General conditions of sale of products online to private consumers

Preamble

These general conditions of sale apply to all sales made on the Galerie Artwave website.

The website https://galerie-artwave.fr is a service of:

• The Artwave company
• Located 208 Rue du Château 46330 Cabrerets, France
• Site URL address: https://galerie-artwave.fr
• E-mail:
• Phone number: +33 (0) 6 61 13 24 52
• SIREN number: 832 506 851 R.C.S. Cahors

The Galerie Artwave website sells the following products: works of art and postcards.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Principles

These general conditions express all the obligations of the parties. The buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Galerie Artwave website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify these general conditions from time to time. These modifications will be applicable to any sale made from the moment they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector between companies having their headquarters in France and their customers.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Galerie Artwave website.

These conditions only apply to purchases made on the Galerie Artwave website. These purchases relate to the following products: works of art and postcards.

Article 3 – Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner:

• the essential characteristics of the property;
• the price of the good and / or the method of calculating the price;
• if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
• the date or the deadline at which the seller undertakes to deliver the good, whatever its price;
• information relating to the identity of the seller, his postal, telephone and electronic contact details, his activities and those relating to legal and contractual guarantees.

Article 4 – The order

The purchaser has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of the quantities available.

The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and, finally, validate the payment method.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after payment by the buyer of the full price.

Any order implies acceptance of the price and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees set out below.

In certain cases, in particular in the event of default of payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: +33 (0) 6 61 13 24 52 (non-surcharged number), on the following days and times: from Monday to Sunday, from 9 a.m. to 8 p.m., or send an email to the seller at the following email address: .

Article 5 – Electronic signature

The online supply of the buyer’s credit card number or the payment by PayPal and the final validation of the order will be worth:

• proof of the buyer’s agreement ;
• payment of the sums due under the purchase order;
• express acceptance by the buyer of the use of his personal data by the company Artwave in accordance with the confidentiality policy defined in the document “Legal Notice and Confidentiality Policy” available on the site.

In the event of fraudulent use of his bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: +33 (0) 6 61 13 24 52 or by email at the following e-mail address: .

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7 – Proof of the transaction

The computerized registers, kept in the computer systems of the seller under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 8 – Product information

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limit of available quantities.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation without any fraudulent intent on the part of the seller, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Unless otherwise indicated, prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition – and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, upwards or downwards, this change will be automatically reflected in the selling price of the products.

Article 10 – Terms of payment

10.1 General rules

The placing of the order implies the payment of the price by the purchaser.

To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller’s website.

The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment.

The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

Payment of the price is made in full on the day of the order, as follows:

• Bank card
• PayPal – Klarna- Alma

The buyer can benefit from a payment arrangement in two, three or four installments. This option is open to the buyer who opts for a payment with one of our partners Klarna or Alma, subject to meeting the eligibility conditions and according to the terms defined by these partners (see conditions on https: // www .klarna.com / fr / or https://getalma.eu/).

10.2 Trial offer for 30 days with deferred payment

The 30-day trial offer with deferred payment indicated on the website https://galerie-artwave.fr consists of allowing the buyer who is in doubt about the relevance of his choice to have a painting delivered. in order to be able to contemplate it in situation for 30 days without paying, during this period, the payment of the price.

This offer, made in partnership with Klarna, is exclusively open to customers opting for this payment method. It is subject to the conditions defined by Klarna (See conditions on https://www.klarna.com/fr/).

This offer is only available in certain countries exhaustively listed on the site of our partner Klarna. This list is evolving. This offer is not yet available for customers ordering from France.

This offer is limited to five artwork per buyer and can be renewed up to two times.

The customer who wishes to keep the painting that will have been delivered to him as part of this offer will have to pay the price as well as the delivery costs and any applicable taxes at the end of the 30-day trial period with deferred payment, according to the terms defined by Klarna. The sales contract will then be deemed final. The painting will nevertheless remain the property of the company Artwave until full payment of the amounts due.

The customer who wishes to return the painting for which he has received a trial offer for 30 days with deferred payment will notify the seller by email.

Article 15 of these general conditions of sale will then apply.

Article 11 – Product availability – Refund – Resolution

Except in cases of force majeure referred to in article 16 of this contract or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of the quantities available, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

Any product ordered and available on the date of the order will be shipped by private carrier within a maximum of 15 days following confirmation of the order.

In the event of non-compliance with the date or the shipping deadline indicated above, the buyer must, before canceling his order, direct the seller, in writing or orally, to perform his obligations within a period of time. extra reasonable.

If the seller fails to fulfill his obligations at the end of this new period, the buyer may freely terminate his order.

The order will be considered terminated upon receipt by the seller of the writing (letter or email) informing him of this termination, unless the seller has performed in the meantime.

In this case, the seller is required to reimburse the buyer for all sums paid, at the latest within 7 days of the date on which the order was canceled.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice between a full refund of the sums paid during his order and the exchange of the product. In the event of a refund request, it will be made within 7 days of the date of cancellation of the order.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.

The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and within the period indicated.

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, degraded products …).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.

Article 13 – Delivery error

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.

The complaint can be made, at the choice of the buyer:

• by telephone at the following number: +33 (6) 61 13 24 52;
• by email to the following address: .

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and the seller will be considered as released from any liability vis-à-vis the buyer.

Upon receipt of the complaint, and subject to its validation, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.

Any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by carrier, with insurance taken out covering the value of the returned products, to the following address: 208 Rue du Château, 46330 Cabrerets – France.

Return costs are the responsibility of the seller.

Article 14 – Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from the delivery of the goods to act;
• the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the good.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are likely to render the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Commercial guarantee

The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

The period of 14 days indicated above is contractually extended to 30 days by the company Artwave.

The products must be returned, accompanied by the purchase invoice, in their strict original condition, without any degradation, even minimal, making their marketing impossible.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised by email or letter using the withdrawal form provided in the appendix to these general conditions of sale. It must be unambiguous and express the desire to retract.

An acknowledgment of receipt will be immediately communicated to the buyer.

The products returned in application of this article must be shipped by the purchaser, at his expense and under his responsibility, to the company Artwave – 208 rue du Château – 46330 Cabrerets – France, no later than 30 days after the date of initial receipt. of the product.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and affected by the withdrawal as well as the initial delivery costs are reimbursed.

Return costs remain the responsibility of the buyer.

The exchange (subject to availability) or the refund (provided that the buyer has not benefited from the trial offer for 30 days with deferred payment referred to in article 10.2 above) will be made. within 14 days of the date on which the seller was informed of the withdrawal decision. This period may be extended by the seller until receipt of the products returned by the buyer under the conditions provided above.

Article 16 – Force majeure

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts: the blocking of means of transport or supplies, natural phenomena such as earthquakes, fires, storms, floods, lightning, as well as the shutdown or malfunction of telecommunications networks for reasons beyond the control of the parties.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.

If the case of force majeure lasts longer than three months, the sales contract may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content.

Buyers undertake not to make any use of this content by themselves, on their own behalf or on behalf of a third party; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

The paintings and derivative products sold on the site [www.galerie-artwave.fr] (https://www.galerie-artwave.fr/) are protected by laws and regulations on intellectual property. Any reproduction in any form whatsoever of these tables and derived products is strictly prohibited. Any offender is liable to civil and criminal prosecution. It is recalled in this regard that under Article L335-2 of the Intellectual Property Code: “Any edition of writings, musical composition, drawing, painting or any other production, printed or engraved in in whole or in part, in defiance of the laws and regulations relating to the property of the authors, is an infringement and any infringement is an offense. ”

Article 18 – Data processing and Freedoms

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the site www.galerie-artwave.fr.

Article 19 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity. strength and scope.

Article 20 – Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 21 – Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on the website www.Galerie-Artwave.fr.

In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the ‘European Union. This platform is accessible at the following link: [https://webgate.ec.europa.eu/odr/ marge (https://webgate.ec.europa.eu/odr/).

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

• access and use of the website by the user;
• management of the operation and optimization of the website;
• organization of the conditions of use of the Payment Services;
• verification, identification and authentication of data transmitted by the user;
• offering the user the possibility of communicating with other users of the website;
• implementation of user assistance;
• personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
• prevention and detection of fraud, malware (malicious software) and management of security incidents;
• management of any disputes with users;
• sending of commercial and advertising information, according to user preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes publicly accessible information in the free comment areas of the website;
• when the user authorizes the website of a third party to access his data;
• when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. personal character;
• if the law requires it, the website may carry out the transmission of data in order to follow up on complaints made against the website and to comply with administrative and legal procedures;
• if the company Artwave, owner of the website, is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to sell or share all or part of its assets, including the data of a personal nature. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot therefore fully guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: .

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.

• the right of rectification: if the personal data held by the website are inaccurate, they can request the updating of the information.

• the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

• the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.

• the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

• the right to portability: they can request that the website provide them with the personal data provided to it in order to transmit them to a new website.

Evolution of this clause

Artwave reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the company Artwave undertakes to publish the new version on its site. The company Artwave will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Annex :

Withdrawal form

(to be completed by the consumer, and send by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form

To the attention of :

Artwave

located at: 208 Rue du Chateau, 46330 Cabrerets

telephone number: 0661132452

email address:

I hereby notify you of my withdrawal from the contract relating to …………………, ordered on: ………

First and last name of the consumer: ……………..

Consumer address: ……………..

Date: ………………

Consumer signature

Annex :

Consumer Code

Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”

Article L. 217-5: “The goods comply with the contract:

1 ° If it is suitable for the use usually expected of a similar good and, if applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”

Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them ”.

Article L. 217-7: “Lacks of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. ”

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which he himself supplied. ”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then bound to proceed, unless this is impossible, according to the method not chosen by the buyer. ”

Article L. 217-10: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ”

Article L. 217-11: The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity lapses two years after delivery of the goods.”

Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. “

Article L. 217-14: “The recourse action can be exercised by the final vendor against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good. or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer . The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. “

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period.

This period runs from the buyer’s request for intervention or the provision for repair of the item in question, if this provision is subsequent to the request for intervention. ”

Civil Code

Article 1641: “The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer cannot would not have acquired, or would have given a lower price, if he had known them. ”

Article 1648: “The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.