GENERAL CONDITIONS OF SALE FOR ONLINE SALES
oa fine art
It is previously specified that the present conditions govern the sales, by OA Fine Art, of the works present on the site https://oafineart.com/shop. These conditions apply to the exclusion of all other conditions.
ARTICLE 1 – THE CUSTOMER
The Customer declares to be a natural person, at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing it to place an order on the Site. When registering the Customer’s personal data in the contact form, the Customer must ensure the accuracy and completeness of the mandatory data he/she provides. In the event of an error in the recipient’s contact information, OA Fine Art cannot be held responsible for the impossibility of delivering the product. OA Fine Art reserves the right to cancel any order when the customer’s IP address is domiciled in a different country than the billing and/or delivery address.
The subscription to a contract governed by the present general conditions with OA Fine Art supposes the acceptance, by the Internet user, of the entirety of the general conditions, who acknowledges by the same token having fully understood them. This acceptance will consist in the fact that the Internet user checks the box corresponding to the following sentence: “I have read and I accept the general conditions”. This ticking of the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring proof to the contrary, he renounces to contest them in case of litigation.
The acceptance of the present general conditions supposes on the part of the Net surfers that they enjoy the legal capacity necessary for that, or failing that to have the authorization of a tutor or a curator if they are incapable or of their legal representative if they are minors.
ARTICLE 2 – ORDERING
The taking of an order on the website is subject to the respect of the procedure set up by the Company OA Fine Art concretized by a succession of different steps that the customer must imperatively follow to validate his order. The customer will have the possibility, before definitively validating his order, to follow the steps. Any order confirmed by the Customer is worth a sales contract and acceptance of all the stipulations herein.
ARTICLE 3 – PRICE AND DELIVERY
The prices of our products are indicated in euros all taxes included, delivery costs in France or international included, packaging included.
In the event of an order to a country other than metropolitan France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable for any order shipped outside the European Union.
These rights and sums do not fall under the jurisdiction of OA Fine Art They will be at the charge of the buyer and are buyer’s entire responsibility both in terms of declarations and payments to the competent authorities and organizations in the country of delivery. We advise you to inquire about these aspects with your local authorities.
Except for immediate sale with collection in the Gallery, delivery will be made to the place designated by the Buyer, within the time specified at the time of purchase, subject to payment of the agreed price or deposit. The work will no longer be insured if it is not removed within a maximum period of eight months.
The costs and risks related to the delivery of the works are the responsibility of the Seller, except in the case of transport at the initiative of the Buyer. In case of delivery organized by the Seller at the place designated by the Buyer, the latter must immediately receive and unpack the work and notify the carrier and the Seller in writing within 48 hours of any reservations about the delivered product (damaged package, etc…). Otherwise, the work will be considered to have been delivered in perfect condition.
The Buyer will assume all costs and risks of the works sold, after their removal from the Gallery or their delivery.
If customs duties, taxes or import duties are due, they are the responsibility of the Buyer, as well as any associated declarations or formalities. The Buyer is required to inform himself of the customs duties, taxes and provisions relating to the circulation and export of works of art, which can be consulted online for France on the site douanes.gouv.fr and with the competent authorities of the country of destination. The Seller cannot be held responsible in case of impossibility to export the purchased work.
ARTICLE 4 – VALIDATION
When you click on the “Confirm my order” button after the order process, you declare that you accept the order as well as the entirety of these General Terms of Sale fully and without reserve.
The data recorded by https://oafineart.com/shop constitutes the proof of all transactions between OA Fine Art and its customers.
The data recorded by the Stripe payment system constitutes the proof of the financial transactions.
ARTICLE 5 – AVAILABILITY
Our product offers are proposed within the limits of available stocks.
ARTICLE 6 – PAYMENT & SECURITY
The payment of your purchases is made through the secure payment service provided by Stripe. These two payment methods are subject to a security system.
All payment details are the responsibility of the secure service Stripe.
ARTICLE 7 – REFUND AND WITHDRAWAL OF YOUR PURCHASE FROM THE GALLERY
Exclusively in the case of a sale concluded at a distance or off-premises, the Buyer domiciled in a country of the European Union has the right to withdraw within 14 days from the day he/she took possession of the work by notifying his/her decision by e-mail to email@example.com
The Buyer then has a period of 14 days from the day he/she has exercised his/her right of withdrawal to return the work. After having contacted the Seller to specify the terms of return, the Buyer returns the work in perfect condition in the original protective packaging and accompanied, if provided by the original of its certificate of authenticity. The Buyer keeps at his expense the packing and return shipping expenses.
The Seller shall reimburse the Buyer within 14 days from the notification by the latter of his wish to exercise his right of withdrawal, after the return of the artwork in it’s initial condition. All payments received, including initial delivery costs, except those related to a non-standard delivery method that the Buyer would have requested. This refund may be deferred until the day of recovery of the work or the day of proof of shipment of the return by the Buyer, the date retained being the first of these facts. The Seller shall refund the funds using the same means of payment as for the initial transaction unless the Buyer expressly requests a different means.
ARTICLE 8 – CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
OA Fine Art
15 rue de Miromesnil – 75008, Paris
TEL : 0610934775
ARTICLE 9 – LIABILITY
The products offered are in conformity with the French legislation in force. It is the buyer’s responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order. The photographs and texts reproduced and illustrating the products presented are not contractual.
Consequently, OA Fine Art cannot be held responsible for any error in one of these photographs or texts. OA Fine Art shall not be held liable for the non-performance of the contract entered into in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire.
OA Fine Art will not be held liable for any indirect damages due to the present, operating loss, loss of profit, damages or expenses.
OA Fine Art disclaims all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
The present contract is subject to French law. The language of this contract is French. In the event of litigation only the French courts will be competent.
ARTICLE 10 – PERSONAL DATA AND INTELLECTUAL PROPERTY
The nominative information and personal data concerning the Buyer are used for the management and the complete payment of his order, as well as for the commercial relations with the Seller (information, offer, invitation, etc.). They may be transmitted to companies that contribute to these relations such as those responsible for the execution of orders, management, execution, delivery and payment. It is also kept for security purposes, in order to comply with legal obligations.
In accordance with the regulations applicable to the protection of personal data, you may, at any time, exercise your rights of access, rectification, deletion of data concerning you as well as your rights of limitation and opposition to the processing of your personal data. You may also unsubscribe from the newsletter.
In addition, you have by law the right to define directives relating to the fate of your personal data postmortem.
These rights can be exercised by sending a message stating your identity and your request to the address: Email: firstname.lastname@example.org. Details may be requested for the processing of your request.
In the event of an unsatisfactory response, you may lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL): https://www.cnil.fr/fr/plaintes.
The sale does not transfer any intellectual property rights on the works.