General terms and condition of sale - Customers

Updated general terms and conditions of sale of 14 December 2019



DEFINITIONS

For the purposes of these General Terms and Conditions of Sale, all the following terms, capitalized, have the meanings indicated below and are understood in both the singular and plural:

 

  • ARTSKOP3437 : 

French simplified joint stock company (SAS) with a capital of €15,000, whose registered office is located at 12 rue Esprit des Lois, 33000 Bordeaux (FRANCE), duly registered in the France Trade and Companies Register under number 840 890 51;

  • GTU : 

Refers to the General Terms and Conditions of Use of the ARTSKOP3437 Website;

  • GTC : 

Refers to the General Terms and Conditions of Sale of the ARTSKOP3437 Site;

  • Client : 

Physical or legal person having purchased a Work on the ARTSKOP3437 website; 

  • Consumer Client : 

"Any physical person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity" (introductory article of the Consumer Code);

  • Professional Client : 

"Any physical or legal person, public or private, acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional" (introductory article of the Consumer Code);

  • Client account :

Access system reserved for Clients, requiring a unique username and password and allowing access to the ARTSKOP3437 website features;

  • Personal data :

Refers to any information relating to an identified or identifiable physical person ; an "identifiable physical person" is defined as a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity;

  • Day(s):

Refers to a calendar day in France;

  • Delivery :

Refers to the provision to the Client of the artwork he has ordered on the ARTSKOP3437 Website;

  • Artworks :

Refers to artistic works as well as all works defined in ARTICLE 6 hereof;

  • Business partners :

Refers to legal entities specialized in the sale of works of art, such as art galleries, museums, foundations, art centres, art fairs, artist studios, and which are linked to ARTSKOP3437 by a commercial partnership contract;

  • Part(s) :

Person who has signed and adhered to the T&Cs and the principles and obligations they contain;

  • Prices :

Refers to the price indicated on the ARTSKOP3437 Website for the purchase of Artworks;

  • ARTSKOP3437 website : 

The ARTSKOP3437 Internet Site allowing Users to access the Services, namely: www.artskop.com ;

  • Third parties :

Refers to natural or legal persons who are not bound by common ownership or control of ARTSKOP3437 or other individuals unrelated to ARTSKOP3437 and/or the User;

  • User: :

Refers to any natural or legal person accessing the ARTSKOP3437 Website.



ARTICLE 2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE FOR CLIENTS

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded through the Website held by ARTSKOP3437 and carried out between a Commercial Partner and a Client.

As a marketplace, ARTSKOP3437 acts as an intermediary between the referenced Commercial Partner and the Client.

In particular, they specify the conditions for ordering, payment, delivery and management of any returns of Works ordered by Clients.

These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in physics in art galleries or through other distribution and marketing channels.

These GTCs are accessible at any time on the ARTSKOP3437 Website https://artskop.com/terms/ and will prevail, if necessary, over any other version or any other contradictory document.

These General Terms and Conditions applicable between the Commercial Partner and the Customer are intended to be in addition to the General Terms and Conditions intended to determine all the obligations of the Users of the Website and to the agreements concluded, where applicable, between the Commercial Partner and ARTSKOP3437.



ARTICLE 1 - RELATIONS BETWEEN THE PARTIES

 

It is recalled that ARTSKOP3437 is only involved in the sales process as a marketplace. 

In this respect, the sale is exclusively concluded between the Business Partner and the Customer. ARTSKOP3437 is in no way responsible for the elements relating to the sales relationship between the Business Partner and the Client. 

Consequently, ARTSKOP3437 does not hold any Artwork for sale or sold on its Website, and does not intervene in any way during the fixing of the price, which remains the sole responsibility of the Business Partner.

The sales contract is concluded exclusively and directly between the Business Partner and the Client. 

It is thus recalled that ARTSKOP3437 only exercises prior control over the professional quality of the Business Partners referenced on the Site but does not carry out any control over the quality of the Works, the veracity or accuracy of the presentation of the Works, the ability of the Business Partners to sell said objects or the availability of the Works, which is updated by the Business Partner exclusively. 



ARTICLE 2 - ACCEPTANCE OF THE GENERAL CONDITIONS OF USE AND SALE

The Client Terms and Conditions are accepted by any Client who registers and/or places an order on the ARTSKOP3437 Website.

The Client declares that he/she has read these GTC and the General Terms and Conditions of Use of the ARTSKOP3437 Website and has accepted them by ticking the box provided for this purpose when registering and/or placing an order. 

The Client's registration on the ARTSKOP3437 Site constitutes acceptance without restriction or reservation of these GTC. 

The Client who accepts the Client Terms and Conditions also accepts:

  • The Terms and Conditions of the ARTSKOP3437 Website ;
  • services, their provision and execution;
  • the Awards ;
  •  all payment methods available on the ARTSKOP3437 Website;
  • all elements relating to the Services offered and exclusively described on the ARTSKOP3437 Website;
  • any informative and/or complementary document regarding the ARTSKOP3437 Website, the Services and their use provided by ARTSKOP3437;
  • any dispute over any of these points shall be settled in accordance with the last article of these GTC.

The ARTSKOP3437 Website and the Services are intended only for adults and persons of legal age and with legal capacity as well as legal entities duly represented. Any registration on the ARTSKOP3437 Website by a person under the age of majority or incapable is strictly prohibited, unless prior and express consent has been obtained from their legal representatives. 

By registering on the ARTSKOP3437 Website, the Client declares and guarantees to be of full age and to have full legal capacity.

 

ARTICLE 3 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE 

These GTC may be modified at any time by ARTSKOP3437, unilaterally and without notice. 

The version applicable to the Client's purchase is the one in force on the ARTSKOP3437 Website on the date of placing the order, any new order placement entailing acceptance, where applicable, of the new GTC applicable on the date of this new order placement.

Any modification of the GTC is the subject of information for the Client from the ARTSKOP3437 Website.



ARTICLE 4 - RIGHT AND TIME LIMIT FOR WITHDRAWAL

1) THE CONSUMER CLIENT WITHIN THE MEANING OF THE CONSUMER CODE

  • The purpose of this document is to remind you of the principles relating to "distance selling" governed by the provisions of Articles L221-5, L111-1, L111-2 and R111-1 of the French Consumer Code in particular.
  • Right of withdrawal relating to the subscription of a Client Account.

The Client understands and accepts that the Services will be provided upon registration. 

The Services will therefore be fully performed before the end of the fourteen (14) calendar day withdrawal period available to the Customer. The Client therefore expressly waives his right of withdrawal by ticking the box provided for this purpose (Article L. 221-28 of the Consumer Code).
Right of withdrawal relating to the purchase of a Work

When purchasing a Work, the Client Consumer established within the European Economic Area has a right of withdrawal of 14 days from the receipt of the good by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods.

If the 14-day period expires on a Saturday, Sunday or public or non-working day, it is extended to the nearest working day.In the event of withdrawal, the Client will be fully refunded the costs paid within 14 days of receipt of the product by the Seller, including delivery and related costs.

The trader is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method and the reimbursement of the delivery costs will be based on a standard delivery (art. L221-24 of the French Consumer Code).

Any Work damaged by the Client may not be retracted.

 

2) THE PROFESSIONAL CLIENT IN THE SENSE OF THE CODE OF CONSOMMATION

Pursuant to Article L121-16-1 III of the Consumer Code, the Professional Client, as defined in this Article of the Consumer Code, shall not benefit from a right of retraction.

 

ARTICLE 5 -  PRESENTATION OF THE WORKS ON THE SITE

The Works offered for sale on the ARTSKOP3437 Site are mainly the following:

  • Tables;
  • Photographs;
  • Sculptures;
  • Drawings;
  • And works on paper. 

The main characteristics of the Works, and in particular the specifications and indications of the dimensions or capacity of the Works, are presented on the ARTSKOP3437 Website.

The Customer is required to read it before placing any order.

The choice and purchase of a Work is the sole responsibility of the Client.

The Client is required to refer to the description of each Work in order to know its properties and essential features.

In case of doubt concerning a Work or any other element, the Client may consult the digital content from the ARTSKOP3437 Website or contact ARTSKOP3437 : 

to the following email address: contact@artskop.com

Offers of Works are within the limit of the Works available, as specified at the time of placing the order.

 

ARTICLE 6 - PRICES OF WORKS

The Works are provided at the current rates shown on the ARTSKOP3437 Website when the order is registered by ARTSKOP3437, subject to availability on that date. Prices are expressed in Euros, Dollars and Pounds Sterling excluding tax. 

ARTSKOP3437 reserves the right to modify its prices at any time but the Works will be invoiced on the basis of the prices in force at the time the order is placed, subject to availability on that date.

The prices take into account any discounts that may be granted by ARTSKOP3437 on the ARTSKOP3437 Website.These prices are firm and cannot be revised during their period of validity, as indicated on the ARTSKOP3437 Website, ARTSKOP3437 reserves the right, outside this period of validity, to modify the prices at any time. 

They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the ARTSKOP3437 Website and calculated before the order is placed.

In addition, tariffs do not include customs duties. It is the Client's responsibility to find out about the customs legislation applicable in the destination country. The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is issued by ARTSKOP3437 and delivered to the Client electronically upon receipt of payment for delivery of the ordered Works.

 

ARTICLE 7 - DELIVERY COSTS

The amount of delivery charges is calculated for each Work according to the country of destination, or the weight of the Work ordered. 


ARTICLE 8 - ORDER PROCESS

1) PRIOR CREATION OF A CUSTOMER ACCOUNT

To order Works from the ARTSKOP3437 Site, the Client is required to create a Client Account in advance. 

The procedure for creating an Account is specified in the GTU. 

2) SELECTION OF WORKS

The Client has complete freedom in the choice of the Works ordered, subject to their availability.

3) ORDER VALIDATION

It is the Client's responsibility to select on the ARTSKOP3437 Website the Works he wishes to order. 

In addition, the Works that the Client wishes to order may be booked for twenty-four hours on the ARTSKOP3437 Website, without additional charges. 

 Thus, the command displays: 

  • The name and contact details of the Business Partner;
  • the nature of the Work(s) selected by the Client;
  • the description of the Work(s);
  • the quantities;
  • availability;
  • the price excluding VAT of the Works selected by the Client;
  • the cost excluding VAT and including VAT of delivery;
  • the total amount of the order including the cost of delivery, if applicable;
  • VAT and other applicable taxes (excluding customs duties) applicable to the order.

However, in order to validate his order, additional information will be requested: 

3.1) For Individual Clients acting in a private capacity:

  • Billing address;
  • Delivery address (if different) ; 

3.2) For Clients acting in a professional capacity: 

  • Company name (if applicable) ;
  • Billing address ;
  • Delivery address (if different) ;
  • SIREN number (if applicable) ;
  • Intracommunity VAT number if applicable).

The contractual information is presented in English and is subject to electronic confirmation at the latest at the time of validation of the order by the Client.

The offers of Works are valid as long as they are visible on the ARTSKOP3437 Website, within the limit of the availability of the Works.

 

ARTICLE 9 - ORDER CONFIRMATION

The sale will only be considered final after the Customer has received confirmation of acceptance of the order by ARTSKOP3437 by e-mail. 

After having selected and validated his payment and to validate his order, the Customer must confirm to ARTSKOP3437 that he has read and accepts the GTC by clicking on the box provided for this purpose on the one hand and click on "I finalize my order".

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). 

This validation implies the acceptance of all the present GTC and constitutes proof of the sales contract.

It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the ARTSKOP3437 Website constitutes the formation of a contract concluded at a distance between the Client and ARTSKOP3437.

 

ARTICLE 10 - PAYMENT OF THE ORDER 

The amount due by the Client is the amount indicated on the order confirmation validated by the Client and sent by email to the Client.

ARTSKOP3437 reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

 

ARTICLE 11 - CUSTOMER INFORMATION

Any order validated by the Client will be confirmed by email including these General Terms and Conditions of Sale as well as the price paid and the corresponding invoice. 

 

ARTICLE 12 - TERMS OF PAYMENT

The price is payable in cash, in full on the day the order is placed by the Client, by means of secure payment, in accordance with the following terms and conditions:

  • by credit card: Visa, MasterCard ;
  • or by SEPA and international credit transfer. 

Works are payable through a secure online payment. In this context, the Client must provide his bank details when placing the order. 

Prices are available on the Website. Commercial offers, promotions and/or discounts may be offered.

During a payment, ARTSKOP3437 uses the means of an external payment service provider in order to guarantee the fluidity and quality of its services. 

Concerning online payment, ARTSKOP3437 uses the company MANGOPAY.

 MANGOPAY's privacy policy is available at the following address: https://www.mangopay.com/fr/privacy/ 

In particular, the service provider collects, during a payment, Personal Data concerning your means of payment (credit card number, expiry date of the credit card, visual cryptogram, the latter not being kept, etc.).

It is recalled that ARTSKOP3437 does not collect and holds any banking data directly.

 

ARTICLE 13 - PROOF OF THE TRANSACTION

Unless proven otherwise, the data recorded in ARTSKOP3437's computer system constitutes proof of all transactions concluded with the Client.

 

ARTICLE 14 - DELIVERY

1) DELIVERY

The ordered Works are delivered within fourteen working days at the latest from the day following that of the Client's validation of his order.

Delivery will be made to the address indicated by the Client when placing his order on the ARTSKOP3437 Website. 

The Works ordered by the Client will be delivered in metropolitan France, and in the following countries: United States, United Kingdom, South Africa, Member States of the European Union.  

Orders to other non-listed countries will be considered on a case-by-case basis by ARTSKOP3437.

Delivery consists of the transfer to the Client of physical possession or control of the Work.

Except in special cases or if one or more Works are unavailable, the ordered Works will be delivered at once.

In this respect, in the presence of a grouped order, the ordered Works will be delivered individually. 

ARTSKOP3437 undertakes to make its best efforts to deliver the Works ordered within a maximum period of fourteen (14) working days from the day following the day on which the Client confirms his order. Deliveries cannot be made on Sundays and public holidays. 

However, if the Works ordered have not been delivered within 14 days after the scheduled delivery date, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in Articles L 216-2 L 216-3 and L241-4 of the Consumer Code. 

The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of a particular request from the Client concerning the conditions of packaging or transport of the ordered Works, duly accepted in writing by ARTSKOP3437, the related costs will be the subject of a specific additional invoice, on the basis of an estimate previously accepted in writing by the Client.


2) DELIVERY METHODS

 The Works are delivered by ARTSKOP3437's business partner by the carrier of its choice. 

 

ARTICLE 15 - TRANSFER OF OWNERSHIP & TRANSFER OF RISK

1) TRANSFER OF OWNERSHIP

The transfer of ownership of the Works of ARTSKOP3437's Business Partners to the Client will only be carried out after full payment of the price by the latter, regardless of the delivery date of the said Works.

2) RISK TRANSFER

Regardless of the date of transfer of ownership of the Works, the transfer of the risks of loss and deterioration relating thereto shall not take place until the Client has taken physical possession of the Works (Art. L 216-4 of the Consumer Code). 

The Works therefore travel at the risk and peril of the Business Partner.

 

ARTICLE 16 - VERIFICATIONS TO BE CARRIED OUT BY THE CLIENT

On delivery of the Work, the Client undertakes to personally inspect the Work or have it inspected by a Third Party and to notify ARTSKOP3437 and the Business Partner of any defect noted within a maximum period of 14 days.

 

ARTICLE 17 - GUARANTEES

Works provided by Business Partners benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:

  • of the legal guarantee of conformity, for Works that are apparently defective, damaged or damaged or do not correspond to the order.
  • of the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Works delivered and rendering them unfit for use.

 

1) LEGAL GUARANTEE OF CONFORMITY  

The Trading Partner guarantees the Work's non-conformity with the contract under the conditions of Article L211-2 et seq. of the Consumer Code.

It is recalled that as part of the legal guarantee of conformity, the Client:

  • has a period of two years, from the delivery of the property, to take action against the Business Partner;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
  • is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the Wor
  • The Client may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case,
  • the Client may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.

In the event of a lack of conformity existing at the time of delivery, the Business Partner undertakes to do what is possible and reasonable:

  • or to replace the Work by an identical Work (with regard to the Works available);
  • or to exchange the Work with a Work of equivalent quality and price (with regard to the Works available);
  • or to refund the price of the Work within 30 days following the exercise by the Client of the legal guarantee of conformity, if replacement by an identical or equivalent Work proves impossible.

 

ARTICLE 18 - LEGAL WARRANTY FOR HIDDEN DEFECTS

The Business Partner guarantees the hidden defects of the Work sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

Four conditions must be met:

  1.  the defect or defect prevents the Client from making normal use of the Work;
  2. at the time of purchase, the Client could not detect the defect or defect affecting the Work
  3.  the defect or defect must not be the consequence of misuse of the Work;
  4. the Client must act within two years from the day on which he discovered the defect or defect to demand the benefit of this guarantee.

If these four conditions are met, the Customer has the choice between :

  1. return the purchased Work and be reimbursed for the price paid;
  2. keep the Work and request a partial refund of the price paid.

 

ARTICLE 19 - COMMERCIAL GUARANTEE

The Works delivered by ARTSKOP3437's Business Partners are not subject to any contractual guarantee.

 

ARTICLE 20 - EXERCISE OF LEGAL GUARANTEES

In order to assert its rights, the Client must inform ARTSKOP3437 and the Business Partner, in writing, of the non-conformity of the Works within a maximum period of 14 days from the delivery of the Works or the existence of hidden defects within the above-mentioned deadlines and return the defective Works in the condition in which they were received with all the elements.

ARTSKOP3437 will refund, replace or have repaired Works or parts under warranty deemed non-compliant or defective.

Where applicable, refunds will be made for Works deemed non-compliant or defective. as soon as possible and at the latest within thirty (30) days following the observation by ARTSKOP3437 of the lack of conformity or latent defect.

The refund will be made by crediting the Client's bank account 


ARTSKOP3437 cannot be held liable in the following cases: 

  • non-compliance with the legislation of the country in which the Works are delivered, which it is the Client's responsibility to check;
  • in the event of misuse, professional use, negligence or lack of maintenance on the part of the Client, such as normal wear and tear of the Work, accidents or force majeure.

ARTSKOP3437's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Works.

 

The Customer can contact ARTSKOP3437:

  • by post to the following address: ARTSKOP3437, 12 rue Esprit des Lois, 33000 BORDEAUX, FRANCE ;
  • or by email at contact@artskop.com ;

 

ARTICLE 21 - CLOSURE OF THE CLIENT ACCOUNT

 1) Closing of the Account by the Client

At any time, the Client is entitled to unsubscribe from the Website.

The Client can terminate his Customer Account from his personal online space. In this respect, a proof of identity could be requested in order to validate its closure, particularly in the event of an order in progress.

2) Closing of the Account by ARTSKOP3437


ARTSKOP3437 may delete a Client's Account in the event that: 

  • Non-compliance by the Client with these Client GTCs or the Site GCU, without notice or compensation; 
  • Inactivity of the Account (no connection to the Account) for a continuous period of 24 (twenty-four) months, in accordance with THE Data Protection Policy. In this respect, ARTSKOP3437 would inform the Client concerned of the upcoming closure of his Client Account and its consequences, at least 1 month before deactivation. In the absence of a reply or in the event of a reply confirming the deletion, the Client Account will be definitively deleted.

 ARTICLE 22 - Consequences of closing the Client Account

In the event of the closure of his Account, all Data relating to the Client would simply be permanently and securely deleted.

The Client would no longer be able to access his Account or the Data stored by ARTSKOP3437.

However, some strictly anonymous and statistical Data may be kept by ARTSKOP3437.

 

ARTICLE 23 - PRE-CONTRACTUAL INFORMATION & ACCEPTANCE

By accepting these General Terms and Conditions of Services, the Client acknowledges that all the information referred to in Article L. 221-5 of the Consumer Code has been communicated to him in a readable and understandable manner, namely:

  • information relating to the identity of the Service Provider and its contact details;
  • the functionalities of digital content and, where applicable, its interoperability;
  • the essential characteristics of the Services, taking into account the communication medium used and the Service concerned; 
  • the price of the Services and related costs;
  • the date or period within which the Supplier undertakes to provide the Services ordered;
  • information relating to the right of withdrawal;
  • l The payment methods accepted.

 

ARTICLE 24 - IMPREVISION 

In the event of a change in unforeseeable circumstances at the time of the conclusion of these General Terms and Conditions, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not accepted to assume an excessively onerous performance risk may request a renegotiation of the contract from its co-contractor.

However, if the change in unforeseeable circumstances at the time the contract was concluded was definitive or lasted longer than three months, these terms and conditions shall be purely and simply resolved in accordance with the procedures defined in the article "RESOLUTION FOR IMPREVISION".

 

ARTICLE 25 -  FORCED EXECUTION IN NATURE

In the event of a breach by either Party of its obligations, the defaulting Party shall have the right to request the forced execution in nature of the obligations arising hereunder. 

In accordance with the provisions of article 1221 of the Civil Code, the creditor of the obligation may continue this forced performance after a simple formal notice, addressed to the debtor of the obligation by a registered letter with acknowledgement of receipt, the purpose of which is to give notice of default, which has remained unsuccessful, unless it proves impossible or if there is a manifest disproportion between its cost to the debtor, in good faith, and its interest for the creditor.

The defaulting Party may, in the event of non-performance of any of the obligations incumbent on the other Party, request termination of the contract in accordance with the terms defined in Article "RESOLUTION OF THE CONTRACT".

 

ARTICLE 26 - EXCEPTION OF NON-EXECUTION

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to fulfil its obligation, even if it is due, if the other Party does not fulfil its obligation and if such non-performance is sufficiently serious, i. e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance. 

The suspension of enforcement shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to that effect by the defaulting Party indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the breach found, served by registered letter with acknowledgement of receipt or on any other durable written medium enabling proof of dispatch to be provided.

This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the Party affected by the default.

This option shall be used at the risk and peril of the Party taking the initiative.

The suspension of enforcement shall take effect immediately upon receipt by the alleged defaulting Party of notification of the intention to apply the plea of preventive non-performance until the alleged defaulting Party has fulfilled the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of the sending.

However, if the impediment was definitive or continued for more than 30 days from the date on which the impediment was noted by registered letter with acknowledgement of receipt, these terms and conditions shall be purely and simply resolved in accordance with the procedures defined in Article Resolution for failure by a party to fulfil its obligations.


ARTICLE 27 -  MAJOR FORCE

The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to it. 

The suspension of obligations may under no circumstances be a cause of liability for failure to perform the obligation in question, nor induce the payment of damages or penalties for late payment.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. 

Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. 

To this end, the prevented Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. 

If the impediment is definitive or exceeds a period of 30 days, these terms and conditions shall be purely and simply resolved in accordance with the procedures defined in the article "Resolution for force majeure".

Expressly, the following are considered in particular as cases of force majeure, in addition to those usually retained by the case law of French courts and tribunals: 

  • blocking means of transport or supplies, earthquakes, fires, storms, floods, lightning;
  • the termination of telecommunications networks or difficulties specific to telecommunications networks external to the Client.

During this suspension, the Parties agree that the costs generated by the situation shall be borne by the prevented party.

 

ARTICLE 28 - CONTRACT TERMINATION

 1 ) Resolution for unforeseen circumstances

The resolution for the impossibility of the performance of an obligation which has become excessively onerous may, notwithstanding the clause Resolution for failure by a party to fulfil its obligations set out below, only take place 30 days after receipt of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act..

2) Resolution for failure to fulfil a sufficiently serious obligation  

The Party which is the victim of the default may, notwithstanding the clause Resolution for breach by a Party of its obligations set out below, in the event of a sufficiently serious breach of any of the obligations incumbent upon the other Party, notify the Defaulting Party by registered letter with acknowledgement of receipt, 30 days after receipt of a formal notice to comply, of the wrongful termination of the present contract, which has remained unsuccessful, in accordance with the provisions of article 1224 of the Civil Code..

3) Resolution for force majeure

The automatic resolution for force majeure may, notwithstanding the clause Resolution for failure by a party to fulfil its obligations set out below, only take place 30 days after receipt of a formal notice notified by registered letter with acknowledgement of receipt or any extrajudicial act..

 

ARTICLE 29 - ARTSKOP3437 DISCLAIMER OF LIABILITY

The Client is solely responsible for all its communications and interactions with other Users of the ARTSKOP3437 Site or the Services and with other persons with whom it communicates or is in contact when using the ARTSKOP3437 Site or the Services. 

The Client understands that ARTSKOP3437 will not attempt to verify Users' statements on the ARTSKOP3437 Site or the Services. 

ARTSKOP3437 makes no representation or warranty regarding the conduct of Users of the ARTSKOP3437 Site or the Services or regarding their compatibility with current or future Users of the ARTSKOP3437 Site. 

The Client agrees to take reasonable precautions when communicating or having contact with other Users of the ARTSKOP3437 Site or the Services and with any person with whom it communicates or to contacts in connection with the Use of the ARTSKOP3437 Site or the Services, more specifically in the event that the Users decide to meet offline or in person, whether or not such meeting is organised by ARTSKOP3437. 

ARTSKOP3437 expressly excludes any liability for any act or omission on the part of any User of the ARTSKOP3437 Site and the Services or other Third Parties.


ARTICLE 30 -  COMPUTER AND FREEDOM - PERSONAL DATA

In accordance with Act 78-17 of 6 January 1978 amended by Act No. 2018-493 of 20 June 2018 and the General Data Protection Regulations (RGPD) which came into force on 25 May 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.

This data may be communicated to any ARTSKOP3437 partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the ARTSKOP3437 website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to the information concerning him.

This right may be exercised under the following conditions and in the following ways: the Client has a right of access, rectification, deletion, portability and opposition to personal data with ARTSKOP3437 which he may exercise by contacting : 

  • By email to the address: contact@artskop.com ;
  • or to the address of ARTSKOP3437's registered office: 12 rue Esprit des Lois, 33000 BORDEAUX.

 

ARTICLE 31 - INFORMATION - COMPLAINT

For any information, complaint or question relating to this Agreement and its application as well as to the Services themselves, the Client should contact ARTSKOP3437 : 

  • By email to the address: contact@artskop.com ;

 Complaints received will be processed within a maximum of 7 days of receipt.

ARTICLE 32 - PARTIAL NULLITY - INDEPENDENCE OF CLAUSES

The possible cancellation of one or more clauses of this contract by a court decision or by mutual agreement between the Parties shall not affect its other provisions, which shall continue to produce their full and complete effect provided that the general scheme of the contract can be safeguarded.


ARTICLE 33 - LANGUAGE

By express agreement between the Parties, these General Terms and Conditions of Sale are governed by French law.

They are written in French. In the event that they are translated into one or more languages, the French text alone shall prevail in the event of a dispute.

ARTICLE 34 - APPLICABLE LAW

These GTC are governed by French law.


ARTICLE 35 - DISPUTES - COMPETENT JURISDICTION

All disputes to which this contract may give rise, concerning its validity, interpretation, execution, resolution, consequences and consequences shall be submitted to the competent court under the conditions of ordinary law.

Pursuant to Articles L. 211-3 and L. 611-1 et seq. of the Consumer Code, the Client has the right to use, in the event of a dispute, a conventional mediation procedure or any other alternative dispute resolution method.  

 

CONTACT 

For any request for information or contact, the Client can contact ARTSKOP3437 at the following addresses: 

  • By email to the address: contact@artskop.com ;
  • or to the address of ARTSKOP3437's registered office: 12 rue Esprit des Lois, 33000 BORDEAUX.