The https://oliviermasson.art website (hereinafter referred to as the "Site") enables art lovers (hereinafter: "Buyers") to discover and acquire original works of art ( hereinafter: the "Original Works") by Olivier Masson.
These terms and conditions are intended to define the terms and conditions of online sales offered on the Site and define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct link at the bottom of the Site.
2. Site Operator - contact
The Site is operated by Olivier Masson, under the name oliviermasson.art, SIRET: 417 888 880 00032, registered at the Rennes RCS under the number 417 888 880 RCS RENNES whose head office is located 20 rue Louis Tiercelin 35000 Rennes FRANCE
oliviermasson.art can be contacted at this address especially for any complaint, or by email to firstname.lastname@example.org.
3. Access to the Site and Services - Delivery Territories
The Site is accessible:
- Any natural person who is at least 18 years old and has full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may access the Site and the Services only with the consent of his legal representative.
- To any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.
Territories of deliveries
The original works are offered for sale and can be delivered worldwide.
4. Acceptance of general conditions
The acceptance of the present general conditions is materialized by a checkbox, in the form of order. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The buyer who does not agree to be bound by these terms and conditions must not access the Site.
5. Registration on the Site
Registration as a Buyer requires the completion of the form provided for this purpose on the Site. The buyer must provide all the information marked as mandatory. Incomplete registration will not be validated.
The registration will automatically open an account in the name of the buyer (hereinafter: the "Account"), giving him access to a personal space that allows him to place orders (hereinafter: '" Personal space ").
oliviermasson.art may also ask the buyer to provide any additional documents or information necessary for the implementation of sales and / or services. The buyer undertakes to provide these documents and information as soon as possible.
The buyer warrants that all the information he provides to oliviermasson.art is accurate, up to date and truthful and is not vitiated by any deceptive nature.
He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.
The buyer is informed and agrees that the information entered for the purpose of creating or updating his Account is valiant proof of his identity. The information entered by the buyer commits him as soon as it is validated.
The buyer can access his Personal Space at any time after identifying himself with his login and password. He is solely responsible for maintaining the confidentiality of his username and password, all access to the Site using these is deemed made by the buyer. He must immediately contact oliviermasson.art at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the right of oliviermasson.art to take all appropriate measures in such cases.
6. Implementing Online Sales
Before any order online and in application in particular of the provisions of the article L111-1 of the Code of the consumption, the purchaser can take note, on the Site, of the characteristics of each Original Work which he wishes to order.
Order of a Product by the Buyer
To place an order, the buyer must select the original works of his choice and place them in his basket.
The buyer can access the summary of his basket at any time until the order is not definitively validated and can correct any errors in the items entered. He is informed, in this summary, of the possible expenses of delivery relating to his order, according to his address of delivery. He can then validate his order.
At the end of its order, the buyer receives by email an acknowledgment of receipt thereof.
Ordering an Original Work
The buyer must ensure that the contact information he has provided when ordering or updating his Account is correct and that it allows him to receive the acknowledgment, cancellation and / or confirmation emails. or confirmation of his order. If these are not received, the buyer must contact oliviermasson.art at the coordinates mentioned in article 2.
oliviermasson.art recommends to the Buyer to keep the information contained in the order confirmation. The order and its confirmation are considered as received when the parties to whom they are addressed can have access to it.
Price and terms of payment of the Products by the buyer
The selling prices of the Products are posted on the Site. They are indicated in euros or dollars, all taxes included. The applicable prices are those displayed on the Site at the time of the order.
The selling prices of the Products do not include any applicable delivery charges billed in addition to the price of the Products purchased. The amount of the applicable delivery charges will be indicated before the validation of the order by the Buyer.
Warning: In non-EU countries, customs duties or local taxes may be payable and may be invoiced upon receipt of the parcel by the buyer, in addition to the price paid on the Site. These duties and taxes, which oliviermasson.art can not determine in advance the exact amount and which it can not inform The buyer prior to his order, remain the responsibility of the buyer, who is solely responsible for good fulfillment of any declarations and / or formalities relating thereto.
The full price of the Products is due upon order. The price can be paid online:
- through the secure online payment service offered by oliviermasson.art on its website,
- or by any other means that will be offered on the Site at the time of the order.
The buyer guarantees that he has the necessary authorizations to use the method of payment chosen.
oliviermasson.art reserves the right to suspend or cancel any order and / or delivery, in case of non-payment of any sum that would be due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site. Penalties of an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
Reservation of property
Olivier Masson retains full ownership of the original works that he has sold until the perfect collection of their prize.
Delivery of the original works
Deliveries of the Products are made to the address indicated when ordering the buyer as "delivery address" (which may be different from the billing address) within 30 days for metropolitan France. Delivery times mentioned by carriers on the Site are indicative.
Failing delivery within this period, the buyer can resolve the order, by registered letter with acknowledgment of receipt or by writing on another durable medium addressed to oliviermasson.art.
The contract is deemed to be resolved upon receipt by oliviermasson.art of the letter or writing informing it of this resolution, unless the Work has been delivered in the meantime. In case of termination of the contract as above, the buyer will be refunded the full amount paid, including delivery charges, no later than fourteen (14) days after the date the contract has been terminated.
oliviermasson.art reserves the possibility in any case to get closer to the buyer to offer alternative solutions for reimbursement of the price of the works and delivery costs. The buyer must express explicitly and in durable medium his acceptance of the choice of an alternative method of repayment.
Right of withdrawal for Original Works
This right applies only if the buyer is a national of the European Economic Area.
The buyer has a period of 14 (fourteen) days from the date of receipt of the original Work ordered to retract without having to justify reasons or to pay penalties. The cost of return are the responsibility of the Buyer.
The purchaser who wishes to exercise his right of retraction must address to oliviermasson.art the coordinates mentioned in article 2 of the present, before expiry of the above deadline, the form of retraction annexed to these general conditions duly completed, or a statement clearly expressing his willingness to retract and involving the identification of the Original Work.
The Original Work must imperatively be returned, in its original packaging, by a shipment followed and recommended with declaration of the value of the parcel, without excessive delay and at the latest in the 14 (fourteen) days following the communication, by L buyer, his will to retract. It must be accompanied by a copy of the corresponding invoice. The buyer is considered responsible in case of deterioration of the Original Work when he returns.
The buyer will be refunded as soon as possible the entirety of the sums paid for the shipping of his order, the costs of return remaining the responsibility of the buyer. oliviermasson.art however reserves the right to defer this refund until the actual recovery of the works.
The refund will be made according to the same method of payment used by the Customer during the order.
No cash on delivery will be accepted.
The sold works benefit from the guarantee of conformity envisaged in articles L. 211-4 to L. 211-14 of the Code of the consumption and the legal guarantee of the hidden defects envisaged in articles 1641 and 1649 of the Civil code.
Under these warranties, agrees to reimburse the Customer.
Claims made by the Customer under these warranties must be addressed to the contact details mentioned in Article 2 hereof
7 Obligations of Buyers
Without prejudice to the other obligations provided for herein, the Purchasers undertake to respect the following obligations.
The buyer, if he is a professional, is solely responsible for the implementation of the resale right if he decides to proceed with the resale of the Work at a later date.
The buyer is solely responsible for the accuracy, completeness and updating of the information it provides to oliviermasson.art for the purpose of implementing the Services, in particular its contact details.
The buyer agrees to make a strictly personal use of the Site. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.
The buyer must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.
8 Prohibited behavior
Purchasers are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the oliviermasson.art website for their own or third parties' purposes.
Also strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the oliviermasson.art systems, (iii) any diversion of resources system of the Site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of oliviermasson.art or users of its Site, and finally more generally (vii) any breach of these terms and conditions.
It is strictly forbidden to monetize, sell or concede all or part of the access to the Site, as well as the information that is hosted and / or shared.
9 Penalties for breaches
In case of breach of any of the provisions of these terms and conditions or more generally, violation of the laws and regulations in force by a Buyer, oliviermasson.art reserves the right to take any appropriate measure including:
- suspend the access to the Site to the buyer, author of the breach or offense, or having participated in it,
- delete his Account,
- initiate any legal action.
10 Liability and guarantee of oliviermasson.art
oliviermasson.art undertakes to conduct regular checks to verify the operation and accessibility of the Site. As such, oliviermasson.art reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, oliviermasson.art can not be held responsible for any temporary difficulties or impossibilities of access to the Site resulting from external circumstances, force majeure, or due to disruption of telecommunication networks.
In any event, the liability that may be incurred by oliviermasson.art under the terms hereof is expressly limited to proven direct damage suffered by the buyer.
11 Intellectual property
The purchase of a work confers no right to the Customer on the content or presentation thereof which remain the exclusive property of its author.
The Customer expressly acknowledges that it is forbidden to reproduce, copy, publish, broadcast, rent, share in any way, free or for remuneration, a work under penalty of incurring liability.
The Customer is, however, allowed to photograph the work in paper or digital format for personal use only.
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc ...) exploited by oliviermasson.art within the Site are protected by any intellectual property rights or rights of database producers in force. Any disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of oliviermasson.art, or Artists, if any, are strictly prohibited and may be subject to prosecution.
12 Third party links and sites
oliviermasson.art will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the buyer would access through the Site.
13 The buyer may unsubscribe from the Site at any time.
This unsubscription is effective within a maximum of 7 (seven) days from the request. It automatically deletes the Buyer's Account.
When the unsubscription of the buyer is due to his refusal to accept the modification of these general conditions as provided for in article 19, the general conditions previously accepted by the buyer will remain applicable to him until the date of effect of its unsubscription.
oliviermasson.art reserves the right to modify at any time these terms and conditions.
The Purchasers will be informed of these modifications by any useful means or, in any case, through an access to the general conditions of sale modified at the time of any placing of order following the entry into force of these modifications.
The buyer who does not accept the amended terms and conditions must unsubscribe from the Site in accordance with article 18 and not place an order.
Any Purchaser who places an order or uses the Services subsequent to the entry into force of the amended terms and conditions is deemed to have accepted these changes.
In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
16 Personal data
The personal data are under the responsibility of Mr. Olivier Masson.
The Buyer is informed of the collection of his personal data, their use for the processing of orders and the constitution of customer files, their dissemination to third parties responsible for the delivery and payment of orders. The confidentiality of this data will be ensured; in no case will they be sold or distributed to other third parties.
The Customer has at any time a right to access, modify, rectify and delete personal data concerning him by sending an email to email@example.com
These data will be kept for the duration of the buyer's membership of the services concerned.
Billing data will be kept within the legal deadlines.
17 Governing Law and Jurisdiction
These general conditions are governed by French law.
In case of dispute or in case of dispute about the validity, interpretation and / or execution of these terms and conditions, the parties agree that the courts of Rennes will be exclusively competent to judge.
Annex - Retraction Form
To the attention of Olivier Masson 20 rue Louis Tiercelin 35000 Rennes FRANCE, firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the work below:
Name of the work: ........................
Ordered on: ..........................
Order number : ...........................
Received on: ..........................
Name of the buyer: ...........................
Address of the buyer: ...........................
e-mail e the buyer: ...........................
Signature of the buyer (only in case of notification of this form on paper):