Art4You – General Terms and Conditions of Sale
Art4You Gallery is a limited liability company (SAS) located at: 142 rue de Rivoli, Paris 75001.
Its website is: www.art4you.gallery
1. Purpose
These general terms and conditions of sale apply automatically to any sale made by the company Art4You SAS, in particular through its website www.art4you.gallery.
These general terms and conditions of sale supersede all other agreements, pre-agreements, and written or oral exchanges that may have been entered into or had between the parties. Only the terms printed on the front of the invoice issued by Art4You SAS may deviate from these terms.
2. Condition of assets
The goods are sold in their current condition at the time of sale, with any imperfections and defects. The buyer is therefore responsible for examining each item before the sale using the descriptive photographs of the artwork presented on the online sales site.
3. Use of the Website
To use the website or become a member, you agree to all of its terms and conditions as well as the privacy policy. Art4you reserves the right to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Art4you disclaims all liability to you or any third party for any modification, suspension, or discontinuation of the website.
By registering on this website, you declare that you are not prohibited by any law and are of legal age. You agree to provide truthful information about your identity when registering. You agree not to allow the collection of your personal information for commercial or marketing purposes.
3.1 commands
The goods are offered for sale through the website subject to acceptance of the order by Art4you Gallery and the artist. Art4you and the seller reserve the right to reject any order without having to provide a reason. No order will be considered accepted without order confirmation from the seller.
Art4you is committed to presenting the works as faithfully as possible on its website, but cannot guarantee that the colours of these will correspond exactly to those displayed on the buyer's image receiving device.
3.2 Deliveries
The delivery address for the goods will be the one indicated on the order form. No delivery can be made without the specific information requested. Delivery dates are indicative and subject to the vagaries of transport.
Delivery will only take place after the payment has been received and confirmed in the Art4you SAS account.
The costs associated with the possible delivery of goods (collection, administrative and/or customs procedures, transport, delivery) are covered by Art4You SAS.
The artist and Art4you Gallery will not be liable for any losses or expenses incurred by the buyer arising from any delay in the delivery of the goods, regardless of the cause. However, Art4you Gallery will make every effort to compensate the buyer to the extent of its liability. The goods will be insured during transport up to their values as stated on the website.
The buyer will need to sign the proof of delivery document or the carrier's acceptance document.
He will inspect the goods upon receipt and will notify Art4youGallery as soon as possible in case of any problems.
If any damage is noted upon delivery, a description of the damage must be sent to Art4you Gallery on the same day. This description must be accompanied by one or more photographs.
The buyer has fourteen days from receipt for a legal return. Purchased goods cannot be returned to the seller after 14 days.
If the buyer does not take possession of the goods upon delivery or according to the delivery person's stipulations, Art4you is not obliged to refund the purchase price.
When goods are shipped to a country different from the country of origin of the shipment, and in the event of a refund, it will be partial after deduction of delivery and handling costs.
Art4You Gallery is not responsible for any damage to goods after the order has been received. No returns are possible in this case.
4. Intellectual Property Rights and Copyright
Only the physical ownership of the tangible movable property that constitutes the artwork is transferred. This sale does not, under any circumstances, entail the transfer of any intellectual property rights or copyrights. Art4you SAS therefore provides no guarantee regarding any intellectual property rights or copyrights that may be associated with the item being sold.
5. Price
Unless otherwise stated, the price is inclusive of all taxes and does not include packaging and delivery costs.
Payment methods
Payment is made online using the following methods:
- by bank transfer to the account details provided on the website,
- by credit card
- By any other means of payment that may be installed on the sales site.
6. Retention of title
Pursuant to Article 2367 of the Civil Code, Art4YouSAS, or, where applicable, its agent, shall remain owner of the goods until full payment by the buyer of the sale price and any additional costs, provided that these are included on the same invoice as said price.
Therefore, if the buyer is subject to receivership or liquidation proceedings, Art4You SAS reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
The seller retains ownership of the goods sold until full payment of the price, including principal and any additional charges.
Failure to pay any installment may result in the repossession of the goods. The buyer therefore undertakes to insure the goods sold for the benefit of whomever it may concern against all risks of loss, deterioration, and damage that they may incur or cause from the moment of their receipt.
The retention of title clause suspends the transfer of ownership under the sales contract until full payment of the price or a specific agreement between the parties. Such a suspension does not affect the firm and final nature of the sale, which takes place upon the agreement of the parties. (Article 1196, paragraph 1).
7. Export of cultural goods
Exporting outside of France or importing into another country may be subject to obtaining one or more authorizations from the authorities.
An exit permit from the European Union is required for the export outside the European Union of cultural goods subject to the European Union regulation on the export of cultural heritage (EEC No. 3911/92).
An export certificate for a cultural good is required to move certain cultural goods out of France whose value is greater than or equal to the applicable limit set by the Directorate of Museums of France.
Unless they have been obtained by APPLICAT-PRAZAN before the sale or are not required, Art4you SAS may assist the buyer in obtaining these authorizations, but cannot be held responsible for any refusal or delay in delivery.
8. Combating money laundering and the financing of terrorism
Art4you SAS, as an art dealer, is subject to Order No. 2016-1635 of December 1, 2016, which transposes the 4th Directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.
In this context, Art4you Gallery may request personal information from the buyer, including identification information, in order to comply with its obligations in this matter.
9. Personal Data Privacy Policies
Art4you SAS collects and uses personal data, that is, any information relating to an identified or identifiable natural person.
You have the right to access, rectify, port, and erase your data, or to restrict its processing. You may also, for legitimate reasons, object to the processing of your personal data.
Our personal data privacy policy is available on the website https://www.art4you.gallery
10. Amicable settlement of disputes
In accordance with the provisions defined in Article L.612-1 et seq. of the Consumer Code, a consumer mediation service is available to any consumer buyer through the Paris Mediation and Arbitration Centre (CMAP), which they can contact as follows, specifying the subject and attaching the relevant documents:
- By mail to: Centre de médiation et d'arbitrage de Paris (CMAP), service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, France;
- By email to [email protected]
- via the online form available at: cmap.fr
11. Applicable Laws and Jurisdiction
These general terms and conditions of sale are governed by French law. Any dispute arising from the formation, interpretation or performance of these general terms and conditions of sale, the sale and any additional services provided in connection with the sale shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris, notwithstanding multiple defendants or third-party claims.