General conditions of sale
Preamble
These General Terms of Sale ('CGV') apply in addition to Buyers, CGU Buyers and, as far as Sellers, CGU Sellers, in which the terms in capital letters used are defined. CGV.
These CGVs apply to all sales of Products made through Pachir'Art ('the site') between the Seller (hereafter "artist-partner") and the Buyer. They are intended to govern the relationship between Sellers and Product Buyers ('works'), excluding those formed between Buyers and AS Services or between Sellers and AS Services. The relationship between The Buyers and As Services is governed by the CGU Buyer. The relationship between the Sellers and AS Services is governed by the CGU Seller.
MUMART is not the seller of products purchased through the Service; only the Seller, whose name is listed on the description sheet of each Product, is the Buyer's co-contractor for the purchase of those Products. Products cannot be taken over or exchanged by MUMART.
Develop the case of JC where AS Services becomes the legal holder of the works.
1- Conclusion of the sales contract between buyer and seller
1) The works are presented on the Site with a description putting the Buyer in a position to know their essential characteristics and price.
The Buyer selects the work he or she wants to buy.
3) He confirms his choice of Product(s), becomes aware and accepts these CGV with a validation click. He chooses his method of payment between a payment by credit card, by bank transfer to the account of AS Services or by cheque If he chooses the payment by bank card, he immediately proceeds with the payment. If he chooses the payment by bank transfer, he proceeds with this transaction as quickly as possible so that the payment is actually received within 5 working days on the bank account of AS Services.
Check: only 1 final order cheque upon receipt of purchase order and cheques
3 days Metropolitan France
5 days for DOM TOM and abroad.
Deferred payment – when the last one is cashed, the work is reserved for 10 weeks
4) The Buyer receives a confirmation email to take his order into account. However, the sale agreement between the Buyer and the Artist-Partner is subject to the resolute condition that the Product is available and that the transfer has been received if the Buyer has chosen this method of payment.
5) The Seller is informed by AS Services that one or more of the works he has exhibited on the Site has been sold. The availability of the work is automatically validated at the time unless the Artist-partner contraindicates. To ensure the rarity of these contraindications, the Artist-Partner undertakes, upon arrival on the site, to immediately notify if a work is no longer available.
6) The Artist-Partner undertakes to confirm and/or deny the availability of the Product (s) ordered by the Buyer within 3 days of the information received as mentioned in item 5). In the event that the same Product is ordered by several Buyers at a time, and it is a unique work, it will only be sold to the first Buyer who registers his order. The order will then be reversed for the other Buyers.
It is up to the artist to warn in case of indispo
7) Once the availability of the Product (s) has been confirmed or denied, AS Services is addressed by the Buyer to inform the Buyer of the availability or not of the Product (s) ordered.
8) If the Seller confirms the availability of the Product,'s, the binding condition attached to the sale agreement between the Buyer and the Seller is lifted; The Seller makes a firm commitment to deliver the products or make them available at the point of sale within the time limit.
In the absence of confirmation of the availability of the Product (s) within the time frame covered in item 6), or not receiving the transfer by MUMART within 5 working days from the date of validation of the order, the contract between the Buyer and the Seller is automatically resolved and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.
However, only the contract for the sale of the unavailable Proceeds is covered by this resolution.
9) If the availability of all or part of the Products ordered by the Buyer is confirmed and the receipt of the transfer by AS Services is confirmed if the Buyer has chosen this method of payment, those products are shipped by the Seller or withdrawn by the Seller Buyer according to the terms and conditions set out in Article 4.
2- Price and payment
The purchase price of the Product is set by the Seller. It is mentioned in TTC euros on the description sheet, but excluding delivery costs, the latter being specified when validating the shopping cart. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are his full responsibility, both in terms of declarations and payments to the relevant authorities and/or agencies. It is up to him to check with the relevant authorities.
The payment of purchases made through the site can be made by bank card with Pachir'Art which collects the corresponding amount, on behalf of the Seller and on behalf of the Seller.
The Buyer will be charged the price of the purchased product plus the delivery fee only once the Seller has validated the availability of that product. In the event of product unavailability, the Buyer will not be debited and its payment will be cancelled. In case of availability validated by the Seller the Buyer will be debited with a delay of 5 days from the time he validated his order.
The payment of purchases made through the Service can also be made by transfer to the AS Services account. The transfer must be made within 5 business days from the date of the order.
3- Payment security
AS Services has chosen efficient and rigorous tools in terms of securing the means of payment. FOR payment methods, MUMART has adopted the PayBox System, the leading online payment solution, using the SSL (Secure Socket Layer) and 3D Secure encryption, the most efficient security systems currently in place, which establish a directly between the Buyer and the bank.
AS Services does not have access to confidential payment information that the Customer uses when making the payment. This is why the customer's bank details will be requested with each new order. Indeed, only PayBox has confidential information that remains inaccessible to third parties.
Although AS Services uses encrypted security software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed. AS Services cannot be held liable for damages resulting from the use of electronic means of communication, including (but not exhaustively) damage resulting from failure or delay in communications transmission. electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communications and virus transmission.
4- Shipping or withdrawal fees at the Seller's
4.1 Shipment by the Seller to the Buyer's home
The Buyer has the opportunity to have the work delivered at home by notifying it when the order is placed. The work is delivered to the address provided by the Buyer when he was commissioned. In this case, the Seller, provided that he has validated the availability of the work and that MUMART has notified him of the receipt of the payment, is responsible for packing the work and making it available to a carrier. Transportation costs will be accepted by the Buyer at the time of validation of his shopping cart.
As Services concentrate the orders, sends them to the printing press which takes care of the delivery.
Depending on the Buyer's delivery address, different tax rules and other fees may apply. If the Buyer is shipped products from a partner gallery outside his territory, he may have to pay import customs duties upon receipt of his products. Neither we nor partner Galleries can control these fees and we cannot predict their amount. The Buyer will be responsible for paying these taxes and customs duties not included.
The Buyer can contact his local customs office for more information before making an order.
The Seller undertakes to make the ordered work available to the carrier within the time specified on the Work sheet from the date of confirmation of availability of the Ordered Product; the Seller making a firm commitment to make the products available to a carrier within the time limit. The Products are delivered to the address indicated by the Buyer when the order is placed and should be delivered no later than 7 business days after confirmation of the product being made available to the carrier by the Seller, the delay may vary depending on the carrier chosen. It is the Buyer's sole responsibility to ensure that the information he provides to MUMART for this purpose is and remains correct and that it will allow him to receive the products he buys on the Site.
The Seller agrees to pass on to MUMART, who will then pass them on to the Buyer, the name of the carrier responsible for transporting the product to the Buyer and the parcel number in order to allow the Buyer to track the status of his order on the carrier's website, provided that the carrier offers a parcel tracking service.
In this context, the Products travel at the Seller's risk.
4.2 Withdrawal from the Seller by the Buyer
At home
Back relay point (post/or partner art gallery)
The Buyer can also remove the work or works ordered from the Site directly from the Seller's point of sale.
The Buyer indicates for each work the delivery method (shipping or withdrawal from the Seller) that he chooses during the process of validating his order on the Site.
In the case of a withdrawal from the Seller, the Buyer will not be required to pay the delivery fee.
Once he has placed his order and subject to the actual availability of the work and the receipt of the transfer by MUMART if the Buyer has chosen this method of payment, the Seller makes the ordered work available to the Buyer within a specified time frame in the sale announcement and listed on the work sheet.
The Seller will specify on his space as soon as the work is available to the Buyer in the point of sale. The Buyer will then receive an email from MUMART to notify him.
The Buyer has 15 days from the receipt of the email referred above to remove the work at the address indicated by the Seller.
The Seller, provided only that MUMART has confirmed receipt of the full payment, will hand over the work and the invoice and certificate of authenticity to the Buyer after ascertaining the Buyer's identity.
5- Right of withdrawal / Repossession guarantee and full refund
Lifetime and refund at purchase price
In accordance with the legal provisions in force, in connection with a purchase made from a professional seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer , if he himself is a national of this zone, has a period of 14 days from the receipt of the Product (s) ordered to exercise, with the said Seller, his right of retraction, without having to justify grounds or pay a penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not himself a national of this area this right of withdrawal is not applicable. Around the world
Return costs to the customer
The Buyer exercises his right of withdrawal directly from MUMART by sending an email to the address serviceclient@artsper.com. MUMART will then notify the Seller by sending an email. MUMART will manage the return of the work and will pay for the return set (which will be either paid by the Buyer and then reimbursed by MUMART or directly paid by MUMART).
MUMART will also reimburse the Buyer for the price of the work as well as the shipping costs.
The refunds of MUMART to the Buyer are made once the Seller has notified MUMART of the good reception of the work.
The work must be returned in perfect condition by the Buyer and in its original (or equivalent) packaging.
6- Litigation – Disputes
In general, the Seller is committed to providing a quality service to Buyers.
As such, any Buyer has the option of sending an email to MUMART to the pachir'art.service@outlook.com address, within 21 days of receiving any work, any complaints concerning the works ordered, according to the criteria:
– Product not received: The product has not been received by the Buyer.
– Non-compliant product: The product received does not correspond to the product ordered.
– Damaged product: The received product is damaged or broken
Recovery so good
Possible expert intervention
In the event of a Buyer's complaint regarding a work, once the Seller is informed of the claim by sending an email from AS Services, the Seller makes his personal matter of resolving the dispute between him and the Buyer. Disputes are directly settled between the Buyer and the Seller. The Seller will have to make his best efforts to resolve the dispute between him and the Buyer amicably.
Depending on the case, the declared dispute will result in either the return of the ordered work and the refund of the Buyer by MUMART or the partial or total refund of the Buyer only.
In the event of the Return of the Work by the Buyer it will be up to the Seller to arrange the return of the work and to cover all the costs at his expense.
In this case, the price of the Product (s) purchased and the shipping costs paid by the Buyer upon the passage of his order will be refunded by MUMART once the Seller has notified MUMART of the good receipt of the work.
7- Personal data
In addition to Article 6 of the CGU Buyer and Article 8 of the CGU Sellers, the Buyer and the Seller are informed that all data collected under the Service during the placing of orders is processed by MUMART for processing. these orders.
Buyers' delivery information and data is transmitted by MUMART to Sellers for the sole purpose of allowing them to ship the ordered works. They cannot be used for any other purpose.
Each Seller has access only to the personal data provided by the Buyers of his Products to MUMART when they order.
Sellers are committed to ensuring the security of the personal data they keep for the purposes of fulfilling and tracking orders.
In case of difficulties regarding the processing of this data, the Buyer and the Seller can contact MUMART directly, under the conditions set, depending on the case, in the CGU Buyer or in the CGU Seller.
Right to change
8- Partial nullity
If one or more stipulations of these GVCs are held to be invalid or declared as such under a law, regulation or final decision of a competent court, the other stipulations will retain all their strength and their full reach.
9- Applicable law
These terms and conditions are subject to French law. Any dispute relating to their interpretation and/or enforcement is the responsibility of the French courts.