1.1 The purpose of this agreement is to provide the conditions of distance selling and delivery of the PRODUCTS (hereinafter the "PRODUCTS") offered for sale on the website accessible through https: //www.galerie44.com (hereinafter the "SITE"), by Galerie44 - (hereinafter the "SELLER"), a single-member SARL registered in the trade and companies register of Bourg en Bresse under the number B801516048, having its head office 284, rue de l'industrie 01480 Jassans-Riottier France Tel: +33 7 49 90 92 65, email: firstname.lastname@example.org
1.2 The "CUSTOMER" is heard to the natural or the legal person who makes a purchase of PRODUCTS through the SITE.
1.3 The creation of a customer account and the place of order of the CUSTOMER on the SITE implies the acceptance by him, without reservations, of the General Conditions of Sale.
2. THE PRODUCTS AND THEIR AVAILABILITY
2.1 Galerie44 offers on the SITE the online sale of vintage furniture products, that is second-hand, renovated or not and a selection of contemporary products. The SELLER is free to select the PRODUCTS offered for sale on the SITE and reserves the right at any time to modify this selection.
2.2 Each description of the PRODUCTS for sale on the SITE establishes a detailed description of the PRODUCT in question. Only a description of the PRODUCT and the essential characteristics of the PRODUCTS are however mentioned. The pictures illustrating the PRODUCTS presented have for vocation to give a representation of the PRODUCTS as close as possible to the reality, without the SELLER being able however to guarantee the exact finishing of the tones and the colors of the PRODUCTS compared to the imagery of the PRODUCTS displayed on the SITE.
2.3 The SELLER strives to offer CUSTOMERS the most reliable and qualitative information about the PRODUCTS for sale on the SITE but does not guarantee the accuracy and exhaustiveness of this information. The CUSTOMER is invited to contact the customer service of the SELLER at the contact details under Article 12. The SELLER proposes indeed to his CUSTOMERS advice equivalent to that which they could benefit from a store, within the limits of the possibilities offered by a phone interview.
2.4. The offers of PRODUCTS and prices are valid as long as it is visible on the SITE, and in the conditions of availability provided at the time of placing the order.
2.5 In the case of temporary or permanent unavailability of the ordered PRODUCT, the CLIENT may request the cancellation of his order. In this case, the SELLER will proceed to the corresponding refund under the conditions referred to Article 8.
3.1 CUSTOMER REGISTRATION
3.1.1 The placing of an order on the SITE is subject to the entry by the CUSTOMER of a form on the SITE, and the validation of these Terms and Conditions of Sale.
3.1.2 At the time of the creation of his order, the CUSTOMER undertakes to provide accurate and truthful information on his situation, and to proceed before each new order to a regular verification of the data concerning him, and to proceed online on his customer account, if necessary, the necessary modifications. The SELLER draws the CUSTOMER's attention particularly to the necessity for the latter to provide him with a valid e-mail address and a telephone number.
3.1.3 The CUSTOMER must have the legal capacity to place an order on the SITE. The SELLER reserves the right to refuse or invalidate after the registration of a CUSTOMER whose information would prove to be inaccurate.
3.1.4 The creation of a customer account necessarily implies the choice by the CUSTOMER of a confidential password, allowing him to access his client account and place orders on the SITE. This password can be modified online from his account. It is personal, confidential and untransferable, and the CUSTOMER, therefore, agrees not to disclose it to third parties. All-access to the CUSTOMER's customer account, by means of his password, is deemed to have been made by the CUSTOMER.
3.1.5 The SELLER can not, in any case, be held responsible for fraudulent or unusual use of the password and/or customer account of the CUSTOMER, the SELLER reserving the right to temporarily suspend access to the customer account in the event that such uses are identified.
3.1.6 The SELLER also reserves the use of the password of the CUSTOMER, in the exclusive case of the technical maintenance of the SITE. The SELLER guarantees in these conditions the permanent maintenance of the confidentiality of the password of the CUSTOMER.
3.2 ORDERING PROCESS
3.2.1 The contractual informations, as well as the details of the order, are the object of a detailed summary before the final validation of the purchase order. The CUSTOMER is invited to read carefully the details of his order and to correct any errors that it may contain before validating it.
3.2.2 The click of validation executed at the end of the process of the order of all PRODUCTS offered on the SITE formalizes the confirmation of the order and constitutes irrevocable acceptance of the present General Conditions of Sale. This validation click means final consent to contract with Galerie44 for the selected PRODUCTS, subject to the exercise of the right of withdrawal reserved to CUSTOMER, as referred to in article 5. The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has, between them, the same value as a handwritten signature.
3.2.3 After having validated his order on the SITE, the CUSTOMER will receive by email an acknowledgment of receipt of the SELLER containing the elements of this one, provided that the email address indicated at the time of the creation of the customer account is valid and does not contain an error. This e-mail will constitute the acceptance by Galerie44 of his order and will thus form the sales contract between the CUSTOMER and Galerie44. It will contain all the elements constituting the contract between the CUSTOMER and Galerie44 (PRODUCTS ordered, prices, delivery time and place of delivery, mode, and shipping costs, etc. ...).
3.2.4 The SELLER reserves the right not to confirm an order for any reason whatsoever, including in particular either a problem of availability of the PRODUCT or a dispute over the payment of a previous order.
3.3 PROOF OF THE ORDER
The computerized registers, kept in the computer systems of the SELLER or his subcontractors, under reasonable conditions of safety will be considered as proof of communication, orders, and payments between the CUSTOMER and the SELLER. Archiving of purchase orders, order confirmations and invoices is done on a reliable and durable medium that can be produced as evidence.
4. FINANCIAL CONDITIONS
4.1.1 The prices of the PRODUCTS are displayed on the SITE in Euros, all taxes included, and apply to all CUSTOMER wishing to be delivered in mainland France. For customers outside mainland France, the packaging and transport costs will be the subject of a personalized quote sent to the customer by email for validation.
4.1.2 The SELLER reserves the right to modify his prices at any time, but the PRODUCTS will be invoiced on the basis of the rates in force at the time of the recording of the orders, subject to availability on this date.
4.1.3 If any of the PRODUCTS offered for sale on the SITE contained a price error, the price will be verified in all cases when sending the confirmation email referred to in article 3.2.3, and if necessary corrected.
4.1.4 If the corrected price is lower than the price displayed on the SITE, the SELLER will apply the lowest price and refund the difference in the conditions referred to in Article 8. If the corrected price is higher than the price displayed on the SITE, the SELLER will inform the CUSTOMER and proceed to the cancellation of the order, unless the CUSTOMER accepts the order at the new price by confirming this acceptance by e-mail addressed to the customer service. In this case, the CUSTOMER will be asked to pay the difference between the amount already paid and the amount finally due, under the conditions that will be indicated by the SELLER.
4.2.1 Orders are payable exclusively in Euros.
4.2.2 Payment for orders is made:
- by bank transfer, bank details will be sent to the CUSTOMER following the order to the email address entered during the creation of the customer account.
- online by credit card, by selecting the payment by credit card in the secure payment form.
- Payments by check or cash are valid only if you have chosen to pick up your purchase at 284 rue de l'industrie 01480 Jassans-Riottier France.
4.2.3 The CUSTOMER guarantees to the SELLER that he has the necessary authorizations to use the mode of payment which he has chosen for his order, during the registration of his purchase order. The SELLER reserves the right to request a photocopy of the identity card and/or the credit card (front only) of the CUSTOMER for any payment by credit card or bank check. As part of the fight against fraud on the Internet, the informations relating to the order of the CUSTOMER may be transmitted to any third party authorized by law or designated by the SELLER for the sole purpose of verifying the identification of the CUSTOMER, the order validity , the method of payment used and the delivery envisaged. When a means of payment is issued by a banking institution, only the means issued by a banking or financial institution authorized to practice in France are accepted by the SELLER.
5.1 PLACE OF DELIVERY
5.1.1 The PRODUCTS are deliverable throughout mainland France. In case of delivery outside mainland France, a specific quote will be submitted to the CUSTOMER before the validation of the purchase, via an exchange of emails with the SELLER.
5.1.2 The PRODUCTS are delivered to the delivery address indicated by the CUSTOMER during the ordering process, and otherwise contained in the order confirmation e-mail referred to in Article 3.2.3. In the event of an error in the wording of the CUSTOMER's contact details (including surname, first name, street number and name, postal code, telephone number or email address, etc.), the SELLER can not be held responsible for the impossibility of delivery or delivery delay.
5.2 SHIPMENT METHODS
5.2.1 The modes of transport vary according to the place of delivery, the dimensions of the PRODUCT, and the choices made by the CUSTOMER on his order Form. Details of the SELLER's offer regarding shipping methods and delivery times can be found in the "Packaging and Delivery" section.
5.2.2 The CUSTOMER is required to check the dimensions of the PRODUCT before validating the purchase. The SELLER can not be held responsible and ensure the exchange if the dimensions of the PRODUCT do not allow its installation at the CUSTOMER’s home (doorway, corridors, stairwell, etc ...).
5.2.3 Delivery time
The PRODUCTS will be shipped within a reasonable period of time after the effective receipt of the payment, to which must be added the delivery times of the carrier. The SELLER can not be held responsible for the consequences due to a possible delay of the delivery of the PRODUCTS ordered.
Returns are accepted within 14 days after receipt of the order. The PRODUCTS must be returned in perfect condition at Galerie44. After return, a refund will be made within a reasonable time. Shipping and return and packaging costs are the responsibility of the CUSTOMER and can in no case be subject to a refund.
6.1 COMPLIANCE AND RELIABLE VICES
6.1.1 In order to avoid any inconvenience to the CUSTOMER, the SELLER checks before their dispatch the conformity of the PRODUCTS with the order.
6.1.2 The CUSTOMER is requested in this case to notify the carrier before the signature of the delivery note all reservations on the delivered PRODUCT and to refuse it if it is not in conformity (for example: damaged parcel, already opened, or PRODUCT (S) does not match the order ...). The CUSTOMER will have to report the nonconformity or the visible defects of the PRODUCT (S), in a detailed way, by email addressed to the customer service, within 14 days following the reception of the package. Any claim made outside this period can not be accepted, the claim, in this case, must be formulated in the conditions referred to in Article 7.3 hereof.
6.1.3 The SELLER will not accept package sent by postage due. Any risk related to the return of the PRODUCTS will be dependant on the CUSTOMER.
6.2 EXCLUSIONS OF GUARANTEES
Are not covered by any guarantee, neither legal or conventional, the possible defects affecting the PRODUCTS, or characteristics of the PRODUCTS, as well as the direct and indirect damages suffered by the CUSTOMER or by the third party because of the abnormal and non-compliant use of the products and the use for which it is intended (professional, collective use ...). Also not covered are the damages mentioned in the PRODUCT description.
7. PROPERTY RESERVE CLAUSE
By express agreement, the SELLER reserves the property of the furniture supplied until the day of their perfect payment, in accordance with the terms of the law n ° 80 336 of May 1st, 1980, relating to the reserve of property. This provision does not prevent the transfer to the benefit of the CUSTOMER of the risks related to the PRODUCTS sold, as soon as the PRODUCTS are shipped.
8.1 The refunds of the PRODUCTS in the hypotheses envisaged under articles 2.5, 4.1, 5, will be carried out in a delay less than or equal to thirty (30) days after the reception of the PRODUCTS by Gallery44.
8.2 The refund will be made at the choice of the SELLER by credit on the bank account of the CUSTOMER, or by check sent to the name of the CUSTOMER who placed the order, and to the billing address.
9.1 The proposed PRODUCTS are often over 30 years old and, by definition, do not meet the standard in effect. The CUSTOMER acts in personal responsibility and makes it his business. The CUSTOMER is solely responsible for the choice of the PRODUCTS and their use.
9.2 The SELLER can not be held responsible for the non-performance of the contract, in case of force majeure or a fortuitous event, disruption or total or partial strike including postal services and means of transport and/or communications, due to the other party or a third party or external causes such as social conflicts, disruption or total or partial strike including postal services and means of transport and/or communications the intervention of civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunications network or the electricity grid.
10. INTELLECTUAL PROPERTY
10.1 All visuals and photographs visible on the SITE, and in particular those representing and illustrating the PRODUCTS are necessarily protected by copyright and all other intellectual property rights and belong to the SELLER or to third parties having authorized Galerie44 to exploit them. Any reproduction and/or representation of any kind whatsoever, without authorization, of a visual or a photograph represented on the SITE constitutes counterfeiting and will be subject to proceedings.
10.2 Similarly, all other data of any kind, including texts, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software, SITE features on the SITE are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the SELLER or to third parties who have authorized Galerie44 to exploit them. The SELLER grants the CUSTOMER a private, non-collective and non-exclusive right to use the aforementioned data.
10.3 The CUSTOMER undertakes in these conditions not to reproduce, summarize, modify, distort or redistribute, without the prior express authorization of the SELLER, any text, title, application, software, logo, image, graphic charter, mark, information or illustration, for a use other than strictly private.
11. CUSTOMER SERVICE
For any information or question, customer service is available to CUSTOMERS:
- by phone on +33 7 49 90 92 65: Monday to Friday from 9am to 5pm
- by e-mail, to the address email@example.com or by means of our contact form
- by post to the following address: 284 rue de l'industrie 01480 Jassans-Riottier France
12. PERSONAL DATA
12.1 In accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to computers, files, and freedoms, and the decision of the CNIL (National Information science and Liberties Commission) of 10 July 2006 to abolish the obligation of a declaration of SITE Internet in favor of the procedure of declaration of the treatments associated with this SITE, Galerie44 declared with the CNIL his customer file.
12.2 CUSTOMERS have, in accordance with the provisions of the Law of 6 January 1978, a right of access to data concerning them, as well as a right to modify, rectify and delete them.
12.3 To exercise this right, it is sufficient for them to log on to their customer account, or to send a postal or electronic mail to the contact details appearing under Article 11 of these Conditions.
12.4 Personal data relating to CUSTOMER, collected directly through the forms and indirectly during their navigation to and on the SITE, and all future information, are intended for the exclusive use of the SELLER, within the setting of the implementation of the services offered to CUSTOMER on the SITE, as well as for the compilation of statistics for internal use, and are not the subject of any communication or transfer to third parties, other than the technical service providers in charge of the management of the SITE, which are required to respect the confidentiality of the information and use it only for the specific operation for which they must intervene.
12.5 CUSTOMER’s data will also be used to reinforce and personalize communication with them, including newsletters to which they may subscribe.
13.1 These conditions, as well as those appearing in the order confirmation email referred to in article 3.2.3, express the entirety of the obligations of the CUSTOMER as well as those of the SELLER. The SELLER reserves the right to unilaterally modify the terms of the present, the applicable conditions being those in effect on the SITE at the date of CUSTOMER’s order. It is therefore advisable for the CUSTOMER to regularly refer to the latest version of the General Terms and Conditions of Sale permanently available on the link "General Conditions of Sale" of the SITE.
13.2. In the event that one of the provisions of these Conditions would be considered null according to a legal or regulatory provision, present or future, or of a decision of justice having the authority of res judicata and emanating from jurisdiction, this provision of the contract would then be deemed unwritten, all other provisions of these Terms and Conditions maintaining a binding force between the Parties.
13.3 The fact that one or other of the Parties does not avail itself at a given moment of any of the provisions of these terms and conditions can never be considered as a waiver on its part of the rights it holds present.
14. APPLICABLE LAW - DISPUTES
14.1 These General Terms and Conditions of Sale are subject to French law, and only the French version is authentic for interpretation.
14.2 Any dispute arising out of the execution or interpretation of the provisions of this contract obliges the parties to come together and to try to find an amicable solution to their dispute, before submitting to the competent jurisdiction.