General terms and conditions of sale
ARTICLE 1 – PREAMBLES
1.1 The company Galerie Artefact, a one-man SAS with a capital of €10,000, registered in the RCS of METZ Siret 832 605 315 000 15, whose head office is located at 12, rue des Augustins – 57000 METZ – FRANCE (hereafter referred to as GALERIE ARTEFACT), publishes the site www.galerie-artefact.com
GALERIE ARTEFACT, through its website, has the following corporate purpose: the advice and sale of objects, original works of art and reproductions in limited series; the brokerage activity related to the sale of objects and works of art.
1.2 The Buyer is defined as an Internet user, having a functional e-mail address, natural person or representative of a legal entity, professional or private individual, endowed with the means useful for the use of the services offered and for whom he will be responsible and will assume the inherent costs.
1.3 The present general terms and conditions of online sale govern the contractual relationship between ARTEFACT GALLERY and the Buyer, within the framework of a system of distance selling, both parties accepting them without reservation.
1.4 The present conditions can be consulted online at the main address mentioned below, and will prevail over any other reproduction medium.
1.5 The Buyer declares that he has taken note of the following provisions before placing an order. By entering into an online sales contract, the Buyer expressly and irrevocably accepts the terms set out below. Any condition to the contrary opposed by the Buyer will, therefore, in the absence of express acceptance, be unenforceable against GALERIE ARTEFACT, regardless of when it may have been brought to its attention.
1.6 The fact that the ARTEFACT GALLERY does not avail itself at a given moment of any one of these general terms and conditions of sale cannot be interpreted as a waiver of the right to subsequently avail itself of any one of the said conditions.
1.7 The Buyer declares that he/she has the capacity to conclude the present contract, i.e. that he/she is of legal majority and is not under guardianship or curatorship if he/she is a natural person. If he represents a legal entity, he has the power to bind the legal entity under the customer-supplier sales contract.
1.8 Article 12 of the present general terms of sale expressly provides for the terms and conditions of sale and delivery of the works in the event that the sale is made directly in one of the establishments of the company GALERIE ARTEFACT.
ARTICLE 2 – ACCEPTANCE OF ORDER
GALERIE ARTEFACT declares prior to any order that it has been mandated by the owner of the work to sell the work, which is the object of the present contract. The Seller declares the accuracy of the information concerning the description of the work that is the object of the present contract. In the event that the ARTEFACT GALLERY is the owner of the work, the ARTEFACT GALLERY will not be liable for any loss or damage resulting from its use.
ARTEFACT declares the accuracy of the information concerning the description of the work.
In order to allow the Purchaser to return to his/her order before definitively validating it, the order is validated in three stages:
2.1 1st Step: The Buyer’s electronic reservation. The purpose of this formality is to allow the Buyer to verify the characteristics of the order.
his order (price, description of the object, name of the artist). The Buyer will have to give the personal information necessary for the order as well as the delivery address of the object if he wishes to be delivered.
2.2 2nd Step: The confirmation of the order. Once GALERIE ARTEFACT has provided the Buyer with the information and in particular the summary of the order, the Buyer may confirm his/her order after having read and accepted the general terms and conditions of sale. This confirmation must be accompanied by the payment of the order. The order will only be processed upon receipt of payment. In the absence of payment within the time limit, the order is considered null and void and the work(s) is (are) put back on sale and delivery cannot take place.
2.3 3rd Step: Order form – Invoicing. At the end of these two steps, an order summary is automatically drawn up by GALERIE ARTEFACT, proof of the Buyer’s order and sent to the latter. The Purchaser will be provided with the order summary by any possible means, in priority by a simplified copy of the text format sent automatically as an e-mail attachment to the address provided by the Purchaser at the time of registration and upon the Purchaser’s express request by fax or post. The order is considered firm from the moment GALERIE ARTEFACT provides the Buyer with the order summary. The summary of the order by ARTEFACT GALLERY is deemed to be the date of conclusion of the sales contract. In addition, ARTEFACT GALLERY will provide the purchaser with an original invoice accompanying the work upon delivery. In order to establish useful proof, the ARTEFACT GALLERY will keep the full contact details of the purchaser, as well as the e-mail address which will have enabled him/her to place the order.
ARTICLE 3 – PRICES
3.1 The price appearing on the GALERIE ARTEFACT website is expressed in Euros, excluding delivery charges applicable on the day of the order. For countries outside the European Union and for the French overseas departments and territories, this price does not include customs duties, local taxes or import duties, which remain the responsibility of the Buyer and of which he may become aware by contacting the competent authorities of the country.
3.2 Delivery costs are indicated to the Buyer when the acknowledgement of receipt of the order form is sent (article 2 § 2.2). Any change in the VAT rate or delivery costs may be passed on to the price of the work(s). Except in the case of a special request from the Buyer justifying the right to benefit from special VAT rules,
in particular due to its justified geographical location, French VAT applicable to online services will be due.
3.3 Proof of the final price of the order is recorded in the order form, recorded and this information is stored securely on the ARTEFACT GALLERY server. The price thus defined is firm and definitive.
3.4 After payment of the total price, the ARTEFACT GALLERY will provide the Purchaser with an invoice.
3.5 The Buyer located outside of metropolitan France is invited to inquire about import duties or taxes that may be applicable in this case, and will assume the cost of any such import duties or taxes.
responsibility for their declaration and payment.
ARTICLE 4 – PAYMENT AND SECURITY OF TRANSACTIONS
4.1 Payment of the price must be made within 7 clear days of the acknowledgement of receipt referred to in Article 2.3 hereof.
4.2 The price of the order is payable by credit card (Visa/Mastercard) or PayPal®. ARTEFACT GALLERY has set up a secure payment system offered by its banking establishment (CIC Est).
ARTICLE 5 – REVOCATION RIGHT
5.1 As from the delivery of the order the Buyer has a period of 14 days to withdraw from the contract.
5.2 The Buyer must notify GALERIE ARTEFACT of his wish to retract by mail with acknowledgement of receipt within 14 clear days from the date of delivery.
5.3 The work(s) delivered must be returned within three days of the withdrawal to the ARTEFACT GALLERY at the following address: GALERIE ARTEFACT – 12, rue des Augustins – 57000 METZ – France.
5.4 The purchaser must justify the delivery date in order to benefit from the withdrawal period.
5.5 The Buyer is obliged to organise the return of the work(s) at his own expense.
5.6 Upon receipt of the goods, and after checking that they are in good condition, GALERIE ARTEFACT will proceed to reimburse the sums received for the returned goods, with the exception of the shipping and return costs.
ARTICLE 6 – DELIVERY
6.1 Delivery terms and deadlines. The Buyer has the option of collecting or having the item collected at the company’s premises, in which case no delivery will be made. The work(s) is (are) delivered to the delivery address indicated by the Buyer when ordering. Delivery costs are payable by the buyer and are indicated to him/her when the acknowledgement of receipt of the reservation referred to in article 2§2.2 is sent. For non-bulky items up to and including 30 kg, the shipment of
the work must be completed within a maximum of 10 days from receipt of payment.
Above 30 kg and for bulky pieces, the work must be shipped within 4 weeks of receipt of payment. In case of delay in shipment, an email will be sent to the Buyer informing him/her that as long as the product is not shipped, cancellation of the order is always possible. In this case, the applicable refund conditions are those applicable to the terms of withdrawal set out in Article 5 of the General Terms and Conditions of Sale.
Delivery times are given for information only and are not guaranteed by GALERIE ARTEFACT. No liability action may be brought against GALERIE ARTEFACT.
The customer is liable to GALERIE ARTEFACT if the work(s) has been damaged during delivery.
Complaints about apparent defects or about the non-conformity of the delivered product to the ordered product or to the dispatch note must be made in writing by registered letter with acknowledgement of receipt within 3 days of delivery according to the terms set out in articles 7 and 8 of the General Terms and Conditions of Sale.
The work(s) travel(s) at the risk and peril of the Buyer to whom it is incumbent in the event of damage or failure to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
ARTICLE 7 – RECEPTION
7.1 Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or about the non-conformity of the product delivered with the product ordered or the dispatch note must be made in writing within three days of delivery;
7.2 It shall be up to the Buyer to provide any justification as to the reality of the defects or anomalies observed. The Buyer must allow ARTEFACT GALLERY every facility to
to ascertain these defects and to remedy them. He shall refrain from intervening himself or a third party to this end.
ARTICLE 8 – BACK
8.1 Modalities. Any return of the product must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be held at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the purchaser. The Buyer is obliged to organise the return of the work(s) at his own expense. The returned goods must be accompanied by proof of the delivery date and must be in the condition in which the Seller delivered them. Returns must be sent to the following address: GALERIE ARTEFACT – 12, rue des Augustins – 57000 METZ – FRANCE;
Any return accepted by GALERIE ARTEFACT will lead to the establishment of a credit note in favour of the purchaser, after qualitative and quantitative verification of the returned products; returns that do not comply with the above procedure will be sanctioned by the loss of the sums paid by the purchaser.
ARTICLE 9 – LAW ON DATA PROCESSING AND FREEDOM – PERSONAL DATA
9.1 The information that is requested from the Buyer when registering his/her details is necessary for the processing of his/her order by GALERIE ARTEFACT.
9.2 In application of the “Data Processing and Freedom” law of 6 January 1978 as amended, the Purchaser has the right to access and rectify any data concerning him/her with ARTEFACT GALLERY. This right may be exercised by simple written request or email with acknowledgement of receipt addressed to GALERIE ARTEFACT.
CNIL registration number : 1449989
For any information from the CNIL: www.cnil.fr
ARTICLE 10 – INTELLECTUAL PROPERTY
All the elements of the GALERIE ARTEFACT website are and remain its intellectual and exclusive property. Nobody is authorized to reproduce, exploit, rebroadcast, or
use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of GALERIE ARTEFACT.
ARTICLE 11 – APPLICABLE LAW AND DISPUTE RESOLUTION
The special conditions and the general conditions of sale are interpreted in accordance with French law. The nullity of one of the conditions herein shall not entail the nullity of the general terms and conditions of sale itself. In the event of a dispute, the French courts shall have jurisdiction.
ARTICLE 12 – SALE AND DELIVERY OF THE WORK DIRECTLY TO THE HEAD OFFICE OF THE ARTIFACT GALLERY
Should the Buyer decide in agreement with GALERIE ARTEFACT to go to its establishment located at 12, rue des Augustins – 57000 – METZ – France in order to purchase the works, the sale will be declared complete without the possibility of retraction when the Buyer hands over the price of the said work and when GALERIE ARTEFACT sends an invoice mentioning the description of the work and its price including VAT. Under such conditions, GALERIE ARTEFACT disclaims all liability and the provisions of these general conditions of distance selling are not enforceable against it.