Terms of sales - Art Action

Présentation

Welcome to this website dedicated to Art Action and accessible at the following URL www.art-action.mc (the “Site”). Please carefully read the following Terms and Conditions including:

1. General Conditions of Use, which govern the use of this Site. By accessing this Site, you accept these Terms of Use without reservation.
2. General conditions of sale, which apply to any purchase made by an Internet user/natural person (hereinafter the “CUSTOMER”) on the website www.art-action.mc (hereinafter the “SITE”) from Art Action, a company in its own name registered in the Monaco Trade and Companies Register under number 92P05469, having its registered office at 6 lacets St Léon, MONACO, email: artaction@monaco.mc (hereinafter the “SELLER”).
  These General Conditions govern the sale by the SELLER to its CUSTOMERS of WORKS.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at private consumers, and acknowledges having the legal capacity to make purchases.

Applicable law

These General Conditions are governed by and must be interpreted within the meaning of Monegasque law. Any disputes relating to the interpretation or application of these General Conditions will be brought before the Monegasque courts, competent within the jurisdiction of the registered office of Art Action.

Hosting

The art-action.mc website is hosted on OVH servers.

Lexique

The terms used below have the following meaning:

“CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by Monegasque law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
“SITE”: refers to the website www.art-action.mc
“DELIVERY”: refers to the first presentation of the WORKS ordered by the CLIENT to the delivery address indicated when ordering.
“WORKS”: designates all the art works available on the SITE.
ACCEPTANCE: The CUSTOMER undertakes to carefully read these General Conditions and accept them, before browsing and proceeding to the payment of an order of WORKS on the SITE.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order.
The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.

The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of WORKS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

I. GENERAL CONDITIONS OF USE

Use of the site

We remind you that the Internet does not guarantee the security, availability and integrity of data transmissions. Accordingly, we assume no liability for errors, omissions, deletions, delays, malfunctions, telecommunications lines, hardware and software not under our control or in the event of unauthorized use or possible degradation of the content published on this Site.
By using this Site, you agree not to engage in fraudulent and/or illegal activities. We insist on the fact that you must hold all the rights and/or all the necessary authorizations in respect of any content that you wish to publish on this Site. The creation of this Site represents a considerable investment and work. This is why, unless expressly stated otherwise herein, we do not grant you any right other than to consult the Site for your strictly personal and private use. The use of the User account is strictly personal.

Information published on the Site

a. General provisions

We strive to provide you with accurate and up-to-date information. However, since the technical reliability of data and information transmissions over the Internet is not absolute, we cannot guarantee the accuracy of all the data that will be published on this Site. In addition, we insist on the fact that the information published on this Site may be inaccurate or incomplete, in particular in the event of intrusion by third parties. Please inform us of any errors or omissions at the following e-mail address :artaction@monaco.mc

b. Hypertext links

The hypertext links included in the website may direct you to websites put online by third parties, the content of which we do not control. Consequently, and insofar as these hypertext links have been integrated on this Site to facilitate your browsing on the Internet, the consultation of these third-party websites is entirely your decision and your exclusive responsibility.

c. Cookies

LDuring your visits to the website, we may use cookies, trackers and other similar techniques to collect information about how you use our Services and how we offer you certain features. The cookies used are used to automatically collect identifiers from your devices and other information about you, for example: Internet Protocol address (IP address), records and pages viewed. We may also ask advertisers and other partners to display advertisements or services on your devices where we or third parties place cookies or other similar technologies.

d. Emails to friends. / Transfer to friends/contacts

In the event that we provide a feature that allows you to send messages about Site-related content to friends through the Site, you may provide us with your friend’s email address so that we can facilitate transmission of a message to him, provided, however, that we reserve the right to refuse to facilitate the sending of the message for any reason, including, without limitation, in the event of restrictions imposed by your jurisdiction or your friend’s juridiction for such a feature.
We may store your friend’s email address, but we will only use it as described in this Privacy Policy and will not send any other promotional messages to your friend unless your friend registers with our company (or has already registered).
Please note that any personal data you provide to us in connection with your request to send messages to your friend may be disclosed to your friend. By using our “send to a friend” functionality, you confirm that all friends you designate to receive messages have agreed to receive from this Site the email(s) you ask us to send them.

e. Promotional operations

We may offer promotional operations or sweepstakes on our Site. If you register for a promotional operation or a sweepstakes, we will ask you for Personal Information about you.
We will use this information for the purpose of administering the promotional operation or the prize draw. We will also use and store this information for the purposes described in the “Use of personal information” paragraph above, unless you instruct us otherwise, either through the mechanisms provided in the form of the input form, or by contacting us. Any other use of this information will be set forth in the Official Promotion Rules.

Modification of the site and the conditions of use

We may modify the content and information published on this Site as well as these Terms of Use, including, in particular, to comply with any new applicable law and/or regulation and/or to improve the Site. Any changes will be incorporated into these Terms of Use.

II. TERMS OF SALES

Purchases on the site

To be able to buy a WORK, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT’s order to be processed by the SELLER. DELIVERIES may be tracked using certain carriers’ online tracking tools.
The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail, at the address artaction@monaco.mc, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date.
The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

Orders

a. Characteristics of works

The SELLER undertakes to present the essential characteristics of the WORKS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law (in these General Conditions). The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

b. Order procedure

Orders for WORKS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s start page, the steps may differ slightly).

c. Selection of WORKS and purchase options

The CLIENT must select the WORK(s) of his choice by clicking on the WORK(s) concerned and choosing the desired characteristics and quantities. Once the WORK has been selected, the WORK is placed in the CLIENT’s basket. The latter can then add as many WORKS as he wishes to his basket.

d. Orders

Once the WORKS have been selected and placed in their basket, the CLIENT must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register. Once the CUSTOMER has validated the contents of the basket and has identified himself/registered, an online form will be displayed to his attention automatically completed and summarizing the price, applicable taxes and delivery costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the WORKS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the WORKS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the WORKS. Regarding the WORKS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method if different options are available.

e. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.

f. Billing

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER). The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.

The CUSTOMER must then specify the means of payment chosen. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used. The CLIENT will receive the original invoice upon DELIVERY of the WORKS, inside the package.

g. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.

h. Price

For all the WORKS, the CUSTOMER will find on the SITE prices displayed in euros excluding taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging, the DELIVERY address and the carrier or mode of transport selected).
The VAT rate is not applicable: art.87 of the Tax Codes.
Any change in the applicable rate or VAT régime may impact the price from the date of entry into force of the new rate.
Artists are subject to change their prices. Consequently, the prices indicated on the SITE may change, if necessary. They can also be modified in the event of special offers or sales.
The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.

i. Availability of WORKS

The unavailability of a WORK is in principle indicated on the WORKS page concerned.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the WORK is unavailable.

The SELLER may, at the CLIENT’s request:
-Either offer to ship all the WORKS at the same time as soon as the WORKS are available again,
-Either proceed to a partial shipment of the WORKS available initially, then to the shipment of the rest of the order when the other WORKS are available, subject to clear information concerning the additional transport costs which may be incurred,
-Or offer to choose another WORK of equivalent price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order for unavailable WORKS, he will obtain a refund of all sums paid for the unavailable WORKS at the latest within thirty (30) days of payment.

Right to retract

The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 of these General Terms and Conditions of Sale.

Paiement

a. Means of payment

The CUSTOMER can pay for his WORKS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE. It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.

b. Date of payment

In the event of a single payment by credit card, the CLIENT’s account will be debited as soon as the order for the WORKS is placed on the SITE. In the event of partial DELIVERY, if the CUSTOMER decides to cancel his order for unavailable WORKS, the refund will be made in accordance with the “Refund” paragraph of these General Conditions.

c. Late or refused payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be canceled and the sale automatically terminated.

d. Archiving

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT’s request. In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Transfer of ownership

The SELLER remains the owner of the WORKS delivered until full payment by the CLIENT. The above provisions do not preclude the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the WORKS subject to the reservation. property, as well as the risk of damage that they may cause.

Delivery

The terms of DELIVERY of the WORKS are provided for in the “delivery policy” referred to in Appendix 2.

Packaging

The WORKS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the WORKS during DELIVERY.
CUSTOMERS undertake to respect the same standards when returning WORKS under the conditions set out in Appendix 1 “Withdrawal Policy”.

Warranties

The SELLER is required to deliver a conforming WORK, i.e. suitable for the expected use, which corresponds to the description given on the SITE.
In this context, the SELLER is likely to be liable for existing lack of conformity at the time of delivery and for lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it or was carried out under his responsibility.
In the event of a lack of conformity, the CLIENT may request the replacement of the WORK, at his option. However, if the cost of the CLIENT’s choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the WORK or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that a replacement is impossible, the SELLER undertakes to refund the price of the WORK within 30 days of receipt of the returned WORK and in exchange for the return of the WORK by the CLIENT to the following address:
ART ACTION – 6 Lacets St Léon – MC 98000 MONACO.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the WORKS.

Responsibility

The responsibility of the SELLER can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. Monegasque courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content.

Personal Data

The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT’s account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT’s data is kept confidential by the SELLER in accordance with its declaration made to the CCIN (Commission de Contrôle des Informations Nominatives), for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the ordering process.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 1.165 relating to the protection of personal information, in connection with the processing of data and computer files, the CUSTOMER has the right to information, access to his personal data, rectification, opposition (for legitimate reasons) and deletion. He can exercise this right by sending an e-mail to the address: artaction@monaco.mc or by sending a letter to:
Art Action, 6 Lacets St Léon, MC 98000 Monaco.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

Complaints

The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: +377 92 16 75 62 (non-surcharged number). Any written complaint from the CLIENT must be sent to the following address:
Art Action, 6 Lacets St Léon, MC 98000 Monaco.

Intellectual property – reproduction of works

The elements of the site are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the SELLER in writing. This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

The website is dedicated to presenting the art dealer activities of Art Action. In this context, illustrations, reproductions, quotations of original works may be exhibited on the art-action.mc SITE. These appear legally on the SITE art-action.mc according to the laws of Intellectual Property. Any reproduction, total or partial, of the elements presented by Art Action on the art-action.mc site is strictly prohibited and constitutes an offense of counterfeiting exposing its author to legal proceedings.

Furthermore, the sale of a work through the SITE art-action.mc does not entitle its owner to the right of reproduction and representation of the work.
The company Art Action does not grant any guarantee with regard to the absolute accuracy of the information it provides on the works presented via the art-action.mc site. More specifically, Art Action is committed to an obligation of means regarding the verification of the information it provides on the works in the Works section of the art-action.mc SITE.
With the exception of the reproductions appearing on the art-action.mc site as illustrations appearing in the Works section, the general structure as well as the texts, images animated or not, and all the elements making up the art-action.mc site are the property of Art Action.
Reproduction of all or part of this site, in particular for commercial purposes, on any medium whatsoever, is strictly prohibited without the express authorization of Art Action.
Any representation, reproduction of this site, by any process whatsoever, would constitute an infringement. Furthermore, any reproduction or imitation of the ART ACTION brand without express authorization from the Art Action company is strictly prohibited and constitutes an offense of counterfeiting within the meaning of the provisions of the Intellectual Property Act.

Validity and modification of the General Conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector for individuals, for companies whose head office is located in Monaco. These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are dated precisely and may be modified and updated by the SELLER at any time.
The applicable General Conditions are those in force at the time of the order. Changes to the Terms and Conditions will not apply to WORKS already purchased.

Jurisdiction and applicable law

These General Conditions as well as the relations between the CLIENT and the SELLER are governed by Monegasque law. In the event of a dispute, only the Monegasque courts will have jurisdiction. However, prior to any recourse to the arbitration or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are authorized to seize the court of summary proceedings or to seek the pronouncement of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.

APPENDIX 1: Withdrawal Policy

Principle of withdrawal

The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT. In the event that the CLIENT has ordered several WORKS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

Pour exercer son droit de rétractation, le CLIENT doit notifier sa décision de se rétracter du présent contrat au moyen d’une déclaration dénuée d’ambiguïté à : 6 Lacets St Léon ou artaction@monaco.mc.
Il peut également utiliser le formulaire ci-dessous :

Formulaire de rétractation

To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to:

Art Action, 6 Lacets St Léon, MC 98000 Monaco or artaction@monaco.mc

He can also use the form below:

For the attention of [*] Art Action

E-mail address of the SELLER*: artaction@monaco.mc

I hereby notify you of my withdrawal from the contract relating to the sale of the WORK below:

WORK reference :

Invoice number:

Ordered on [____________]/received on [________________]
Means of payment used:
Name of the CLIENT and, if applicable, the beneficiary of the order:
Address of the CLIENT:
Delivery address:
Signature of the CLIENT (except in the case of transmission by email)
Date

In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CLIENT’s desire to withdraw. The SELLER will make the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. The SELLER may defer reimbursement until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

Return terms

The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: ART ACTION, 6 Lacets St Léon, MC 98000 MONACO
This deadline is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.

Return fees

The CUSTOMER must bear the direct costs of returning the goods.

Condition of the returned item

The PRODUCT must be returned following the instructions of the SELLER and include in particular all the accessories delivered. The CLIENT’s liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and good condition of the WORK. In other words, the CUSTOMER has the possibility of contemplating the WORK but his responsibility may be engaged if he carries out manipulations other than those necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made according to the CLIENT’s specifications or clearly personalized
Supply of goods which by their nature are inseparably mixed with other items
Supply of digital content not provided dematerialized if the execution has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
Contracts concluded at a public auction

APPENDIX 2: Delivery Policy

Delivery zone

The WORKS are shipped to the delivery address that the CLIENT has indicated during the ordering process.

Delivery time

The deadlines for preparing an order and then establishing the invoice, before shipping the WORKS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays. An electronic message will be automatically sent to the CLIENT when the WORKS are dispatched, provided that the electronic address appearing in the registration form is correct.

Modalités de LIVRAISON

During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and formulas for the WORKS purchased.
Shipping costs are calculated according to the delivery method as well as the geographical area where the WORK must be shipped. The amount of these costs will be payable by the CLIENT in addition to the price of the WORKS purchased.
Details of delivery times and costs are detailed on the SITE.

Delivery times & costs

Delivery terms

The package will be usually delivered to the CUSTOMER against signature and upon presentation of an identity document.
In case of absence, a delivery notice will be left to the CUSTOMER, to allow him to pick up his package at his post office.

Delivery problems

The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER shall reimburse, without undue delay from receipt of the letter of termination, to the CLIENT the total amount paid for the WORKS, taxes and delivery costs included.
The SELLER is responsible until delivery of the WORK to the CLIENT.
It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any defects or partial losses noted during delivery.

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