Preamble
Article 1 - Scope of application
Article 2 - Validation
Article 4 - Ordering procedure
4.1 - Customer identification
4.2 - Placing an order
4.3 - Order tracking
Article 5 - Prices
Article 6 - Terms of payment
Article 7 - Product availability
Article 8 - Terms of delivery
8.1 - Prior to placing an order
8.2 - Delivery terms
8. 3 - Delivery times
8.4- Failure to accept
Article 9 - Right of withdrawal
9.1- Right of withdrawal conditions
9.2 - Product return procedure
9.3 - Exchange, refund of products
Article 10 - Warranties
10.1 - In the event of lack of conformity
10.2 - In the event of a latent defect
10.3 - Complaints
Article 11 - Disputes and liability
Article 12 - Data Protection Act
Article 13 - Intellectual property
Article 14 - Severability of clauses
Article 15 - Mediation
Article 16 - Language and applicable law
Preamble
Galerie Durst is the corporate name of Françoise Durst SAS.
Françoise Durst is a société par actions simplifiées (simplified joint-stock company) with a share capital of 38,417 euros, headquartered at 15 rue de la Tour, 75116 Paris, registered with the Paris Trade and Companies Registry under number 306 169 665 RCS, hereinafter referred to as "Galerie Durst".
The purpose of these terms and conditions is to define the terms and conditions of online sales offered on the Site and to define the rights and obligations of the parties in this context.
The site www.galeriedurst.com is an online sales site for works of art (hereinafter referred to as "the Site") created by Galerie Durst for art collectors (hereinafter referred to as "Customer") wishing to purchase works of art (hereinafter referred to as "the Works").
Article 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") apply without restriction or reservation to all sales concluded on the https://www.galeriedurst.com/ site and to all customers of the site located in metropolitan France and throughout the world.
These Terms and Conditions are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document.
The present General Terms and Conditions are subject to change. The Site reserves the right to modify its General Terms and Conditions at any time without prior notice to the Customer. The modified General Terms and Conditions of Sale are enforceable against the Customer from and for the duration of their publication on line, for products ordered after their publication on line. It is therefore important to reread them before each visit to the Site.
Each purchase on the Site is subject to all the clauses of the General Terms and Conditions applicable on the date the order is placed. The fact of indicating that the Customer is validating the order automatically implies acceptance of our General Terms and Conditions of Sale and any Conditions of Use.
The conditions applicable and enforceable against the Customer are those in force at the time of effective validation by the Customer of his order recorded on the Site.
Article 3 - Works
Galerie Durst undertakes to publish photographs relating to the products offered on the Site.
Galerie Durst cannot be held responsible for any visual discrepancies, particularly concerning the alteration of colors due to the technology available.
3.1- General terms and conditions
The purpose of the present terms and conditions is to define the rules governing online sales of works of art and the rights and obligations arising therefrom.
The General Terms and Conditions of Sale therefore govern :
▪ the organization of the legal relationship between La Galerie Durst and the Customer.
▪ the terms of sale between La Galerie Durst and the Customer (ordering, delivery etc...).
3.2 Particularity of the Works
The Works offered for sale on the Site are each the subject of a description mentioning their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code.
Article 4 - Ordering procedure
4.1 - Customer identification
To place an order, the Customer must log on to the Site. The Site is accessible 24 hours a day, 7 days a week, subject to incidents affecting the level of service, or maintenance and servicing.
This registration may lead (if the Customer so chooses) to the opening of an account in the Customer's name, giving him/her access to a personal area which enables him/her to place orders and manage his/her use of the services on the Site (hereinafter referred to as "My Account").
The Customer expressly undertakes not to use false information or information from third parties.
The Customer is entirely responsible for the information he enters.
The Customer may access his Account at any time by entering his login and password. The Customer is solely responsible for maintaining the confidentiality of his login and password. Any access to the Site using the latter is deemed to have been made by the Customer. If this is not the case, the Customer must immediately contact Galerie Durst by e-mail or telephone. Galerie Durst will then be entitled to take all appropriate measures to remedy the problem.
4.2 - Placing an order
Customers wishing to place an order select one or more Works by the same or different artists on the Site. Once the selection has been made, the Customer must click on the "add to basket" button. The basket is thus created by the Customer.
The ordering process takes place in 4 stages, following validation of the basket by the Customer:
1 Order summary with customer details :
2 Collection from the gallery or home delivery by Colissimo or carrier[JA1]:
It is possible for the Customer to recover the Work directly
to the Galerie, 15 rue de la Tour, 75116 Paris, France, within
six (6) months from the date of purchase. Once this period
the Work can no longer be delivered to the Customer.
3 Payment :
Once steps 1 and 2 have been validated, the Customer must select and validate payment, as well as the aforementioned terms and conditions.
Payment for purchases can be made by credit card (Mastercard or Visa) at the customer's discretion.
Once the order has been placed, the Customer may
check the details of the latter, and its total price. He has
you can also check all the information
for delivery to be effective.
4 Confirmation :
The order is firm for the Customer upon validation of
his order, subject to the implementation of article
9 "Right of withdrawal".
The validation of the order by the Customer and the payment of
the latter lead to the receipt of an e-mail from
confirmation sent by La Galerie Durst to the address
electronic address indicated by the Customer.
The data communicated by the Customer and recorded by La Galerie Durst when the order is placed constitute proof of the transactions between the Customer and La Galerie Durst.
Information relating to the order is subject to computerized data processing, for which Helena Martin (President of Françoise Durst SAS) is responsible, in accordance with the provisions of article 12 of these general terms and conditions of sale.
4.3 - Order tracking
As soon as the order is sent, the Customer will receive a message by e-mail.
The Customer can track his order by contacting the telephone number (not surcharged, depending on the operator) displayed on the order confirmation sent to the Customer and on the Site in "Contact us", as well as the e-mail address.
The customer will receive an e-mail indicating that the order has been processed,
If the Customer has chosen the home delivery option, he will receive another e-mail to inform him that the order is being delivered.
And finally, an e-mail confirming that the work(s) has/have been delivered.
If the customer has chosen the Colissimo home delivery option, Galerie Durst will send the tracking number and the link to the Colissimo website, which will enable the customer to track the parcel.
Invoices are archived on a reliable and durable medium, as required by the French Civil Code. These communications and invoices may be produced as proof of the contract. Galerie Durst will keep all invoices for amounts exceeding (€120) one hundred and twenty euros for a period of 10 years from the date of delivery, and will guarantee access to them at any time during this period, in accordance with article L134-2 of the French Consumer Code. Invoices will be kept in electronic format and will be accessible at bonjour@galeriedurst.com.
Article 5 - Prices
The sales prices indicated on the Site are in euros, and include all taxes, including the VAT applicable on the day of the order. Prices are indicated for all products available on the Site, in accordance with article L111-1 of the French Consumer Code. However, any change in the VAT rate may be reflected in the price of the products.
Product prices do not include delivery charges, which will be invoiced in addition to the product sale price (delivery charges are displayed on the Site and specified to the Customer when the order is placed), subject to exceptions displayed on the Site.
If customs duties, local taxes or import duties are payable, these are the responsibility of the Customer, who is entirely responsible for declaring and paying them to the relevant authorities and/or organizations. It is the Customer's responsibility to obtain information from the relevant authorities.
Products are invoiced at the rate in force on the Site at the time the order is placed by the Customer.
Galerie Durst reserves the right to modify its prices at any time, without prior notice, it being understood that the price displayed at the time of the order by the Customer will not be subject to any modification.
Article 6 - Terms of payment
The price is payable in full once the order has been confirmed by the Customer.
The communication by the Customer of his credit card number constitutes authorization to debit his account for the amount previously agreed between the parties.
Any order involving payment by credit card is only considered effective once the relevant payment centers have given their approval.
Any transmission of information by the Customer takes place in a secure environment using Internet protocols.
Online payments are made via the secure Stripe system.
Payment incident
Galerie Durst will not be obliged to deliver the products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
In the event of incomplete, irregular or non-existent payment for any reason whatsoever, or in the event of any payment incident, La Galerie Durst reserves the right to suspend or cancel the delivery of current orders.
In the event of late payment of sums due by the Customer, late payment penalties equal to the legal interest rate will be applied to the Customer by operation of law, after prior formal notice has remained without effect, without prejudice to any damages that may be claimed.
In the event of non-payment after formal notice has remained without effect, Galerie Durst retains full ownership of the products ordered until full payment has been made, and may bring an action for recovery before the competent court.
Article 7 - Product availability
The products presented on the Galerie Durst site are unique, which is why, prior to any act of purchase, the Customer is kept informed of the availability of the products.
Insofar as processing times are necessary between the registration of an order and its payment by the Customer, products may become unavailable during this period.
In the event that, subsequent to the confirmation of the order by La Galerie Durst, Works become unavailable, La Galerie Durst will inform the Customer by e-mail of this unavailability. Your order will be automatically cancelled and a refund of the total amount paid will be made within three days of the cancellation.
Article 8 - Terms of delivery
Delivery is understood to be the act of transferring ownership of the products sold by La Galerie Durst to the Customer, once said products have been paid for in full.
8.1 - Prior to placing an order
Prior to any order and any purchase, the Customer must ensure that each product ordered can be delivered without difficulty (i.e. indicate the correct address, and the various means in case of absence). The Customer must therefore take all necessary measures to ensure that the delivery runs smoothly.
If the recipient is absent, the company cannot be held responsible for the final quality of the delivery.
Products are delivered to the address indicated by the Customer at the time of ordering. Galerie Durst cannot be held responsible for the impossibility of delivery due to a typing error or insufficient information concerning the customer's delivery details (surname, first name, address, e-mail, telephone, building, digicode, floor, etc.). It is the Customer's responsibility to ensure that deliveries are properly received, including in restricted areas.
8.2 - Delivery terms
It is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person. If the customer disputes the conformity of the product with his order, he must refuse delivery of the product, and must report this as soon as possible by e-mail to Galerie Durst (at the following address: bonjour@galeriedurst.com).
8.2.2. In France
Products are sent to the delivery address provided by the Customer during the Order process.
It is specified that delivery is made in France, excluding Corsica, Monaco and DOM COM;
Delivery is made by Colissimo, a service provider independent of Galerie Durst, or by a carrier.
Products are delivered to the delivery address indicated by the Customer during the order process. The delivery time corresponds to :
- the shipping time indicated on the Galerie Durst website at the time of ordering,
- and processing and delivery times.
Galerie Durst is unable to give a precise delivery time, but undertakes to respect the times proposed.
8.3- Failure to deliver
In the event of failure to deliver within the period indicated in the order confirmation e-mail, the Customer may cancel the order by registered letter with acknowledgement of receipt or by a written document on another durable medium addressed to Galerie Durst. The contract shall be deemed to have been terminated upon receipt by Galerie Durst of the letter or written document informing of such termination. Galerie Durst cannot be held responsible for any delay in delivery due exclusively to the Customer's unavailability after several proposed appointments.
In the event of termination of the contract in accordance with the above terms, the Customer will be reimbursed for all sums paid, including delivery costs, within fourteen (14) days of the date on which the contract was terminated.
The Durst Gallery reserves the right in any event to approach the Customer in order to propose alternative solutions for reimbursement of the price of the Works and delivery costs. The Customer must expressly agree to the choice of an alternative method of reimbursement on a durable medium.
Article 9 - Right of withdrawal
9.1- Right of withdrawal conditions
In accordance with the provisions of article L 221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of the products to return them to Galerie Durst for exchange or refund.
Return shipping costs will be borne exclusively by the Customer.
The right of withdrawal does not apply to works made to the customer's specifications or clearly personalized.
9.2 - Procedure for returning Works
The Customer must exercise his right of withdrawal:
▪ either by e-mail (bonjour@galeriedurst.com), enclosing a copy of the invoice corresponding to the purchase as well as any document attesting to the date of receipt of the products (e.g. delivery note...)
▪ or by phone at 0145247300
The Work(s) must be returned directly to Galerie Durst at 15 rue de la Tour, 75116 Paris, in its original packaging, without undue delay and at the latest within fourteen (14) calendar days of the Customer's communication of his/her wish to withdraw. It must be accompanied by a copy of the corresponding purchase invoice.
The customer may not exercise his right of withdrawal if the returned products are unsuitable for resale, for example because of obvious deterioration.
In the event of products being returned by a customer who has exercised his right of withdrawal in accordance with the present article, the customer assumes the risks of transport.
9.3 - Exchange, refund of Works
Customers who have exercised their right of withdrawal have the option of requesting an exchange of the products or a refund.
Product exchange
If the Customer wishes to exchange the products, returns will only be accepted by Galerie Durst if the return procedure described in article 9.2 above is duly complied with.
Once the return has been accepted by Galerie Durst, the Customer's request will be processed by Galerie Durst. The new products will be delivered to the Customer within a reasonable period of time.
If the products ordered by the Customer are not available, Galerie Durst will inform the Customer and refund the order under the conditions described below.
Product refunds
Where the right of withdrawal is exercised, La Galerie Durst undertakes to reimburse the Customer within fourteen (14) days of the date on which this right was exercised, after having carried out all checks on the products.
The refund will be made according to the payment method chosen by the Customer, minus the cost of returning the products if the Customer has chosen to return the products.
Any product damaged by the customer will not be refunded or will be partially refunded.
Article 10 - Warranties
The Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions in force of articles L.217-7 to L.217-14 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code, concerning the Works sold on the https://www.galeriedurst.com website.
10.1 - In the event of lack of conformity
Galerie Durst is obliged to deliver products in conformity with the contract and is liable for defects in conformity existing at the time of delivery of the products in accordance with Article 217-7 of the French Consumer Code. It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility.
The property conforms to the contract:
1) Whether it is fit for the use ordinarily expected of similar goods and, if so :
If it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
If it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2) Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter (in accordance with article L217-5 of the French Consumer Code).
Any action resulting from a lack of conformity must be brought within 2 years of delivery of the products.
10.2 - In the event of a latent defect
Galerie Durst is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them, in accordance with the provisions of article 1641 of the French Civil Code.
An action for latent defects must be brought by the purchaser within two years of discovery of the defect.
In accordance with articles 1641 et seq. of the French Civil Code, the customer has the option of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
Galerie Durst may also offer the Customer a replacement product where possible.
10.3 - Complaints
To invoke the legal warranty, the Customer must notify Galerie Durst of the defect as soon as it appears by filling in the form available on the Site and sending it together with photographs to the Web customer service department at the following e-mail address:
bonjour@galeriedurst.com
The Customer must comply with the product return conditions described in article 10.2 above.
In the event that the customer chooses to replace the products within the framework of these legal warranties, the cost of shipping the exchanged products will be borne by Galerie Durst upon presentation of the corresponding receipts.
Article 11 - Disputes and liability
The customer is obliged to check the completeness and truthfulness of the information provided to Galerie Durst at the time of ordering, in particular the delivery address.
The Customer is responsible for the information provided at the time of registration and order. Galerie Durst cannot be held responsible for any input errors that may cause delivery errors. If the delivery address proves to be incorrect or if the Customer decides to change the delivery address after the products have been dispatched by Galerie Durst, the costs of the new delivery will be borne by the Customer.
The choice and purchase of products by the Customer are under his sole and exclusive responsibility. Consequently, the total or partial impossibility of using the products, in particular due to product incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of Galerie Durst, except in the case of a proven hidden defect, non-conformity, defect or the exercise of the right of withdrawal provided for in the provisions of the Consumer Code compatible with the product in question.
Galerie Durst cannot be held responsible for damage resulting from misuse of the products by the customer or in the event of force majeure.
In addition, no incompatibility between the Customer's state of health and the products sold by Galerie Durst may be alleged to give rise to compensation or liability on the part of Galerie Durst, unless otherwise provided.
All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties, in particular in the event of a nationwide strike by carriers, or natural disasters such as floods, fires or pandemics, shall be considered as fortuitous events or force majeure exonerating them from liability.
The products sold on the Site are intended for private use. Under no circumstances may they be used professionally by associations or local authorities, as they do not meet the standards for professional use.
Article 12 - Data Protection Act
In application of the law 78-17 of January 6, 1978 modified by the law of August 6, 2004, Galerie Durst collects the Customer's personal data for the purpose of processing the Customer's order, the establishment of invoices by Galerie Durst and, in this case, the identification of the Customer.
Personal data" refers to information concerning the Customer as a natural person, voluntarily communicated by the Customer. Personal data thus includes nominative data (such as surnames, first names, contact details, delivery addresses, etc.).
Galerie Durst protects the Customer's privacy in accordance with current legislation.
In accordance with the French law "Informatique et libertés" n° 78-17 of January 6, 1978 modified by the law n°2004-801 of August 6, 2004, the Customer has a right of access and rectification to the information concerning him, as well as a right of opposition to the processing of his data. To exercise these rights, the customer may contact Galerie Durst either by e-mail or by post. In accordance with current regulations, the Customer's request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature, and must specify the address to which Galerie Durst should send its reply.
Furthermore, the information communicated on the Site also enables Galerie Durst a to send the Customer, with his express agreement, newsletters informing him of events organized by Galerie Durst and to follow the news of the latter.
However, the customer retains the possibility of refusing such newsletters, either by not giving his consent when registering and/or validating his order, or by objecting free of charge to the use of his contact details for sending commercial offers. The customer may make this request either by clicking on the unsubscribe link in each e-mail message, or in writing to the address given above.
Article 13 - Intellectual property
The content of the Site (texts, logos, graphic and/or sound images....) is the property of Galerie Durst and its partners and is protected by French and international intellectual property laws. The content may not be copied, reproduced or stored in any way without the prior written permission of Galerie Durst.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Galerie Durst is the owner of intellectual property rights such as copyright, design rights and other similar rights.
Furthermore, the Customer may only access and display the contents of the database and any other element of the Site for non-commercial and private use.
Article 14 - Severability of clauses
The fact that any clause of these general terms and conditions of sale may become null and void, unenforceable, invalid, illegal or inapplicable as a result of a law, regulation or final decision of a competent court, shall not call into question the validity, legality or applicability of the other stipulations of these general terms and conditions of sale, which shall remain in force.
The Customer shall remain bound by its contractual obligations and may not, in this respect, invoke any exemption from liability.
Article 15 - Mediation
The present General Terms and Conditions of Sale in the French language will be executed and interpreted in accordance with French law as indicated in article 16 of the present General Terms and Conditions of Sale.
In the event of a dispute, the Customer should first contact Galerie Durst for an amicable solution, by e-mail at: bonjour@galeriedurst.com
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlements between consumers and professionals in the European Union: https://webgate.ec.europa.eu/odr/
Any mediation procedure related to a work of art from Galerie Durst will be free of charge for the consumer.
Article 16 - Language and applicable law
These general terms and conditions of sale are written in French. Should they be translated into one or more languages, only the French text will prevail in the event of a dispute.
These terms and conditions are governed by French law.
Prior to any dispute, the parties will seek to reach an amicable agreement.
In the absence of amicable agreement, any dispute relating to the formation, performance, interpretation and termination to which the general terms and conditions of sale may give rise, even in the event of an action in warranty or multiple defendants, shall fall within the exclusive jurisdiction of the French Courts. The place of jurisdiction shall be that of the defendant's domicile (article 42 of the French Code of Civil Procedure) or that of the actual delivery of the goods or performance of the service (article 46 of the French Code of Civil Procedure).