Terms and conditions
General Terms and Conditions of Sale and Use
Shall be further known as :
“Website” or “service”: the website http://www.art-traffik.com and its webpages.
“Products”: all products (material) and services (immaterial) that can be purchased or that can be subscribed to on the website.
“Editor”: person or legal entity in charge of editing and responsible for the content of the website http://www.art-traffik.com.
“User”: any person using or visiting the website http://www.art-traffik.com.
“Customer”: any person purchasing a product or service on the website http://www.art-traffik.com.
Legal mentions required by the Confidence in the Digital Economy Act, purpose of the website and designation of all contracting parties
The present website is edited by Art Traffik, a simplified joint stock company with a capital of 50,000 euros, registered in the SIRENE bureau under the number 80249592900027 at the RCS of Bayonne, whose headquarters are located 10 allée de Samadet 64600 Anglet. Intercommunity VAT number: FR 82 802495929. The website is hosted by OVH, 2 rue Kellermann, PO box 80157, 59053 ROUBAIX cedex 1 France.
The purpose of the present website is defined as “promoting, discovering and buying contemporary art online.”
Access to the website is open and free for all internet users. Acquiring a product or a service, establishing a member’s area, or more broadly navigating on the website http://www.art-traffik.com implies the full acceptance, by the user, of all these terms and conditions, thereby acknowledging them. This agreement consists in the user ticking the box, for example “I agree to and accept the website’s terms and conditions”, corresponding to the full acceptance of these terms and conditions. Ticking this box is as legally valid as a hand-written signature by the user. The user acknowledges that the automatic registration systems employed by the website editor constitute documentary proof, and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint. The agreement of the general terms and conditions is based on the assumption that the user possesses full legal capacity.
The applicable terms shall be those in force on the website on the date of the buyer’s visit. http://www.art-traffik.com reserves the right to implement changes to the its website and/or to these general terms and conditions, at any time, without prior notice.
The specification of the products and services offered for sale
The products and services available for purchase are those which are shown on the online catalogue http://www.art-traffik.com. Products and services are subject to stock availability. Each product is accompanied by a description created by http://www.art-traffik.com, details as provided by the artists. The images of the products in the catalogue are not contractual; they are as faithful a representation as possible, but do not guarantee perfect similarity with the product.
The website’s customer service is accessible by email : email@example.com or by post: 10 allée de Samadet, 64600 Anglet, France. The publisher is committed to replying within 7 days.
The prices indicated in the catalogue are quoted in euros and include the VAT applicable at the date of the order.
http://www.art-traffik.com reserves the right to amend the prices of the products and services should the VAT rate change. http://www.art-traffik.com also reserves the right to modify its retail prices at all times, being specified that the applicable prices are those in force on the day of your order.
Users registered on the website (member) can access the member’s area by providing their credentials (email address and password given when first registered) or by clicking on the social media links. Users are fully responsible for maintaining the confidentiality of the password. They are advised to use strong passwords. Should the user forget the password, he/she has the possibility of creating a new one. Said password guarantees the confidentiality of the information contained in the “my account” section and the user shall refrain from transferring or giving it to a third party. The website shall not be liable for the unauthorized access of a user’s account.
Creating a personal area is an indispensable prerequisite to any purchase order or to a member’s contribution to the website. For this purpose, the member commits to providing complete and accurate personal data.
The data collection is intended for creating a “member account”. This account allows the client members to consult their prior orders. Should the data, contained in the client account section, disappear following exceptional circumstances, a system breakdown or a force majeure, the website and its editor shall not be held liable, said information having no conclusive value and are for reference only. The pages relating to a member’s account are freely accessible and printable by the account holder, but do not constitute proof; they are merely informative and intended for efficiently managing the member’s orders or his/her contribution to the website.
If a member does not comply with the present general terms and conditions, the editor is entitled to effect deletion of a member’s account (including but not limited to a member knowingly submitting wrong information upon registering and creating his/her personal account), or any account deemed inactive for a least a year. The said deletion shall not constitute damage to the excluded member and the latter shall not claim any compensation with respect thereto. In addition to this exclusion, the editor retains authority to take legal action against the member, when facts are deemed justifiable.
Liability release of the editor in the performance of the contract
In the event of the customer being unable to access the website, for technical or any other reason, the user shall not be entitled to claim any damages or be compensated. The unavailability, even prolonged and without limitation, of one or more products, cannot constitute injury to users and cannot possibly give rise to the award of damages from the website of its editor. Photographs and other visuals illustrating the products on the website are not contractually binding; the website’s editor shall not be held liable if the characteristics of the objects differ from the visuals on the website or if the visuals are incorrect or unreadable.
Hyperlinks featured on the website may lead to other websites and the editor cannot be held responsible if the content of these websites breaches current legislation. Also, the editor of this website shall never be held liable if an internet user incurs an injury as a consequence of his/ her visit to one of those websites.
Intellectual property rights relating to elements contained and published on the website
All elements of this website belong to the editing company. Any copy of, including but not limited to, logos, textual, picture or video contents, is strictly prohibited and is considered infringement. Any member guilty of infringement may have his/ her account terminated without notice or compensation, and is liable to prosecution by the website’s editor or his authorized representative.
User’s contribution to the website
Internet users are given the opportunity to contribute to the website’s content by posting comments.
Contributors are advised that the website’s editor, represented, if need be, by a moderator, may elect to publish the article on the website’s newsletter or on partner websites, and must mention the contributing author’s pseudonym. The author waives any of his/her rights regarding the content of the contribution, for the benefit of the editor, for any use and broadcast, even commercial, on its internet media, but in keeping with the author’s right of authorship.
Trademarks and logos contained within the website http://www.art-traffik.com have been registered by Art Traffik or by one of its partners. Any person proceeding to their representations, reproductions, interweavings or reruns incurs to penalties foreseen in the articles L.713-2 and following those of the I intellectual property Code.
Limitation of liability
The website’s editor, notably in the process of online retail, is only held under an obligation of means ; his responsibility cannot be committed for any damage resulting from using the internet network such as loss of data, intrusion, virus, service breakdown or any other involuntary problems.
http://www.art-traffik.com may not be held liable for the non-execution of the concluded contract due to a force majeure, and, particularly, in the event of an all-out or partial strike of the conveyers or postal services, or any natural disaster caused by flood or fire. In regards to purchases, the liability of http://www.art-traffik.com is excluded for all indirect damages, operating and income loss, damage of costs possibly resulting from the purchase of the products. The choice and purchase of a product or service are solely under the customer’s responsibility. The total or partial inability to use products, including incompatibility of materials, cannot give rise to any compensation, refund or the questioning of the responsibility of http://www.art-traffik.com, except in the case of a latent defect, nonconformity, an imperfection or when exercising the right of withdrawal. In the event of a non-delivery, whole or partial, the customer has six months (from the date of departure from the warehouse) to file a claim. Past this deadline, no claim shall be accepted.
The user expressly agrees to use the website at his/her own risk and under his/her sole responsibility. The website http://www.art-traffik.com provides information intended for informational purposes only, with imperfections, errors, omissions, misstatements and other ambivalences that might exist. In any event, http://www.art-traffik.com shall not be held liable : for any direct or indirect damages, including the loss of profits, loss of earnings, the loss of customers or data caused by the use of the website http://www.art-traffik.com, or, on the contrary, the inability to use its website ; a dysfunction, unavailability of the internet access, improper configuration of the customer’s computer or the use of browser seldomly used by the user ; advertisements and other links or external sources accessible by the user from the website http://www.art-traffik.com.
The website http://www.art-traffik.com is accessible to any user almost around the clock, unless otherwise specified. Art Traffik’s website shall not be held liable should the technical connection be unavailable, whether due to a force majeure, maintenance, update, a modification to the website, an intervention by its host, an internal or external strike, a network failure, a power outage or the improper configuration or use of the user’s computer.
Closing an account
Each user is at liberty to close his/her account and erase their personal data from the website. In order to do so, the member must send an email to http://www.art-traffik.com specifying that he/she wishes to terminate the account. The retrieval of his/her data will not be possible.
These general terms and conditions are governed by French law. They may be modified at any time by their editor or his legal representative. The general terms and conditions applying to the user are those in force on the day of his/her order or of his/her connection to the website. The editor commits to keeping all old versions of the general terms and conditions, and will send them to any user that wishes to receive them.
Save clauses of Public Order, and prior to instituting any legal proceedings any litigation arising from the execution of the general terms and conditions may be subject to review by the website’s editor, with the willingness to reach an amicable settlement. Users are reminded that applications for settlement do not suspend the time limits allowed for instituting legal proceedings. Unless otherwise specified, of public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the Court of Appeal seized.
Should any provisions of the present general terms and conditions be legally invalid or rescinded, the remaining provisions of these general terms and conditions will continue to apply.
A « cookie » allows the identification of the user, the customization of his/her consultation of the website and the acceleration of the layout of the website that comes with the registration of a light data file on his/her computer. The user acknowledges having been informed of this practice and gives http://www.art-traffik.com permission to employ it.
http://www.art-traffik.com will never divulge the content of these cookies to third parties, unless obliged by law. Users may refuse to accept cookies or may configure their browser setting to prevent cookies from being stored on their computer.
Terms and description of order subscription and purchase processing
We shall define below “cart” the intangible object which includes any goods and/or services selected by the user, by clicking on those items, for the purpose of a purchase. Once the user has selected and added to the cart all the items he/she wishes to purchase, the customer has the possibility of reviewing the items placed in the cart before pursuing and validating the order by clicking on the “place order” or “see my cart” buttons provided. He/ she will then be redirected to a page summarizing the quantity and characteristics of the items selected, and their unit prices.
Customers wishing to confirm their order must accept the general terms and conditions by ticking the appropriate box, and click on the “confirm my order” button. The user will then be redirected to an order form page requesting the completion of several fields. In this case, he/she will have to indicate personal data deemed necessary for the proper completion of the order. Once the order form has been filled out, the customer will be directed to a secure payment server on which he/she may proceed with the payment, either by means of credit/debit card or by an online money transfer service such as PayPal, or by check, if applicable. Shortly after, the customer will receive an email confirmation of the order, summarizing the order content and price.
Prices shown on the website are in Euros and include all taxes. These prices are subject to change by the editor, therefore, it is up to the customer to verify the conformity of the price upon validation of the order.
All products and services sold remain the property of the seller until full payment has been made, in accordance with the property reservation clause.
The user may place an order on the website. Payment may be made by credit/debit card, money transfer or PayPal. Credit card payments are made via a secured online payment service provider platform.
The website does not have access to data relating to a customer’s means of payment. The payment is made directly with the payment provider. For payments by check or money transfer, the order will be processed by the seller only upon receipt of payment, extending delivery times accordingly, and providing proof by any means. The availability of the products is indicated on the website, in the descriptive sheet of each item.
Delivery and provision
Shipping rates will be mentioned to the customer prior to purchase. http://www.art-traffik.com does not have geographical limitations. Orders may be expedited throughout the world.
The website is committed to shipping goods within 7 days, upon receipt of the order.
The buyer has the obligation to verify the conformity of the goods, upon delivery. All order irregularities (damages, item missing in comparison with the delivery slip, damaged parcel or products…) must be indicated on the delivery slip, in the form of “handwritten reserves” signed by the client.
The buyer must open the damaged or deteriorated package(s), in the presence of the carrier, and must hand over any damaged goods to the carrier. The buyer will have to confirm, simultaneously, this anomaly by sending to the carrier, within 24 hours following the delivery, a registered letter with recorded delivery explaining the aforementioned complaints, and send a copy of this registered letter to Art Traffik, within the same time limit and under the same conditions. If the buyer fails to comply to these provisions, hence preventing the seller from having any recourse against the carrier, he/she alone will bear the consequences of damages which occurred during transport.
All claims not executed, within the rules defined here above and within the period of notice granted, shall not be taken into account and shall disclaim Art Traffik of any liability to the buyer. Upon receipt of the complaint, Art Traffik shall communicate to the buyer, via email or telephone, the exchange terms and procedure.
In the event of an error of delivery or exchange, any product to be exchanged or reimbursed must be returned to Art Traffik, in its entirety and in its original packaging, by the carrier in charge of the delivery. Art Traffik shall not be blamed for any defect resulting from the buyer’s mishandling or false movement. In accordance with the paragraphs and article L.121-21 of the Consumer Code, the consumer is entitled to a fourteen (14) working day retraction period starting from the date he/she receives the goods to return any items that may not suit his/her needs, and request an exchange or refund, without any penalty fees, with the exception of shipping fees. The item must be returned in perfect condition and in its original packaging. When applicable, an item must be returned with all its accessories. If the above conditions are not respected, the buyer shall lose his/her right to the retraction period and the product will be returned to them at their own cost. Retraction shipping fees : the shipping fees concurrent to a retraction remain the responsibility of the buyer, and he/she must show proof of expediting the returned parcel by choosing a shipment with parcel tracking.
Upon receipt and acceptance of the return, http://www.art-traffik.com shall proceed with the reimbursement, by check or money transfer. In order to ensure a smooth process, the buyer must enclose of copy of the invoice.
If the package is returned by the French Post Office or other postal service providers, http://www.art-traffik.com shall contact the buyer, upon receiving the package, in order to determine the course he/she wishes to pursue. If the buyer refused the package by mistake, he/she may request that the package be expedited again, but only after having paid the shipping fees prior to the expedition. The shipping fees must be paid in advance, even for initial orders whose shipping fees had been waived.
In the event of delays in deliveries superior to seven (7) working days, the buyer is entitled to cancel the order, in writing, to be sent as registered post with proof of receipt. In this case, the buyer shall be reimbursed, within thirty (30) days, of all sums incurred by the order. However, his clause does not apply should the delays be caused by a strike of the carrier’s employees or in the case of a force majeure, beyond the editor’s control. In such cases, the buyer agrees to not undertake legal proceedings against the website or its editor, and waives his/her right to cancel the order as provided under this section.
Warranties of products purchased on the website
All items purchased on the website are covered by the following legal warranties, as provided by the French Civil Code:
Product conformity :
In accordance with articles L.211-1 to L.212-1 of the Consumer Code, the seller shall deliver goods in conformity with the contract and shall be held liable for any lack of conformity existing at the time of delivery. The conformity guarantee covers any defects presumed to have existed at the time of delivery or that became apparent within a period of six (6) months following the delivery. However, once this deadline has expired, the buyer will have to show proof that the defect did in fact exist at the time of delivery.
Warranty against concealed defects:
In accordance with articles 1641 to 1649 of the Civil Code, the consumer may exercise his/her rights covered by the concealed defects warranty if the defects were not visible at the time of purchase, existed prior to the purchase (for example, if the defect does not result from the normal wear that comes from use of the product), and are severe enough (the defect must either prevent the product from being used as originally intended or, if such use is considerably impaired, in such a way that the buyer would not have bought the product or would have a bought it at a lesser price had he/she had the knowledge of the defect).
In case of non-conformity of a product sold, the buyer may return it to the seller and request an exchange or a refund. All claims, requests for exchange or refund must be made by post at the following address: 10 allée de Samadet, 64600 Anglet, France, or by email at firstname.lastname@example.org, within thirty (30) days of delivery. The buyer shall bear the costs for the return shipping. In case of the impossibility for the seller to exchange the product (product out of stock, obsolete, etc.), the buyer will be reimbursed, by check, the total sum his/her order from which the shipping costs will have been deducted.
« Small ads between individuals » service
Art Traffik offers a service which matches artwork buyers and sellers by means of small ads. This service is absolutely free and is to be used exclusively for the resale (not sale) of artworks. Under this matching service, Art Traffik shall not be liable for the interactions between the seller and buyer counterparts, and shall not be held responsible for problems that may arise between both parties, whether it be pertaining to the kind of artwork sold, its authenticity, its worth or the transaction between both parties.
Art Traffik reserves the right, however, to delete any small ad published on wwww.art-traffik.com.
Art Traffik shall archive the order forms and invoices on a reliable, durable medium which provides a true copy in compliance with the provisions of article 1348 of the French Civil Code. Computerized registers shall be deemed by the parties to be proof of the communications, orders, payments and transactions occurring between them.
Framework of conditions
If any provision of the general terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these general terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions describe the entire agreement between the user and the website. They replace any prior agreement or contemporaneous agreements, written or oral. The general terms and conditions are non-transferable, non-assignable and non-sublicensable by the user himself.
A printed version of the terms and conditions and all notices provided in an electronic format shall be admissible in judicial or administrative proceedings, based upon or relating to these terms and conditions. The Parties agree that all written correspondence relating to the conditions of use shall be done so in French.
Any notification or other communication relating to the general conditions, the legal notices or the data protection policy shall be made in writing and shall be delivered personally, or sent by certified/ registered mail via post or any other nationally credited messaging service to the following address: 10 allée de Samadet, 64600 Anglet, France or by email at email@example.com, stating full name, contact information and subject matter.
Any claim related to the use of this website, its service or any other related services, the website’s pages on possible social networks or the general conditions, legal notices or data protection policy must be filed within 365 days after the start of the problem, reason for the claim, independently of any contrary laws or legal principles. In the event that such a claim remained unfiled within the 365 days, such a claim will be considered enforceable in a legal proceeding.
It is possible that inaccuracies be found within the website, the services offered, and to a limited extent, inaccuracies or mistakes, or information which differ from the general conditions, legal notices or data protection policy. In addition, it is possible that unauthorized changes be made to the website, by third parties or on ancillary services (social networks…). We take all possible measures to correct such disparities.
Should we miss such a situation, please contact us at the following address :10 allée de Samadet, 64600 Anglet, France or by email at firstname.lastname@example.org, with a description of the error and URL location, and sufficient information that will allow us to contact you. For all copyright requests, please refer to the intellectual property rights section.
© Art Traffik SAS – All rights reserved – 29 June 2015