ARTICLE 1 – APPLICATED FIELD
1.1 ARTsuggest.com is registered with the Paris Trade and Companies Register under number SIREN 510 780 984. ARTsuggest.com through its website has the following purpose : consultancy and sale of objects, works of art and second-hand movable property, brokerage in connection with the sale of objects and works of art, brokerage in connection with the sale of second-hand movable property.
ARTICLE 2 – SUBJECT
2.1 The aim of these general terms of sale is to govern the contractual relations between ARTsuggest.com and the Customer and also to specify enforceable conditions to all purchase carried out via ARTsuggest.com ;
2.2 The purchase of an object, artwork or service via this website involves an acceptation without reserve of these sale conditions by the customer- purchaser.
2.3 The customer is defined as an Internet user who has an operational email address and is a natural person or the representative of a legal entity, either a professional or private individual, with the effective means to use the services available and for which he/she shall be responsible and bear all costs inherent in using such means.
2.4 ARTsuggest.com could change its present general terms of sale at anytime without advance warning. In this case, general terms of sale are in effect at the date of the order from the customer.
2.5 The customer declares that he/she has read and understood the following provisions before placing the order. By entering into an online sales contract, the Customer expressly and irrevocably agrees to the terms and conditions set out below; any contrary terms or conditions that are not respected by the customer shall not be binding on ARTsuggest.com unless it expressly agreed to them, regardless of the moment in time such terms were brought to its attention.
2.6 The fact that ARTsuggest.com fails to rely on any one of these general terms of sale at a given time may not be construed as a waiver of its right to rely on any of the said terms in the future.
2.7 The customer declares that it has legal capacity to enter into this agreement, i.e. that he/she is of legal age and, in the case of a natural person, is not under guardianship (tutelle) or temporary guardianship (curatelle). If the Customer represents a legal entity, it declares that it has the authority to bind the legal entity with respect to the type of sales contract entered into with the supplier.
ARTICLE 3 – ORDER VALIDATION
3.1 Order confirmation by the Customer
The Customer makes his/her order on ARTsuggest.com after having read and accepted the general sale conditions. Payment of the order must be made at the same time as this confirmation. The payment should be received by ARTsuggest.com in five clear days after having confirmed the order. The order will only be considered as processed upon receipt of payment. Failure to make payment within the required deadline shall render the order null and void and the work shall be put back on sale and the delivery shall not take place.
At the end of these previous steps, ARTsuggest.com shall automatically draw up an order summary (invoice) which shall constitute evidence of the Customer’s order and shall be sent to the Customer. The Customer shall be sent the order summary by Internet. The order shall be deemed to be firm once the Customer has the order summary sent by ARTsuggest.com in its possession. This order confirmation by ARTsuggest.com shall determine the effective date of the contract of sale. To ensure it has effective evidence of the sale, ARTsuggest.com shall keep the Customer’s full contact details, including the email address used to make the order.
ARTICLE 4 – PRICES
4.1 The price appearing on the ARTsuggest.com site is in Euros, includes tax and excludes delivery charges applicable on the day of the order. For countries outside the European Union and for French Overseas Departments and Territories, this price does not include customs charges, local taxes or import duties. The Customer shall bear the cost of all such charges, taxes and duties and may contact the competent authorities in the relevant country for information relating to them.
4.2 ARTsuggest.com reserves the right to change the prices at any time but is committed to applying the prices in effect while made the order.
4.3 After payment of the full price, the Customer shall be provided with a pro forma invoice, duly paid.
4.4 The delivery price is indicated to the Customer while making the order or if not, by requesting the information from the seller or ARTsuggest.com
4.5 A Customer located outside of mainland France is requested to obtain information on the import duties and/or taxes that may be applicable to his/her purchase and shall be responsible for declaring and paying any such duties and taxes.
ARTICLE 5 – TRANSACTION PAYMENT AND SECURITY
5.1 The price of the order is payable by French cheque made out in Euros (Foreign or European cheques are not accepted), bank transfer or by any other alternative means of payment proposed by a third party service provider, such as Paypal (www.paypal.fr), although cash will not be accepted.
5.2 For payment by cheque in Euros, ARTsuggest.com will provide details of the entity it must be made out to and the postal address where it should be sent in the acknowledgment of receipt of the order.
5.3 For payment by bank transfer in Euros, ARTsuggest.com will provide bank details along with the various IBAN/SWIFT codes and the bank account number where payment must be made in the acknowledgment of receipt of the order.
Bank charges resulting from the transfer shall be borne by the Customer, including charges for international transfers.
5.4 For an alternative payment through Paypal, the customer will benefit from payment security guarantees provided by Paypal Europe, an entity authorised and regulated by the Financial Services Authority (FSA) in the UK as an electronic money issuer. If the Customer uses the alternative payment system through Paypal, it shall do so at no additional cost since ARTsuggest.com will pay all commissions for transactions credited to its account.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 Customer has the right of withdrawal during 15 days from the delivery of the order ;
6.2 Customer must inform ARTsuggest.com of its intention to cancel by registered post, with acknowledgment of receipt, within 15 clear days from the delivery date ;
6.3 Within 3 days from the cancellation the delivered work must be returned to ARTsuggest.com at the address provided by ARTsuggest.com ;
6.4 The customer must prove the delivery date to benefit from the right of withdrawal;
6.5 The Customer must organize the return of the work and bear the cost thereof;
6.6 Upon receipt of the goods, and after verifying that they are in good condition, ARTsuggest.com will reimburse the amount paid for the returned goods, excluding any shipment or return costs.
ARTICLE 7 – DELIVERY
7.1 Delivery terms and dates
The Customer may collect the work or have the work collected from the address which will be indicated. Failure of collection, the work(s) will be delivered to the delivery address provided by the customer when placing the order. The delivery charges will be borne by the customer.
7.2 Date of delivery
The date of delivery (i.e. the taking in charge by the freight company of shipment of the works/objects covered by these terms of sale) is provided for informational purposes only and is not guaranteed by ARTsuggest.com. The liability of the Seller or ARTsuggest.com may not be invoked in the event the work(s) has deteriorated at the time of delivery ;
7.3 Date of claims
Claims relating to patent defects or non conformity of the delivered product with the ordered product or with the shipping order must be made in writing by registered letter, with acknowledgement of receipt, within 3 days of delivery.
The work(s) is transported at the Customer’s risk and, in the event of damage or breach, it is the Customer’s responsibility to make all relevant declarations and to confirm its concerns by way of extrajudicial process or by registered letter, with acknowledgement of receipt, to the freight company within three days following receipt of the goods.
ARTICLE 8 – RECEPTION
8.1 Without prejudice to the actions to take with respect to the freight company, claims relating to patent defects or the non-conformity of the delivered product with the order product or with the shipping order must be made in writing within three days of delivery ;
8.2 It is the Customer’s responsibility to provide evidence of defects or anomalies that have been declared. He/She must give ARTsuggest.com the possibility to record the defects in order to remedy them. He/She must not intervene directly or have a third party intervene for this purpose.
ARTICLE 9 – RETURN
All product returns must be covered by a formal agreement between the Seller and the Customer. Any product returned without such an agreement in place will be set aside for the Customer and a credit note will not be drawn up. The Customer shall assume the costs and risks of returning the product. The Customer must organise the return of the work and will bear the cost thereof. Evidence of the delivery date must be furnished (provided?) along with the returned goods and the goods must be in the same condition as the seller delivered them.
In the event ARTsuggest.com accepts a return, it will draw up a credit note for the Customer, after having carried out a qualitative and quantitative verification of the returned products; in the event a return does not conform with the procedure set out above the Customer will lose any amounts already paid.
ARTICLE 10 – DATA PROTECTION ACT – PERSONAL DATA
10.1 The information the Customer is requested to provide when entering its contact details is required for ARTsuggest.com to process its order ;
10.2 Pursuant to Article 27 of the “Data Protection Act” of 6 January 1978, the Customer has the right to access and rectify information relating to them with ARTsuggest.com. This right may be exercised by simple written request or by email, with acknowledgement of receipt, sent to ARTsuggest.com.
ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS
All the elements on the ARTsuggest.com site are and remain its intellectual property and are exclusive to ARTsuggest.com. Nobody is authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, elements of the site, whether they be software, visual or audio elements. Any simple or dynamic link is strictly forbidden without the express written agreement of ARTsuggest.com.
ARTICLE 12 – GUARANTEE OF THE WORK
ARTsuggest.com declares the exactness of the information concerning the description of the work or the object of the present. A guarantee or a complementary (additional) expertise can be asked but it will be at the expenses of the Customer if that is lacking during the sale of the work.
ARTICLE 13 – DATE OF ENTERING IN EFFECT OF THE CONTRACT
This contract comes into force from its publication.
ARTICLE 14 – APPLICABLE LAW
The special and general terms of sale shall be interpreted in accordance with French law. If one of the terms or conditions of this agreement is declared void, it shall not affect the validity of the general terms of sale as a whole. The French courts shall be competent in the event of a dispute.
The customer and the seller give competence to the courts of PARIS to rule on all the disputes related to the conclusion or the termination of the present contract.