These General Terms and Conditions of Sale (hereinafter the “GTC”) apply in addition, in respect of the Purchasers, of the Purchaser T & Cs and, in the case of the Sellers, of the Sellers’ T & Cs, in which the terms are defined. in capital letters used in these GTCS.
The GTC applies to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Product Buyers, excluding those between the Buyers and ARTree or between the sellers and ARTree. Relations between Purchasers and ARTree are governed by the Purchaser Terms and Conditions. The relations between the Vendors and ARTree are governed by the Vendor Terms and Conditions.
ARTree is not the seller of the Works purchased through the Service; only the Seller, whose name is indicated on the descriptive card of each Product, is the contracting partner of the Purchaser for the purchase of said Products. The Products can not be taken back or exchanged by ARTree.
I – Conclusion of the contract of sale
Between the Buyer and the Seller (Gallery named in the description of the work)
1) The Works are presented on the Site with a description allowing the Buyer to know their essential characteristics and their price.
2) The Buyer selects the Work (s) he wishes to purchase.
3) He validates his choice of work (s), reads and accepts the present GTC by a click of validation. He chooses his method of payment between a payment by credit card or by bank transfer on the account of ARTree. If he chooses payment by credit card, he proceeds immediately to the payment. If he chooses the payment by bank transfer, he proceeds to this operation as quickly as possible so that the payment is actually received within 5 working days in the bank account of ARTree.
4) The Buyer receives a confirmation email acknowledging his order. The contract of sale concluded between the Buyer and the Seller via ARTree is subject to the resolutory condition that the Product is available and that the transfer has been received if the Buyer has chosen this method of payment.
5) The Seller is informed by ARTree that one or more of the Works he has put online has been the subject of an order.
6) The Seller agrees to confirm and / or cancel the availability of the Work (s) ordered by the Buyer within 7 days of the information received as referred to in point 5) . In the event that the same Work is the subject of an order by several Buyers at a time, and depending on the availability of this Product (single work), it will only be sold to the first Buyer who records his order. . The order will be reversed for other buyers.
7) Once the availability of the Work (s) confirmed or reversed by the Seller, an email is sent by ARTree to the Buyer to inform him of the availability or not of the Work (s) ordered ( s).
8) In case of confirmation of the availability of the Work (s) by the Seller, the resolutory condition attached to the contract of sale concluded between the Buyer and the Seller is waived; the Seller in fact makes a firm commitment to deliver the Works or to make them available at the point of sale within the time limit.
In the absence of confirmation of the availability of the Work (s) within the period referred to in point 6), or of non receipt of the transfer by ARTree within 5 working days from the date of validation of the order, the contract between the Buyer and Seller is automatically resolved and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited or will be refunded in full.
However, only the contract for the sale of the Work (s) not available (s) is covered by this resolution.
9) In the event of confirmation of the availability of all or part of the Works ordered by the Purchaser and confirmation of the receipt of the transfer by ARTree if the Buyer has chosen this method of payment, the said Works shall be dispatched by the Seller or withdrawn by the Buyer in accordance with the terms and conditions set out in Article 4.
II – Price and payment
The purchase price of the Works is set by the Seller. It is mentioned in euros including tax on the descriptive card, but excluding shipping costs, the latter being specified during the validation of the shopping cart. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Purchaser and are his sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies. It is up to him to inquire with the competent authorities.
The payment of purchases made through the Service can be made by credit card with ARTree who cash the corresponding amount, in the name and on behalf of the Seller.
Payment for purchases made through the Service may also be made by transfer to ARTree’s account. The transfer must be made within 5 working days from the date of the order.
III – Security of payments
ARTree has adopted as a means of payment on the Internet the STRIPE solution (see their website for more information).
ARTree has in no way access to confidential information relating to the means of payment that the Customer uses during payment. This is why the Customer’s bank details will be requested for each new order. Indeed, only STRIPE has confidential information that remains inaccessible to third parties.
You can also pay via bank transfer to the ARTree account.
IV – Mode and Shipping or Withdrawal Fees at Seller
1) Shipping by the Seller to the Buyer’s home
The Buyer has the opportunity to have the Work delivered to the home by notifying him when placing his order. The work is delivered to the address provided by the Buyer when ordering. In this case, the Seller, provided that he has validated the availability of the Work and ARTree has notified him of receipt of the payment, will pack the Work and make it available to a transport company. Shipping costs will be accepted by the Buyer at the time of validation of his shopping cart.
Depending on the shipping address of the Buyer, different tax rules and other fees may apply. If the Buyer is shipping products from a partner Gallery outside its territory, it may be required to pay import customs duties upon receipt of its products. Neither we nor the Partner Galleries can control these fees and we can not predict their amount. Buyer will be responsible for payment of these taxes and customs duties not included.
The Buyer can contact his local customs office for more information before placing his order.
The Seller undertakes to make the Work ordered available to the carrier within the time indicated on the Worksheet from the date of confirmation of availability of the ordered Product; the Seller in fact making a firm commitment to make the Products available to a carrier within the time limit. Works are delivered to the address indicated by the Buyer during the passage of his order and should be delivered no later than 7 working days after confirmation of the availability of the Product at the carrier by the Seller, the period may vary in function of the chosen carrier. It is the sole responsibility of the Purchaser to ensure that the information that he communicates to ARTree for this purpose is and remains correct and that it will allow him to receive the Products he buys on the Site.
The Seller undertakes to transmit to ARTree, who will then forward them to the Buyer, the name of the carrier who has taken charge of the transportation of the Product to the Buyer as well as the parcel number in order to allow the Buyer to track the status of his order on the carrier’s website, provided that the latter offers a package tracking service.
In this context the Works travel at the risk of the Seller.
2) Withdrawal at the Seller by the Buyer
The Buyer may also remove the Work or Works ordered on the Site directly from the Seller’s point of sale.
The Buyer indicates for each Work the delivery method (shipping or withdrawal at the Seller) that he chooses during the validation process of his order on the Site.
In the case of a withdrawal from the Seller, the Buyer will not be required to pay the delivery charges.
Once he has placed his order and subject to the effective availability of the Work and receipt of the transfer by ARTree if the Buyer has chosen this method of payment, the Seller makes the commissioned work available to the Buyer within a period specified in the sales announcement and indicated on the Worksheet.
The Seller via ARTree will specify that the Work will be available to the Buyer at the point of sale. The Buyer will then receive an email from ARTree to warn him.
The Buyer has a period of 14 days from receipt of the email referred to above to remove the work at the address specified by the Seller.
The Seller, provided that ARTree has confirmed receipt of the full payment, will return the work as well as the invoice and the certificate of authenticity to the Buyer after ensuring the identity of the latter.
V – Right of withdrawal
In accordance with the legal provisions in force, as part of a purchase made from a professional seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), Buyer, if he himself is a national of this zone, has a period of 14 days from receipt of the Work (s) ordered to exercise, with the said Seller, his right of withdrawal, without having to justify reasons or pay a penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not himself a national of this zone this right of withdrawal is not applicable.
The Buyer exercises his right of withdrawal directly from ARTree by sending an email to the address firstname.lastname@example.org ARTree or mail to ARTree 36 rue cabanis 75014 paris and will then notify the Seller by sending an email. The return of the work will be at your expense with the expenses of returns. Also at your expense:
You must return the goods to the seller no later than 14 days after sending your withdrawal.
You must pay the direct costs of removal.
Also at your expense:
- the additional cost of delivery of the goods if you have chosen a more expensive method of delivery than the delivery method usually proposed by the seller (for example: if you expressly choose an express delivery in 24 hours, whereas the professional had offered a mode of delivery regular delivery resulting in lower delivery costs, you can bear the cost difference between these two types of delivery)
ARTree will reimburse the Buyer the price of the Work as well as the shipping costs via the seller the return costs are at your expense.
ARTree’s refunds to the Buyer are made once the Seller has notified ARTree of the good reception of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
VI – Litigation and Disputes
In general, the Seller undertakes to deliver a quality service to Buyers.
As such, any Buyer has the opportunity to report by sending an email to ARTree at the address email@example.com, within 14 days from the receipt of any Work, any claim concerning the Works ordered , according to the following criteria:
Work not received: the Work has not been received by the Purchaser.
Non-compliant work: the work received does not correspond to the work to be ordered.
Work damaged: Work received is damaged or broken
In the event of a claim by a Purchaser concerning a Work, once the Seller is informed of the said claim by sending an email from ARTree, the Seller is personally responsible for the resolution of the dispute with the Seller. ‘Buyer. Disputes are settled directly between the Buyer and the Seller via ARTree. The Seller shall make best efforts to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result in either the return of the Work ordered and the reimbursement of the Buyer by ARTree until the seller has been paid, either the partial or total refund of the Buyer only.
In the event of the return of the Work by the Purchaser, it will be up to the Seller to organize the return of the Work and to take all the expenses at his expense.
In this case, the price of the Work (s) purchased (s) and shipping costs paid by the Buyer during the passage of his order will be reimbursed by the Seller via ARTree once the Seller has notified ARTree of the good reception of the work.
VII – Personal data
In addition to Article 6 of the Buyer’s Terms of Sale and Article 8 of the Sales Terms and Conditions, the Buyer and the Seller are informed that all the data collected as part of the Service when placing orders are processed by ARTree for the purpose of processing such orders.
The information and data of the Buyers relating to the delivery are transmitted by ARTree to the Sellers for the sole purpose of allowing them to dispatch the Works ordered. They can not under any circumstances be used for other purposes.
Each Seller has access only to personal data provided by the Purchasers of its Products to ARTree when ordering.
The Vendors undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders.
In case of difficulty concerning the processing of these data, the Buyer and the Seller may apply directly to ARTree, under the conditions set, as the case may be, in the Buyer’s T & Cs or Seller’s T & Cs.
VIII – Partial invalidity
If one or more stipulations of the present GSC are considered as invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope.
IX – Applicable law
These general conditions are subject to French law. Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.