GENERAL TERMS AND CONDITIONS OF SALE


The general terms and conditions of sale agreements set out below are agreed between any individual or legal entity (hereinafter «  the customer ») having access to the internet or to the company’s website By The Art.

By The Art
15 rue d’Estienne d’Orves

91370 Verrières le Buisson - France

SIRET : 53445686800015
Phone number: +33 (0)7 81 30 27 60
E-mail : contact@bytheart.com

 

ARTICLE 1 - PURPOSE

The following general terms and conditions of sale defines the entire agreements and obligations of the parties, excluding all other conditions.

The present general sales conditions are brought to the customer attention and are the basis of commercial relations between By The Art and the customers.

Approval of the order on this website constitutes the full acceptance by the customers of the aforementioned terms and conditions.

 

ARTICLE 2 - ORDER

In accordance with the provisions of articles 1369-1 and 1369_2 of the civil code:

2.1 The customer can choose the artworks exhibited on this website by filling in the online purchase form in which the customer declares having taken note and agreed on the general terms and conditions of sales hereby before the placement of  definitive orders.

2 .2 The final validation of the order requires its confirmation, with the possibility to correct the mistakes.

Once the agreement is reached, the payment processed is initiated.

The final validation of the order means acceptance of these general conditions of sale.

2.3 Confirms the order by sending an e-mail of confirmation to the customer.

2.4 the dates and times as evidence of the  transactions, orders, confirmations of sending and receipt e-mails are those  of the By The Art server.


ARTICLE 3 - PAYMENT

Payment of the selected artworks is done through the secured platform «  paypal » .

Only a perfect payment will trigger the supply of the order.

 

ARTICLE 4 - PRICE

The price of the artworks are indicated in Euro excluding tax (VAT deductible- vat not applicable in accordance with the article 239 B from the CGI), shipping charges not included

Shipping charges (packaging and insurance included) are stated on the online order form.

By The Art reserves itself the right to change its prices at any time, given that the prices of the artworks will be those applicable at the time of the validation.

The artworks remain the exclusive property of the artists until By the Art receives the final full payment.

 

ARTICLE 5 - AVAILABILITY

The artworks exhibited on this website are available subject to the artist’s availability.

Knowing that  information regarding the  availability of the artworks will be provided either on the artist’s artworks display  page or at the time of the placement of the order .

However some mistakes may arise so , in case the artwork is unavailable after the final approval of an order, the order will be cancelled and the customer will be refund in case of debit on his bank account.

 

ARTICLE 6 - DELIVERY

The artworks exhibited on this website can be shipped worldwide

 ( subject to the  possibility of the carrier  especially in case of  very large size packages).The artworks are shipped and delivered at the adress as stated by the customer on the order form.

The customer is fully responsible for all the information stated on the order form.

 By The Art is not liable for any possible late delivery or unability to deliver the order because of a wrong address given in the order form.

The delivery dates as stated on the order form are the average regular delivery dates and correspond to the usual handling and shipping time required.

When a customer orders several artworks at the same time and if these orders have different delivery dates, the day of delivery is based on the longest delivery time.

In this case, By The Art can split the shippings because of the type of the artworks and for safety transportation reasons.

In this case, By The Art shall not be held responsible for the consequences due to the late delivery.

In case of late delivery, the buyer will be kept informed by E-mail.

In case of late delivery and as long as the order is not shipped, the buyer can cancel the order and will be refund in case of debit on the bank account.

In case of problem upon receipt of the artworks ordered, the buyer must communicate any reservations he might have to the  carrier, and also to By The Art within 48 hours.

 

ARTICLE 7 - WARRANTIES

By The Art shall inform the buyer  of all the necessary features of the artworks exhibited on this website: measurements, tecnicals and specificities, the number of copies for some artworks.

The customer is informed that all photographs aim to show the artworks on the website are for reference only.

Some differences in the perception may indeed appear due to the photographic process and the configuration of the computer screen.

If you want any further information on the artworks, feel free to contact By The Art by E-mail to the following address :

contact@bytheart.com

 

After the withdrawal period as stated in article 7,  By The Art provides the customer a certificate of authenticity of the artwork ordered.

 

ARTICLE 8 - REVOCATION

In accordance with the provisions of Article L.121_20 of the Consumer Code, the customer, without providing any reasons or having to pay any penalties, have a period of withdrawal of seven

( 7) days  as from the reception  of the artwork ordered to have it returned in its packaging  and original condition, and so , at its own expenses and risks to :

 

By The Art- Xavier Chambon-

15 rue d’Estienne d’Orves –

91370 Verrières-le – Buisson.

 

The customer will be refunded the value of the order purchased and so, free of charge  within 30 days, provided that the artwork is still in its packaging and original condition.

The buyer is highly recommended to take out a transportation insurance that covers the value of the artwork.

 

ARTICLE 9 - INTELLECTUAL PROPERTY

9.1 All artworks, datas, information, services including the underlying technology of the website, are used in accordance with the intellectual property rights of their authors.

9.2 Any disclosure, diffusion, reproduction or representation, even free of charge, of these elements or trademarks used by By The Art is strictly prohibited.

9.3 Only a private use is authorized. As such, By The Art grants the user a single user licence for the representation of artworks , brands , data and information seen on the website.

Any infregements to these rules will make the author liable to punishment as for counterfeiting .

 

ARTICLE 10 - RESPONSABILITY

10.1 By The Art is liable for the content of the offer , the related commitments and the order and delivery services.

In accordance with the article L.121-20_3 of the Consumer Code, By The Art is responsible by operation of law towards the customer for the proper fulfilment of the obligations as per the contract agreed online, and whether these obligations are to be performed by itself or by other service providers without prejudice to  its right to recourse  against them.

However, By The Art, can be exempted from all or part of its liability by giving proof that the bad or non-performance of the fulfilment of the contract is attributable either to the customer or to the fact, unpredictable and unsurmountable, from a third to the contract or to a case of force majeure.

Is referred to a force majeure any unpredictable and unsurmountable event and unwanted by the parties and in all cases recognized by the case –law  of the French Supreme Court.

All claims on the fulfilment of this contract must be sent to By The Art by E-mail to : contact@bytheart.com

10.2 The responsability of By The Art can’t be blamed for the non respect of the legislation of the country where the artwork has been delivered.

It is for the customer to check  with the competent authorities of his country about the possibilities and import conditions of the artworks ordered, especially for the taxes as well as the  import  and custom duties  that are likely to be  due.

 

ARTICLE 11 - DATA PRIVACY

The personnal data processing  of the customer is  required for  the good handling of the orders.

Declaration of privacy is made  to the Information Commissioner’s Office ICO  («  Commision Nationale Informatique et Libertés » CNIL  )

In accordance with the French freedom of information (Loi informatique et Libertés) act of January 6Th of 1978, the customer is entitled to access any information, amendment and opposition to his personal data.

All claims regarding this section will be made only to the following E-mail address : contact@bytheart.com.

In any cases, all claims will be handled  within 48h.

 

ARTICLE 12 - DISPUTE

In case any dispute arise between the parties regarding  the process or the interpretation of this agreement, the parties previously agree on any first lawsuit that all claims will be subject to a preliminary formal notice by registered letter with recorded delivery.

Then, after a period of 10 days after sending the registered letter, and, as per the previous paragraph, each party will be able to  establish all useful procedures, falls under  the juriduction of the courts in Paris.