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Art and comic art gallery

Terms and conditions

1. Purpose

The following general conditions of sale fill the purpose of informing each prospecting buyer on the conditions and ways in which the selling and delivering of purchased objects happen, and to define the rights and obligations of each party.

The following general conditions of sale apply, without restriction or reserve, to each and every object proposed on the website: http:/www.bdartwork.com

As a consequence, the fact for every person to purchase a product offered on the Website implies an utter and complete agreeing with the general conditions of sale, that the Buyer recognizes having read. The Buyer accepts the application of the general conditions of sale to every transaction or operation.

The Buyer declares possessing the full range of his judiciary capacity, allowing him to commit and act for himself as a private person. The contract has nothing to do with his professional activity.

The Buyer keeps a prerogative to modify at every moment the general conditions of sale. In that case, the conditions that apply are those enforced at the time of the purchase.

2. Seller’s Identification

The company: BD ARTWORK SAS at the capital of 100 €

Head Office : 16, Boulevard Saint Germain -75005 Paris – France

N°siret : 754 050 052 R .C.S. Paris N°TVA intra-communautaire : processing

It has as a purpose : the exposition, direct sale or sale for the profit of authors and artists, mainly from the comics universe, of original pieces (strips, illustrations, paintings, collages, sculpture, or others) and/or the edition and sale of multiples like lithography, head-shots, art-books taken from an original work, screen printing.

The Seller is acting for the artist to commercialize the exposed original pieces and to bill and receive the prize on their account, as well as to edit and sell multiples or reproductions of those.

3. Buyer’s Identification

The Buyer, if he wishes to order a piece and/or a product put up for sale on the website, has to identify himself before, by creating a personal account by filling up the mandatory elements of the form « create an account » and commits to give exact, updated and honest information.

4. Order

Each purchase being independent from another, the purchase of a work or a product will produce a specific purchase ticket, which will be validated online by the Buyer and of which the website will give a reception notice, without this notice being considered as a firm and definitive of the purchase, which stays subject to the procedure explained in following article 6.

From the moment when the Buyer has recorded its purchase, he is considered to have accepted knowingly and without objections the present general conditions of sale, and the prices and fees corresponding to his purchase.

5. Payment

Except for a specific agreement, the entire payment of the price is demanded at the purchase and will happen using a credit card on the website PAYPAL with which the Seller has concluded an agreement to ensure secure payments. The transmitted datas are checked by said security website before agreement. They are never or under any circumstances considered to belong to BD ARTWORK.

In case of a specific agreement for another way of payment, it will be done by a bank transfer from account to account, the extra fees being payed entirely by the Buyer.

The Seller keeps the right to suspend or cancel any purchase and/or delivery in case of a failure in payment, even in part of a due sum and/or a fraud or attempted fraud that has to do with the using of the website.

6. Pro-forma Billing

Following the order, the client will receive via e-mail a pro-forma bill and will be directed from the email to the secured payment website.

When receiving the whole payment on the secured website, an order confirmation will be issued to the Buyer along with a final bill. The sale will only be considered final after the issue of this order confirmation to the Buyer.

7. Price

The prices of the art pieces and products are displayed in Euros.

They are displayed with taxes included and don’t include the participation to the delivery and expedition fees, which are at the expense of the Buyer and are billed extra according to the characteristics of the delivery.

The sum of delivery and expedition fees will be individualized for each order according to ranges of prices as indicated in the following article 9.

8. Exports

In the case of an export order to another country than metropolitan France, it has to be reiterated to the Buyer, who then accepts all the consequences, that he is and stays in charge of the importation of one or several products. Every custom fee, and other local taxes, importation fees, state taxes that could be demanded won’t be the prerogative of the Seller, but of the Buyer who takes responsibility for it.

It is up to the Buyer to check with the local authorities for the importation and using possibilities of the pieces or products he plans on buying and to take care of every mandatory declaration or payment.

The Seller takes no responsibility in case of a breach of the legislation enforced in the country where the pieces or products will be introduced by the Buyer.

9. Transportation

The transportation and transport conditions offered by the Website are, as follows :

  • Via followed Chronopost for works of art and products of size an nature matching the usual services offered by Chronopost.
  • For the works and products whose size, weight or nature don't allow use of the standardised services mentionned above and/or works of art whose price is above 5,000 euros (five thousand), a specific cotation will be done with the purchase and submited to the buyer's approbation.

10. VAT

Excluding a specific disposition, every resident of the European-Union will be billed the amount of French VAT during the validation of their order.

The BD ARTWORK company keeps its prerogative to refuse each tax removal demand that wouldn’t fit the agreed conditions

11. Order execution

The purchases will be treated according to their arrival order and the Seller will try to treat them as quickly as possible. The products will only be sent after full payment of the bill.

In case of a stock shortage or unavailability of the ordered product, the Seller commits to precise it on the website and to inform the Buyer via an email id that unavailability should occur after the order.

12. Payment defect – propriety reserve

The pieces and products ordered stay the propriety of the Seller until the final and total payment of their prices.

In the case of an outside the European-Union delivery for which the client should refuse to pay the customs fees, VAT or other taxes from the carrier, any return expense would be entirely at the expense of the Buyer.

13. Delivery

Deliveries are made to the address noted on the purchase ticket.

In case of a delivery to a different address from the one of billing, i twill be the prerogative of the Buyer to indicate it clearly. The delivery is considered done right after the handing out of the piece or product to the carrier (against the signature of the purchase ticket).

Except in the case of a specific disposition, the carrying/delivery will be handled by the carrier with whom the company has concluded and negotiated agreements from which the Buyer can benefit at the price agreed on and validated during the purchase.

At delivery, the Buyer will have to check the content, conformity and state of the pieces or products. In case of a delay, damage, total or partial loss or any other problem, it is up to the client to exercise any recourse with the carrier, without the responsibility of the Seller ever being involved.

During the delivery, the Seller recommends the Buyer to proceed to the observation of the state of the delivered products before signing the acknowledgement of receipt of the package. If the Buyer notices any abnormality, he has to refuse the delivery of the products or express written reservations, precise and dated. Those reservations will have to be confirmed with the carrier with a signed letter including an acknowledgement of receipt in the three following days after the delivery of the products. A copy will be sent to the Seller.

The period of expedition is, unless it is differently, of 10 (ten) working days to which you can add delivery period of the carrier. According to the L 121 - 30 - 3 article of the consommation code, it is stipulated that the delivery period is supposed to be 21 (twenty one) working days.

14. Withdraw of the products in case of absence

In case of the receiver being absent at the time of delivery, the carrier will leave a note of passage at the indicated delivery address. The products will then have to be withdrawn to the said address according to the conditions indicated by the carrier. In case of a non-withdraw in the time frame decided by the carrier, the products will be returned to the Seller who will acknowledge the return in a perfect state and in their original packages by returning the buying price, the transport and return fees will be at the expense of the client in any case.

15. Risks transfer

The risks transfer happens as soon as the Seller hands out the pieces or products to the carrier and it is agreed that those products travel at the Buyer’s own risks.

16. Major force cases

The cases considered as major force, in addition to those usually considered as such by the jurisprudence of French Courts of laws, are: a total or partial strike of the company, either internal or external, a blockage of transports or supplying happening for any reason, governmental or legal restrictions , computer break-down, telecommunication blockage including networks such as the internet. The occurring of a major force case will suspend, at first, rightfully, the execution of the delivery. If, beyond a period of three months, parties are confronted with the persistence of the major force case, the delivery will be instantly canceled, unless the two parties agree to do otherwise.

17. Satisfied or repaid

The client benefits from the legal time frame of seven days from the day of the reception of the package to return it in order to be repaid or to exchange it. The sending and return fees will be at the client’s expense, except in the case of a recognized mistake of the Seller. In case of a Buyer’s option for the repayment, only the price of the purchased products will be repaid.

18. Conditions to exercise the retraction right

The Buyer will have to notify his will to exercise its retraction right in the legal time frame by sending a signed letter including an acknowledgement of receipt to the Seller (the post stamp serving as a proof), exposing, if needed, the reasons of the return.

The Buyer will also have to return the product in question to the gallery, wrapped in its original package with the buying bill indicating the mention: Return BD ARTWORK to the address given on the billing.

The returns have to be made exclusively to the following address: BD ARTWORK 16, Boulevard Saint Germain-75005- Paris- France

This return right will only be possible with a complete product, in the original wrapping, new and accompanied by a copy of the order or relating elements. The returned articles that are incomplete, damaged, used will no be taken back, exchanged or repaid.

19. Guarantee et responsibility

In any case, the sold products benefit from the legal guarantee against hidden defects as foreseen in the 1641 and following articles of the Civil Code. The consumers also benefit from the legal conformity guarantee foreseen in the L.211-1 and following articles in the Consumption Code.

To enforce the guarantee, the client has to return the product in its original packages, at his expense, joining the original bill.

If it is a « multiple » the produc twill be exchanged for an identical product adressed to the client at the Seller’s expense, except in case of a stock shortage or the disappearance of the product in the offered range. In this said case as in the case of a unique piece, the Seller keeps the right to replace the object ordered by other pieces of a similar nature sold on the website.

If the Buyer was to refuse this substitution, the Seller would proceed to the paying back of the price in a maximal deadline of 30 days.

In any case, the Seller is not and will not be held responsible for any difficulty or an issue that would have to do with the working and/or accessibility to the website. Let it be reminded to the Buyer that he is responsible, at his own expense, for the enforcing and use of informatics and telecommunication allowing them an access to the website.

The Seller will not be held responsible and/or searched for any error or contract non-fulfillment attributable to a third party: providers and/or principals and/or the Buyer and the Seller responsibility cannot and will not exceed the price of the products.

20. Intellectual Property

The products, drawings, models, texts, and other intellectual creations or photos or reproductions belong exclusively to their authors and/or the Seller who exercise their rights on them.

As a consequence, any reproduction, total or partial of the website or any of its element and/or content such as texts, images, visuals, brand, logo or any other items or any use of those elements and contents without a prerequisite agreement is strictly forbidden and would constitute a manifest violation of intellectual property rights, which would create grounds for judiciary actions.

It is also reminded that the purchase of a piece or a product doesn’t confer reproduction or exploitation rights in itself, without a prerequisite agreement from the Gallery and and/or the author and his moral rights have to be respected. The Buyer still has the right to give up the piece and/or product at his own expense, and risks.

21. Contractual documents

The Buyer is aware and accepts that, given the specific nature of the products, the images representing the original pieces and products could be slightly different from the real ones, and that the information that can be found on the website (data sheets, article sheets, illustrations, images or any other elements) are only there as an indication and are not legally binding.

22. Nominative informations

The Buyer recognizes that the nominative information asked of him is mandatory for the treatment, routing and billing establishment.

The Seller commits not to communicate this information to third parties without the agreement of the Buyer, but keeps the right to use them for direct or indirect promotion of its website, its activities or the artist who they work with.

Following the 78-17 of the 6th of January 1978 Informatics and Liberty law, the Buyer benefits from access, rectification, opposition or suppression rights concerning him on the website.

23. Contract integrality

No other general or specific condition communicated by the Buyer can be added, replace, substitute or break, even in part the present general conditions except in the case of the expressed written consent of the legal representative of the company.

In the case of a cancellation of the whole or part of the present contract, the contract will rightfully not affected by this partial cancellation and will stay enforced for the rest.

24. Mediator

In case of a belated delivery, non-conformity of the product, a defect or any other problem that has to do with an Internet purchase, the consumer can notify a mediator that will try to settle the conflict amicably, given that he has already tried to petition the Seller.

To contact the mediator, all that is needed is to fill out an online form on the following website: www.mediateurdunet.fr or to send a mail to the Rights Forum of the Internet rights:

6, rue Déodat de Séverac -75017 - Paris, stating the names, physical or elctronic adresses, phone numbers of the involved persons and a short summary of the conflict.

25. Competent juridiction

The present contract is submitted to French laws. Any conflict, whatever the delivery place, that should result in the interpretation or the execution of the present general conditions will be submitted to competent juridictions of the Paris Appeal Court.

26. Legal mentions

The website is the property of : BD ARTWORK

SAS Form / Head Office:16 Boulevard Saint Germain -75005- Paris- France

Siren : 754 050 052 (R.C.S. Paris)

N° of VAT identification : processing

Tel : 06 26 55 93 32 Email address : bdartwork@gmail.com

Editorial manager of the website: Marya SMIRNOFF

Hosting of the site:

Company: OVH SAS capital of 10 000 000 euros

RCS Roubaix – Tourcoing 424 761 419 00045 Code APE 6202A

N° VAT: FR 22 424 761 419

Head Office: 2 rue Kellermann – 59100 ROUBAIX - FRANCE

NILC

Abiding the 78/17 Law of the 6 /01/1978 this website has benefited from a previous declaration to the National Informatics and Liberty Commission.

The declaration is: 1628743

General conditions of sale:

Initial edition enforced at the opening of the website.

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