The following text is the result of a machine translation and is presented to you for informational purposes only. As specified in article 13.1, only the French language will prevail in the event of a dispute.
1. Identification and contact details
This website www.francisgazeau.com (the Site) is published by the company SNC SUN4 (Publisher), whose head office is located at 4 Passage Saint Avoye 75003 Paris, and registered in the Paris Trade and Companies Register under the number 333 28 6136. Email contact@francisgazeau.com.
Director of publication: Mr. Francis Gazeau – 4 Passage Saint Avoye 75003 Paris – France. contact@francisgazeau.com.
Web Hosting: Magic on line – 130-134 avenue du président Wilson 93512 MONTREUIL CEDEX – backoffice@magic.fr.
2. Definitions
GTCS : refers to these General Terms and Conditions of Sale.
Works : refers to the set of paintings presented on the Site for sale.
Parties : means, jointly, a User and the Publisher, in the context of carrying out an online sale.
Service : refers to all the services provided by the Site to Users.
User : refers to the natural or legal person, individual or professional who makes an online purchase.
Visitors : refers to natural or legal persons, individuals or professionals who, for any reason whatsoever, consult one or more pages of the Site without benefiting from the services offered.
3. Purpose
The purpose of these GTCS is to define the terms and conditions for the provision of a Service for the online sale of Works.
4. Validity
Any use of the Service implies the User’s full, complete and unreserved acceptance of the GTCS.
The Publisher reserves the right to adapt or modify the GTCS at any time. For each order, the applicable GTCS are those in force on the date of validation of the order by the User.
Any contrary or different provision invoked by the User, in the absence of express written acceptance by the Publisher will be unenforceable against the latter, regardless of when it may have been brought to his attention. The fact that the Publisher does not avail itself at a given time of any of the provisions of the GTCS cannot be interpreted as a waiver of its use subsequently. In the event that a clause hereof is or becomes null or voidable, this will not call into question the validity of the other clauses, and the disputed clause will be deemed unwritten.
5. Service
The Service consists of a set of tools for concluding online sales with downloading the invoice and collecting the price.
6. Access to the Service
Access to the Service is reserved for people with full legal capacity.
It is subject to acceptance of these GTCS. The User is required to tick the specific box provided for this purpose, in order to accept the application of these GTCS and the use of the Service to which he wishes to access. Otherwise, access to the Service will be refused.
Access to the Service involves the use of remote communication techniques at no additional cost.
7. Presentation of the Works
The Works presented on the Site are original and unique. They do not infringe any copyright, trademark, or any other intellectual property right, title or interest, belonging to any third party. Each has a certificate of authenticity.
The User agrees not to do or allow anything to be done that could, in any way, infringe the intellectual property rights of the Publisher.
8. Price of Works
The prices are indicated in Euro “all taxes included” and are payable in Euros only. The price of the Works may be changed at any time.
9. How to make an online purchase
Placing an Order : The User selects the Works offered on the Site by clicking on the button provided for this purpose. The entire selection is displayed in the “Shopping cart” tab.
At any time, before confirming the order, the User can cancel or modify the selected Works, view the details, characteristics, quantities, delivery method chosen, amount to pay, etc.
A summary of the order is presented to the User before proceeding to payment.
The order will only be final after online payment.
Online payment : The validation of the payment implies validation of the order by the User.
The User must provide the information necessary for payment by credit card or by bank transfer.
Confirmation of the order: An order confirmation email is sent by the Site to the User after checking the availability of the Work and validation of the payment by the secure payment platform.
The order confirmation will be archived by the Site and considered as proof of the nature of the agreement and its date.
Delivery – Transport costs :
Terms : Deliveries are hand-delivered against signature by UPS. The Publisher fixes with the User, by email or telephone, the date and time of delivery.
If, despite this precaution, the User is absent during the scheduled delivery, the transport provider will present the package a second time. If the User is still absent during this second presentation, the package will be returned to the Publisher, the order will be considered as having been canceled. You will be reimbursed in accordance with the provisions of the article “Cancellation – Right of Withdrawal”. However, the cost of returning the package will remain your responsibility and will be charged to the amount of your refund.
Costs : Delivery costs are indicated when ordering.
Deadlines : The deadline for shipping or delivering the Works is 7 days after the order has been confirmed. This period is understood to exclude weekends and public holidays. However, if the work has not been delivered on the indicative delivery date or, in the absence of indication, more than 30 days after the order has been confirmed, the User may cancel his order by sending a registered letter with acknowledgment of receipt to the Publisher appearing in section 1 hereof. The User will be reimbursed in accordance with the provisions of Article 3.9 – Cancellation – Right of withdrawal.
Location : Deliveries are made in the countries of the European Union, Switzerland and Monaco, to the address indicated for this purpose by the User.
In the event that the User wishes to be delivered elsewhere than in the countries referred to above, he can contact the Publisher for this purpose, at the customer number appearing on the “contact” page, who undertakes to do his best. offices to achieve delivery in the country indicated, subject to any technical or administrative impossibility. The delivery costs will be communicated to him as soon as the place and the delivery methods have been decided and prior to the validation of the order.
Deliveries made outside the European Union give rise, at the expense of the User, to customs fees which will be invoiced, in addition to the order, directly by the customs services.
Packaging: The Publisher packages the Works according to a very precise procedure in order to guarantee optimal protection during transport.
Obligations of the User.
The User agrees:
– to transmit, when ordering, all the information necessary for delivery in order to guarantee the successful completion (and in particular a telephone number to which the carrier can reach him during the day). The User undertakes, for himself or for the recipient of the order, to take delivery of the Works to the address he indicated when ordering. Upon delivery, the User or recipient of the Works must be able, if requested, to prove their identity,
– to check the perfect condition of the Work(s) upon delivery.
It is recalled that, once the User has taken possession of the package, by signing the delivery note, the risk of loss or damage is transferred to him. Therefore, it is important to:
– Do not sign the delivery slip before checking the contents of the package and the condition of the Work,
– Do not give in to pressure from the delivery men, take the time to examine the Work.
Any degradation or deterioration of the packaging and/or the Work must be the subject of a reservation in the delivery note.
If the Work does not comply with the order or shows deterioration, the User must refuse the delivery, not sign the delivery slip and inform the Publisher by email. The Work will then be returned by the carrier to the Publisher, in its original packaging carefully closed by the User, at no cost to the User. Any new delivery to replace the refused delivery will be paid by the Publisher.
10. Cancellation – Right of withdrawal
In accordance with legal provisions, the User has the option of exercising his right of withdrawal, from the validation of the Order and until the end of a period of fourteen days following receipt of the Works. If the withdrawal period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The User returns or returns the Work(s) to the Publisher at the postal address which will be communicated to him by email or by telephone following the implementation of his right of withdrawal, at the latest within fourteen days following the communication of its decision to withdraw.
The direct cost of returning the Works is the responsibility of the User. The User agrees to return the work in its original packaging, properly closed or in packaging of equivalent quality to ensure that the work will not be damaged during transport. The Work must be accompanied by the purchase invoice and the certificate of authenticity. The User must also ensure the return transport of the work according to a level of guarantees equivalent to that practiced by the Publisher for delivery.
The responsibility of the User will be engaged in the event of depreciation of the Works resulting from manipulations other than those necessary to establish the nature, characteristics and conformity with the Order.
The Publisher reimburses the User for all payments made, including delivery costs, no later than the date on which the Works reach the Publisher. The Publisher is not required to reimburse the additional costs if the User has expressly chosen a more expensive delivery method than the standard delivery method offered by the Publisher. The refund will be made using the same means of payment as that used by the User to pay for his order.
In accordance with the provisions of Article L.221-28 of the Commercial Code, the right of withdrawal cannot be exercised in cases where the sold Work has been produced according to the User’s specifications or clearly personalized.
11. Liability
From the Publisher – The Publisher undertakes to provide the Services with diligence and according to the rules of the art, it being specified that he has an obligation of means, to the exclusion of any obligation of result, this that Users expressly recognize and accept.
The Publisher undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site. As such, it reserves the right to temporarily interrupt access to the Site for maintenance reasons.
The Publisher cannot be held responsible for any temporary difficulties or impossibilities in accessing the Site which are caused by circumstances outside it, force majeure, or even which are due to disruptions to the telecommunications networks.
The Publisher reserves the right to insert on any page of the Site and any communication to Users any advertising or promotional messages in a form and under conditions of which the Publisher will be the sole judge.
The Publisher can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User accesses through the Site.
The Publisher assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications which are reminded that they are governed by their own terms of use.
The Publisher is also not responsible for transactions between the User and any advertiser (including any partners) to whom the User is directed through the Site and can in no case be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
The Publisher is responsible to Users for all guarantees owed by sellers to buyers, under the conditions of common law.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
– has a period of two years from the delivery of the goods to act;
– can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies regardless of any commercial guarantee that may be granted.
Any consumer can also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
From the User – The User agrees to make strictly personal use of the Site and the Services. He therefore refrains from assigning, granting or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.
The User must take the necessary measures to safeguard by his own means the information of his User Account that he deems necessary, of which no copy will be provided to him.
It is strictly forbidden to use the Services for the following purposes
– the exercise of illegal, fraudulent or infringing activities on the rights or safety of third parties,
– breach of public order or violation of the laws and regulations in force,
– intrusion into a third party’s computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, violating its integrity or security,
– the sending of unsolicited emails and/or prospecting or commercial solicitation,
– manipulations intended to improve the referencing of a third-party site,
– use of the Site to distribute information or redirecting links to a third party site,
– aid or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
– and more generally any practice diverting the Services for purposes other than those for which they were designed.
Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the Site for their own purposes or those of third parties.
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Publisher’s systems, (iii) any misappropriation of resources system of the Site, (iv) all actions likely to impose a disproportionate load on the infrastructure of the latter, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or moral interests of the Publisher, and/or other Users, and finally more generally (vii) any breach of these general conditions.
It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Site, as well as to the information hosted and/or shared there.
In the event of a breach of any of the provisions of these GTCS or more generally, of a breach of the laws and regulations in force by a User, the Publisher reserves the right to take any appropriate measure and in particular to:
(i) publish on the Site any information message that the Publisher deems useful,
(ii) notify any relevant authority,
(iii) initiate any legal action.
12. Intellectual property of the publisher
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by the Publisher within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the permission of the Publisher, are strictly prohibited and may be the subject of legal proceedings.
13. Settlement of disputes
1. Language : The Publisher reserves the right to translate the Site and its content into any language of its choice. However, only the French language will prevail in the event of a dispute.
2. Applicable law : These GTCS and the Services provided are subject to French law.
3. Nullity : If one or more stipulations of the GTCS are held to be invalid or declared invalid in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and reach.
4. Non-waiver : The fact that the Publisher does not invoke a breach by the User of any of the obligations arising from these GTCS can not be interpreted for the future as a waiver of the obligation involved.
5. Mediation : The User not acting for professional needs, has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution hereof which would oppose him to the Publisher, under the conditions provided for in Articles L611-1 and following and R152-1 and following of the Consumer Code.
He can contact the following consumer mediator for this purpose:
Mediation and amicable settlement center for judicial officers (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris – France – E-mail address: contact@medicys.fr – Telephone: (+33) (0)1 49 70 15 93 http://www.medicys.fr/index.php/consommateurs/
6. Competent court : In the event that an amicable solution, including by mediation, could not be found, any dispute on the validity, interpretation and/or execution of these, the competent court will be designated in application of common law.