TERMS OF SALE

IDENTIFICATION OF THE SELLER

ACT ON ART SAS, Simplified joint stock company at share capital of € 10, registered in the trade and companies register under number 822 616 066, whose head office is located 144 Avenue du General Leclerc, 92330 Sceaux and represented by its president Mr. Gilles Albert.

SIREN: 822 616 066
SIRET: 822 616 066 00012
CNIL: 2006088
Phone : 01 46 32 04
E-mail : contact@actonart.fr

Article 1 - Object

These general conditions of sale (the " GTCS ") Aim to define the terms of sale applicable to any buyer (the" Buyer ») Wishing to acquire one or more of the works of art presented on our site www.actonartparis.com and this, regardless of the country of residence or from which the Buyer has logged in to place an order.

When placing an order for the acquisition of a work, the Purchaser must have read and accepted the GTC as well as the rights and obligations arising therefrom.

The Buyer's acceptance of the T & Cs results from the confirmation of the order in accordance with the terms defined in Article 5 and constitutes full and complete acceptance of these general conditions of sale.

Article 2 - Presentation of works

The works of art are presented on the website of ACT ON ART (the "Seller") with a description allowing the Purchaser to be able to know their essential characteristics (technical, size, print run if applicable), as well as their prices.

The characteristics of the works offered for sale are presented for each work in the “Discover the work you like” section of our site, accessible by clicking on the (Eye) icon present when you hover over the work with your cursor. It is in this section that you will have the opportunity to order the work you wish to acquire.

All texts and images presented on the company's website ACT ON ART are reserved, for the whole world, under copyright and intellectual property; their reproduction, even partial, is strictly prohibited.

Article 3 - Period of validity of sales offers

The works visible on the site are offered for sale while stocks last.

In the event of an order for a work that has become unavailable, the Buyer will be informed of this unavailability as soon as possible and by email. In the event of debit or collection for the order of an unavailable work of art, the seller undertakes to reimburse the Buyer within fifteen (15) days.

Article 4 - Product prices

The prices of works offered on the ACT ON ART online sales site are denominated in euros, all taxes included and excluding delivery costs (except for certain works for which delivery costs are included in the displayed price). The shipping costs appear on the screen at the end of the selection of the different products by the customer, during the validation of the shopping cart.

The delivery costs take into account the size, the weight of the work and the place of delivery.

The total sale price indicated on the order includes: the price excluding tax of the work, delivery costs (including packaging costs), the amount of applicable VAT.

Payment by the customer implies acceptance by the latter of the total price of the sale.

Taxes and customs duties :

  • For Buyers with a delivery address within the European Union, you are not subject to any customs duty.
  • For Buyers located outside the European Union, you may be required to pay import taxes or duties when you receive the work you ordered. We cannot give you an estimate of these taxes or customs duties for importing works of art, so we advise you to contact the appropriate local customs authorities before placing your order. You are responsible for paying these taxes and customs duties.

Our Company ACT ON ART reserves the right to modify its prices at any time but the works ordered are invoiced at the price in force when the order is recorded in the computer system of ACT ON ART.
The proposed rates include the discounts and rebates that the company ACT ON ART would have to grant.

Article 5 - How to order a work?

The Buyer, having selected the work (s) he wishes to buy by clicking on "Add to Cart". By clicking on the link “Proceed to order” The Purchaser accesses the summary page of his order.

The order summary page allows:

  • the customer to check each of the elements of his order; he can thus correct any errors.
  • access the general conditions of sale and accept them by checking the box “I have read and accept the general conditions of sale of the Site”.

After checking his order and accepting the GTC, the Buyer can validate his order by clicking on the link “Confirm the order and proceed to payment”.

The order having been validated by the Purchaser, he accesses a page allowing him to choose his method of payment and to proceed to its execution.

Once validated, the company ACT ON ART confirms the order by email within two (2) days; this confirmation includes all the elements of the order. However, the sale will be concluded between the Buyer and ACT ON ART  subject to receipt of full payment by ACT ON ART, this must take place within eight (8) days at the latest.

In the event that after the validation of the order, the work was no longer available (eg: damaged work, or not in perfect condition), the sale would then be considered as not concluded without this giving rise to to any request for compensation or payment between the Parties. If applicable, the Buyer who has opted for payment by credit card will be reimbursed. An information email will be sent to the Buyer.

In case of payment by transfer, the work will be reserved for eight (8) days after sending our RIB. After this period, if the payment is not received by ACT ON ART, the sale will be canceled without this cancellation giving rise to any claim for compensation or payment between the Parties.

Once payment has been received by ACT ON ART, we deliver the work in accordance with the terms of article 7 below.

In the event that a work is ordered simultaneously by several Buyers and that this work is unique or that there is only one copy of an edition of this work (e.g. engraving), the The work will be sold to the first Buyer who has confirmed and paid for his order. The other Buyers will be informed of the unavailability of the work, and will be reimbursed for the payments they could have made.

For certain works, because of their size, their price, or the delivery destination, you will be asked to contact us in order to send you the information necessary for the successful completion of your acquisition.

Data recorded by the company ACT ON ART constitute proof of the nature, content and date of the order. This is archived by the company ACT ON ART under the legal conditions and deadlines; the customer can access this archive by contacting the Customer Relations department at the address monitoring.acquisition@actonart.fr

Although we have implemented a high level of security for our website - the green bar at the level of the navigation bar being a representative element -, and that we use security and cryptographic software, the responsibility of the Society ACT ON ART cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network; in particular a break in service, an external intrusion, an interception or manipulation of electronic communication by third parties or by computer programs or the presence of computer viruses.

Order Tracking :

For any questions regarding the follow-up of your acquisition, from order to delivery, send an email to monitoring.acquisition@actonart.fr, specifying your order number.

Article 6 - Terms of payment

Payment : Orders payments are made by credit card or bank transfer.

  • Payment by credit card (CB, Visa, Mastercard, Paylib) & Paypal : After choosing this method of payment and having validated the order, we reserve the selected work for you, we collect your payment, and we organize its delivery as quickly as possible. This payment is highly secure. It is based on Société Générale's secure online payment solution using the Secure Socket Layer (SSL) encryption protocol and the 3D Secure protocol. This system makes it possible to limit the risks of fraud on the Internet linked to identity theft attempts. It consists in ensuring, during each online payment, that the card is used by its real holder.
  • The transaction is carried out in the highly secure area of ​​our banking partner and we have no knowledge of the Buyer's confidential payment information.
  • Payment by bank transfer : After choosing this method of payment and having validated the order, we reserve the selected work for you and we send you our RIB (Bank Identity Statement) by email. The work is reserved for you for 8 days. As soon as we receive your transfer, we will organize its delivery as quickly as possible.

ARTICLE 7 – DELIVERY

The Buyer has the option of either removing the work from the Gallery or having it delivered to the delivery address indicated during the ordering process. The delivery times indicated on the site are indicative.

The packaging of the work : Particular care is given to the packaging of the work. The quality of the packaging and the use of suitable materials will ensure optimum protection during transport.

Routing : ACT ON ART takes care of the relationship with the carrier both for the delivery and for the insurance of the work. The transfer of risk between ACT ON ART and the Purchaser intervenes upon signature of the delivery slip by the Purchaser. When confirming the availability of a work, ACT ON ART specifies to the customer the time of its delivery to the address indicated by the Purchaser.

It is the sole responsibility of the Purchaser to ensure that the information he communicates to ACT ON ART for delivery are correct.

In the event of a shipping delay, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.

In the event of deliveries by a carrier, the company ACT ON ART cannot be held responsible for late delivery due exclusively to unavailability of the Buyer after several meeting proposals.

Delivery tracking : An email will be sent to you to inform you of the taking charge of the work by the carrier. You will then be able to follow the progress of the delivery of your order by connecting to your account on ACT ON ART or for more details by connecting to the site of the carrier whose name and tracking number you will have received. transport of the work.


Collection of the work in the gallery
 :
You will also be able to collect the work from the gallery in which case no delivery costs will be requested. Upon receipt of full payment, an email will then be sent to the Buyer to specify the date of availability of the work and to arrange a meeting.

Reception of the work : The delivered work will be accompanied by a delivery slip which must be signed by the Buyer or the person designated by name when ordering (On the input field: Notes of the order). It will serve as proof in the event of a possible complaint. It is the responsibility of the Purchaser or his representative to indicate on the delivery slip any reservations regarding the condition of the package upon receipt (eg: damaged package) or the contents of the delivery and to inform by email ACT ON ART (tracking.acquisition@actonart.fr.) without delay.

In the event that delivery of the Work was not accepted by the Buyer, it will (i) be retained by the carrier for delivery to ACT ON ART (ii) be reshipped by the Purchaser at its expense for analysis of the causes of this refusal by ACT ON ART. In the event that the fault is confirmed by ACT ON ART, ACT ON ART will reimburse the sums paid by the Buyer: price of the work, VAT, delivery costs and, where applicable, return costs.

Any claim by the Buyer after receipt of the work must be made within fourteen (14) days using the following email address monitoring.acquisition@actonart.fr. ACT ON ART reserves the right not to respond to complaints for defects not reported on the occasion of receipt of the work by the Buyer.

Article 8 - Right of withdrawal (Guarantee valid for the European Economic Area)

In accordance with European regulations and the provisions of Article L.121-21-8 of the Consumer Code; if you are a national of the European Economic Area and if you buy a good remotely, you have the right to change your mind about your purchase. It is the right of withdrawal. If you opt out, you don't have to justify yourself or pay penalties. You will have to pay the cost of returning the goods ordered.

What are the deadlines for exercising the right of withdrawal? You have a period of 14 clear days to change your mind about your remote purchase. The 1st day of the deadline for goods is the date appearing on the delivery note signed by the Buyer.
If the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
If your order relates to several goods delivered separately or to a good made up of lots or multiple pieces whose delivery is staggered, the period begins upon receipt of the last good or lot, or the last piece.

How to exercise your right of withdrawal? The exercise of the right of withdrawal must be reported to ACT ON ART before the expiry of the withdrawal period. You must send the standard withdrawal form (Form below):

You must return the work to ACT ON ART at the latest within 14 days of sending your withdrawal. It must be returned to us in perfect condition in its original packaging and under identical delivery conditions to those of the shipment. In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

The day of the recovery of the work and after checking that you are not liable for any depreciation of the work. We will reimburse the sums paid except the return costs.

In accordance with the regulations, you will only pay the direct costs of referral.

Article 9 - Legal guarantees & limitations of guarantees

The works of art presented on our site benefit from the legal guarantees which are the guarantee of conformity (i) as well as the guarantee against hidden defects (ii).

(i) Guarantee of conformity

Article L217-4 of the Consumer Code requires the seller to deliver goods that comply with the contract and guarantees the Buyer against any lack of conformity existing at the time of delivery, but also from any lack of conformity resulting from the packaging, instructions assembly or installation when this has been the responsibility of the seller by the contract.

Under Article L217-5 of the Consumer Code, the good does not comply with the contract if it is unfit for the use usually expected of a similar good or if it does not have the defined characteristics. by mutual agreement by the parties or is unfit for any special use sought by the Buyer, brought to the attention of the seller and which the latter has accepted.

In accordance with Article L.211-10 of the Consumer Code, the sale cannot however be canceled if the defect is minor.

Action resulting from lack of conformity lapses two years after delivery of the goods.
(article L211-12 of the Consumer Code).

(ii) The guarantee against hidden defects

Pursuant to Articles 1641 to 1649 of the Civil Code, the guarantee against hidden defects will apply if the defect:

  • Is existing at the time of purchase,
  • Either renders the good unfit for the use for which it is intended or greatly reduces its use,
  • Is not apparent at the time of purchase.

The Buyer has two years to act. Unlike the case of the time limit applicable to the legal guarantee of conformity, the starting point for taking legal action is set on the day of discovery of the defect and not on the day of purchase.
the hidden defect is proven, the Purchaser may request either the return of part of the price or product, or to return the item and obtain reimbursement.

In addition to the mandatory legal guarantees, Act On Art gives no guarantee to the Buyer on the works acquired by him on the site.

Article 10 - Customer relations - After-sales service

For any information, question or complaint, the customer can contact the Customer Relations department of ACT ON ART from Monday to Friday, 9 a.m. to 18 p.m.

Address: 144 Avenue du Général Leclerc 92330 Sceaux

Tel: +01 46 32 04 99
Email: monitoring.acquisition@actonart.fr

Article 11 - Data confidentiality

We scrupulously respect the rules applicable to the conservation and processing of personal data that you will be required to communicate to us in the context of the acquisition of a work on our site or otherwise. By confirming your order and accepting the general conditions of sale, you authorize us to keep and communicate nominative and personal data to our partners, suppliers, and any public and private organization whose intervention is necessary in the management of your order: any declarations, insurance, packaging and delivery of the works.
Your data may also be used to improve our services and the information or offers we send you.

In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you.
To exercise this right, please go directly to the website.

Article 12 - Applicable law in the event of a dispute and competent jurisdiction

The language of this contract is French. These GTC are governed and interpreted in accordance with French law. In the event of a dispute, the competent court will be that of the defendant's domicile.

The Parties will endeavor to settle amicably any disputes relating to the validity, interpretation or performance of the Contract.

In accordance with Article L.133-4 of the Consumer Code, the customer is informed that he has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other alternative method of settlement of litigation.

Article 13 - Intellectual property

All elements of the site ACT ON ART are and remain the intellectual and exclusive property of society ACT ON ART. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of the company. ACT ON ART.

Article 14 - Proof archiving

ACT ON ART will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the company ACT ON ART will be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 15 - Partial invalidity

If for any reason one or more stipulations of these GTCs prove to be invalid, null or of no effect or declared as such by a court or administrative authority, the other stipulations will retain their validity and all their effects. In addition, a stipulation that is invalid, null or void or declared as such will be replaced by a valid stipulation whose effect is closest to that of the invalidated clause.

Official withdrawal form:

To the attention of ACT ON ART 144 Avenue du Général Leclerc 92330 Sceaux France, Suivi.acquisition@actonart.fr:

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer (s) (only in case of notification of this paper form):
Date:

(*) Delete the mention useless.

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Free Return (14 days in the EU)

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