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General terms and conditions of sale

Preamble

These general terms and conditions of sale apply to all sales concluded with natural persons, hereinafter referred to as the Buyer.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the www.artgallery-portovecchio.com website are informed of the identity of the various parties involved in its creation and monitoring:

Owner: ART GALLERY - PORTO VECCHIO - - 18 rue Camille de Rocca Serra 20137 Porto Vecchio

Responsible: Isabelle Lacheny - contact@artgallery-portovecchio.com

The www.artgallery-portovecchio.com website markets the following products: art works – paintings – sculptures – photographs – drawings.

For any information, the buyer can contact the gallery manager at any time by email ( contact@artgallery-portovecchio.com ) or by phone during opening hours ( +33627844900 ).

Pricing and Works

The works are sold in euros, all taxes included, excluding delivery costs.

For all deliveries outside the EU, additional fees may apply (duties and taxes). These additional fees will be borne by the buyer.

Full ownership of the works remains with the gallery until full payment of the price is made.

Payment Methods

Payment for the order is made in full upon validation of the order.

ART GALLERY - PORTO VECCHIO provides various payment methods.

  • Bank transfer
  • Debit card
  • Remote payment

The Gallery reserves the right to suspend order processing and deliveries if authorization for payment by debit card is refused by duly accredited organizations, or in case of non-payment. Furthermore, the Gallery expressly reserves the right to refuse to fulfill a delivery or to proceed with an order from a Buyer who has not fully or partially paid a previous order, or is in dispute over payment being processed.

Order Validation and Transaction

By placing an order, the Buyer declares that they have read and accepted without any restriction the general terms and conditions of sale before finalizing their order. This acceptance is in no way dependent on a handwritten signature by the Buyer.

The Buyer's visit to the site is also governed by the site's terms of use, to which they fully adhere without any reservation.

The Buyer's validation of the order confirms the general sales conditions.

The sale is made by the gallery manager.

Any order constitutes acceptance of the prices and description of the works and products available for sale.

The descriptions and presentations of these works are made with the greatest care for accuracy. However, ART GALLERY - PORTO VECCHIO declines any responsibility in case of any errors or omissions in these presentations. Product photographs are not contractual.

If a payment default or incorrect address is observed, the Gallery reserves the right to suspend or cancel the order.

The sale is considered final once the seller has confirmed the sale by email and the gallery has received the full amount due.

The conditions and modalities for exercising the right of withdrawal, in accordance with the provisions of articles L121-20 of the French Consumer Code, come into effect as soon as the purchase is made and confirmed by the receipt, by the Buyer, of the email entitled "Order Details".

Right of Withdrawal

According to the provisions of Article L121-20 of the Consumer Code, the Buyer has a withdrawal period of fourteen days, which begins upon confirmation of the purchase by receipt, by the Buyer, of the email entitled "Order Details".

To exercise their right of withdrawal, the Buyer must inform the gallery of their decision by registered letter with acknowledgment of receipt. At this point, they may choose between a refund of the amounts paid or an exchange.

The delivered work must be returned in its original condition, including packaging, accessories, certificate, instructions, and the purchase invoice, at the Buyer's expense. This return must be made within three days from the withdrawal, to the following address: ART GALLERY - PORTO VECCHIO 18 rue Camille de Rocca Serra 20137 Porto Vecchio .

Once the returned work is received and its good condition confirmed, ART GALLERY - PORTO VECCHIO will refund the amounts received for the returned products, excluding initial and return shipping costs. This refund will be made no later than fourteen days.

Delivery

If feasible, the buyer can collect their purchase from the gallery premises.

In case of delivery, the purchase will be sent to the delivery address provided by the buyer during the order. Delivery times are indicative and are not guaranteed by the gallery.

If the Buyer is absent during delivery, a delivery notice will be left in their mailbox, inviting them to collect the package at the specified location and within the specified time. In case of alteration, tearing, or opening of the original packaging at the time of delivery, it is imperative that the Buyer examines the condition of the items. If they are damaged, it is essential that the Buyer categorically refuses the package and notes a reservation on the delivery slip (refusal of the package due to opening or observed damages).

The Buyer must indicate any anomalies regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken items, etc.) on the delivery note, accompanied by handwritten remarks and their signature. This check is considered done as soon as the Buyer, or a person authorized by them, signs the delivery slip.

Subsequently, the Buyer must send their reservations by registered mail to the carrier within a maximum period of two working days after receiving the work or products, while also sending a copy of this letter to the address: 18 rue Camille de Rocca Serra 20137 Porto Vecchio

The Buyer must notify ART GALLERY - PORTO VECCHIO Gallery on the same day as the package reception or no later than the first working day following the delivery, any claim regarding a delivery error or non-conformity of the products in terms of quantity or quality compared to the details specified on the order form. Any claim made after this period will be rejected.

Any claim not in accordance with the aforementioned guidelines and outside the specified deadlines will not be considered and will release ART GALLERY - PORTO VECCHIO Gallery from any liability to the Buyer.

Works requiring return to ART GALLERY - PORTO VECCHIO Gallery must be the subject of a return request within fourteen days of delivery. Any claim made after this period cannot be considered. The return will only be accepted for works or products returned in their original condition, including packaging, accessories, certificate, instructions, and any original item.

The observance of delivery times and the preservation of the work during delivery depend on the carrier. Therefore, no claim for compensation, of any kind, can be claimed by the Buyer from ART GALLERY - PORTO VECCHIO Gallery in case of delayed delivery, non-delivery, and/or delivery of a damaged work, attributable to the carrier (delivery slip provided by the carrier will be authoritative).

Guarantees

The Work provided by ART GALLERY - PORTO VECCHIO Gallery benefits, in accordance with legal provisions, from:

  • The legal guarantee of conformity.
  • The legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use.

Any guarantee is excluded in case of misuse, negligence, or lack of maintenance by the Buyer, as well as in case of normal wear and tear of the item, accident, or force majeure, and the guarantee of ART GALLERY - PORTO VECCHIO Gallery is limited to the exchange with a work of equivalent value or the refund of the non-conforming Work or affected by a defect.

ART GALLERY - PORTO VECCHIO Gallery undertakes that the works presented on the www.artgallery-portovecchio.com website comply with their descriptions and with French law. In the event of a material error on the Site resulting in the delivery of the wrong Work to the Buyer, the Buyer may, at their discretion, request the exchange with the correct work, if available, a work of equivalent value, or the refund of the amounts paid, but cannot claim any compensation from ART GALLERY - PORTO VECCHIO Gallery.

ART GALLERY - PORTO VECCHIO Gallery cannot under any circumstances be held liable, without limitation:

  • For the transmission and/or receipt of any data and/or information over the Internet
  • For any malfunction of the Internet network preventing the receipt and/or sending of emails as well as the consideration of an order
  • For failure of any receiving equipment or communication lines
  • For loss of any paper or electronic mail and, more generally, for loss of any data.
  • For routing problems or damage occurring during transport
  • For the operation of any software
  • For the consequences of any virus, computer bug, anomaly, technical failure
  • For any damage to a Buyer's computer
  • For any technical, hardware, and software failure of any nature, preventing or limiting the possibility of placing an order or damaging a Buyer's system.

Rights on the Work

The artist holds the copyright (economic rights and moral rights) to their creation, within the meaning of Article L.111-1 et seq. of the Intellectual Property Code. The rights of representation and reproduction of the works on the galerie Glénat website belong to their authors and may be licensed from galerie Glénat. Their joint authorization is then necessary for any exploitation of these rights.

The Buyer's rights to the purchased Work are therefore limited to a right of private use, excluding any right of representation and reproduction.

Data Confidentiality

The personal information provided by the Buyer in the context of distance selling is mandatory and essential for the processing of their order and the establishment of invoices. They remain strictly confidential and will not be exploited by the gallery, except as necessary for execution, processing, management, and payment of orders, for which they may be shared with the gallery's partners.

In accordance with Law No. 78-17 of January 6, 1978 (computer science and freedoms), the Buyer has a permanent right of access, modification, rectification, deletion, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the modalities defined on the site.

Non-validation and Non-waiver

If one or more clauses of these general terms and conditions are deemed invalid or declared as such under a law, regulation, or final decision of a competent court, the other clauses will retain their full effect and validity.

The fact that one party does not invoke a breach by the other party of any of the obligations set forth in these general terms and conditions cannot be interpreted as a waiver of that obligation for the future.

Contract Validity

The general terms and conditions of sale are written in French. In case of translation, only the French version shall prevail.

The current general terms and conditions of sale as well as the summary of the order sent to the Buyer constitute a comprehensive contractual set and represent the entirety of the contractual relations established between the parties.

ART GALLERY - PORTO VECCHIO Gallery reserves the right to modify these general terms and conditions of sale. Any new version will be notified on the Site. In case of discrepancy, the version online on the site will prevail over any other version of these general terms and conditions of sale.

Disputes and Applicable Law

These general terms and conditions of sale are subject to French law.

Any dispute relating to their interpretation and/or execution falls under the jurisdiction of the French courts.

The Buyer is informed that they can in any event resort to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in case of dispute.

Legalese

The Buyer acknowledges having read these general terms and conditions of sale and expressly accepts them without reservation. They declare that they are of legal age and have the legal capacity to enter into contractual obligations.

The purchase order implies acceptance of these general terms and conditions of sale and constitutes a contract between the Buyer and ART GALLERY - PORTO VECCHIO Gallery.

The Buyer confirms having full knowledge of this.