GENERAL CONDITIONS OF USE

Preamble

LOEN, a simplified joint-stock company with a share 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 the number 795 231 422 (hereinafter «LOEN»), is setting up, on www.audreyhacthikiangallery.com (hereinafter the «Site»), a marketplace allowing buyers (hereinafter «Buyers» or «You»), after registration, to enter, through it, into a relationship with professional sellers, also registered on the Site (hereinafter «Vendors» or «Galleries»), with the aim of purchasing works of art (hereinafter the «Products» or «Works») offered at a fixed price (hereinafter the «Service»).

To use the Service, the Buyer must accept to be bound by these General Conditions of Use of the Buyer (hereinafter the «Buyer’s GTC») without restriction or reservation. This acceptance is manifested by a click of validation when registering on the Service.

Sales made through the Service between Buyers and Sellers are governed by the Service’s General Terms of Sale (hereinafter the «GTC»), which must also be accepted by the Buyer at each purchase; they supplement these Buyer GTC.

LOEN reserves the right to modify these Terms of Use. Any modification will take effect immediately for the Online Products upon their publication on the Site.

1- Object

The purpose of these Terms and Conditions for Buyers is to define the conditions under which LOEN makes technological tools available to Buyers as part of the Service for the purpose of purchasing Products from Sellers.

2- Description of the Service

The Service consists of a set of tools allowing Buyers to register on the Site, to connect with Sellers in order to place orders for Products, to settle the price of the Products and to confirm the receipt of the Products.

The transactions carried out through the Service for the purpose 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. Therefore, the Products purchased through the Service may not be returned or exchanged by LOEN.

However, in a constant effort to improve the quality of its services and to better select its partners, LOEN invites you to share with it any comments and suggestions that you may wish to bring to its attention regarding the quality of the transactions carried out through the Service.

To that end, LOEN provides you with a contact form.

In the event of non-compliance with these Terms of Use by the Buyer, LOEN reserves the right to temporarily or permanently suspend access to the Service for the relevant Buyer.

Each Buyer undertakes to conclude the purchases in good faith.

3- Access to the Service

In addition to accepting these Terms of Use, access to the Service is subject to opening an account on the Site. To do this, you must provide the data necessary to identify you. When opening this account, you agree to provide only accurate information and to promptly inform LOEN of any changes affecting you using the contact form.

To use the Service, You must use the identifier and password created when opening Your account. You agree to keep them secret and not disclose them to any third party. Indeed, You will be solely responsible for accessing the Service using your identifier and password, unless proof of fraudulent use is provided that is not attributable to You.

In the event of loss, misappropriation, or fraudulent use of your login and/or password, you agree to immediately notify LOEN using the contact form.

4- Service Award

Opening an account and using the Service are free of charge (excluding any connection costs, the price of which depends on your electronic communications operator), without any obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to payment, in accordance with the conditions set out in the Terms and Conditions.

5- Personal data

The information and data concerning you are processed by LOEN. Unless otherwise stated, they are essential for managing your account and accessing the Service. The information necessary for delivery will be transferred to the Seller for this sole purpose. This information and data is also retained for security purposes, in order to comply with the legal and regulatory obligations of LOEN, where applicable, and to allow us to improve and customize the services we offer you and the information we provide to you.

In accordance with the law known as the « Data Protection and Electronic Communications Act » of 6 January 1978, you have the right to object, access, rectify and delete personal data concerning you, under the conditions provided by law. To exercise these rights, you simply need to write to us online via the contact form or by post to LOEN SAS, 4, Rue du Docteur Blanche 75016 Paris, indicating your name, surname, email address and address. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specifying 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 may receive offers from our company and our partners, depending on the choices you made when creating or accessing your account. If you no longer wish to receive them, you can request to stop receiving them at any time by specifying this in the «My Account» section.

The Site is also designed to be particularly attentive to the needs of our customers. This is among other reasons why we use cookies. The purpose of the cookie is to record your visit to the Site. Cookies are therefore only used by LOEN for the purpose of improving the personalized service that is intended for you.

6- Intellectual property

All texts, comments, works, illustrations, works of art and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law for the entire duration of the protection of these rights and worldwide. In this regard and in accordance with the provisions of the Code of Intellectual Property, only private use is permitted, subject to different or more restrictive provisions of the Code of Intellectual Property.

The website www.audreyhacthikiangallery.com is registered with the CNIL (National Commission for Information Technology and Liberties) under the number 1651626.

Any reproduction, representation, modification or partial or total adaptation of the Site and/or of any or all of the elements contained on the Site or incorporated therein is strictly prohibited.

Purchasers undertake to make their best efforts to notify LOEN of any violation of intellectual property rights that they may discover.

7- Liability and guarantees

The use of the Site implies knowledge of and acceptance of the characteristics and limitations of the Internet, or of the translations of the Site into languages other than French, in particular those relating to technical performance; response times for accessing, querying or transferring information; and the risks inherent in any connection and transmission over the Internet.

Consequently, in the absence of any fault on its part, LOEN will not be liable for any damage that a Buyer may suffer, including but not limited to:

• loss of business or information resulting from possible malfunctions, breakdowns, delays or interruptions in access to the Internet network;
• the transmission and/or reception of any data and/or information on the Internet;
• consequences of any virus, computer bug, anomaly, technical failure;
• from the failure of any receiving equipment or communication lines;
• the loss of any electronic mail and, more generally, the loss of any data;
• of any damage caused to the computer, PDA or smartphone, etc., by an Internet user who connects to the Site;
• any technical, hardware or software failure of any nature that has prevented or limited the ability to use the Site or has damaged the system of an Internet user who connects to the Site;
• of any failure or manifest error (including technical, material, software, pricing display, translation, etc., of any nature, which prevented or limited the ability to use the Site or misled a user who connects to the Site);
• indirect damage.

It is the responsibility of every Internet user to take all appropriate measures in order to: (i) protect their own data and/or software stored on the computer equipment they connect to the Site against any tampering; (ii) be able to assess whether there is a manifest error in the information displayed on the Site (by sending an email via the contact form) so that any necessary verification can be carried out, if necessary, to correct the erroneous information.

LOEN’s liability towards the Buyer can only be incurred for acts that are exclusively attributable to it and that cause it damage directly related to those acts. It cannot be incurred for indirect damages. LOEN’s liability cannot also be incurred due to the improper use of the Service by the Buyer or any fault on its part. It cannot be incurred for acts attributable to a third party to the Service.

By using the Site, the Buyer declares that he is fully aware of the characteristics and constraints of the Internet, that he is solely responsible for the information he provides as part of his account on the Site and for his relations with the other users of the Service.

Furthermore, in accordance with Articles 6-I, 2 and 3 of Law No. 2004-575 of June 21, 2004 on trust in the digital economy, LOEN cannot be held liable for the content made available on the Site by Buyers or Sellers, particularly regarding the description of the Products, unless it made them immediately inaccessible after being informed of their illegality under the conditions provided by that law.

Finally, LOEN disclaims any responsibility regarding the sales concluded by Buyers through its Service with the Sellers, to which it remains indifferent. Any complaint regarding the comments included in the product descriptions or regarding the delivery of the Products will be directed to the designated Seller, who shall assume full and sole responsibility in this regard.

The Buyer is solely responsible for the use they make of the Service.

The Buyer undertakes, upon request, including in the event of a non-final judicial decision, to indemnify and compensate LOEN for any damage, loss, loss of profit, claim, liability and expenses, including the fees and costs of advice that LOEN may be required to bear if its liability were incurred by a third party due to a claim or action related to the use of the Service by the Buyer.

Purchasers are informed that LOEN may communicate all information relating to them, including personal data, to the competent services responsible for combating fraud and offenses.

8- Partial nullity

If one or more of the provisions of these Terms of Purchase are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

9- Duration and validity

The Buyer is subject to these GTC from the moment of registration on the Site until the deletion of their account, regardless of whether they have made any transactions on the Site.

LOEN reserves the right to modify these Terms of Use at any time.

The modified Buyer Terms and Conditions will be posted on the Site. The Buyer will be kept informed of the changes by receiving an email from LOEN at the email address provided by the Buyer during registration for the Service.

The applicable Buyer Terms and Conditions are those in force on the day the Buyer uses the services of the Site.

10- Applicable law

These Terms and Conditions of Purchase are governed by French law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the French courts.

GENERAL CONDITIONS OF SALE

Preamble

These General Terms and Conditions of Sale (hereinafter the «GTC») apply, in addition to the Buyer’s GTC and, in respect of the Seller’s GTC, in addition to the Seller’s GTC, which define the capitalized terms used in these GTC.
The Terms and Conditions 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, excluding those that arise between the Buyers and LOEN or between the Sellers and LOEN. The relations between the Buyers and LOEN are governed by the Buyer Terms and Conditions. The relations between the Sellers and LOEN are governed by the Seller Terms and Conditions.
LOEN is not the seller of the Products purchased through the Service; only the Seller, whose name is indicated on the descriptive sheet of each Product, is the co-contractor of the Buyer for the purchase of said Products. Therefore, the Products may not be taken back 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 that enables the Buyer to know their essential characteristics and price.
• 2) The Buyer selects the Artwork(s) that he/she wishes to purchase.
• 3) He confirms his choice of product(s), takes note of and accepts the present GTC by clicking on the validation button. He chooses his payment method between a payment by bank card or a bank transfer to the account of LOEN. If he chooses payment by bank card, he immediately proceeds to the payment. If he chooses payment by bank transfer, he proceeds with this transaction as quickly as possible so that the payment is actually received within 4 working days in the bank account of LOEN.
• 4) The Buyer receives an email confirming the acceptance of their order. However, the sales contract concluded between the Buyer and the Seller is subject to the conclusive condition that the Product is available and that the transfer has indeed been received if the Buyer has chosen this payment method.
• 5) The Seller is informed by LOEN that one or more of the Works that he has uploaded have been the subject of an order.
• 6) The Seller undertakes to confirm and/or to deny the availability of the Product(s) ordered by the Buyer within 5 days of receiving the information as mentioned in point 5). In the event that a single Product is ordered by several Buyers at the same time, and depending on the availability of that Product (unique work), it will only be sold to the first Buyer who registers their order. The order will then be cancelled for the other Buyers.
• 7) Once the availability of the (the) Product(s) has been confirmed or denied by the Seller, an email is sent by LOEN to the Buyer to inform them of the availability or not of the (the) Product(s) ordered.
• 8) In the event that the Seller confirms the availability of the (the) Product(s), the conclusive condition attached to the sales contract concluded between the Buyer and the Seller is lifted; the Seller hereby formally undertakes to deliver the Products or make them available at the point of sale within the specified timeframe. In the absence of confirmation of the availability of the (the) Product(s) within the timeframe specified in point 6), or of 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 shall be automatically dissolved and each party shall be released from its obligations. In particular, the Buyer is assured that his/her bank account will not be debited. However, only the contract relating to the sale of the (the) Product(s) not available shall be subject to this resolution.
• 9) In the event of confirmation of the availability of all or part of the Products ordered by the Buyer and of confirmation of the receipt of the transfer by LOEN if the Buyer has chosen this payment method, said Products are dispatched by the Seller or collected by the Buyer in accordance with the procedures set out in Article 4.

2- Price and payment

The purchase price of the Product is set by the Seller. It is stated in euros, including VAT on the descriptive sheet, but excluding delivery costs, which are specified during the validation of the purchase basket. If customs duties, local taxes or import duties are due, these duties are the responsibility of the Buyer and are entirely their responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. It is their responsibility to check with the competent authorities.

The purchase made through the Service can be paid by credit card to LOEN, which will receive the corresponding amount on behalf of and for the account of the Seller.

The Buyer will be charged the price of the purchased product plus the delivery costs from the moment the Seller has confirmed the availability of said product. In the event of unavailability of the product, the Buyer will not be charged and their payment will be cancelled. In the event of availability confirmed by the Seller, the Buyer will be charged with a delay of 5 days from the moment they have validated their order.

Purchases made through the Service can also be paid by bank 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 to use highly effective and rigorous tools in terms of the security of payment methods. LOEN has adopted the PayBox System payment solution, a leader in online payment, which uses the SSL (Secure Socket Layer) encryption method and 3D Secure, the most advanced security systems currently available, establishing an encrypted connection directly between the Buyer and the bank.

LOEN has in no way access to the confidential information regarding the payment method that the Customer uses during the payment. That is why the Customer’s bank details will be requested each time a new order is placed. Indeed, only PayBox has the confidential information that remains inaccessible to third parties.

Although LOEN uses encrypted security software, the security of information and payments transmitted via the Internet or via email cannot be guaranteed. LOEN cannot be held liable for damages resulting from the use of electronic communication means, including (but not limited to) damages resulting from the failure or delay in transmitting electronic communications, the interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

4- Mode and shipping or pickup fees at the Seller

• 4.1 Shipment by the Seller to the Buyer’s home The Buyer has the option of having the Artwork delivered to their home by notifying the seller during the ordering process. The Artwork is delivered to the address provided by the Buyer during the ordering process. In this case, the Seller, subject to having confirmed the availability of the Artwork and having notified LOEN of the receipt of the payment, will pack the Artwork and make it available to a carrier. The shipping costs will be accepted by the Buyer at the time of validating their shopping cart. Depending on the delivery address of the Buyer, different tax rules and other fees may apply. If the Buyer orders products from a partner gallery outside their territory, they may be required to pay import duties upon receiving their products. Neither we nor the partner galleries can control these fees and we cannot predict their amount. The Buyer shall be responsible for the payment of these taxes and duties not included. The Buyer may contact their local customs office for more information before placing their order. The Seller undertakes to make the ordered work available to the carrier within the timeframe indicated on the product fiche from the date of confirmation of the availability of the ordered product; the Seller hereby makes a firm commitment to make the Products available to a carrier within the stated timeframe. The Products are delivered to the address indicated by the Buyer during the ordering process and should be delivered no later than 7 working days after confirmation of the availability of the product by the seller, the timeframe being subject to variation depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information they provide to LOEN for this purpose is and remains correct and that it will enable them to receive the Products they purchase on the Site. The Seller undertakes to provide LOEN with the name of the carrier who will then forward the information to the Buyer, as well as the package number and the carrier’s contact details, in order to enable the Buyer to track the status of their order on the carrier’s website, provided that the carrier offers a package tracking service. In this context, the Products are transported at the risk of the Seller.

• 4.2 Return by the Buyer to the Seller The Buyer can also pick up the Artwork or the ordered works directly at the Seller’s point of sale. The Buyer indicates for each Artwork the delivery method (shipping or pickup at the Seller’s location) that he/she chooses during the validation process of his/her order on the Site. In the case of pickup at the Seller’s location, the Buyer will not be required to pay the delivery fees. Once he/she has placed his/her order and subject to the actual availability of the Artwork and the successful receipt of the transfer by LOEN if the Buyer has chosen this payment method, the Seller will make the ordered Artwork available to the Buyer within a timeframe specified in the sales announcement and indicated on the Artwork’s fiche. The Seller will then notify the Buyer via their online space as soon as the Artwork is available at the point of sale. The Buyer will then receive an email from LOEN to inform them. The Buyer has 15 days from the receipt of the email referred to above to pick up the work at the address indicated by the Seller. The Seller, provided that LOEN has confirmed receipt of the full payment, will return the work, the invoice and the certificate of authenticity to the Buyer after verifying the identity of the latter.

5- Right of withdrawal

In accordance with the legal provisions in force, within the framework of a purchase made from a professional seller established in the European Economic Area (EU member countries as well as Iceland, Norway and Liechtenstein), the Buyer, if he/she is a national of that area, has a period of 14 days from the receipt of the ordered Product(s) to exercise his/her right of withdrawal with said seller, 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 themselves a national of that area, this right of withdrawal does not apply.

The Buyer exercises their right of withdrawal directly with LOEN by sending an email to the address contact@hatchikiangallery.com. LOEN will then notify the Seller by sending an email. LOEN will handle the return of the work and will bear the costs of returns (which will either be paid by the Buyer and then refunded by LOEN or directly paid by LOEN).

LOEN will also reimburse the Purchaser for the price of the Artwork as well as the shipping costs.

LOEN’s refunds to the Buyer will be made once the Seller has notified LOEN of the proper receipt of the work.

The work must be returned in perfect condition by the Purchaser and in its original packaging (or equivalent).

6- Disputes – Contradictions

In general, the Seller undertakes to provide a quality service to the Buyers.

In this capacity, all Buyers have the option to report any claim regarding the ordered works by sending an email to LOEN at the address contact@audreyhacthikiangallery.com within 21 days of receiving any work, following the following criteria:

•     Product not received: The Product has not been received by the Purchaser.
•     Incompatible product: The product received does not match the product ordered.
•     Damaged product: The product received is damaged or broken

In the event of a claim by a Buyer regarding a Work, once the Seller has been informed of said claim by sending an email from LOEN, the Seller will resolve the dispute directly with the Buyer. Disputes are resolved directly between the Buyer and the Seller. The Seller must make every effort to resolve the dispute amicably with the Buyer.

Depending on the case, the declared dispute will result either in the return of the ordered Work and the reimbursement of the Purchaser by LOEN, or in a partial or total reimbursement of the Purchaser only.

In the event of the Artwork being returned by the Purchaser, it shall be the Seller’s responsibility to arrange for the return of the Artwork and to bear all the costs associated with it.

In this case, the price of the purchased Product(s) and the shipping costs paid by the Buyer during the order process will be refunded by LOEN once the Seller has notified LOEN of the proper receipt of the work.

7- Personal data

In addition to Article 6 of the Buyer Terms and Conditions and Article 8 of the Seller Terms and Conditions, the Buyer and the Seller are informed that all data collected as part of the Service during the placing of orders are processed by LOEN for the purpose of processing those orders.

The information and data of the Buyers relating to delivery are transmitted by LOEN to the Sellers solely for the purpose of enabling them to ship the ordered Works. They may in no case be used for any other purpose.

Each Seller has access only to the personal data provided by the Buyers of their Products to LOEN during their order.

The Sellers undertake to ensure the security of the personal data they retain for the purposes of fulfilling and monitoring orders.

In case of difficulty regarding the processing of these data, the Buyer and the Seller may contact LOEN directly, under the conditions set forth, as appropriate, in the Buyer’s Terms of Use or the Seller’s Terms of Use.

8- Partial nullity

If one or more of the provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

9- Applicable law

These general conditions are subject to French law. Any dispute relating to their interpretation and/or execution will be subject to the jurisdiction of the French courts.