G.T.C.U
General terms and conditions of use
These conditions of sale are concluded on the one hand by the company SASKIA GALLERY with a capital of 3000 € whose headquarters is located at 16 place Dauphine – 75001 Paris, registered in the Trade and Companies Register of PARIS under number 881 138 309 on 31/01/2020 hereinafter referred to as “the seller” and managing the site SASKIA GALLERY and, secondly, by any individual wishing to make a purchase via the website SASKIA GALLERY hereinafter referred to as “the buyer”.
Article 1. Purpose
These conditions of sale are intended to define the contractual relationship between SASKIA GALLERY and the buyer and the conditions applicable to any purchase made through the website SASKIA GALLERY. The acquisition of a product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site SASKIA GALLERY is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to engage under these general conditions of sale.
The SASKIA GALLERY company keeps the possibility to modify at any time these sales conditions, in order to respect any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Order
The proposed works are those that appear on the website SASKIA GALLERY of the company SASKIA GALLERY within the limits of available stocks. The SASKIA GALLERY company reserves the right to modify at any time the assortment of the gallery. Each work is presented on the website in the form of a description of its main characteristics including information about its support, its dimensions, its weight and its nature. The photographs are as accurate as possible but are not binding on the Seller. The sale of products presented in the site SASKIA GALLERY is intended for all buyers residing in countries that fully authorize the entry into their territory of these products.
Article 3. Prices
The prices listed on the product sheets of the Internet catalog and are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change of the VAT rate could be reflected on the price of the products. The SASKIA GALLERY company reserves the right to modify its prices at any time, being however understood that the price appearing in the catalog the day of the order will be the only one applicable to the buyer.
Article 4. Delivery of the artworks
The various possible modes of delivery and the related costs are indicated at the time of the summary of the order. The delivery and packaging costs depend on the nature of the artwork, its dimensions, its weight and the place of delivery.
The delivery of the ordered artworks is carried out at the address indicated in the summary form of the order, according to the methods envisaged by the provider of delivery determined at the time of the order.
FOR FRANCE :
BOOKS
The books are generally sent within 5 days after the reception of the payment. They are shipped by La Poste without signature.
Shipping fees include preparation and packing fees as well as postage costs. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.
EDITIONS AND PRINTS
Editions are generally shipped within 14 days of receipt of payment. They are shipped via Fedex International Priority with a tracking number and delivered with signature. Prior to shipment, you will receive an email with the invoice and tracking number.
Shipping fees include handling and packing fees as well as postage costs. Your package will be dispatched at your own risk, but your items will be properly protected and the packaging will be of an appropriate size.
FOR FOREIGN SALES AND PAINTINGS :
Depending on the size, weight and delivery address, we will send you an estimate of the delivery cost (including handling and packing) given by our provider as well as the time of receipt.
Upon receipt of your payment, including shipping costs we will proceed with the shipment and you will be informed by email.
The obligations concerning the delivery of the order, i.e. the respect of the announced deadlines, the quality of the packaging of the artwork, as well as the conformity of the latter, are only incumbent on the chosen delivery service provider, the responsibility of SASKIA GALLERY not being able to be engaged in case of failure of the delivery service provider. The buyer is obliged, as soon as he receives the order, to check the state of the work, and to issue any reserve in writing and without delay, at the latest within 48 hours, to SASKIA GALLERY.
Article 5. Order and payment terms
Before any order, the buyer must create an account on the site SASKIA GALLERY. The account creation section is accessible directly from the store page. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile …), will have to identify himself with his login and password. The SASKIA GALLERY company proposes to the buyer to order and pay his products in several steps :
– Payment by bank transfer : the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…). Then, the buyer chooses the payment method of his choice: “Payment by bank transfer”. Finally, the last step proposes to him to check all the information, to take knowledge and to accept the present general terms and conditions of use by checking the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order”. This last click constitutes the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize the payment and to start the processing of the order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to SASKIA GALLERY’s bank account, whose details are communicated to the buyer. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. SASKIA GALLERY company, after reception of the transfer corresponding to the order, subject to provisions, will inform about the expected date of availability of the products and the expected delivery date. Your banking data are encrypted during the transaction (SSL technology)
The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of its own conditions of purchase. The whole of the supplied data and the recorded confirmation will be worth proof of the transaction. The company SASKIA GALLERY will communicate by e-mail the confirmation of the registration of the order.
If the buyer wishes to contact the SASKIA GALLERY company, he can do it either by mail at the following address SASKIA GALLERY – 16 place Dauphine – 75001 PARIS; or by email at the following address: contact@saskiagallery.fr, or by phone at (+33) 06 44 36 44 46.
Article 6. Property reserve
The company SASKIA GALLERY keeps the full and whole property of the sold products until the perfect collection of the price, in principal, taxes and expenses included.
Article 7. Withdrawal
In application of the article L.121-20 and following of the code of consumption, the buyer has a period of 7 days from the delivery of the artwork to implement his right of withdrawal from the seller, without having to justify himself.
The buyer exercises his right of retraction to SASKIA GALLERY by sending an email to the following address contact@saskiagallery.fr. and the return must be made within the deadlines and in good and due form; article in its original packaging, exactly in the same state as the one in which it was delivered, complete (with accessories, notice, guarantee document, etc.) with a copy of the invoice and the mention Return/Replacement.
SASKIA GALLERY will proceed to its reimbursement within 30 days following the reception of the work to which the decision of retraction has been formulated.
The artworks returned damaged, incomplete or soiled by the buyer will neither be taken back nor reimbursed, SASKIA GALLERY reserving this choice at its sole discretion.
Article 8. Guarantee
In case the delivered artworks present one or several hidden defects, you have to send them back to us in their original packing and within 7 days from the delivery date, return expenses at the charge of SASKIA GALLERY.
Article 9. Responsibility
The company SASKIA GALLERY in the process of distance selling, is only held by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 10. Force majeure
The existence of a case of force majeure can suspend the execution of the contract or, if it is final, lead to the resolution of the sale. Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures
The party invoking Force Majeure must immediately notify the other party of the event and of its disappearance.
Article 11. Applicable law and mediation
The present General Terms and Conditions of Use are governed by French law.
In the event of a litigation, the buyer has the right to have recourse to a consumer mediator for the amicable resolution of any dispute concerning the execution of these General Terms and conditions of Use, as provided for in Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code.
Article 12. Intellectual property
All the elements of the SASKIA GALLERY website are and remain the intellectual and exclusive property of the SASKIA GALLERY company apart from the copyright. Robert Clévier for his texts and visuals of his works. No one is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 13. Personal data
SASKIA GALLERY commits itself to preserve the confidentiality of the information provided by the buyer, which he would be led to transmit for the use of some services. Any information concerning him is subject to the provisions of the law n° 78-17 of January 6th, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail at the following address SASKIA GALLERY – 16 place Dauphine – 75001 PARIS
Article 14. Settlement of disputes
The present conditions of remote sale are subjected to the French law. For any dispute or litigation, the competent courts will be those of PARIS.