Article 1: General
These General Conditions of Sale (GTC) apply without restriction or reservation to any Buyer wishing to acquire the Works of art (hereinafter: the “Works”) offered on the site www.galerie-art-toilesdusud.com.
The purpose of these general conditions is to outline the terms and conditions for online sales offered on the Site and define the rights and obligations of parties involved.
Will be considered as “Buyer”, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, residing in the Territory and who wishes to buy a Work offered for sale by the Galerie Art et Toiles du Sud on the website www.galerie-art-toilesdusud.com. The sale of Works is open to persons having the legal capacity to contract under the applicable law. In particular, minors are not authorized to have access to our online sales service.
Any work of art presented on the site www.galerie-art-toilesdusud.com with a description enabling the Buyer to know its essential characteristics (authors, titles, dimensions, support, etc.) will be considered as a “Work”) as well as its price and indicated as “available”. As necessary, the criteria for the availability of a work are specified in Article 4.4.
Conversely, all the Works indicated as “reserved” will be considered not available for sale.
The “territory” means the countries of the Euro zone and Switzerland.
These General Conditions of Sale (GTC) are the only ones applicable, to the exclusion of all others.
When making the reservation and / or the actual purchase of one or more Works on the site www.galerie-art-toilesdusud.com, the Purchaser will be asked to read and accept these GTC. He will confirm this awareness and acceptance of the GTC by checking the box “I have read and accept the General Conditions of Sale”. Acceptance must be full and complete. Any membership that is subject to certain conditions is considered null and void. Users who do not agree to be bound by these terms and conditions may not access the Site or use the Services.
No sale of a work on the site www.galerie-art-toilesdusud.com will be considered by the Galerie Art et Toiles du Sud without the acceptance of these GTC.
As a result, the Purchaser waives the right to invoke any contradictory document and, in particular, his own general conditions of purchase, the act of purchase requiring acceptance of these GTC.
These GTC are enforceable against the Buyers of the site from the moment they are put online and cannot be applied to transactions concluded previously.
Galerie Art et Toiles du Sud reserves the right to cancel or refuse, without delay, any order / reservation which it deems to be contentious or fraudulent and / or any order / reservation by a Buyer with whom there is a past or ongoing dispute, courses of any kind.
These conditions can be modified at any time by Galerie Art et Toiles du Sud without notice.
Article 2: Respect for private life and personal data
Data is collected for the exclusive purpose of establishing a commercial and professional relationship with Buyers. Personal data is kept by Galerie Art et Toiles du Sud for a reasonable period. If the Buyer does not provide all the mandatory information in the site forms (* mandatory fields), he cannot validate the form and therefore place his order.
The automated processing of this nominative data has given rise to a declaration to the French National Commission for Computing and Liberties, in accordance with Law 78-17 of January 6, 1978 relating to Computing, Files and Freedoms.
In accordance with the Data Protection Act of January 6, 1978, the Purchaser can request changes to his personal data or demand that he no longer appear in the database of the Galerie Art et Toiles du Sud by contacting the Galerie Art et Toiles du Sud, by using the “Contact” form available on the Art et Toiles du Sud Gallery website at the following link: http://www.galerie-art-toilesdusud.com/en/contact.php
Article 3 : Prices
The works are sold unframed. For a framed painting, the Buyer has the option of requesting a quote and will receive the information by email within 48 hours.
The prices indicated are the net prices to be paid in euros, for the Buyer residing in mainland France, excluding shipping costs.
Galerie Art et Toiles du Sud applies the VAT regime on margin in application of Article 297 A of the General Tax Code.
If the Buyer orders a Work on the site of the Art et Toiles du Sud Gallery, to a country other than Metropolitan France, he acknowledges being the importer of the said Work.
In the context of a purchase intended for a country outside the European Union, all charges, possible local taxes, or customs duties, are then not the responsibility of the Galerie Art et Toiles du Sud and will be borne by the Buyer. . It is his responsibility to inform himself about the import conditions and to declare his purchase to the authorities of his country.
Article 4: Reservation / ordering of a Work
The Galerie Art et Toiles du Sud does not have stock, each order being the subject of special treatment.
The reservation and / or purchase of a Work on the website goes through a procedure in several stages:
Selection – The Buyer can add to his basket one (or more) Work he wishes to acquire by clicking on the “Add to basket” icon accessible on the presentation page of the Work.
The placing in the basket does not constitute a reservation of the Work, therefore, the Galerie Art et Toiles du Sud is released from any liability in the event that a third party buyer on the site reserves the Work in the interval between the placed in the basket by the Purchaser and his reservation under the conditions defined below and that it would therefore no longer be available for sale.
The basket remains accessible and modifiable at any time when the Buyer connects to the Galerie Art et Toiles du Sud site, by clicking on the “Basket” icon at the top right of the site.
Any Work already reserved and indicated as such on the Work presentation page cannot be added to the basket.
“My Basket” page – In the basket, the Buyer can select the Works he actually wishes to buy by deleting the unwanted Works and after having selected a delivery method between a delivery instead of the Buyer’s choice or a withdrawal directly from the Art et Toiles du Sud Gallery, may continue to order the Works by clicking on the “Order” icon.
Please note, this action does not make the Work unavailable on the Galerie Art et Toiles du Sud website for other buyers.
The delivery rate applicable to an order will be indicated so that the Buyer can accept it by selecting this delivery method.
The applicable prices are summarized in Appendix I hereto and may be subject to change at any time by the Galerie Art et Toiles du Sud.
“Order” page
- a) Completion of the customer file
The Buyer already has a customer account
In order to finalize his order, the Buyer who already has an account must log in by clicking on the “Already customer?” Icon. Click here to log in ”and by completing your login details via the following fields:
“Username *”
” Password * “
The Buyer does not have a customer account
The Buyer must complete the following fields in “Billing address”:
“Country *”
“First name *”
” Last name* “
” Address * “
” Postal code * “
” City * “
” E-mail adress * “
” Phone * “
The Buyer may choose to have their order shipped to a different address by checking “Ship to a different address” and filling in the corresponding mandatory fields. Otherwise, the billing address will be used as the delivery address.
In order to be able to connect to the site at a later date via a customer account, the Purchaser can at this stage check the box “create an account” and will be redirected to a page where he will be asked to create his username and password. Once this information has been provided, the Buyer can continue with his order.
The Buyer may at any time access his personal information and modify it in accordance with the provisions of Article 2 of these General Conditions of Sale.
Fields with a “*” are mandatory information on the form, as they are necessary for the order to be properly taken into account and for delivery.
- b) Summary of the order and choice of payment method
– The Purchaser will then take note of the summary of his order, the delivery method as well as the amount of the related delivery costs, if any, which will be subject to ” a reassessment according to the country of delivery indicated by the Customer in the order, and may select the desired payment method from the following three methods:
“Reservation” – payment will be made later in agreement with the Galerie Art et Toiles du Sud
“Card payment” – full online payment by credit card
“Payment by bank transfer” – full payment by bank transfer
“Payment by Paypal” – full payment by Paypal
Once the payment method has been selected and subject to acceptance of the GTC under the conditions below, the Buyer can confirm his order and the final applicable price (price of the Work and final delivery costs) by clicking on the “ORDER” icon.
By clicking on this icon, receipt of the order will be subject to automatic confirmation of receipt by sending an email to the Buyer.
- c) Acceptance of the GTC
– In order to be able to validate the order and access, if applicable, the chosen payment method, the Purchaser must imperatively tick the box “I have read and accept the General Terms and Conditions”. These GTC are accessible on all the pages of the Gallery site at the bottom of the page by clicking on the “GTC” tab as well as by clicking on the hypertext link inserted in the words “I have read and I accept the General Conditions Sales ”.
- d) Unavailability of the Work
On the Site, the change of status of a Work from “available” to “reserved” will take place:
(i) manually by the staff of the Galerie Art et Toiles du Sud upon receipt of the first corresponding finalized order (date and time of French connection) and / or in the event of a sale directly carried out in the premises of the Galerie Art et Toiles du Sud
(ii) automatically when paying by bank card online.
The reservation of the Work will thus be impacted by the change of status of the Work on the presentation page of the corresponding Work preventing any other reservation by third-party buyers until the final payment of the Work for a period of time, maximum of 7 days.
However, in the event that prior to the reception by Galerie Art et Toiles du Sud of an order under the aforementioned conditions, the Work would have already been the subject of a prior order under the required conditions by another buyer and / or, the Work would have been the subject of a sale directly at the place of Galerie Art et Toiles du Sud, the Buyer will receive an email from Galerie Art et Toiles du Sud notifying him of the unavailability of the Work and the failure to take into account his reservation / order, the Galerie Art et Toiles du Sud being released from any liability in the event of unavailability of the Work.
Thus, in the event of the “payment by credit card” option, the Buyer will not be redirected to the online payment page.
Notwithstanding the foregoing, it is understood that orders made with online payment by credit card will be considered as having priority over other online orders.
However, it is understood that in the event of an online payment by credit card made by the Purchaser and of a Work that is ultimately not available for reasons including technical problems on the site or in the premises of the Galerie Art et Toiles du Sud (sale carried out simultaneously in the premises of the Galerie Art et Toiles du Sud, for example), the Galerie Art et Toiles du Sud will inform the Buyer of the impossibility of fulfilling his order and will reimburse the sums paid within 5 (five) working days without the Buyer being able to claim any compensation of any kind.
Article 5 : Payment for a Work
5.1 In case of reservation :
If a Work is booked under the conditions required in the previous article, the Buyer will receive an automatic e-mail indicating that the Galerie Art et Toiles du Sud will get in touch with the Buyer within 48 working hours in order to finalize and pay for the order.
In the absence of agreement on the terms of payment for the reserved Work, Galerie Art et Toiles du Sud may automatically terminate the sale without notice or delay and may, if necessary, return the Work to “available” status. on the website www.galerie-art-toilesdusud.com
Payment for the Work, as well as the corresponding shipping costs, if applicable, will be made by check or by bank transfer or by credit card or Paypal, either directly to the Galerie Art et Toiles du Sud, or remotely in direct contact with the managers of the Galerie Art et Toiles du Sud by sending a check or by making a bank transfer or by electronic payment terminal.
5.2 In case of payment by credit card :
Any payment by card must be understood as payment of the full price of the Work and the delivery costs.
Payment of the amounts due will be made by credit card (Visa, MasterCard, American Express, Paypal) on a secure Crédit Agricole site guaranteeing confidentiality and data security and the card will be debited within 48 working hours of the reservation.
It is understood that, in the interval between the reservation and the debit of the corresponding sums, the Galerie Art et Toiles du Sud reserves the right to refuse payment when it is considered to be fraudulent or in dispute and / or when the The purchased work would have been the subject of a sale within the premises of the Art et Toiles du Sud Gallery before the automatic registration of the reservation.
5.3 In case of bank transfer :
Any payment by bank transfer should be understood as payment of the full price of the Work and delivery costs.
Payment of amounts due will be made directly to the Buyer’s bank account using their order number as payment reference.
The bank details of the Galerie Art et Toiles du Sud account to which to make the transfer will be indicated on the page following the confirmation of the order.
In case of selection of this method of payment by the Buyer and following receipt of his payment, the latter will receive an automatic email indicating the finalization of his order and the delivery and / or availability of the Work to his attention at the Art et Toiles du Sud Gallery.
5.4 In case of payment by Paypal :
Any payment by Paypal should be understood as payment of the full price of the Work and delivery charges.
Payment of amounts due will be made via Paypal and the debit will be made within 48 working hours of the reservation.
It is understood that, in the interval between the reservation and the debit of the corresponding sums, the Galerie Art et Toiles du Sud reserves the right to refuse payment when it is considered to be fraudulent or in dispute and / or when the purchased Work would have been the subject of a sale within the premises of the Art et Toiles du Sud Gallery before the automatic registration of the reservation.
5.5 General :
Payment of the total due, namely the net price of the Work and delivery charges, if any, will initiate the delivery process.
Proof of past transactions will be recorded by Galerie Art et Toiles du Sud and / or its payment system and the receipt of the payment in question will be notified to the Buyer by sending an email which will constitute proof of payment.
The works for sale on the site of the Galerie Art et Toiles du Sud, remain the property of the Galerie Art et Toiles du Sud, or in the event of deposit, of the owners represented, until full payment of the Work and costs delivery, if applicable.
It is thus specified that the sales contract concluded between the Buyer and the Galerie Art et Toiles du Sud is subject to the conditions that (i) the Work is available and that (ii) the payment, transfer or check has been received. and collected by Galerie Art et Toiles du Sud.
In the event of non-payment, in particular due to the bank’s refusal to honor the transaction or due to an opposition formed by the Purchaser on the transaction (ex right of return), before or after the conclusion of the transaction, Galerie Art et Toiles du Sud may automatically terminate the sale without notice or delay and may, where applicable, demand at the Buyer’s expense the return of the Work and / or return the Work in “available” status on the site www.galerie-art-toilesdusud.com. For the application of this paragraph, it is understood that the cases of opposition accepted will be the same as those recognized by the issuing credit institution.
In addition, payment for the Work and delivery costs, if applicable, must be made within a maximum period of 10 (ten) working days from the sending of the email to the Buyer notifying him of the taking account of the order and / or reservation of the Work. Failing this, Galerie Art et Toiles du Sud may automatically terminate the sale without notice or delay and may, where applicable, demand at the Buyer’s expense the return of the Work and / or restore the Work to status “Available” on the site www.galerie-art-toilesdusud.com.
Article 6 : Delivery of the Work :
6.1. Order packaging:
All orders will be delivered or delivered with the invoice serving as a certificate of authenticity and packed in protective packaging.
Depending on the delivery method selected during the Work reservation process, the Buyer can:
- Pick up his order directly from the Art et Toiles du Sud Gallery, at 8, rue du Marché, 83120 Sainte-Maxime, France
- Have his order delivered by a carrier (price in Annex I hereof)
In the event of withdrawal from the Galerie Art et Toiles du Sud, the Buyer has 10 (ten) days from receipt of the email referred to above confirming that the order has been taken into account to withdraw the order’ Work at the address indicated by the Art et Toiles du Sud Gallery. The Galerie Art et Toiles du Sud, on condition only that it has received full payment, will return the Work and the invoice serving as a certificate of authenticity to the Buyer after ascertaining the identity of this latest.
In the absence of withdrawal within the allotted time, the Galerie Art et Toiles du Sud may automatically terminate the sale without notice or delay, may, if necessary, return the Work to “available” status on the site www.galerie- art-toilesdusud.com and will, if applicable, reimburse the sums paid by the Purchaser less compensation for the immobilization of the Work set at 10% (ten percent) of the value of the Work .
In case of delivery selected by the Buyer, the following provisions will apply.
6.2. Delivery delay :
The Galerie Art et Toiles du Sud will have the Work delivered to the address indicated when ordering within an average of 15 days in France (the period may be significantly extended during school holidays), and very rarely exceeding 30 days abroad (depending on the starting address and destination of the Work). The acknowledgment of receipt must be signed by the Buyer himself, this being used as proof in the event of a complaint by the Buyer.
All shipments will be made by a carrier selected by Galerie Art et Toiles du Sud with which Galerie Art et Toiles du Sud will sign a delivery slip indicating the state of the Work.
Compliance with delivery deadlines and preservation in condition of the Work during delivery depend on the carrier. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the Buyer from the Galerie Art et Toiles du Sud in the event of delayed delivery, failure to deliver and / or delivery of a damaged Work, attributable to the carrier (delivery slip to the carrier as proof).
Likewise, pursuant to article 1148 of the Civil Code, Galerie Art et Toiles du Sud cannot be held liable or considered to have been at fault in the processing of the Buyer’s file, if any delay, any failure to deliver and / or any damage to the Work during delivery, results from a case of force majeure.
Notwithstanding the foregoing, it is understood that, in the event that the Work is the subject of an event exhibition in the premises of the Art et Toiles du Sud Gallery, the delivery time will be deferred by the remaining period of time exhibition, as announced on the website of the Galerie Art et Toiles du Sud.
6.3. Receipt of delivery – Right of return :
The Work will be delivered to the delivery address indicated by the Buyer during the reservation / order process. If he finds non-conformity or an apparent defect in the Work delivered, the Buyer does not sign the delivery slip and returns the package to the carrier. The Buyer must immediately report the problem to Galerie Art et Toiles du Sud with all the relevant supporting documents by contacting customer service, or to the email address sent as part of the email notifying receipt of payment and the finalization of the order, either by telephone on +33 4 94 79 98 16, or by mail to the following address: Galerie Art et Toiles du Sud, at 8, rue du Marché, 83120 Sainte-Maxime / France.
In this case, the return costs will be borne by Galerie Art et Toiles du Sud or the carrier, if applicable, and the latter will proceed as soon as possible, at the Buyer’s choice, to exchange with a Work of equivalent value or reimbursement.
Failure to comply with these formalities at the time of delivery, the Works will be deemed to conform and free from any apparent defect and no complaint can be validly accepted by the Buyer.
Article 7 : Right of withdrawal of 14 days :
Pursuant to article L.121-21 (law of March 17, 2014 on consumption) of the Consumer Code, the Buyer has 14 days from the delivery of the Work to formulate his right of withdrawal from the Galerie Art et Toiles du Sud, stating the reason for the request by email to the email address sent as part of the email notifying the receipt of payment and the finalization of the order or by registered mail with acknowledgment of receipt (date of dispatch being proof) to the following address: Galerie Art et Toiles du Sud, at 8, rue du Marché, 83120 Sainte-Maxime, France, and to request an exchange with a Work of equivalent value and / or reimbursement.
The Work must be returned in its original packaging (or similar) and in perfect condition within 7 days of delivery. The Work will therefore travel at the risk and peril of the Buyer.
The return costs will be the sole responsibility of the Buyer. This provision complies with Article L. 121-16 of the Consumer Code.
Works returned damaged or soiled by the Buyer (fingerprints or traces of any other nature) will not be taken back and / or reimbursed.
The exchange, subject to availability, or the refund will be made within 30 days of receipt, by the Art et Toiles du Sud Gallery, of the Returned Work in perfect condition.
Article 8 : Guarantees :
The Work provided by the Galerie Art et Toiles du Sud benefits, in accordance with legal provisions, from:
- The legal guarantee of conformity;
- The legal guarantee against hidden defects resulting from a defect in material, design, manufacture, affecting the products delivered and rendering them unfit for use.
Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the case of normal wear and tear of the goods, accident or force majeure and the guarantee of the Galerie Art et Toiles du Sud is limited to the exchange with a work of equivalent value or the reimbursement of the work that does not conform or is affected by a defect.
The Galerie Art et Toiles du Sud is committed to ensuring that the Works presented on the site www.galerie-art-toilesdusud.com comply with their descriptions and the requirements of French law. It is recalled that colorimetric differences can be observed between the visual of the work on the merchant site and the work itself, a photograph not being able to be strictly faithful to the original colors of the works on the one hand, and the screens computer rendering different from each other on the other hand. These differences cannot be a reason for non-compliance.
In the event of a material error on the Site resulting in the delivery of the wrong Work to the Buyer, the Buyer may at its discretion request the exchange with the good Work, if available, a Work of equivalent value or the reimbursement of the sums paid but will not be able to claim any compensation from the Galerie Art et Toiles du Sud.
The Galerie Art et Toiles du Sud cannot under any circumstances be held responsible, without this list being exhaustive:
- The transmission and / or reception of any data and / or information on the Internet;
- Any malfunction of the Internet network preventing the reception and / or sending of emails as well as the taking into account of an order;
- Failure of any receiving equipment or communication lines;
- Loss of any paper or electronic mail and, more generally, loss of any data
- Routing problems or damage caused during transport;
- The operation of any software;
- The consequences of any virus, computer bug, anomaly, technical failure;
- Any damage caused to a Buyer’s computer;
- For any technical, hardware and software failure of any kind which has prevented or limited the possibility of placing an order or having damaged a Buyer’s system.
Article 9 : Intellectual property :
9.1 Intellectual property rights :
All the visual elements displayed on the site are protected by copyright, in application of articles L.112-1 and following of the Intellectual Property Code. The Buyer may not under any circumstances use, copy, reproduce, modify or alter this work or its elements, including on the Internet, without the prior written permission of SARL ART ET TOILES DU SUD.
SARL ART ET TOILES DU SUD reserves the right to prosecute any act of infringement of its intellectual property rights, including in the context of criminal proceedings.
9.2 Right to the Work :
The artist owns the copyright (economic and moral rights) on his creation, within the meaning of Article L.111-1 et seq. of the Intellectual Property Code. The rights of representation and reproduction of the Works on the site of the Galerie Art et Toiles du Sud belong to their authors and may be licensed from the Galerie Art et Toiles du Sud. Their joint authorization is then necessary for any exploitation of these rights.
The Buyer’s rights to the purchased Work are therefore limited to a right of private use, excluding any right of representation and reproduction.
Article 10 : Force majeure :
Pursuant to article 1148 of the Civil Code, Galerie Art et Toiles du Sud cannot be held liable in the execution of the order, if any delay or failure results from a case of force majeure.
Article 11 : applicable law :
These general conditions are governed by French law. In the absence of an amicable agreement, in the event of a dispute on the validity, interpretation and / or execution of these general conditions, the parties agree that the courts within the jurisdiction of the head office of SARL ART ET TOILES DU SUD will be alone competent, unless otherwise mandatory rules of procedure.
Article 12: After-sales service / customer relationship :
The user can contact the Galerie Art et Toiles du Sud for any question relating to a Work, an artist, a project or any other request by means of the “Contact” form available on the website of the Galerie Art et Toiles du Sud at following link: http: //www.galerie-art-toilesdusud.com/contacts/ or by phone on +33 4 94 79 98 16 or by mail: Galerie Art et Toiles du Sud, 8 rue du Marché, 83120 Sainte-Maxime, France.
APPENDIX I – SHIPMENT COSTS :
Shipping in mainland France:
Paintings:
– Canvas up to 50cm: free shipping
– Canvas from 50 to 80 cm: 100 €
– Canvas larger than 80 cm: 150 €
Sculptures: On estimate only, click here to request a quote.
Shipping outside mainland France:
(only Switzerland and Europe)
On estimate only, click here to request a quote.