GENERAL TERMS AND CONDITION OF SALE
Welcome to http://www.place-des-arts.com/, online shop of Art works. We urge the users to carefully read the present General Terms and Conditions of Sale as well as the Personal data protection policy that govern the use, browse and orders on the Website.
When using this Website, and placing and order on it, the User is bound by these Conditions and our Data Protection policy.
Last amendment: 05/12/2020
INTRODUCTION
The present General Terms and Conditions of Sale (hereinafter referred to as the "T&C") applies to the relations between Place des Arts and Customers.
Since 1997, Place des Arts is specialized in the purchase, sale and publishing of original prints, collector's prints, and also offers paintings, sculptures and photographs.
1 - DEFINITIONS
- "Customer": A natural person of legal age acquiring one or more Works through the Site;
- "Order": Purchase order from the Customer for one or more Works on the Site;
- "Work": any work of art offered for sale on the Site;
- "Site": refers to the website http://www.place-des-arts.com/fr/.
2 - PURPOSE OF THESE CONDITIONS
The purpose of these T&C is to set the terms and conditions of use of the Site, the terms and conditions of the Order as well as the obligations of the parties under the sales contract.
3 - CHARACTERISTICS OF WORKS
3.1 Characteristics of Works
The Works available on the Site are unique or limited edition works of art and, unless otherwise stated, are deemed to be in very good condition and unframed.
The descriptive notices of the Works published on the Site are written with the greatest care but may nevertheless contain errors or omissions (not known at the time of writing). In this case, Place des Arts cannot be held liable under any circumstances.
The photographs of the Works are not contractual. The justification of the print run or the appearance of the signature may vary from one print to another when Place des Arts has several copies of a Work.
3.2 Availibility of Works
The Works are available in limited quantities and may at any time no longer be available for sale on the Site. In the event of unavailability of a Work after placing the Order, Place des Arts will inform the Client as soon as possible.
The Client may cancel the Order or choose another Work available as a replacement.
3.3 Certificate of authenticity
Place des Arts issues a certificate of authenticity for prints worth more than €100, posters worth more than €500 and unique works.
As a print specialist since 1997, Place des Arts is recognized for its expertise and technical knowledge in modern and contemporary printmaking. Place des Arts issues expert opinions based on a precise examination of the work and a bibliography allowing the work to be linked to an artist, a period and to appreciate its pecuniary value.
As a member of the Chambre syndicale de l'Estampe, du Dessin et du Tableau, Place des Arts operates in accordance with the Code of Ethics and the charter of the original print (https://www.csedt.org/deontologie/).
The certificate of authenticity guarantees the authenticity of the work of art (unless expressly reserved): the work is described with the utmost precision, mentions the bibliographical information in the possession of Place des Arts and guarantees the authenticity of the signature when it is handwritten.
The certificate of authenticity constitutes the opinion of an expert on the day it is drawn up and, despite all the care taken in drawing up the certificate and the veracity of the information, may contain errors or omissions of which Place des Arts was not aware when it was drawn up. In this case, Place des Arts cannot be held liable.
4 - ORDER SUCCESS
1) The Customer is informed of the essential characteristics of the Work and its price;
2) The Customer selects the Work(s) he wishes to buy, available in the basket;
3) The Customer checks, corrects if necessary, his Order and fills in his personal details;
5) The Customer definitively validates his Order and proceeds to payment;
6) The Customer receives by email the summary of his Order;
7) Place des Arts confirms the Order and undertakes to ship it as soon as possible.
Nevertheless, Place des Arts reserves the right not to confirm all or part of an Order, in particular for the following reasons:
- The unavailability of a Work. The Customer is then informed as soon as possible: he can choose another Work or ask for a refund of the price of the Work and the associated delivery costs;
- The Order of a Customer with whom there is a dispute concerning the payment of a previous order or which presents any form of risk;
- In case of doubt about the identity of the Customer and the ownership of the payment method to avoid any identity theft or fraudulent payment.
5 - PRICE AND TERMS OF PAYMENT
5.1 Price
The prices of the Works indicated on the Site are in Euros, all taxes included (incl. VAT) and are communicated on the notices of the Works. Payments are only accepted in Euros and the prices indicated in foreign currencies are given as an indication.
Delivery costs are communicated, at the latest before the final validation of the Order.
If declaration and payment of customs duties, import duties or local taxes are due, they shall be borne by the Customer. It is the Customer's responsibility to check with the competent authorities in his country.
5.2 Payment method
Payment is made by credit card via the secure payment system Mollie.
Place des Arts does not have access to the Customer's banking information and does not keep it on its servers. His details will therefore be requested at each new Order.
6 - OWNERSHIP AND RISK TRANSFERT
The Work remains the property of Place des Arts until full payment of the price by the Client.
Regarding consumer Customers, the risk of loss or damage to the Works shall pass to the consumer Client when he or a third party other than the carrier and indicated by the consumer Client has acquirerd the material possession of the Works ordered. The risk of loss or damage shall also pass to the co
Regarding non-consumer Customers, the risk of loss or damage shall pass to the Customer upon full payment of the price.
7 - DELIVERY TERMS AND COSTS OF ORDER
Place des Arts ships worldwide by La Poste in Colissimo or by DHL to the delivery address indicated by the Customer.
The Works are protected during transport by specific packaging: the Works are rolled and packed in a cardboard tube. Nevertheless, due to the characteristics of certain Works (fragility, price, size, weight...), Place des Arts may send the Works flat, in crates or require the use of a specific delivery method by a specialized carrier.
Delivery charges for Orders are fixed regardless of the number of Works ordered.
Delivery and packaging costs per Order :
Metropolitan France : 15 €
Zone 1 (Germany, Benelux, Spain, Italy…) : 25 €
Zone 2 (US, Canada, UK, Swiss, Norway, Mexico, South Korea, Japan,…) : 35 €
Zone 3 (Russia, Australia, South America, Africa…) : 50 €
Complete list of countries by areas :
Area 1 : Austria, Benelux, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
Area 2 : United Kingdom, Albania, Algeria, Andorra, Bangladesh, Bosnia, Cambodia, Canada, China, Egypt, Guadeloupe, Guernsey, French Guiana, Hong Kong, Indonesia, India, Israel, Japan, Jersey, Kosovo, Lichtenstein, Macedonia, Morocco, Malaysia, Martinique, Mayotte, Mexico, Moldova, Montenegro, Norway, Philippines, Réunion, Serbia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Taiwan, Thailand, Tunisia, Turkey, United Arab Emirates (UAE), United States, Vietnam, Japan.
Area 3 : Rest of Africa, Argentina, Armenia, Australia, Bahamas, Bahamas, Barhein, Belize, Bermuda, Belarus, Burma, Bolivia, Bonaire, Brunei, Brazil, Canary Islands, Cape Verde, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Greenland, Guatemala, Georgia, Saudi Arabia, Honduras, Iraq, Iceland, Iran, Jamaica, Jordan, Kuwait, Laos, Macao, Madagascar, Maldives, Mauritius, Nicaragua, New Caledonia, New Zealand, Nepal, Oman, Pakistan, Panama, Papua, Paraguay, Polynesia, Puerto Rico, Peru, Qatar, Russia, Ukraine, Uruguay, Uzbekistan, Venezuela.
8 - RIGHT OF WITHDRAWAL
The Works sold on the Site are fragile collector's items, to be handled and packed with care.
Therefore it is highly advised that consumers Customer whishing to exercise their right of withdrawal, first contact Place des Arts to find an amicable solution at the following address: contact@place-des-arts.com.
Place des Arts is committed to responding as soon as possible to the Customer's request.
8.1 Exercice of the right of withdrawal
The consumer Customer (established in the European Union and Switzerland) having ordered a Work on the Site has fourteen (14) days from receipt of the Work to exercise his right of withdrawal (without giving any reason or penalty).
To exercise his right of withdrawal, the consumer Customer shall inform Place des Arts of his decision to withdraw on a durable medium either in a statement drafted in his own words without any ambiguity (letter sent by post or e-mail) or using the following standard form X (pdf form to download).
The consumer Customer may also use the following standard form without this being mandatory:
To the attention of PLACE DES ARTS, 3 rue de Téhéran 75008 Paris, France:
I/We (*) hereby give notice that I/We withdraw from my/our contract of sale of the following goods/provision of the following service:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified in writing):
Date:
(*) Delete as appropriate
Refusal to take delivery of the Work or the sole return of the Work without any declaration does not itself constitute the exercise of the right of retraction.
8.2 Order return
As from receipt of the notification of exercise of his right of withdrawal, the Customer has fourteen (14) days at the latest to return all or part of the Order.
The costs of return delivery are bearded by the consumer Customer.
The Customer is invited to follow the instructions given by Place des Arts to pack and return the Work(s):
- The Client must return the Work in its original packaging;
- The Client must implement the instructions given by Place des Arts;
- The Client must take all necessary measures to return the Work in its original condition.
All returned Works must conform to the condition in which the Work was sold.
Upon receipt of the package, Place des Arts will open the package and carefully examine the condition of the returned Work. In the event of obvious negligence in the packaging of the Works, Place des Arts reserves the right to have the parcel opened by a bailiff at the expense of the client.
Works that are damaged or soiled due to the Customer's negligence in the packaging and transport of the Work will not be taken back by Place des Arts and cannot be reimbursed.
8.3 Reimbursement conditions
Place des Arts will reimburse the consumer Client for the price of the returned Artwork as well as the initial delivery charges within fourteen (14) days of receipt of the Artwork.
Reimbursement will be made with the same payment method as used by the consumer Client, unless expressly requested. In any event, this refund will not cause any further costs for the consumer Customer.
9 - LANGUAGE
The present Conditions are written in French and translated into a foreign language for information purposes. In the event of a dispute, the French Conditions shall prevail over any other foreign language version or contradictory document.
10 - CLAIM AND MEDIATION
In the event of a dispute, the Client may first contact Place des Arts to seek an amicable solution.
After a prior written approach by the Customer to Place des Arts, the consumer Client may use the services of a free mediator.
The European Commission has set up an online dispute resolution platform accessible at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
11 - APPLICABLE LAW AND COMPETENT JUDGE
These Conditions are subject to French law. Any dispute relating to their interpretation and/or execution is the responsibility of the Commercial Court of Paris without prejudice of the application of the law and the jurisdiction of the judge of the place of residence of the consumer Customer (established in the European Union).
12 - INTELLECTUAL PROPERTY
The Place des Arts trademark reproduced on the Site is protected under trademark law. The reproduction or representation of all or part of the aforementioned sign is strictly prohibited.
Any reproduction, representation, modification, total or partial use of the Site for commercial or professional reasons without the prior written authorization of Place des Arts is strictly prohibited.
PRIVACY POLICY AND COOKIES
Place des Arts attaches a great importance to Personal data protection that we may process when using our services. As a data controller, Place des Arts commits to protect, to ensure the technical security, confidentiality, non-alteration and the availability of the Personal data collected.
Place des Arts is required to collect, process and use personal data (hereinafter "Personal Data") of the Site User in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
1. PERSONAL DATA COLLECTED
The following personal data may be collected from the User:
- Personal informations such as surname, first name, date of birth, telephone number, e-mail and postal address…;
- History of activity on the Site and relations with Place des Arts (past requests and purchases, shopping cart, selection, taste preferences...).
2. PURPOSE OF THE PERSONAL DATA COLLECTED
Place des Arts is required to keep the User's personal data in order to :
- Manage Orders and relations with the User;
- Keep the User's preferences and selection to improve his or her user experience;
- Send newsletters and special offers to the User;
- Comply with legal and regulatory obligations.
Place des Arts does not store the User's bank details.
3. SHARE OF PERSONAL DATA
As part of its activity, Place des Arts may be led to share all or part of the User's personal data with a third party, exclusively in the following cases:
- The provision of services (transport, customs service, secure online payment) ;
- The verification of the conformity of operations directly or indirectly related to the sales process (to the competent administrative and judicial authorities empowered to obtain this information).
4. RIGHTS OF THE USER
The Personal Data collected is necessary for the execution of the Services provided by Place des Arts, in particular via the Site. Personal Data is processed with the User's consent. If the User wishes to withdraw his consent, he must stop using the Site and its Services.
Nevertheless, the User has at all times rights relating to his Personal Data:
- To request to no longer receive announcements or to revoke any consent previously given by e-mail;
- Exercise their rights of access, rectification and opposition to the processing of Personal Data concerning them.
To exercise these rights, the User may send a request by e-mail to the following address: info@place-des-arts.com. Each request must be accompanied by a copy of an identity document bearing the User's signature and specify the reply address.
5. COOKIES MANAGEMENT
When consulting the Site, information relating to navigation may be recorded in "Cookies" files installed on the User's device (computer, tablet, smartphone) in order to facilitate navigation and the User's connection to the Site.
The first time the User connects to the Site, a warning banner is displayed to ask whether the User consents to the use of cookies. Each time the User returns to the Site, the browser retrieves the file and sends it to the Site's server. The User may also continue browsing the Site while refusing cookies but may see access to the Site restricted.
The cookies on the Site have only the following purposes:
- Collect navigation data (IP address of the computer, date and time of connection);
- Memorize the preferences for using the Site and its Services (language, preferences for displaying the Site, identification
of the User's account).
Place des Arts uses only internal operating cookies. Nevertheless, Place des Arts uses third party services that may record cookies and collect the User's Personal Data. The User must refer to the privacy policy of the third party services.