TERMS OF SERVICE
LOEN, a simplified joint-stock company with a capital of 150.000 euros, whose registered office is located at 4 rue du Docteur Blanche 75016 Paris, registered with the Paris Trade and Companies Register under number 795 231 422 (hereinafter " LOEN ”), sets up, on www.audreyhacthikiangallery.com (hereinafter the“ Site ”), a marketplace allowing buyers (hereinafter“ Buyers ”or“ You ”), after registration, to enter , through it, in relation with professional sellers, also registered on the Site (hereinafter “Sellers” or “Galleries”), for the purpose of purchasing works of art (hereinafter the “Products” or “Works”) offered at a firm price (hereinafter the “Service”).
To use the Service, the Purchaser must agree to abide by these Purchaser's General Conditions of Use (hereafter the “Purchaser T & Cs”) without restriction or reservation. This acceptance is materialized by a validation click when registering on the Service.
Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale of the Service (hereinafter the "GTC"), which must also be accepted by the Buyer at each purchase, they complete these Buyer T & Cs.
LOEN reserves the right to modify these T & Cs. Any modification will take effect immediately for the Online Products as soon as they are posted on the Site.
The purpose of these Buyer T & Cs is to define the conditions under which LOEN makes available to Buyers, as part of the Service, the technological tools used to purchase Products from Sellers.
2- Description of the Service
The Service consists of a set of tools allowing Buyers to register on the Site, to get in touch with Sellers in order to place orders for Products, adjust the price of Products and confirm receipt. some products.
Transactions carried out via the Service for the purposes of purchasing the Products are concluded directly between the Buyer and the Seller. LOEN is in no way a reseller of the Products offered by the Sellers through the Service. Thus, the Products purchased via the Service cannot be returned or exchanged by LOEN.
However, in a constant concern for improving the quality of its services and in order to better select its partners, LOEN invites You to send it any comments and suggestions that You may wish to bring to its attention concerning the quality of transactions. carried out through the Service.
To this end, LOEN provides you with a contact form.
In the event of non-compliance with these Buyer T & Cs, LOEN reserves the right to temporarily or permanently interrupt access to the Service to the Buyer concerned.
Each Buyer undertakes to conclude the purchases in good faith.
3- Access to the Service
In addition to the acceptance of these Purchaser T & Cs, access to the Service is subject to the opening of an account on the Site. To do this, you must provide the data allowing your identification. When opening this account, You agree to provide only accurate information, then to inform LOEN without delay of any change affecting them, using the contact form.
To use the Service, You must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for accessing the Service using your username and password, unless proof of fraudulent use is not attributable to You.
In the event of loss, misappropriation or fraudulent use of your username and / or password, You agree to immediately notify LOEN by using the contact form.
4- Price of the Service
Opening an account and using the Service are free (excluding any connection costs, the price of which depends on your electronic communications operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is chargeable, under the conditions provided for in the GTC.
5- Personal data
Information and data concerning You are processed by LOEN. Unless otherwise specified, they are essential for managing your account and your access to the Service. The information necessary for delivery will be transferred to the Seller for this sole purpose. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent, where applicable, on LOEN, and as well as to allow us to improve and personalize the services we offer You and the information. that we send to You.
In accordance with the law known as “Informatique et Libertés” of January 6, 1978, You have the right to oppose, access, rectify and delete personal data concerning You, under the conditions provided for by law. To exercise them, you just have to write to us online via the contact form or by mail to LOEN SAS, 4, rue du Docteur Blanche 75016 Paris, indicating your name, first name, e-mail and address. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which LOEN must send You the response. A response will then be sent to You within a maximum of 2 months following receipt of the request.
You will likely receive offers from our company and our partners, depending on your choices made when creating or viewing your account. If you no longer wish it, you can request it at any time by specifying it in the "My account" section.
6- Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright as well as intellectual property, for the entire term of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
The website www.audreyhacthikiangallery.com is registered with the CNIL (Commission Nationale de l'Informatique et des Libertés) under number 1651626.
Any reproduction, representation, modification or total or partial adaptation of the Site and / or all or part of the elements found on the Site or which are incorporated therein is strictly prohibited.
Buyers undertake to make their best efforts to report to LOEN any violation of intellectual property rights that they observe.
7- Liability and guarantees
The use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, or of the translations of the Site in languages other than French and in particular those relating to technical performance; response times to consult, query or transfer information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach on its part, LOEN cannot be held liable for any damage whatsoever suffered by a Buyer, in particular and without this list being exhaustive:
- operating or information losses, resulting from possible malfunctions, breakdowns, delays or interruptions of access to the Internet network;
- the transmission and / or reception of any data and / or information on the Internet;
- the consequences of any virus, computer bug, anomaly, technical failure;
- failure of any receiving equipment or communication lines;
- the loss of any electronic mail and, more generally, the loss of any data;
- for any damage to the computer, PDA or smartphone etc. an Internet user who connects to the Site;
- any technical, hardware and software failure of any kind, having prevented or limited the possibility of using the Site or having damaged the system of an Internet user who connects to the Site;
- of any failure or manifest error (in particular technical, material, software, price display, translation, etc.) of any kind, having prevented or limited the possibility of using the Site or having misled a user who connects to the Site;
- indirect damage.
It is the responsibility of all Internet users to take all appropriate measures in order to: (i) protect their own data and / or software stored on the computer equipment that they connect to the Site, against any attack (ii) be able to assess whether there is an obvious error in the information displayed on the Site (by sending an email via the contact form) so that any useful verification can be carried out, to correct the erroneous information if necessary.
LOEN's liability towards the Purchaser can only be engaged for facts which would be exclusively attributable to it and which would cause it damage directly linked to these facts. It cannot be engaged for indirect damages. LOEN cannot be held liable either for the incorrect use of the Service by the Buyer or for any fault on his part. It can not be engaged either because of facts attributable to a third party to the Service.
By using the Site, the Buyer declares that he is fully informed of the characteristics and constraints of the Internet, that he is solely responsible for the information he provides in the context of his account on the Site and his relations with other users of the Service.
In addition, in accordance with article 6-I, 2 and 3 of law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, LOEN cannot be held liable for the content made available on the Site by Buyers or Sellers, in particular as regards the description of the Products, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by this law.
Finally, LOEN declines all responsibility with regard to the sales concluded by Buyers through its Service with Sellers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Products or the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.
The Buyer is solely responsible for the use he makes of the Service.
The Purchaser undertakes, at first request including in the event of a non-final court decision, to indemnify and compensate LOEN for any damage, loss, loss of profit, complaint, liability and costs, including fees and consulting costs. that LOEN should be brought to bear if its liability were incurred by a third party, due to a claim or action related to this use of the Service by the Buyer.
Buyers are informed that LOEN can communicate all information relating to them, including personal information, to the competent services responsible for the repression of fraud and infringements.
8- Partial invalidity
If one or more stipulations of these Purchaser T & Cs are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.
9- Duration and validity
The Purchaser is subject to these Purchaser T & Cs as soon as they register on the Site and until their account is deleted, whether or not they carry out transactions on the Site.
LOEN reserves the right to modify these Buyer T & Cs at any time.
The modified Buyer T & Cs will be posted on the Site. The Buyer will be kept informed of the changes by sending an email from LOEN to the email address indicated by the Buyer when registering for the Service.
The applicable Buyer T & Cs are those in force on the date of use of the Site's services by the Buyer.
10- Applicable law
These Purchaser T & Cs are subject to French law. Any dispute relating to their interpretation and / or their execution comes under French jurisdiction.
TERMS OF SALES
These General Conditions of Sale (hereinafter the "GTC") apply in addition, with regard to Buyers, to the Buyers T & Cs and, with regard to Sellers, to the Sellers T & Cs, in which the terms are defined in capital letters used in these GTC.
The T & Cs apply 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 Buyers of Products, to the exclusion of those which are formed between the Buyers and LOEN or between the Sellers and LOEN. The relations between Buyers and LOEN are governed by the Buyer T & Cs. The relations between the Sellers and LOEN are governed by the Seller T & Cs.
LOEN is not the seller of the Products purchased through the Service; only the Seller, whose name is indicated on the description sheet of each Product, is the Purchaser's co-contractor for the purchase of said Products. The Products cannot therefore be returned or exchanged by LOEN.
1- Conclusion of the sales contract between the Buyer and the Seller
- 1) The Works are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.
- 2) The Buyer selects the Work (s) he wishes to purchase.
- 3) He confirms his choice of Product (s), reads and accepts these T & Cs by clicking on validation. He chooses his method of payment between payment by credit card or by bank transfer to the LOEN account. If he chooses payment by credit card, he immediately proceeds to payment. If he chooses payment by bank transfer, he will do this as quickly as possible so that the payment is actually received within 4 working days on LOEN's bank account.
- 4) The Buyer receives an email confirming that his order has been taken into account. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutive 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 LOEN that one or more of the Works he has put online has been the subject of an order.
- 6) The Seller undertakes to confirm and / or deny the availability of the Product (s) ordered by the Buyer within 5 days of the information received as referred to in point 5) . In the event that the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product (single work), it will only be sold to the first Buyer who registers his order. . The order will then be canceled for the other Buyers.
- 7) Once the availability of the Product (s) has been confirmed or denied by the Seller, an email is sent by LOEN to the Buyer to inform him of the availability or not of the Product (s) ordered ( s).
- 8) In case of confirmation of the availability of the Product (s) by the Seller, the resolving condition attached to the sales contract concluded between the Buyer and the Seller is lifted; the Seller in fact makes a firm commitment to deliver the Products or make them available at the point of sale within the specified period. In the absence of confirmation of the availability of the Product (s) within the period referred to in point 6), or of non receipt of the transfer by LOEN within 5 working days from the date of validation of the order, the contract concluded between the Buyer and the Seller is automatically terminated and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the contract relating to the sale of the unavailable Product (s) is covered by this resolution.
- 9) In the event of confirmation of the availability of all or part of the Products ordered by the Purchaser and of confirmation of receipt of the transfer by LOEN if the Purchaser has chosen this method of payment, said Products are shipped by the Seller or withdrawn. by the Buyer in accordance with the terms set out in article 4.
2- Price and payment
The purchase price of the Product is set by the Seller. It is mentioned in euros including tax on the description sheet, but excluding delivery costs, the latter being specified during the validation of the shopping cart. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Purchaser and are his entire responsibility, both in terms of declarations and payments to the competent authorities and / or bodies. It is up to him to obtain information from the competent authorities.
Payment for purchases made through the Service can be made by credit card with LOEN which collects the corresponding amount, in the name and on behalf of the Seller.
The Purchaser will be debited for the price of the Product purchased plus delivery costs only from the time when the Seller has validated the availability of said Product. In the event of unavailability of the Product, the Purchaser will not be debited and his payment will be canceled. In the event of availability validated by the Seller, the Buyer will be debited with a delay of 5 days from the time he has validated his order.
Payment for purchases made through the Service can also be made by transfer to the LOEN account. The transfer must be made within 5 working days from the date of the order.
3- Payment security
LOEN has chosen efficient and rigorous tools in terms of securing payment methods. LOEN has adopted the PayBox System solution for payment methods, the leader in online payment, using the SSL (Secure Socket Layer) and 3D Secure encryption process, the most efficient security systems at present, and which establish a encrypted connection directly between the Buyer and the bank.
LOEN has no 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 PayBox has confidential information which remains inaccessible to third parties.
Although LOEN uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. LOEN cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from a failure or delay in the transmission of electronic communications, from interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
4- Method and costs of shipping or collection from the Seller
- 4.1 Shipment by the Seller to the Buyer's home The Buyer has the option of having the Work delivered to their home by notifying this when placing their 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 that LOEN has notified him of receipt of payment, is responsible for packaging the Work and making it available to a carrier. Transport costs will be accepted by the Buyer at the time of validation of his shopping cart. Depending on the Buyer's delivery address, different tax rules and other charges may apply. If the Buyer has products shipped from a partner Gallery outside his territory, he may be required to pay import customs duties upon receipt of his products. Neither we nor the Partner Galleries can control these charges and we cannot predict their amount. The Buyer will be responsible for paying these taxes and customs duties not included. The Buyer can contact their local customs office for more information before placing their order. The Seller undertakes to make the Work ordered available to the carrier within the period indicated on the Work sheet from the date of confirmation of availability of the Product ordered; the Vendor making a firm commitment to make the Products available to a carrier within the specified period. The Products are delivered to the address indicated by the Buyer when placing their order and should be delivered no later than 7 working days after confirmation of the availability of the Product to the carrier by the Seller, the time period which may vary from depending on the carrier chosen. It is the sole responsibility of the Purchaser to ensure that the information that he communicates to LOEN for this purpose is and remains correct and that they will enable him to receive the Products that he purchases on the Site. The Seller undertakes to transmit to LOEN, who will then send them to the Buyer, the name of the carrier who took charge of the transport of the Product to the Buyer as well as the parcel number in order to allow the 'Buyer to follow the status of his order on the carrier's site, provided that the latter offers a parcel tracking service. In this context, the Products travel at the risk of the Seller.
- 4.2 Withdrawal from the Seller by the Buyer The Buyer can also collect 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 (shipment or collection from the Seller) that he chooses during the validation process of his order on the Site. In the event of a withdrawal from the Seller, the Buyer will not be required to pay the delivery costs. Once he has placed his order and subject to the actual availability of the Work and the good reception of the transfer by LOEN if the Buyer has chosen this method of payment, the Seller makes the ordered work available to the Buyer within a period specified in the sale announcement and indicated on the Work sheet. The Seller will specify in his space as soon as the Work is available to the Buyer at the point of sale. The Buyer will then receive an email from LOEN to notify him. The Buyer has a period of 15 days from receipt of the email referred to above to collect the work at the address indicated by the Seller. The Seller, provided only that LOEN has confirmed receipt of full payment, will return the work as well as the invoice and the certificate of authenticity to the Buyer after ascertaining the identity of the latter.
5- Right of withdrawal
In accordance with the legal provisions in force, in the context 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 area, has a period of 14 days from receipt of the Product (s) ordered to exercise, from 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 area, this right of withdrawal is not applicable.
The Buyer exercises his right of withdrawal directly from LOEN by sending an email to email@example.com. LOEN will then take care of notifying the Seller by sending an email. LOEN will take care of managing the return of the work and will bear the return costs (which will either be paid by the Buyer and then reimbursed by LOEN or directly paid by LOEN).
LOEN will also reimburse the Buyer for the price of the Work as well as the shipping costs.
LOEN's refunds to the Buyer are made once the Seller has notified LOEN of receipt of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
6- Litigation - Disputes
In general, the Seller undertakes to deliver a quality service to the Buyers.
As such, any Buyer has the possibility of reporting by sending an email to LOEN at the address firstname.lastname@example.org, within 21 days of receipt of any Work, any complaint concerning the Works ordered. , according to the following criteria:
- Product not received: the Product has not been received by the Buyer.
- Non-compliant Product: the Product received does not correspond to the Product ordered.
- Damaged Product: the Product received is damaged or broken
In the event of a claim from a Buyer concerning a Work, once the Seller is informed of the said claim by sending an email from LOEN, the Seller is personally responsible for the resolution of the dispute between him and him. 'Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller shall make its best efforts to resolve the dispute between it and the Buyer amicably.
Depending on the case, the declared dispute will give rise either to the return of the ordered Work and to the reimbursement of the Buyer by LOEN or to the partial or total reimbursement of the Buyer only.
In the event of return of the Work by the Buyer, it will be up to the Seller to organize the return of the Work and to bear all the costs at its expense.
In this case, the price of the Product (s) purchased and the shipping costs paid by the Buyer when placing his order will be refunded by LOEN once the Seller has notified LOEN of receipt. Artwork.
7- Personal data
In addition to article 6 of the Buyer T & Cs and article 8 of the Sellers T & Cs, the Buyer and the Seller are informed that all the data collected as part of the Service when placing orders are processed by LOEN for the purpose of processing said orders.
The information and data of the Buyers relating to the delivery are transmitted by LOEN to the Sellers for the sole purpose of enabling them to ship the Works ordered. They cannot in any case be used for other purposes.
Each Seller has access only to the personal data provided by the Buyers of his Products to LOEN when ordering.
The Sellers undertake to ensure the security of the personal data that they keep for the purposes of carrying out and monitoring orders.
In the event of difficulty concerning the processing of this data, the Buyer and the Seller can contact LOEN directly, under the conditions set, as the case may be, in the Buyer T & Cs or in the Seller T & Cs.
8- Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, regulation or a final decision of a competent court, the other provisions will retain all their force and all their scope.
9- Applicable law
These general conditions are subject to French law. Any dispute relating to their interpretation and / or execution falls under French jurisdiction.