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GENERAL TERMS AND CONDITIONS OF SALE

PRIVACY AND COOKIE POLICY

Preamble

The company "Arts-Discovery" invites Users to carefully read these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The GTC apply to all products and services offered by the company "Arts-Discovery" on its website www.arts-discovery.com. Any order placed for a product listed on the online store at www.arts-discovery.com implies the prior acceptance of these general conditions. This website connects Artists and Collectors with buyers. These conditions may be subject to change without notice. In this case, the applicable conditions will be those in effect on the site at the time of the order.

Definitions

"Company" refers to the "Arts-Discovery" company;

"Site" refers to the website www.arts-discovery.com;

"Client" means the user of the Site or the purchaser outside the Site who has placed an order for a product sold on the website or benefited from the service;

"Parties" refers to the Company and the Client;

"Order" refers to any order placed by the Client on this Site;

"Product/Products" refers to the physical things sold on this Site, specifically original artworks, art prints, design objects, and other items;

"Artist" refers to the person who creates and sells the products;

"Collector" refers to the person who sells the products; "Services" refers to the services provided.

Sales Contract

In accordance with the provisions of the Civil Code relating to the conclusion of online contracts, the sales contract will be concluded when the Client clicks on the button to confirm the order.

The Client can access the summary of their virtual shopping cart to confirm or modify the Products they wish to order and place their Order by pressing the "Validate" button.

They must provide a valid address and payment method to finalize the Order. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated. Once the Order is placed, the Client will receive confirmation by email at the address provided. This confirmation will summarize the Order as well as relevant information regarding delivery and additional options.

The Order for Products and Services can also be made outside the Site, with all the terms agreed directly between the Company and the Customer through electronic or telephone means. In this situation, the these General Terms and Conditions of Sale presented on the Site at the time of the order Confirmation will automatically apply."

Assignment of Copyright

The Artist and the Collector retain ownership rights over the Products sold until full payment of the price by the Client. They may, therefore, regain possession of said Products in case of non-payment. During a sale, the Artist and the Collector assign, in accordance with the provisions of Article L. 122-7 of the Intellectual Property Code, to the Client the physical Product and its patrimonial rights and the right of representation to the public. The artist always retains moral rights over the Product as well as the rights related to its reproduction. The buyer may exhibit the work anywhere of their choice, present it to the public, sell, lend, or rent it.

Products and Prices

As each Product is unique or reproduced in limited quantities, the sale is always concluded subject to its availability. The Products sold on the Site are all original. In the majority of cases, a certificate of authenticity issued by the Artist will be provided to the Client acquiring the Product. The Company invites the Client to carefully read the description corresponding to the Product of interest: it is systematically specified whether the Product is sold with the certificate of authenticity or not. If they are limited edition works, they are reproduced in a quantity in accordance with applicable rules and regularly numbered.

The sale price of the Products is displayed on the Site in euros and includes all taxes. In principle, as a microenterprise, the Company does not charge VAT since it benefits from the "VAT base franchise" system, therefore VAT is not applicable (art. 293 B of the CGI).

Delivery, framing costs, customs duties, and import taxes, and local taxes remain the responsibility of the Client. The products are described on the site on the corresponding page, mentioning all their essential characteristics. The actual size may vary slightly from one product to another compared to the official dimensions mentioned on the site. The Company strives to present and describe the printed colors of the products as faithfully as possible on the website. However, it cannot guarantee that the colors of the delivered goods will be exactly as displayed on the Buyer's monitor or home printing device. If, despite the Company's vigilance, a product is no longer available from an Artist or a Collector, the Client will be informed promptly, and their order will be canceled and refunded. The unavailability of a product cannot in any case engage the responsibility of the Company, nor does it give any right to compensation or damages in favor of the Client.

The price of the Product may be changed at any time, up or down. The invoiced price of the corresponding Product is in all cases the price displayed on the Site at the time the order is validated by the Client. In the case of delivery to a country other than France, its Overseas Territories, or outside the European Union, the invoiced price is the price excluding taxes. If customs duties, local taxes, or import duties are due, these duties are the responsibility of the Client and are entirely their responsibility, both in terms of declarations and payments to the competent authorities and organizations. It is their responsibility to inquire with the competent authorities.

Delivery costs (packaging, shipping, insurance, etc.) will be detailed, if applicable, in the summary before proceeding to payment for the Order. Shipping costs depend on the nature of the Product as well as the delivery location.

Means of Payment

Unless otherwise provided, all purchases of Products are paid in cash at the time of placing the Order. In case of non-payment for any reason whatsoever, the sale will be automatically canceled, and the work will be put back up for sale.

The validation of the Order consists of two essential steps: selecting the delivery address and choosing a payment method. For the Order to be definitively recorded, each of these steps must be validated. Once the Order is validated, the Company invoices it by email to the email address provided by the Client.

Payments on the Site are made through Stripe, a secure web payment infrastructure (publisher: Stripe Payments Europe, Ltd. (SPEL), email: heretohelp@stripe.com, phone: +33 805 11 19 67, address: 10 Boulevard Haussmann, 75009 Paris, France). The Company does not store payment information.

Payment is also possible from the Client's PayPal account.

In the case of payment outside the Site, payment can be made using the following options: by credit card from the payment terminal; by bank transfer; by PayPal (invoice).

The transfer of ownership of the Product takes place after the full payment of the sale price and its accessories.

Product Delivery

The product is carefully packaged by the Artist or the Company, according to standardized specifications. The product is then entrusted to a specialized carrier.

When placing an order (Cart), various delivery options are available to the Customer:

  • "Delivery" - Shipping fees applicable to your order will be added during payment. The Customer has the option to choose delivery of the canvas rolled in a tube, significantly reducing shipping costs. To do this, the Customer fills out the "Your comments" tab before proceeding to payment.

  • "Canvas without frame" - The economical alternative involves delivering the canvas rolled in a tube, particularly suitable for countries farthest from France. The artwork will be shipped rolled in a tube, without a frame or framing (if applicable).

  • "Pickup in Aix-en-Provence" - The option to retrieve the product by the customer or to use their own delivery service. In both cases, the risk of damage or loss of the merchandise is transferred to the Customer upon retrieval of the artwork at the address indicated by the Company. It is understood that the retrieval of the product by the Customer, or by their delivery service, or by their trusted third parties, is equivalent to its receipt by the Customer.

 

In certain specific cases, Arts-Discovery offers a free delivery service (in the Aix-en-Provence region). To benefit from this option, please contact us, and we will do our best to find the most satisfactory solution.

It is possible to modify the delivery method during online payment at step 2 "Delivery Method."

The Company undertakes to make every material and human effort to prepare the Product for dispatch within the shortest possible time of 3 to 10 working days. If the Customer has a specific deadline to meet, he/she undertakes to inform the Company of this at the time of ordering by providing the required details in the "Comments" tab of the shopping basket.  In this case, the Company will make every effort to meet the deadline; if this is not possible, it will cancel the order and refund the Customer in full. In the event of specific requests from the Customer for additional Services (personalised frames, etc.) or for customised Products, lead times may be extended. The Company invites the Customer to carefully consult the description corresponding to each Product where the specific lead times for the preparation of the Product before dispatch may be specified.

Delivery times and costs will be calculated according to the dimensions and weight of the Product ordered, the collection address (the Artist's studio or an address determined by the Company) and the destination address (the Client's address). These may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered. In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.

The Company cannot be held responsible for delivery delays for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be blamed. Furthermore, the Company's liability cannot be incurred for reasons related to exceeding delivery times in the following cases: during periods of high demand, such as holidays or exceptional events, and for delays or problems exclusively related to the carrier responsible for delivery and over which the Company has no direct control.

In the event of a shipping delay, the Company undertakes to contact the Customer to inform them of any potential impact on the delivery time. However, the Company cannot be held responsible for delivery delays resulting from these reasons beyond its control. Upon receipt of the order, the Customer is required to check the condition of the piece and report any reservations to the Company in writing and without delay, no later than 48 hours.

In the event of unjustified non-receipt of the products by the Customer, the Company is not obliged to refund the price.

Right of Withdrawal and Effects

In accordance with the provisions of Article L.121-21 of the Consumer Code, the Client has the right of withdrawal without having to justify reasons or pay penalties within fourteen (14) days. The withdrawal period expires fourteen days after the day on which the Client, or a third party other than the carrier and designated by the Client, physically takes possession of the last good.

To exercise the right of withdrawal, the Client must notify the Company of their decision to withdraw from the Product either by email to the following address: contact@arts-discovery.com, or by letter sent by post to the following address: 37 boulevard Artistide Briand, 13100 Aix-en-Provence, France. The Company cannot be held responsible for the delay, loss, or improper distribution of mail/email, nor for its sending or non-sending to an incorrect email address.

To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the expiration of the fourteen-day withdrawal period.

In the event of withdrawal, in accordance with current legal provisions, the Company refunds all payments, including the initial delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Company, custom framing, etc.), without undue delay and in any case no later than 14 days from the day the Company is informed by the Customer of the decision to withdraw from the present contract.

The refund will be made using the same means of payment as the one used by the Client for the initial transaction, unless the Client expressly requests another refund method. In addition, the Company may agree with the Client to exchange it for another work.

The Company reserves the right to defer the refund until it has received the Product(s) or until the Client has provided proof of dispatch of the Product(s), depending on the first event. The refund will only be made after receipt or proof of dispatch of the Product(s), in their original condition, complete and accompanied by any accessories.

Delivery costs (packaging, shipping, insurance, etc.) are the responsibility of the Client and are entirely their responsibility. Returns must be made in their original condition and complete (packaging equivalent to the original) and accompanied, where applicable, by the original certificate(s) of authenticity, directly to the shipping address (either that of the Artist or that indicated by the Company). Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.

The right of withdrawal does not apply to commissioned works, custom-made works, and rented works.

Legal Guarantees

The Company undertakes to respect and implement the legal guarantees enjoyed by the Client under the Consumer Code. Thus, in accordance with Article L. 211-4 of the Consumer Code, the Company guarantees to the Client that the Products delivered are in conformity with the contract and free from conformity defects existing at the time of delivery. In the event of non-compliance of the Product, the Client may ask the Company to replace or repair it, at no additional cost, within a reasonable period from the request. In addition, under Article 1641 of the Civil Code, the Company is also responsible for hidden defects. In the event of a conflict, the Client is encouraged to contact the Company to find an amicable solution.

Editorial Information

The Site disseminates various editorial content (articles, files, practical information, etc.) produced by itself. These contents and services are offered for informational purposes only. Although it undertakes to implement all means at its disposal to offer Internet users quality content and services, the Company does not guarantee the completeness, accuracy, or updating of said content and services. The Company strives to publish photos of good quality, which faithfully represent the appearance and colors of each work, but there may be very slight differences due to technical aspects.

Modifications and Liability

The Company reserves the right to modify the Site, the GTC, as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed and confirmed, the Client is subject to the stipulations set out in the GTC in force at the time of placing the Order.

Hyperlinks and Cookies

The Site may contain hyperlinks to third-party sites. The decision to activate these links is the full and sole responsibility of the user of the Site, who is informed that the Site exercises no control over these sites and their content, and declines any responsibility for their access, content, availability, or use, as well as the consequences of any kind that may result from their consultation.

In addition, to facilitate the use of services by the user of the Site, the Company uses cookies that improve the accessibility of the Site and identify regular visitors. Moreover, they improve the user experience by tracking and targeting the interests of visitors. However, the use of these cookies does not involve the collection of personally identifiable information on the Site.

Protection of Personal Data

The information and data concerning the Site's Client are collected to enable the management of orders and after-sales service, as well as for sending newsletters. They may be communicated to the Site's service providers responsible for the execution of services and orders for their management, execution, processing, and payment. However, they cannot be used by third parties for other purposes without authorization. The Company undertakes never to disclose to a partner or third party the personal information (name, first name, phone number, email address, etc.) that the Client enters on the site. The Company also undertakes to respect the confidentiality of emails transmitted via electronic mail, as well as personal information provided by phone. The use of this information is limited to the service provided by the Company.

The information and data are also stored for security purposes, to comply with current legal and regulatory obligations. In accordance with the law of January 6, 1978, the Client has the right to access, rectify, and object to the nominative information and personal data concerning them, at the following email address: contact@arts-discovery.com.

The Company will keep order forms and invoices on a reliable and durable medium, complying with the standards of Article 1348 of the Civil Code to ensure their compliance and fidelity. The parties involved will consider the computerized records of the company as proof of exchanges, orders, payments, and transactions that have occurred between them.

The Company uses the email address provided by the Client to send information and updates regarding their order, occasional news from the Company, information about related products, etc. If the Client wishes to unsubscribe at any time and no longer receive emails from the Company, detailed unsubscribe instructions are included at the bottom of each email.

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Internet Site. Although it implements all means to ensure the service permanently, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Site unavailable to carry out any operation of updating, improvement, or maintenance.

Intellectual Property

The brand, logo, and graphic charter of this Site are protected under copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of the Company will expose the infringer to civil and criminal proceedings.

Mediation

In the event of a claim by one or both Parties, they undertake to seek an amicable solution together prior to any legal action. In the event of a dispute between the Company and the Client, the latter must be resolved according to the provisions applicable to the relationship between the Company and the Client, and in particular in accordance with the rules provided by the sales conditions possibly set by the Company.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Company offers a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In case of a dispute, the Client can file a complaint on their website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

Applicable Law

These General Terms and Conditions of Sale are subject to French law. The official language of these General Terms and Conditions of Sale is French. Any dispute that may arise between the Company and a Client in the execution of these terms will be the subject of an attempt at amicable resolution. In case of a dispute, French courts will have sole jurisdiction. In the event that no agreement or mediation is possible, unless there is a legal provision to the contrary, in case of a dispute and in the absence of an amicable solution, express jurisdiction is granted to the Commercial Court of Aix-en-Provence.

GENERAL TERMS AND CONDITIONS OF SALE

PRIVACY AND COOKIE POLICY

Preamble

The company "Arts-Discovery" invites Users to carefully read these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The GTC apply to all products and services offered by the company "Arts-Discovery" on its website www.arts-discovery.com. Any order placed for a product listed on the online store at www.arts-discovery.com implies the prior acceptance of these general conditions. This website connects Artists and Collectors with buyers. These conditions may be subject to change without notice. In this case, the applicable conditions will be those in effect on the site at the time of the order.

Definitions

"Company" refers to the "Arts-Discovery" company;

"Site" refers to the website www.arts-discovery.com;

"Client" refers to the user of the site who has placed an order for a product sold on the website or benefited from the service;

"Parties" refers to the Company and the Client;

"Order" refers to any order placed by the Client on this Site;

"Product/Products" refers to the physical things sold on this Site, specifically original artworks, art prints, design objects, and other items;

"Artist" refers to the person who creates and sells the products;

"Collector" refers to the person who sells the products; "Services" refers to the services provided.

Sales Contract

In accordance with the provisions of the Civil Code relating to the conclusion of online contracts, the sales contract will be concluded when the Client clicks on the button to confirm the order.

The Client can access the summary of their virtual shopping cart to confirm or modify the Products they wish to order and place their Order by pressing the "Validate" button.

They must provide a valid address and payment method to finalize the Order. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated. Once the Order is placed, the Client will receive confirmation by email at the address provided. This confirmation will summarize the Order as well as relevant information regarding delivery and additional options.

It is possible that the Order for Products and Services is made outside the Site. In this case, all arrangements will be made outside the Site directly between the Company and the Client by electronic or telephone means.

Assignment of Copyright

The Artist and the Collector retain ownership rights over the Products sold until full payment of the price by the Client. They may, therefore, regain possession of said Products in case of non-payment. During a sale, the Artist and the Collector assign, in accordance with the provisions of Article L. 122-7 of the Intellectual Property Code, to the Client the physical Product and its patrimonial rights and the right of representation to the public. The artist always retains moral rights over the Product as well as the rights related to its reproduction. The buyer may exhibit the work anywhere of their choice, present it to the public, sell, lend, or rent it.

Products and Prices

As each Product is unique or reproduced in limited quantities, the sale is always concluded subject to its availability. The Products sold on the Site are all original. In the majority of cases, a certificate of authenticity issued by the Artist will be provided to the Client acquiring the Product. The Company invites the Client to carefully read the description corresponding to the Product of interest: it is systematically specified whether the Product is sold with the certificate of authenticity or not. If they are limited edition works, they are reproduced in a quantity in accordance with applicable rules and regularly numbered.

The sale price of the Products is displayed on the Site in euros and includes all taxes. In principle, as a microenterprise, the Company does not charge VAT since it benefits from the "VAT base franchise" system, therefore VAT is not applicable (art. 293 B of the CGI).

Delivery, framing costs, customs duties, and import taxes, and local taxes remain the responsibility of the Client. The products are described on the site on the corresponding page, mentioning all their essential characteristics. The actual size may vary slightly from one product to another compared to the official dimensions mentioned on the site. The Company strives to present and describe the printed colors of the products as faithfully as possible on the website. However, it cannot guarantee that the colors of the delivered goods will be exactly as displayed on the Buyer's monitor or home printing device. If, despite the Company's vigilance, a product is no longer available from an Artist or a Collector, the Client will be informed promptly, and their order will be canceled and refunded. The unavailability of a product cannot in any case engage the responsibility of the Company, nor does it give any right to compensation or damages in favor of the Client.

The price of the Product may be changed at any time, up or down. The invoiced price of the corresponding Product is in all cases the price displayed on the Site at the time the order is validated by the Client. In the case of delivery to a country other than France, its Overseas Territories, or outside the European Union, the invoiced price is the price excluding taxes. If customs duties, local taxes, or import duties are due, these duties are the responsibility of the Client and are entirely their responsibility, both in terms of declarations and payments to the competent authorities and organizations. It is their responsibility to inquire with the competent authorities.

Delivery costs (packaging, shipping, insurance, etc.) will be detailed, if applicable, in the summary before proceeding to payment for the Order. Shipping costs depend on the nature of the Product as well as the delivery location.

Means of Payment

Unless otherwise provided, all purchases of Products are paid in cash at the time of placing the Order. In case of non-payment for any reason whatsoever, the sale will be automatically canceled, and the work will be put back up for sale.

The validation of the Order consists of two essential steps: selecting the delivery address and choosing a payment method. For the Order to be definitively recorded, each of these steps must be validated. Once the Order is validated, the Company invoices it by email to the email address provided by the Client.

Payments on the Site are made through Stripe, a secure web payment infrastructure (publisher: Stripe Payments Europe, Ltd. (SPEL), email: heretohelp@stripe.com, phone: +33 805 11 19 67, address: 10 Boulevard Haussmann, 75009 Paris, France). The Company does not store payment information.

Payment is also possible from the Client's PayPal account.

In the case of payment outside the Site, payment can be made using the following options: by credit card from the payment terminal; by bank transfer; by PayPal (invoice).

The transfer of ownership of the Product takes place after the full payment of the sale price and its accessories.

Product Delivery

The product is carefully packaged by the Artist or the Company, according to standardized specifications. The product is then entrusted to a specialized carrier.

When placing an order (Cart), various delivery options are available to the Customer:

  • "Delivery" - Shipping fees applicable to your order will be added during payment. The Customer has the option to choose delivery of the canvas rolled in a tube, significantly reducing shipping costs. To do this, the Customer fills out the "Your comments" tab before proceeding to payment.

  • "Canvas without frame" - The economical alternative involves delivering the canvas rolled in a tube, particularly suitable for countries farthest from France. The artwork will be shipped rolled in a tube, without a frame or framing (if applicable).

  • "Pickup in Aix-en-Provence" - The option to retrieve the product by the customer or to use their own delivery service. In both cases, the risk of damage or loss of the merchandise is transferred to the Customer upon retrieval of the artwork at the address indicated by the Company. It is understood that the retrieval of the product by the Customer, or by their delivery service, or by their trusted third parties, is equivalent to its receipt by the Customer.

 

In certain specific cases, Arts-Discovery offers a free delivery service (in the Aix-en-Provence region). To benefit from this option, please contact us, and we will do our best to find the most satisfactory solution.

It is possible to modify the delivery method during online payment at step 2 "Delivery Method."

The Company undertakes to make every material and human effort to prepare the Product for dispatch within the shortest possible time of 3 to 10 working days. If the Customer has a specific deadline to meet, he/she undertakes to inform the Company of this at the time of ordering by providing the required details in the "Comments" tab of the shopping basket.  In this case, the Company will make every effort to meet the deadline; if this is not possible, it will cancel the order and refund the Customer in full. In the event of specific requests from the Customer for additional Services (personalised frames, etc.) or for customised Products, lead times may be extended. The Company invites the Customer to carefully consult the description corresponding to each Product where the specific lead times for the preparation of the Product before dispatch may be specified.

Delivery times and costs will be calculated according to the dimensions and weight of the Product ordered, the collection address (the Artist's studio or an address determined by the Company) and the destination address (the Client's address). These may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered. In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.

The Company cannot be held responsible for delivery delays for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be blamed. Furthermore, the Company's liability cannot be incurred for reasons related to exceeding delivery times in the following cases: during periods of high demand, such as holidays or exceptional events, and for delays or problems exclusively related to the carrier responsible for delivery and over which the Company has no direct control.

In the event of a shipping delay, the Company undertakes to contact the Customer to inform them of any potential impact on the delivery time. However, the Company cannot be held responsible for delivery delays resulting from these reasons beyond its control. Upon receipt of the order, the Customer is required to check the condition of the piece and report any reservations to the Company in writing and without delay, no later than 48 hours.

In the event of unjustified non-receipt of the products by the Customer, the Company is not obliged to refund the price.

Right of Withdrawal and Effects

In accordance with the provisions of Article L.121-21 of the Consumer Code, the Client has the right of withdrawal without having to justify reasons or pay penalties within fourteen (14) days. The withdrawal period expires fourteen days after the day on which the Client, or a third party other than the carrier and designated by the Client, physically takes possession of the last good.

To exercise the right of withdrawal, the Client must notify the Company of their decision to withdraw from the Product either by email to the following address: contact@arts-discovery.com, or by letter sent by post to the following address: 37 boulevard Artistide Briand, 13100 Aix-en-Provence, France. The Company cannot be held responsible for the delay, loss, or improper distribution of mail/email, nor for its sending or non-sending to an incorrect email address.

To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the expiration of the fourteen-day withdrawal period.

In the event of withdrawal, in accordance with current legal provisions, the Company refunds all payments, including the initial delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Company, custom framing, etc.), without undue delay and in any case no later than 14 days from the day the Company is informed by the Customer of the decision to withdraw from the present contract.

The refund will be made using the same means of payment as the one used by the Client for the initial transaction, unless the Client expressly requests another refund method. In addition, the Company may agree with the Client to exchange it for another work.

The Company reserves the right to defer the refund until it has received the Product(s) or until the Client has provided proof of dispatch of the Product(s), depending on the first event. The refund will only be made after receipt or proof of dispatch of the Product(s), in their original condition, complete and accompanied by any accessories.

Delivery costs (packaging, shipping, insurance, etc.) are the responsibility of the Client and are entirely their responsibility. Returns must be made in their original condition and complete (packaging equivalent to the original) and accompanied, where applicable, by the original certificate(s) of authenticity, directly to the shipping address (either that of the Artist or that indicated by the Company). Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.

The right of withdrawal does not apply to commissioned works, custom-made works, and rented works.

Legal Guarantees

The Company undertakes to respect and implement the legal guarantees enjoyed by the Client under the Consumer Code. Thus, in accordance with Article L. 211-4 of the Consumer Code, the Company guarantees to the Client that the Products delivered are in conformity with the contract and free from conformity defects existing at the time of delivery. In the event of non-compliance of the Product, the Client may ask the Company to replace or repair it, at no additional cost, within a reasonable period from the request. In addition, under Article 1641 of the Civil Code, the Company is also responsible for hidden defects. In the event of a conflict, the Client is encouraged to contact the Company to find an amicable solution.

Editorial Information

The Site disseminates various editorial content (articles, files, practical information, etc.) produced by itself. These contents and services are offered for informational purposes only. Although it undertakes to implement all means at its disposal to offer Internet users quality content and services, the Company does not guarantee the completeness, accuracy, or updating of said content and services. The Company strives to publish photos of good quality, which faithfully represent the appearance and colors of each work, but there may be very slight differences due to technical aspects.

Modifications and Liability

The Company reserves the right to modify the Site, the GTC, as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed and confirmed, the Client is subject to the stipulations set out in the GTC in force at the time of placing the Order.

Hyperlinks and Cookies

The Site may contain hyperlinks to third-party sites. The decision to activate these links is the full and sole responsibility of the user of the Site, who is informed that the Site exercises no control over these sites and their content, and declines any responsibility for their access, content, availability, or use, as well as the consequences of any kind that may result from their consultation.

In addition, to facilitate the use of services by the user of the Site, the Company uses cookies that improve the accessibility of the Site and identify regular visitors. Moreover, they improve the user experience by tracking and targeting the interests of visitors. However, the use of these cookies does not involve the collection of personally identifiable information on the Site.

Protection of Personal Data

The information and data concerning the Site's Client are collected to enable the management of orders and after-sales service, as well as for sending newsletters. They may be communicated to the Site's service providers responsible for the execution of services and orders for their management, execution, processing, and payment. However, they cannot be used by third parties for other purposes without authorization. The Company undertakes never to disclose to a partner or third party the personal information (name, first name, phone number, email address, etc.) that the Client enters on the site. The Company also undertakes to respect the confidentiality of emails transmitted via electronic mail, as well as personal information provided by phone. The use of this information is limited to the service provided by the Company.

The information and data are also stored for security purposes, to comply with current legal and regulatory obligations. In accordance with the law of January 6, 1978, the Client has the right to access, rectify, and object to the nominative information and personal data concerning them, at the following email address: contact@arts-discovery.com.

The Company will keep order forms and invoices on a reliable and durable medium, complying with the standards of Article 1348 of the Civil Code to ensure their compliance and fidelity. The parties involved will consider the computerized records of the company as proof of exchanges, orders, payments, and transactions that have occurred between them.

The Company uses the email address provided by the Client to send information and updates regarding their order, occasional news from the Company, information about related products, etc. If the Client wishes to unsubscribe at any time and no longer receive emails from the Company, detailed unsubscribe instructions are included at the bottom of each email.

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Internet Site. Although it implements all means to ensure the service permanently, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Site unavailable to carry out any operation of updating, improvement, or maintenance.

Intellectual Property

The brand, logo, and graphic charter of this Site are protected under copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of the Company will expose the infringer to civil and criminal proceedings.

Mediation

In the event of a claim by one or both Parties, they undertake to seek an amicable solution together prior to any legal action. In the event of a dispute between the Company and the Client, the latter must be resolved according to the provisions applicable to the relationship between the Company and the Client, and in particular in accordance with the rules provided by the sales conditions possibly set by the Company.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Company offers a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In case of a dispute, the Client can file a complaint on their website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

Applicable Law

These General Terms and Conditions of Sale are subject to French law. The official language of these General Terms and Conditions of Sale is French. Any dispute that may arise between the Company and a Client in the execution of these terms will be the subject of an attempt at amicable resolution. In case of a dispute, French courts will have sole jurisdiction. In the event that no agreement or mediation is possible, unless there is a legal provision to the contrary, in case of a dispute and in the absence of an amicable solution, express jurisdiction is granted to the Commercial Court of Aix-en-Provence.

Livraison des Produits

Le Produit est emballé avec soin par l’Artiste, le Collectionneur ou par la Société, selon un cahier des charges standardisé. Le Produit est ensuite confié à un transporteur spécialisé.

Lors de la commande (Panier) plusieurs options de la livraison s’offrent au Client :

  • « Livraison » - pour découvrir les coûts d'expédition, il faut choisir le pays de destination dans le résumé de commande de panier, les frais d'expédition seront ajoutés lors du paiement.  Toutefois il y a la possibilité de choisir la livraison de la toile roulée dans un tube (applicable uniquement pour les peintures créées sur la toile ou papier). L'œuvre sera expédiée enroulée dans un tube, sans châssis ni encadrement. Pour ce faire, le Client choisit l'option "Pickup" et indique sa demande de livraison de la peinture en tube dans l'onglet "Commentaires" sur la page de Panier. Dans ce cas, la livraison sera offerte.

  • «Pickup» -permet au Client de récupérer l'œuvre directement chez Arts-Discovery ou d'utiliser son propre service de livraison. Le Client peut sélectionner cette option si le coût de livraison lui semble trop élevé. Dans ce cas, le Client partage ses commentaires dans l'onglet 'Commentaires' disponible dans le panier. Arts-Discovery contactera à Client pour lui proposer d'autres options de livraison et lui fournir un devis personnalisé pour l'expédition de l'article. Si cette offre ne convient pas au Client, Arts-Discovery annulera la commande et procédera à un remboursement intégral.

Arts-Discovery s’engage à fournir tous les efforts matériels et humains pour préparer le Produit pour son expédition dans les meilleurs délais de 3 à 10 jours ouvrables. Si vous avez une date limite spécifique à respecter, merci à en nous informer lors de la finalisation de la commande en fournissant tous les détails dans l'onglet "Commentaires" du panier.  Dans ce cas Arts-Discovery déploiera tous les moyens nécessaires pour respecter ces délais ; en cas d'impossibilité, elle annulera la commande et procédera au remboursement intégral.

En cas de demandes spécifiques pour des Services additionnels (encadrement personnalisé, etc.) ou pour des articles sur commande, les délais pourraient être étendus.

Nous vous invitons à consulter  attentivement le descriptif correspondant à chaque pièce où les délais particuliers de la préparation de l'oeuvre avant l'expédition peuvent être précisés cas par cas. Les délais de la livraison dépendent de l'adresse de destination.  

Il est toutefois possible de modifier le mode de livraison lors du paiement en ligne à l'étape 2 "Mode de livraison".

 

La Société s’engage à fournir tous les efforts matériels et humains pour préparer le Produit pour son expédition dans les meilleurs délais de 3 à 10 jours ouvrables. Si le Client a une date limite spécifique à respecter, il s'engage à en informer la Société lors de sa commande en fournissant les détails requis dans l'onglet "Commentaires" du panier.  Dans ce cas la Société déploiera tous les moyens nécessaires pour respecter les délais ; en cas d'impossibilité, elle annulera la commande et procédera au remboursement intégral. En cas de demandes spécifiques du Client pour des Services additionnels (encadrement personnalisé, etc.) ou pour des Produits sur commande, les délais pourraient être étendus. La Société invite le Client à consulter  attentivement le descriptif correspondant à chaque Produit où les délais particuliers de la préparation du Produit avant l'expédition peuvent être précisés. 

Les délais de la livraison et les coûts seront calculés en fonction des dimensions et du poids du Produit commandé, de l'adresse de collecte (l'atelier de l'Artiste ou une adresse déterminée par la Société) et de l'adresse de destination (l'adresse du Client). Ceux-ci peuvent varier en fonction de la zone géographique du Client, du mode de livraison choisi ou encore du Produit commandé. Dans le cas où la livraison serait impossible, du fait d’une erreur sur l’adresse indiquée par le Client, la Société contactera le Client le plus rapidement possible afin d’obtenir une nouvelle adresse de livraison et les éventuels frais de livraison supplémentaires seront à la charge du Client.

La Société ne peut être tenue pour responsable des retards de livraison pour des motifs qui échappent à son contrôle, sont indépendants de sa volonté, imprévisibles et irrésistibles, ou dont la faute ne peut lui être imputée. En outre, la responsabilité de la Société ne peut être engagée pour des motifs liés au dépassement des délais de livraison dans les cas suivants : en périodes de forte demande, telles que les périodes de fêtes ou d'événements exceptionnels, et pour des délais provoqués par des événements de force majeure tels que des catastrophes naturelles, des conflits armés, des actes de terrorisme, des grèves, des troubles civils ou tout autre événement indépendant de la volonté de la Société ; pour des retards ou des problèmes liés exclusivement au transporteur chargé de la livraison et sur lesquels la Société n'a aucun contrôle direct.

Dans le cas où un retard d'expédition est constaté, la Société s'engage à contacter le Client pour l'informer d'une éventuelle conséquence sur le délai de livraison. Toutefois, la Société ne peut en aucun cas être tenue responsable des retards de livraison résultant de ces motifs indépendants de sa volonté. Dès réception de la commande, le Client est tenu de vérifier l'état de la pièce et de signaler par écrit et sans délai toute réserve à la Société, au plus tard dans les 48 heures.

En cas de non-réception injustifiée des Produits par le Client, la Société n'est pas tenue de rembourser le prix.​

Droit et effets de rétractation

Conformément aux dispositions de l'article L.121-21 du Code de la Consommation, le Client a le droit de rétraction des Produits achetés sur les Site sans avoir à justifier de motifs ni à payer de pénalité dans un délai de quatorze (14) jours. Le délai de rétractation expire quatorze jours après le jour où le Client, ou un tiers autre que le transporteur et désigné par le Client, prend physiquement possession du dernier bien.

Pour exercer le droit de rétractation, le Client doit notifier la Société sa décision de rétractation du Produit soit par courrier électronique à l’adresse suivante : contact@arts-discovery.com, soit par lettre envoyée par voie postale à l’adresse suivante : 37 boulevard Aristide Briand, 13100 Aix-en-Provence, France.  La Société ne saurait être tenue pour responsable du retard, de la perte ou de la mauvaise distribution d’un courrier/courriel, ni de son envoi ou non à une adresse électronique erronée.

 

Pour que le délai de rétractation soit respecté, il suffit que le Client transmette sa communication relative à l’exercice du droit de rétractation avant l’expiration du délai de rétraction de quatorze jours.

 

En cas de rétractation, conformément aux dispositions légales en vigueur, la Société rembourse tous les paiements, y compris les frais de livraison initiaux (à l'exception des frais supplémentaires résultant du choix du Client comme  un mode de livraison autre que le mode de livraison standard le moins cher proposé par la Société), sans retard excessif et en tout état de cause au plus tard 14 jours à compter du jour où la Société est informée par le Client de la décision de rétracter du présent contrat. La Société ne rembourse pas les frais supplémentaires liés à la fourniture des Produits et Services additionnelles du Client. Si tel est le cas, la Société rembourse le montant en déduisant les frais complémentaires liés.

 

Le remboursement sera effectué en utilisant le même moyen de paiement que celui que le Client a utilisé pour la transaction initiale, à moins que le Client ne demande expressément un autre moyen de remboursement. En outre, la Société peut convenir avec le Client d'un échange contre une autre œuvre.

 

La Société réserve le droit de différer le remboursement jusqu'à ce qu’elle ait reçu le(s) Produit(s) ou jusqu'à ce que le Client ait fourni une preuve d'expédition de(s) Produit(s), selon la première éventualité. Le remboursement ne sera effectué qu'après réception ou preuve d'expédition de(s) Produit(s), dans leur état d'origine, complets et accompagnés de tous les accessoires éventuels.

 

Les frais de la livraison liée au retour du Produit (frais d'emballage, d'expédition, d’assurance, etc.) sont à la charge du Client et relèvent de son entière responsabilité. Les retours sont à effectuer dans leur état d’origine et complets (emballage équivalent à celui d’origine) et accompagnée le cas échéant de l’original de(s) certificat(s) d’authenticité, directement à l’adresse de l’expédition (soit celle de l’Artiste, soit celle que la Société indiquera). Tout dommage subi par le Produit à cette occasion peut être de nature à faire échec au droit de rétractation.

Le droit de rétractation ne s’applique pas aux œuvres sur commande, crées sur mesure et louées.

GENERAL TERMS AND CONDITIONS OF SALE

PRIVACY AND COOKIE POLICY

Preamble

The company "Arts-Discovery" invites Users to carefully read these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The GTC apply to all products and services offered by the company "Arts-Discovery" on its website www.arts-discovery.com. Any order placed for a product listed on the online store at www.arts-discovery.com implies the prior acceptance of these general conditions. This website connects Artists and Collectors with buyers. These conditions may be subject to change without notice. In this case, the applicable conditions will be those in effect on the site at the time of the order.

Definitions

"Company" refers to the "Arts-Discovery" company;

"Site" refers to the website www.arts-discovery.com;

"Client" refers to the user of the site who has placed an order for a product sold on the website or benefited from the service;

"Parties" refers to the Company and the Client;

"Order" refers to any order placed by the Client on this Site;

"Product/Products" refers to the physical things sold on this Site, specifically original artworks, art prints, design objects, and other items;

"Artist" refers to the person who creates and sells the products;

"Collector" refers to the person who sells the products; "Services" refers to the services provided.

Sales Contract

In accordance with the provisions of the Civil Code relating to the conclusion of online contracts, the sales contract will be concluded when the Client clicks on the button to confirm the order.

The Client can access the summary of their virtual shopping cart to confirm or modify the Products they wish to order and place their Order by pressing the "Validate" button.

They must provide a valid address and payment method to finalize the Order. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated. Once the Order is placed, the Client will receive confirmation by email at the address provided. This confirmation will summarize the Order as well as relevant information regarding delivery and additional options.

It is possible that the Order for Products and Services is made outside the Site. In this case, all arrangements will be made outside the Site directly between the Company and the Client by electronic or telephone means.

Assignment of Copyright

The Artist and the Collector retain ownership rights over the Products sold until full payment of the price by the Client. They may, therefore, regain possession of said Products in case of non-payment. During a sale, the Artist and the Collector assign, in accordance with the provisions of Article L. 122-7 of the Intellectual Property Code, to the Client the physical Product and its patrimonial rights and the right of representation to the public. The artist always retains moral rights over the Product as well as the rights related to its reproduction. The buyer may exhibit the work anywhere of their choice, present it to the public, sell, lend, or rent it.

Products and Prices

As each Product is unique or reproduced in limited quantities, the sale is always concluded subject to its availability. The Products sold on the Site are all original. In the majority of cases, a certificate of authenticity issued by the Artist will be provided to the Client acquiring the Product. The Company invites the Client to carefully read the description corresponding to the Product of interest: it is systematically specified whether the Product is sold with the certificate of authenticity or not. If they are limited edition works, they are reproduced in a quantity in accordance with applicable rules and regularly numbered.

The sale price of the Products is displayed on the Site in euros and includes all taxes. In principle, as a microenterprise, the Company does not charge VAT since it benefits from the "VAT base franchise" system, therefore VAT is not applicable (art. 293 B of the CGI).

Delivery, framing costs, customs duties, and import taxes, and local taxes remain the responsibility of the Client. The products are described on the site on the corresponding page, mentioning all their essential characteristics. The actual size may vary slightly from one product to another compared to the official dimensions mentioned on the site. The Company strives to present and describe the printed colors of the products as faithfully as possible on the website. However, it cannot guarantee that the colors of the delivered goods will be exactly as displayed on the Buyer's monitor or home printing device. If, despite the Company's vigilance, a product is no longer available from an Artist or a Collector, the Client will be informed promptly, and their order will be canceled and refunded. The unavailability of a product cannot in any case engage the responsibility of the Company, nor does it give any right to compensation or damages in favor of the Client.

The price of the Product may be changed at any time, up or down. The invoiced price of the corresponding Product is in all cases the price displayed on the Site at the time the order is validated by the Client. In the case of delivery to a country other than France, its Overseas Territories, or outside the European Union, the invoiced price is the price excluding taxes. If customs duties, local taxes, or import duties are due, these duties are the responsibility of the Client and are entirely their responsibility, both in terms of declarations and payments to the competent authorities and organizations. It is their responsibility to inquire with the competent authorities.

Delivery costs (packaging, shipping, insurance, etc.) will be detailed, if applicable, in the summary before proceeding to payment for the Order. Shipping costs depend on the nature of the Product as well as the delivery location.

Means of Payment

Unless otherwise provided, all purchases of Products are paid in cash at the time of placing the Order. In case of non-payment for any reason whatsoever, the sale will be automatically canceled, and the work will be put back up for sale.

The validation of the Order consists of two essential steps: selecting the delivery address and choosing a payment method. For the Order to be definitively recorded, each of these steps must be validated. Once the Order is validated, the Company invoices it by email to the email address provided by the Client.

Payments on the Site are made through Stripe, a secure web payment infrastructure (publisher: Stripe Payments Europe, Ltd. (SPEL), email: heretohelp@stripe.com, phone: +33 805 11 19 67, address: 10 Boulevard Haussmann, 75009 Paris, France). The Company does not store payment information.

Payment is also possible from the Client's PayPal account.

In the case of payment outside the Site, payment can be made using the following options: by credit card from the payment terminal; by bank transfer; by PayPal (invoice).

The transfer of ownership of the Product takes place after the full payment of the sale price and its accessories.

Product Delivery

The product is carefully packaged by the Artist or the Company, according to standardized specifications. The product is then entrusted to a specialized carrier.

When placing an order (Cart), various delivery options are available to the Customer:

  • "Delivery" - Shipping fees applicable to your order will be added during payment. The Customer has the option to choose delivery of the canvas rolled in a tube, significantly reducing shipping costs. To do this, the Customer fills out the "Your comments" tab before proceeding to payment.

  • "Canvas without frame" - The economical alternative involves delivering the canvas rolled in a tube, particularly suitable for countries farthest from France. The artwork will be shipped rolled in a tube, without a frame or framing (if applicable).

  • "Pickup in Aix-en-Provence" - The option to retrieve the product by the customer or to use their own delivery service. In both cases, the risk of damage or loss of the merchandise is transferred to the Customer upon retrieval of the artwork at the address indicated by the Company. It is understood that the retrieval of the product by the Customer, or by their delivery service, or by their trusted third parties, is equivalent to its receipt by the Customer.

 

In certain specific cases, Arts-Discovery offers a free delivery service (in the Aix-en-Provence region). To benefit from this option, please contact us, and we will do our best to find the most satisfactory solution.

It is possible to modify the delivery method during online payment at step 2 "Delivery Method."

The Company undertakes to make every material and human effort to prepare the Product for dispatch within the shortest possible time of 3 to 10 working days. If the Customer has a specific deadline to meet, he/she undertakes to inform the Company of this at the time of ordering by providing the required details in the "Comments" tab of the shopping basket.  In this case, the Company will make every effort to meet the deadline; if this is not possible, it will cancel the order and refund the Customer in full. In the event of specific requests from the Customer for additional Services (personalised frames, etc.) or for customised Products, lead times may be extended. The Company invites the Customer to carefully consult the description corresponding to each Product where the specific lead times for the preparation of the Product before dispatch may be specified.

Delivery times and costs will be calculated according to the dimensions and weight of the Product ordered, the collection address (the Artist's studio or an address determined by the Company) and the destination address (the Client's address). These may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered. In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.

The Company cannot be held responsible for delivery delays for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be blamed. Furthermore, the Company's liability cannot be incurred for reasons related to exceeding delivery times in the following cases: during periods of high demand, such as holidays or exceptional events, and for delays or problems exclusively related to the carrier responsible for delivery and over which the Company has no direct control.

In the event of a shipping delay, the Company undertakes to contact the Customer to inform them of any potential impact on the delivery time. However, the Company cannot be held responsible for delivery delays resulting from these reasons beyond its control. Upon receipt of the order, the Customer is required to check the condition of the piece and report any reservations to the Company in writing and without delay, no later than 48 hours.

In the event of unjustified non-receipt of the products by the Customer, the Company is not obliged to refund the price.

Right of Withdrawal and Effects

In accordance with the provisions of Article L.121-21 of the Consumer Code, the Client has the right of withdrawal without having to justify reasons or pay penalties within fourteen (14) days. The withdrawal period expires fourteen days after the day on which the Client, or a third party other than the carrier and designated by the Client, physically takes possession of the last good.

To exercise the right of withdrawal, the Client must notify the Company of their decision to withdraw from the Product either by email to the following address: contact@arts-discovery.com, or by letter sent by post to the following address: 37 boulevard Artistide Briand, 13100 Aix-en-Provence, France. The Company cannot be held responsible for the delay, loss, or improper distribution of mail/email, nor for its sending or non-sending to an incorrect email address.

To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the expiration of the fourteen-day withdrawal period.

In the event of withdrawal, in accordance with current legal provisions, the Company refunds all payments, including the initial delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Company, custom framing, etc.), without undue delay and in any case no later than 14 days from the day the Company is informed by the Customer of the decision to withdraw from the present contract.

The refund will be made using the same means of payment as the one used by the Client for the initial transaction, unless the Client expressly requests another refund method. In addition, the Company may agree with the Client to exchange it for another work.

The Company reserves the right to defer the refund until it has received the Product(s) or until the Client has provided proof of dispatch of the Product(s), depending on the first event. The refund will only be made after receipt or proof of dispatch of the Product(s), in their original condition, complete and accompanied by any accessories.

Delivery costs (packaging, shipping, insurance, etc.) are the responsibility of the Client and are entirely their responsibility. Returns must be made in their original condition and complete (packaging equivalent to the original) and accompanied, where applicable, by the original certificate(s) of authenticity, directly to the shipping address (either that of the Artist or that indicated by the Company). Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.

The right of withdrawal does not apply to commissioned works, custom-made works, and rented works.

Legal Guarantees

The Company undertakes to respect and implement the legal guarantees enjoyed by the Client under the Consumer Code. Thus, in accordance with Article L. 211-4 of the Consumer Code, the Company guarantees to the Client that the Products delivered are in conformity with the contract and free from conformity defects existing at the time of delivery. In the event of non-compliance of the Product, the Client may ask the Company to replace or repair it, at no additional cost, within a reasonable period from the request. In addition, under Article 1641 of the Civil Code, the Company is also responsible for hidden defects. In the event of a conflict, the Client is encouraged to contact the Company to find an amicable solution.

Editorial Information

The Site disseminates various editorial content (articles, files, practical information, etc.) produced by itself. These contents and services are offered for informational purposes only. Although it undertakes to implement all means at its disposal to offer Internet users quality content and services, the Company does not guarantee the completeness, accuracy, or updating of said content and services. The Company strives to publish photos of good quality, which faithfully represent the appearance and colors of each work, but there may be very slight differences due to technical aspects.

Modifications and Liability

The Company reserves the right to modify the Site, the GTC, as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed and confirmed, the Client is subject to the stipulations set out in the GTC in force at the time of placing the Order.

Hyperlinks and Cookies

The Site may contain hyperlinks to third-party sites. The decision to activate these links is the full and sole responsibility of the user of the Site, who is informed that the Site exercises no control over these sites and their content, and declines any responsibility for their access, content, availability, or use, as well as the consequences of any kind that may result from their consultation.

In addition, to facilitate the use of services by the user of the Site, the Company uses cookies that improve the accessibility of the Site and identify regular visitors. Moreover, they improve the user experience by tracking and targeting the interests of visitors. However, the use of these cookies does not involve the collection of personally identifiable information on the Site.

Protection of Personal Data

The information and data concerning the Site's Client are collected to enable the management of orders and after-sales service, as well as for sending newsletters. They may be communicated to the Site's service providers responsible for the execution of services and orders for their management, execution, processing, and payment. However, they cannot be used by third parties for other purposes without authorization. The Company undertakes never to disclose to a partner or third party the personal information (name, first name, phone number, email address, etc.) that the Client enters on the site. The Company also undertakes to respect the confidentiality of emails transmitted via electronic mail, as well as personal information provided by phone. The use of this information is limited to the service provided by the Company.

The information and data are also stored for security purposes, to comply with current legal and regulatory obligations. In accordance with the law of January 6, 1978, the Client has the right to access, rectify, and object to the nominative information and personal data concerning them, at the following email address: contact@arts-discovery.com.

The Company will keep order forms and invoices on a reliable and durable medium, complying with the standards of Article 1348 of the Civil Code to ensure their compliance and fidelity. The parties involved will consider the computerized records of the company as proof of exchanges, orders, payments, and transactions that have occurred between them.

The Company uses the email address provided by the Client to send information and updates regarding their order, occasional news from the Company, information about related products, etc. If the Client wishes to unsubscribe at any time and no longer receive emails from the Company, detailed unsubscribe instructions are included at the bottom of each email.

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Internet Site. Although it implements all means to ensure the service permanently, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Site unavailable to carry out any operation of updating, improvement, or maintenance.

Intellectual Property

The brand, logo, and graphic charter of this Site are protected under copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of the Company will expose the infringer to civil and criminal proceedings.

Mediation

In the event of a claim by one or both Parties, they undertake to seek an amicable solution together prior to any legal action. In the event of a dispute between the Company and the Client, the latter must be resolved according to the provisions applicable to the relationship between the Company and the Client, and in particular in accordance with the rules provided by the sales conditions possibly set by the Company.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Company offers a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In case of a dispute, the Client can file a complaint on their website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

Applicable Law

These General Terms and Conditions of Sale are subject to French law. The official language of these General Terms and Conditions of Sale is French. Any dispute that may arise between the Company and a Client in the execution of these terms will be the subject of an attempt at amicable resolution. In case of a dispute, French courts will have sole jurisdiction. In the event that no agreement or mediation is possible, unless there is a legal provision to the contrary, in case of a dispute and in the absence of an amicable solution, express jurisdiction is granted to the Commercial Court of Aix-en-Provence.

GENERAL TERMS AND CONDITIONS OF SALE

PRIVACY AND COOKIE POLICY

Preamble

The company "Arts-Discovery" invites Users to carefully read these General Terms and Conditions of Sale (hereinafter referred to as the "GTC"). The GTC apply to all products and services offered by the company "Arts-Discovery" on its website www.arts-discovery.com. Any order placed for a product listed on the online store at www.arts-discovery.com implies the prior acceptance of these general conditions. This website connects Artists and Collectors with buyers. These conditions may be subject to change without notice. In this case, the applicable conditions will be those in effect on the site at the time of the order.

Definitions

"Company" refers to the "Arts-Discovery" company;

"Site" refers to the website www.arts-discovery.com;

"Client" refers to the user of the site who has placed an order for a product sold on the website or benefited from the service;

"Parties" refers to the Company and the Client;

"Order" refers to any order placed by the Client on this Site;

"Product/Products" refers to the physical things sold on this Site, specifically original artworks, art prints, design objects, and other items;

"Artist" refers to the person who creates and sells the products;

"Collector" refers to the person who sells the products; "Services" refers to the services provided.

Sales Contract

In accordance with the provisions of the Civil Code relating to the conclusion of online contracts, the sales contract will be concluded when the Client clicks on the button to confirm the order.

The Client can access the summary of their virtual shopping cart to confirm or modify the Products they wish to order and place their Order by pressing the "Validate" button.

They must provide a valid address and payment method to finalize the Order. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated. Once the Order is placed, the Client will receive confirmation by email at the address provided. This confirmation will summarize the Order as well as relevant information regarding delivery and additional options.

It is possible that the Order for Products and Services is made outside the Site. In this case, all arrangements will be made outside the Site directly between the Company and the Client by electronic or telephone means.

Assignment of Copyright

The Artist and the Collector retain ownership rights over the Products sold until full payment of the price by the Client. They may, therefore, regain possession of said Products in case of non-payment. During a sale, the Artist and the Collector assign, in accordance with the provisions of Article L. 122-7 of the Intellectual Property Code, to the Client the physical Product and its patrimonial rights and the right of representation to the public. The artist always retains moral rights over the Product as well as the rights related to its reproduction. The buyer may exhibit the work anywhere of their choice, present it to the public, sell, lend, or rent it.

Products and Prices

As each Product is unique or reproduced in limited quantities, the sale is always concluded subject to its availability. The Products sold on the Site are all original. In the majority of cases, a certificate of authenticity issued by the Artist will be provided to the Client acquiring the Product. The Company invites the Client to carefully read the description corresponding to the Product of interest: it is systematically specified whether the Product is sold with the certificate of authenticity or not. If they are limited edition works, they are reproduced in a quantity in accordance with applicable rules and regularly numbered.

The sale price of the Products is displayed on the Site in euros and includes all taxes. In principle, as a microenterprise, the Company does not charge VAT since it benefits from the "VAT base franchise" system, therefore VAT is not applicable (art. 293 B of the CGI).

Delivery, framing costs, customs duties, and import taxes, and local taxes remain the responsibility of the Client. The products are described on the site on the corresponding page, mentioning all their essential characteristics. The actual size may vary slightly from one product to another compared to the official dimensions mentioned on the site. The Company strives to present and describe the printed colors of the products as faithfully as possible on the website. However, it cannot guarantee that the colors of the delivered goods will be exactly as displayed on the Buyer's monitor or home printing device. If, despite the Company's vigilance, a product is no longer available from an Artist or a Collector, the Client will be informed promptly, and their order will be canceled and refunded. The unavailability of a product cannot in any case engage the responsibility of the Company, nor does it give any right to compensation or damages in favor of the Client.

The price of the Product may be changed at any time, up or down. The invoiced price of the corresponding Product is in all cases the price displayed on the Site at the time the order is validated by the Client. In the case of delivery to a country other than France, its Overseas Territories, or outside the European Union, the invoiced price is the price excluding taxes. If customs duties, local taxes, or import duties are due, these duties are the responsibility of the Client and are entirely their responsibility, both in terms of declarations and payments to the competent authorities and organizations. It is their responsibility to inquire with the competent authorities.

Delivery costs (packaging, shipping, insurance, etc.) will be detailed, if applicable, in the summary before proceeding to payment for the Order. Shipping costs depend on the nature of the Product as well as the delivery location.

Means of Payment

Unless otherwise provided, all purchases of Products are paid in cash at the time of placing the Order. In case of non-payment for any reason whatsoever, the sale will be automatically canceled, and the work will be put back up for sale.

The validation of the Order consists of two essential steps: selecting the delivery address and choosing a payment method. For the Order to be definitively recorded, each of these steps must be validated. Once the Order is validated, the Company invoices it by email to the email address provided by the Client.

Payments on the Site are made through Stripe, a secure web payment infrastructure (publisher: Stripe Payments Europe, Ltd. (SPEL), email: heretohelp@stripe.com, phone: +33 805 11 19 67, address: 10 Boulevard Haussmann, 75009 Paris, France). The Company does not store payment information.

Payment is also possible from the Client's PayPal account.

In the case of payment outside the Site, payment can be made using the following options: by credit card from the payment terminal; by bank transfer; by PayPal (invoice).

The transfer of ownership of the Product takes place after the full payment of the sale price and its accessories.

Product Delivery

The product is carefully packaged by the Artist or the Company, according to standardized specifications. The product is then entrusted to a specialized carrier.

When placing an order (Cart), various delivery options are available to the Customer:

  • "Delivery" - Shipping fees applicable to your order will be added during payment. The Customer has the option to choose delivery of the canvas rolled in a tube, significantly reducing shipping costs. To do this, the Customer fills out the "Your comments" tab before proceeding to payment.

  • "Canvas without frame" - The economical alternative involves delivering the canvas rolled in a tube, particularly suitable for countries farthest from France. The artwork will be shipped rolled in a tube, without a frame or framing (if applicable).

  • "Pickup in Aix-en-Provence" - The option to retrieve the product by the customer or to use their own delivery service. In both cases, the risk of damage or loss of the merchandise is transferred to the Customer upon retrieval of the artwork at the address indicated by the Company. It is understood that the retrieval of the product by the Customer, or by their delivery service, or by their trusted third parties, is equivalent to its receipt by the Customer.

 

In certain specific cases, Arts-Discovery offers a free delivery service (in the Aix-en-Provence region). To benefit from this option, please contact us, and we will do our best to find the most satisfactory solution.

It is possible to modify the delivery method during online payment at step 2 "Delivery Method."

The Company undertakes to make every material and human effort to prepare the Product for dispatch within the shortest possible time of 3 to 10 working days. If the Customer has a specific deadline to meet, he/she undertakes to inform the Company of this at the time of ordering by providing the required details in the "Comments" tab of the shopping basket.  In this case, the Company will make every effort to meet the deadline; if this is not possible, it will cancel the order and refund the Customer in full. In the event of specific requests from the Customer for additional Services (personalised frames, etc.) or for customised Products, lead times may be extended. The Company invites the Customer to carefully consult the description corresponding to each Product where the specific lead times for the preparation of the Product before dispatch may be specified.

Delivery times and costs will be calculated according to the dimensions and weight of the Product ordered, the collection address (the Artist's studio or an address determined by the Company) and the destination address (the Client's address). These may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered. In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.

The Company cannot be held responsible for delivery delays for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be blamed. Furthermore, the Company's liability cannot be incurred for reasons related to exceeding delivery times in the following cases: during periods of high demand, such as holidays or exceptional events, and for delays or problems exclusively related to the carrier responsible for delivery and over which the Company has no direct control.

In the event of a shipping delay, the Company undertakes to contact the Customer to inform them of any potential impact on the delivery time. However, the Company cannot be held responsible for delivery delays resulting from these reasons beyond its control. Upon receipt of the order, the Customer is required to check the condition of the piece and report any reservations to the Company in writing and without delay, no later than 48 hours.

In the event of unjustified non-receipt of the products by the Customer, the Company is not obliged to refund the price.

Right of Withdrawal and Effects

In accordance with the provisions of Article L.121-21 of the Consumer Code, the Client has the right of withdrawal without having to justify reasons or pay penalties within fourteen (14) days. The withdrawal period expires fourteen days after the day on which the Client, or a third party other than the carrier and designated by the Client, physically takes possession of the last good.

To exercise the right of withdrawal, the Client must notify the Company of their decision to withdraw from the Product either by email to the following address: contact@arts-discovery.com, or by letter sent by post to the following address: 37 boulevard Artistide Briand, 13100 Aix-en-Provence, France. The Company cannot be held responsible for the delay, loss, or improper distribution of mail/email, nor for its sending or non-sending to an incorrect email address.

To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the expiration of the fourteen-day withdrawal period.

In the event of withdrawal, in accordance with current legal provisions, the Company refunds all payments, including the initial delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Company, custom framing, etc.), without undue delay and in any case no later than 14 days from the day the Company is informed by the Customer of the decision to withdraw from the present contract.

The refund will be made using the same means of payment as the one used by the Client for the initial transaction, unless the Client expressly requests another refund method. In addition, the Company may agree with the Client to exchange it for another work.

The Company reserves the right to defer the refund until it has received the Product(s) or until the Client has provided proof of dispatch of the Product(s), depending on the first event. The refund will only be made after receipt or proof of dispatch of the Product(s), in their original condition, complete and accompanied by any accessories.

Delivery costs (packaging, shipping, insurance, etc.) are the responsibility of the Client and are entirely their responsibility. Returns must be made in their original condition and complete (packaging equivalent to the original) and accompanied, where applicable, by the original certificate(s) of authenticity, directly to the shipping address (either that of the Artist or that indicated by the Company). Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.

The right of withdrawal does not apply to commissioned works, custom-made works, and rented works.

Legal Guarantees

The Company undertakes to respect and implement the legal guarantees enjoyed by the Client under the Consumer Code. Thus, in accordance with Article L. 211-4 of the Consumer Code, the Company guarantees to the Client that the Products delivered are in conformity with the contract and free from conformity defects existing at the time of delivery. In the event of non-compliance of the Product, the Client may ask the Company to replace or repair it, at no additional cost, within a reasonable period from the request. In addition, under Article 1641 of the Civil Code, the Company is also responsible for hidden defects. In the event of a conflict, the Client is encouraged to contact the Company to find an amicable solution.

Editorial Information

The Site disseminates various editorial content (articles, files, practical information, etc.) produced by itself. These contents and services are offered for informational purposes only. Although it undertakes to implement all means at its disposal to offer Internet users quality content and services, the Company does not guarantee the completeness, accuracy, or updating of said content and services. The Company strives to publish photos of good quality, which faithfully represent the appearance and colors of each work, but there may be very slight differences due to technical aspects.

Modifications and Liability

The Company reserves the right to modify the Site, the GTC, as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed and confirmed, the Client is subject to the stipulations set out in the GTC in force at the time of placing the Order.

Hyperlinks and Cookies

The Site may contain hyperlinks to third-party sites. The decision to activate these links is the full and sole responsibility of the user of the Site, who is informed that the Site exercises no control over these sites and their content, and declines any responsibility for their access, content, availability, or use, as well as the consequences of any kind that may result from their consultation.

In addition, to facilitate the use of services by the user of the Site, the Company uses cookies that improve the accessibility of the Site and identify regular visitors. Moreover, they improve the user experience by tracking and targeting the interests of visitors. However, the use of these cookies does not involve the collection of personally identifiable information on the Site.

Protection of Personal Data

The information and data concerning the Site's Client are collected to enable the management of orders and after-sales service, as well as for sending newsletters. They may be communicated to the Site's service providers responsible for the execution of services and orders for their management, execution, processing, and payment. However, they cannot be used by third parties for other purposes without authorization. The Company undertakes never to disclose to a partner or third party the personal information (name, first name, phone number, email address, etc.) that the Client enters on the site. The Company also undertakes to respect the confidentiality of emails transmitted via electronic mail, as well as personal information provided by phone. The use of this information is limited to the service provided by the Company.

The information and data are also stored for security purposes, to comply with current legal and regulatory obligations. In accordance with the law of January 6, 1978, the Client has the right to access, rectify, and object to the nominative information and personal data concerning them, at the following email address: contact@arts-discovery.com.

The Company will keep order forms and invoices on a reliable and durable medium, complying with the standards of Article 1348 of the Civil Code to ensure their compliance and fidelity. The parties involved will consider the computerized records of the company as proof of exchanges, orders, payments, and transactions that have occurred between them.

The Company uses the email address provided by the Client to send information and updates regarding their order, occasional news from the Company, information about related products, etc. If the Client wishes to unsubscribe at any time and no longer receive emails from the Company, detailed unsubscribe instructions are included at the bottom of each email.

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Internet Site. Although it implements all means to ensure the service permanently, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Site unavailable to carry out any operation of updating, improvement, or maintenance.

Intellectual Property

The brand, logo, and graphic charter of this Site are protected under copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of the Company will expose the infringer to civil and criminal proceedings.

Mediation

In the event of a claim by one or both Parties, they undertake to seek an amicable solution together prior to any legal action. In the event of a dispute between the Company and the Client, the latter must be resolved according to the provisions applicable to the relationship between the Company and the Client, and in particular in accordance with the rules provided by the sales conditions possibly set by the Company.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Company offers a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In case of a dispute, the Client can file a complaint on their website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

Applicable Law

These General Terms and Conditions of Sale are subject to French law. The official language of these General Terms and Conditions of Sale is French. Any dispute that may arise between the Company and a Client in the execution of these terms will be the subject of an attempt at amicable resolution. In case of a dispute, French courts will have sole jurisdiction. In the event that no agreement or mediation is possible, unless there is a legal provision to the contrary, in case of a dispute and in the absence of an amicable solution, express jurisdiction is granted to the Commercial Court of Aix-en-Provence.

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