General terms and conditions of sale
1. Preamble
2. Prices and works
3. Order and validation of the transaction
4. Method of Payment
5. Delivery
6. Right of withdrawal
7. Intellectual property
8. Data processing and liberties
9. Partial non-validation
10. Non-waiver
11. Language of the contract
12. Force majeure
13. Changes to the general terms and conditions of online sale
14. Entirety of the contract
15. Cookies policy on the Website
16. Applicable law
The present general terms and conditions of sale apply to all sales concluded with individuals, hereinafter referred to as the Purchaser on the Galerie Artima Internet Website.
The website www.galerie-artima.com is a service of:
The WALBARON Company
located 4 rue du Pas de la Mule 75003 Paris
URL address of the Website: www.galerie-artima.com
e-mail : info@galerie-artima.com
Phone number: 01 48 04 39 70
Registered at the RCS of Paris: B 432 490 274 00011
VAT number: FR 95 432 490 274
The Galerie Artima website sells the following products: works of art – paintings – sculptures – photographs – drawings – editions – art books.
Galerie Artima is available to provide prospective purchasers with information at any time and to answer questions, daily from 10:30 am to 1 pm and from 2 pm to 7 pm.
Prices appearing on this Website are indicated in euros all-inclusive of tax – except for delivery expenses. The works ordered are invoiced at the price in force at the time of placing the order.
For works shipped outside the European Union, duties and taxes are likely to be assessed. The Purchaser is responsible for declaring and paying all duties and taxes to the applicable national authorities.
The works remain the entire property of Galerie Artima until full payment.
3. Order and validation of the transaction
By placing an order, the Purchaser declares to be aware of the general terms and conditions of sale and to have accepted them without restriction before placing the order. This acceptance is not dependent upon the Purchaser’s handwritten signature.
It is specified that the Purchaser can save or print the present general terms and conditions of sale.
Use of the Website is also governed by its terms which the Purchaser accepts without reserve.
Validation of the order therefore implies acceptance of the general terms of sale.
The Purchaser has the option to place an order online for any work within the limits of available stock. He will be informed as soon as possible of any unavailability. Galerie Artima reserves the right to discontinue marketing the works and products offered on the Website, this decision having no impact on orders accepted before the implementation of this action.
Any order implies acceptance of prices and description of the works and products available for sale. Products governed by these terms and conditions are those appearing on the Galerie Artima Website and indicated as sold and shipped by Galerie Artima.
These works are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, Galerie Artima cannot be held responsible. Photographs of the products are not contractual.
In certain cases, in particular default of payment, erroneous address, or other problem on the Purchaser’s account, Galerie Artima reserves the right to block the order until the problem is resolved.
The sale will be considered final:
– after sending the confirmation of the order to the Purchaser by e-mail, and
– after Galerie Artima collects full payment.
Right of withdrawal : the terms of exercising right of withdrawal, in accordance with provisions of Sections L121-20 of the French Consumer Code, apply as soon as the purchase is completed and confirmed by the Purchaser receiving a “Detail of the order” email.
For any question regarding an order follow-up, the Purchaser can call the following phone number: 01 48 04 39 70 (cost of a local call), daily from 10:30 am to 1:00 pm and from 2:00 pm to 7:00 pm or send an e-mail to the following address: info@galerie-artima.com.
This is an order with payment obligation, which means that placing the order implies a complete payment by the Purchaser. To pay for his/her order, the Purchaser has the choice of any options available and listed by Galerie Artima on the Website. The Purchaser guarantees Galerie Artima that he/she has the necessary authorizations to use the payment method chosen by him/her when validating the order form. Galerie Artima reserves the right to suspend any order and any delivery if officially accredited organizations deny authorization of payment by credit card or in case of non-payment. Galerie Artima reserves the right to refuse to make a delivery or to honor an order from a Purchaser who has not paid in full or in part for a previous order or with whom a payment dispute is pending.
Payment is made in full on the day of the order, according to the following methods:
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bank card
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Paypal
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bank wire
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First of all, the Purchaser can pick up the work at Galerie Artima.
If delivery is requested, the work will be delivered to the delivery address indicated by the Purchaser when ordering. The delivery costs are at the Purchaser ‘s expense and will be indicated to him/her when sending the order confirmation receipt. For small items and up to 30 kg, the shipment will be made within ten (10) days from the receipt of payment. For large items over 30 kg, shipment shall take place within four (4) weeks after receipt of payment. Delivery times are given as an indication and are not guaranteed by Galerie Artima.
E-mails will be considered as proof between the Parties, as well as the automatic registration systems on the Website.
In the event of shipping delays, the Gallery will inform the Purchaser of the new deadline and will inform him/her that as long as the work has not been shipped, cancellation of the order is still possible. In this event, the refund terms are those applicable to the terms of withdrawal set out in Article 6 of the General Terms of Sale.
If the Purchaser is absent on the delivery day, the delivery person will leave a notice in the mailbox, allowing a pick-up of the package at the place and time indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the Purchaser must then check the condition of the items. If they have been damaged, the Purchaser must refuse the package and indicate a rejection on the delivery slip (package refused because opened or damaged). The Purchaser must write down on the delivery notice any damages related to the delivery (damage, missing product compared to the delivery form, damaged package, broken products…) and sign it. This verification is assumed to have been completed as soon as the Purchaser, or a person authorized by him, has signed the delivery notice. The Purchaser must then confirm by registered mail his rejection to the carrier no later than two (2) working days following receipt of the work(s) or products and forward a copy of this mail to Galerie Artima at the address indicated in the Website’s legal notices.
The Purchaser must inform Galerie Artima on the day of delivery or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity products in quantity or quality to the order form. Any claim made after this deadline will be rejected.
The claim can be made, at the Purchaser’s choice:
– by phone at the following number: 01 48 04 39 70,
– by e-mail to the following address: info@galerie-artima.com.
Any complaint not made in accordance with the rules defined above and within the time limits will not be considered and will release Galerie Artima from any liability towards the Purchaser.
If the works need to be returned to Galerie Artima, a request for return must be made within fourteen (14) days of delivery. Any claims made after this deadline will not be accepted. Returns will only be accepted for works or products in their original condition (packaging, accessories, certificate, instructions…).
In accordance with Section L121-20 of the Consumer Code, the Purchaser has a fourteen (14) day deadline to withdraw, which applies as soon as the purchase is completed and confirmed by the Purchaser receiving a “Detail of the order” email.
The Purchaser will have to inform Galerie Artima of his intention to withdraw by letter with Return Receipt. Then, he will have the choice to ask either for a refund, or an exchange.
The delivered work must be returned in its original condition (packing, accessories, certificate, note…) together with the purchase invoice, at the Purchaser’s expense within three (3) days from the withdrawal to the following address: Galerie Artima, 4 rue du Pas de la Mule, 75003 Paris, France.
Upon receipt of the returned work, and after verifying its good condition, Galerie Artima will proceed to reimburse the sums received for the returned products, except for the shipping and return costs, at the latest within fourteen (14) days.
All texts, comments, works, illustrations, and images reproduced on the Website www.galerie-artima.com are protected by copyrights and intellectual property right throughout the world. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different provisions, even more restrictive than the Intellectual Property Code.
Any total or partial reproduction of Galerie Artima Website is strictly prohibited.
All the photographs proposed by Galerie Artima are protected by copyright. The acquisition of an original print does not confer on the Purchaser any right of exploitation, reproduction, exhibition, or diffusion of the image itself, on any media whatsoever, without the artist’s written consent. Any digital image processing is prohibited.
8. Data processing and liberties
Personal data provided by the Purchaser in the context of distance selling are mandatory and necessary for processing his order and invoicing. Personal data is strictly confidential and will not be used by Galerie Artima. Personal Data can be communicated to Galerie Artima’s partners in charge of the execution, processing, management, and payment of orders.
In accordance with Act No. 78-17 of January 6, 1978 (Data Processing, Data Files and Individual Liberties), the Purchaser has a permanent right of access, modification, correction, removal, and right to object to the processing of his Personal Data. This right can be exercised under the conditions and according to the methods defined on the Website www.galerie-artima.com or by sending an e-mail to the following address: info@galerie-artima.com.
If one or more stipulations of the present general terms are held to be invalid or declared as such according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will remain in effect.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligations in question.
The present general terms of sale are written in the French language. If translated into one or more foreign languages, only the French text will be deemed prevail in the event of a dispute.
Neither Party shall be held responsible for the total or partial non-performance of its obligations, if such non-performance is due to an act of God or to the occurrence of an element constituting force majeure such as, and without this list being limited, flood, fire, storm, pandemic, transport strike, partial or total strike, or lock-out. The Party affected by such events shall inform the other Party as soon as possible and at the latest within five (5) working days of the occurrence of such event. The Parties agree that they shall consult with each other as soon as possible to determine together the terms and conditions for the execution of the order during the period of the force majeure.
13. Changes to the general terms and conditions of online sale
Galerie Artima reserves the right to modify the present general terms of sale. Any new version of it will be indicated on the Website. The online version on the Website will prevail, if necessary, over any other version of the present general terms of sale.
The present general terms of sale and the order summary sent to the Purchaser form a contractual whole and constitute the entirety of the contractual relations between the Parties.
15. Cookies policy on the Website
Galerie Artima is likely to implant a cookie on the Purchaser’s computer during browsing on the Website. This cookie allows Galerie Artima to record information related to the browsing of the Purchaser’s computer on the Website (pages visited, dates and times of the visits…) and aims at bringing an ease of browsing and use of the Website, by personalizing certain pages. The Purchaser can refuse recording of cookies by configuring his browser.
The present general terms are subject to the application of French law. The competent court is the Court of First Instance for disputes of an amount less than or equal to €10,000 or the Court of Grand Instance for disputes of an amount greater than €10,000. This applies to both substantive and procedural rules. In the event of litigation or complaint, the Purchaser will first contact Gallery Artima to reach an amicable solution.