1 – PRESENTATION OF THE WEBSITE
The purpose of the ARTISTES ACTUELS website is to promote outsider and contemporary artists selected for the quality of their work according to the totally subjective criteria of the editorial team, which is made up of art enthusiasts. The artists are singular, outsiders, raw, naive, expressionists, street-artists, illustrators and other unclassifiable artists of the French and foreign art scene. To promote them, the website consists of a free web magazine and an online shop. The website www.artistesactuels.fr is edited by SAS Akitsu.pro SIRET 881878730 Versailles.
2 – PURPOSE OF THE TERMS AND CONDITIONS
The purpose of the ARTISTES ACTUELS online shop is to present and sell works by selected artists to Internet users, the buyers. The purpose of these general terms of sale is to define the terms and conditions of online sale of the Works present on the ARTISTES ACTUELS site, and to define the rights and obligations of the parties in this relationship. Sales made through the Site are concluded directly between ARTISTES ACTUELS and the buyers.
3 – AGREEMENT
The unreserved acceptance of the entirety of these general terms and conditions of sale is indispensable for the conclusion of the sales contract, both by the Seller and by the Buyer. This acceptance is materialised by a box to be ticked on the order form for the Work.
4 – ORDER
Each Work offered is accompanied by a brief description sheet containing information relating in particular to its support, its dimensions, its weight (if it is a 3D Work) and its nature. To order a Work, the Buyer must select the Work of his/her choice, place it in the basket and fill in the information required for the order (or identify him/herself, if he/she has a User account). Before confirming the order, the Purchaser must check the information contained in the order summary, and has the possibility of correcting any errors in the elements entered, as well as taking note of the delivery costs or the fixed delivery costs.
5 – SALE PRICE AND PAYMENT TERMS
The sale price of the Works is displayed on the ACTUAL ARTISTS website and includes VAT and a contribution to the cost of shipping by registered letter or package. The VAT and related costs are therefore indicated at the time of the order summary. Payment of the price of the work by the Buyer to ARTISTES ACTUELS is made via the payment services provided by ARTISTES ACTUELS, card, bank transfer and cheque. The transfer of ownership occurs once the full price has been paid by the Buyer.
6 - DELIVERY OF WORKS OF ART
The delivery of the ordered Works is carried out at the address indicated in the summary form of the order. The work is sent by the artist directly to the purchaser in tracked or registered post to ensure traceability. The quality of the packaging of the work is the responsibility of ARTISTES ACTUELS. The Buyer undertakes, upon receipt of the order, to check the condition of the work and to express any reservations in writing and without delay, at the latest within 48 hours, to ARTISTES ACTUELS.
7 –RIGHT OF WITHDRAWAL
Pursuant to Article L.121-21 (law of 17 March 2014 on consumption) of the French Consumer Code, the Buyer has a period of 14 days from the delivery of the Work to exercise his/her right of withdrawal from the Seller, free of charge and without reason.
The Buyer shall exercise his/her right of withdrawal from ARTISTES ACTUELS by sending a message via the contact form on the site or via an email to email@example.com. ARTISTES ACTUELS shall then deal with the Buyer’s request for withdrawal and shall reimburse him/her within 14 days of the date on which ARTISTES ACTUELS was informed of the Buyer’s right of withdrawal. The refund will cover the price of the work and the contribution to the cost of delivery. The return costs will be at the buyer’s expense. Works returned damaged or soiled by the Buyer will not be taken back or reimbursed, this being the responsibility of ARTISTES ACTUELS who will provide photos of any damage to justify its decision.
8 – FORCE MAJEURE
The existence of a case of force majeure may suspend the execution of the contract or, if it is definitive, lead to the cancellation of the sale. Force Majeure or fortuitous events are expressly considered to be those usually retained by the jurisprudence of the French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which could not be avoided by appropriate measures. The party invoking Force Majeure must immediately notify the other party.
9 –INTELLECTUAL PROPERTY RIGHTS
The works presented by ARTISTES ACTUELS are unique and original. In the case of lithographed works or equivalent, the number of copies reproduced is indicated. In the case of books, the uniqueness does not exist, except in the case of artists’ books.
At the time of sale, the artist transfers to the Buyer the material support of the work and his representation rights on the work. However, the artist retains the moral rights to the work sold as well as the rights related to its reproduction.
10 – DATA PROTECTION
ARTISTES ACTUELS collects and keeps the buyers’ personal data for the proper execution of the sales contract. Pursuant to Law No. 78-17 of 6 January 1978 relating to data processing, files and individual liberties, the Buyer has the right to access, modify, rectify and delete personal data concerning him/her processed via the Site at the time of ordering, as well as the right to oppose the communication of this data to third parties for just reasons by sending a request to the following address: firstname.lastname@example.org . ARTISTES ACTUELS undertakes to put in place all measures to protect the confidentiality of the information provided by the Buyer.
11 –GOVERNING LAW
These general terms and conditions of sale are governed by French law. In the event of a dispute, the Buyer has the right to have recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these GTCs, as provided for in Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code. The User will find the list of mediators on the government site dedicated to this purpose: http://www.mediateurfevad.fr/.
Any dispute concerning the validity, interpretation or execution of these General Terms and Conditions of Sale shall be brought before the courts of Versailles (Yvelines department, Ile-de-France)