Politique de confidentialité
GENERAL TERMS AND CONDITIONS OF SALE AND USE (GCV/GU)
General Terms and Conditions of Sale and Use (GTC/UG)
1. About us
Galerie 22, whose registered office is located at Centre d'Affaires Saint Charles 17 Boulevard Champfleury, 84000, Avignon and registered in the Avignon Trade and Companies Register under number 503 622 334, is represented by Mrs Jane Dreyer. Galerie 22 sells the following products to its Clients via the Internet site "galerie22.fr": online sales and promotional exhibitions of works of art (art trade).
2. Preamble
The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges that he/she has read them and accepted them by ticking the appropriate box before placing his/her online Order.
The GCS/GU shall govern the conditions under which the Company sells its Products to its Professional and Consumer Clients via its Internet Site.
They apply to all sales concluded by Galerie 22 and prevail over any contradictory document, in particular the Client's general terms of purchase.
They are systematically communicated to the Client who requests them.
In the event of subsequent modification of the GTC/GU, the Customer shall be subject to the version in force at the time of his Order.
3. Definitions
"Customer" refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site;
"Order" refers to any order placed by the User registered on this Web Site;
"General Terms and Conditions of Sale and Use" or "GTC/UG" means the present general terms and conditions of use and online sales;
"Consumer" means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;
"Professional" means the buyer, whether a legal entity or an individual, who is acting in the context of his professional activity;
"Site" refers to the present Internet site, i.e. galerie22.fr
"User" refers to any person who uses the Site.
4. Registration
Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity.
The use of the Site is conditional upon the registration of a User. Registration is free of charge.
In order to register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to this information and available in their account.
All registered Users have a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each registered user is personally responsible for maintaining the confidentiality of his/her login and password. Galerie 22 will not be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she should contact the Company as soon as possible, so that the latter can take the necessary measures and regularise the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for one person or the provision of false information, Galerie 22 reserves the right to proceed with the temporary or definitive deletion of all accounts created by the offending User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In case of deletion of an account by Galerie 22 for breach of the duties and obligations set out in the GTC/GTC, the offending User is strictly forbidden to re-register on the Site directly, through another e-mail address or through an intermediary without the express permission of Galerie 22.
5. Orders
Any order can only be made when the User has registered on the Site. The User, when connected to his account, can add Products to his virtual basket. The User can then access the summary of his/her virtual basket in order to confirm the Products he/she wishes to order and place his/her Order by pressing the "Order" button.
The customer will have to fill in an address, a delivery method and a valid payment method in order to finalise the Order and to effectively form the sales contract between him/her and the Gallery. Completion of the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions of delivery indicated on the Site.
Once the Order is placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order as well as the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between La Galerie 22 and the Customer.
Galerie 22 may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site ordered or on the regularity of the Orders, according to the conditions set by Galerie 22.
6. Products and prices
The Products covered by the GTC/GU are those listed on the Site and sold and shipped directly by Galerie 22.
The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The sale is subject to the availability of Galerie 22's stock. Galerie 22 cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by Galerie 22 through the Site, the price indicated on the Product page corresponds to the price in Euros, including all taxes, excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products is not calculable in advance, Galerie 22 will send the Customer a detailed quote setting out the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
7. Terms of payment
Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.
Depending on the nature or amount of the Order, Galerie 22 is free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by :
- Credit card via a secure connection
- Paypal
- Cheques
- Bank transfer
In the event of failure to pay for the Products in full or in part by the date agreed on the invoice, the Professional Client shall pay Galerie 22 a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation retained is the most recent one at the date of the Order for the services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client shall automatically give rise to the payment of a fixed penalty of 40 euros due by way of collection costs.
In the event of non-payment of the Products, in whole or in part, by the date agreed on the invoice, the Consumer Client shall pay Galerie 22 a late payment penalty equal to the legal interest rate.
No compensation may be made by the Customer between penalties for late supply of the Products ordered and sums owed by the Customer to Galerie 22 for the purchase of Products offered on the Site.
The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
8. Delivery
The Products are delivered exclusively in the following geographical areas:
- Metropolitan France
- Corsica
- Overseas territories
- European continent
- North America :
o Canada
o United States
- Asia :
o China
o Hong Kong
o Taiwan
o South Korea
o United Arab Emirates
o Israel
o Japan
o Kuwait
o Qatar
o Singapore
o Thailand
- Oceania :
o Australia
The Company undertakes to make every effort to deliver the Products as quickly as possible. These may vary according to the Client's geographical area, the delivery method chosen or the Product ordered.
If the 30-day delivery deadline is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgement of receipt, after having requested Galerie 22, in the same manner, to make the delivery within a reasonable additional period, and if Galerie 22 has not complied.
In this case the Customer will be refunded within 30 days if a payment has already been made.
In case delivery is impossible due to an error in the address given by the Customer, Galerie 22 will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Customer.
Furthermore, Galerie 22 cannot be held responsible for exceeding the delivery time:
- in periods of high demand, such as the Christmas and New Year period,
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable event, a pandemic or a legitimate case beyond its control,
- for events attributable exclusively to the carrier responsible for delivery.
Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site:
- to the address indicated by the Customer at the time of placing the Order by ordinary post.
- at one of our partner locations as indicated on the Site. A valid form of identification shall be required to collect the Products. Otherwise, the Products ordered cannot be delivered to the Customer.
- by So Colissimo. Delivery is made by La Poste according to its current delivery times. The Customer may be delivered :
o at his home with hand delivery. In case of absence, delivery in letterboxes or at the post office. If the Customer has not collected the parcel within 10 days, it will be returned to the sender.
o at home by appointment.
o in one of the 35 Cityssimo parcel spaces, 24 hours a day, 7 days a week, within 10 days.
o At the post office of your choice within 10 days.
o at one of So Colissimo's partner retailers
- by UPS according to its current delivery times.
- by DHL according to its current delivery times.
- by FEDEX according to its current delivery times.
9. Complaints
For all Orders placed through this Site, the Client has the right to make a claim within 14 days of receiving the Products. It is the Client's responsibility to check the apparent condition of the Products upon delivery. If no reservations are expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
In order to exercise this right of complaint, the Client must send a statement to Galerie 22, at the address contact@galerie22.fr, in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (receipt form countersigned by the carrier, photographs, etc.).
A complaint that does not respect the conditions described above cannot be accepted.
La Galerie 22 will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days as from the placing of the Order, except for the products mentioned in article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Consumer shall send a declaration to the address
contact@galerie22.fr.
The Products must be returned in their original packaging and in perfect condition within 14 days from the notification of the withdrawal to Galerie 22 by the Consumer. The direct costs of returning the Products remain the responsibility of the Consumer.
The Consumer will be reimbursed for the totality of the costs paid for the placing of the Order within 14 days of Galerie 22 becoming aware of his declaration of withdrawal.
The reimbursement will be made by the same means of payment as that used for the purchase or by another means according to the Consumer, without any additional costs.
11. Transfer of risk and ownership
La Galerie 22 retains a right of ownership on the Products sold until full payment of the price by the Customer. It may therefore repossess the said Products in the event of non-payment. In this case, any advance payments made will be retained by La Galerie 22 as compensation.
For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by Galerie 22. For Consumer Customers, the transfer of risk takes place upon delivery or upon collection of the goods from the shop if the Customer has chosen in-store delivery.
12. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where applicable :
o correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
o have the qualities that a buyer 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 have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
Any Product resold altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in case of misuse or abnormal use of the Product as well as in the case where the Product does not respect the legislation of the country in which it is delivered.
The Customer shall inform La Galerie 22 of the existence of defects within two years. Galerie 22 will rectify the defective Products as far as possible. If Galerie 22 is found to be liable, the warranty is limited to the amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the guarantee.
13. Changes
La Galerie 22 reserves the right to modify the Site, the GTC/GTC as well as any delivery procedure or any other element of the services provided by La Galerie 22 through this Site.
When an order is placed, the User is subject to the provisions of the GTC/GU valid at the time of placing the order.
14. Processing of personal data
Registration on the Web Site entails the processing of the Customer's personal data. If the Customer does not agree to the processing of his/her data, he/she is requested to refrain from using the Website.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, rectify, modify and oppose all of his personal data at any time by writing, by post and providing proof of his identity, to the following address: 267 routes de Gordes, Coustellet (84220) Cabrières d'Avignon.
This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.
15. Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the Site.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or commercial offers from Galerie 22 or its partners.
The User may at any time object to receiving such commercial offers by writing to the Galerie 22 address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
Moreover, the information of the Customers may be transmitted to third parties without their prior express agreement in order to achieve the following goals
- to comply with the law
- to protect any person from serious bodily harm or death
- to combat fraud or damage to Galerie 22 or its users
- to protect the property rights of Galerie 22.
16. Data protection
Galerie 22 provides an appropriate level of security proportionate to the risks involved as well as their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not commit Galerie 22 to any obligation of result regarding data security.
17. Cookies
In order to allow its Users to benefit from an optimal navigation on the Site and a better functioning of the different interfaces and applications, Galerie 22 is likely to implant a cookie on the User's computer. This cookie allows to store information relative to the navigation on the Site, as well as to the possible data entered by the Users (in particular research, login, email, password).
The User expressly authorises Galerie 22 to place a "cookie" file on the User's hard disk.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
18. Responsibility
Galerie 22 cannot be held responsible for the unavailability of the website, whether temporary or permanent, and although it does everything in its power to ensure that the service is always available, it may be interrupted at any time. Furthermore, Galerie 22 reserves the right to voluntarily make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, Galerie 22 shall not be held responsible for any delays in delivery due to reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
19. Intellectual property
The brand, the logo and the graphic charter of the present Site are registered trademarks with the INPI and works of the mind protected under the copyright, the property of which belongs exclusively to Galerie 22. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of Galerie 22 will expose the offender to civil and criminal proceedings.
20. Attributive clause of competence
The law governing the GCS/GU is French law. Any dispute that may arise between Galerie 22 and a User in the course of the execution of these GTC/GU shall be subject to an attempt at amicable resolution. Failing this, the disputes will be brought to the attention of the competent courts under common law.
21. Acceptance of the GTC/GU
The Customer or User expressly accepts the GTC/GU.
The Customer declares that he/she is aware of them and waives the right to rely on any other document, in particular his/her own general terms and conditions of purchase.
The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular
- the essential characteristics of the Product
- the price of the Products;
- the date or the deadline by which Galerie 22 undertakes to provide the Service;
- information on the identity of Galerie 22 (postal, telephone and electronic contact details);
- information on the legal and contractual guarantees and their implementation procedures;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (time limit, methods of exercise).
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ANNEX - WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of : Galerie 22 - Centre d'Affaires Saint Charles 17 Boulevard Champfleury - 84000 Avignon (France)
contact@galerie22.fr
I, the undersigned (name and surname) ...............................................................................
hereby confirm that I wish to withdraw from contract number (to be completed) ....................................
concerning the sale detailed below:
- Work concerned :
- Artist author of the work concerned :
- Received on :
- Name of the Consumer :
- Consumer's address :
Date: Signature of Consumer :
