Immatriculation au RCS 891 131 054 R.C.S ANNECY
USE OF THE WIZ ART GALLERY WEBSITE:
The website WIZ ART GALLERY (hereinafter referred to as «the website»), offers users several services related to contemporary art and art history, paid or free.
The purpose of these General Terms and Conditions of Sale and Use (GTC) and (GTU) is to define the terms and conditions of sale and use of the site and to determine the rights and obligations of WIZ ART GALLERY, the operator of the site, and the users.
The company behind the design of this website is InSitWeb - Web agency - 14 rue Henri Barbusse - 59880 Saint-Saulve - France - Tel: 06.33.66.71.16 - Website: https://www.insitweb.fr.
REGISTER ON THE SITE – FREE SERVICE
Registration on the site is done by clicking on the "My Account" tab and filling in the corresponding form. It leads to the creation of a Personal User Account and allows the use of all the services offered by the site. The Personal User Account is always accessible via the "My Account" tab, to which the User connects using a personal and confidential username and password.
Registration is necessary for the purchase of a work; when the User attempts to access these services without having created an account or without having logged into his account, the site notifies him and offers him the creation or connection to an account.
The User guarantees that the information he provides by filling in the registration form is accurate and not misleading. He undertakes to update them in the event of changes. he is solely responsible for the accuracy, completeness and updating of this information.
The e-mail address, postal address and telephone number provided by the User are particulary important and concerned by these provisions: they are essential to the correct use of the service «Buy a work». The User must therefore ensure that this data is accurate and updated in the event of a change.
The User’s Account information is personal and confidential.
The User can request at any time to be unsubscribed from the site by simple request sent by email to email@example.com, specifying his login. WIZ ART GALLERY will delete the User Account within 10 days of receipt of the email.
BUY A WORK - PAID SERVICE:
Users have the possibility to acquire on the site original works of art made by contemporary living artists.
Each work in the sales catalogue is presented in a sheet containing:
A photograph of the entire work
A detailed description of the work including its characteristics, its price and the name of the artist
A link to the page of the site dedicated to information about the artist
A link to the pages of the site dedicated to the sheets of other works of the same artist also offered for sale on the site
To acquire a work, it is enough to validate the purchase until the validation of the means of payment.
Any order appearing on the website presupposes adherence to these general conditions. Any order confirmation entails your full acceptance of these general terms and conditions of sale, without exception or reservation.
The purchase price of the works is fixed by the Artist. It is mentioned in euros incl on the description sheet, but excluding delivery costs, the latter being specified during the validation of the shopping cart. If customs duties, local taxes or import duties are payable, these duties shall be borne by the Buyer and shall be the sole responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and/or agencies. It is for him to inquire with the competent authorities.
The Buyer will be charged the price of the Product purchased to which is added the delivery costs only from the moment the Artsite has validated the availability of said Product. In case of unavailability of the Product the Buyer will not be debited and its payment will be cancelled. In case of availability validated by the Artist, the Buyer will be charged with a delay of 5 days from the moment he has validated his order.
Payment for purchases made through the Service may also be made by transfer to the account of WIZ'ART GALLERY. The transfer must be made within 5 business days from the date of the order.
WIZ ART GALLERY reserves the right to change its prices at any time, but the product will be invoiced on the basis of the tariff into force at the time of validation of the order and subject to availability.
WIZ'ART GALLERY has chosen powerful and rigorous tools for securing payment methods. WIZ'ART GALLERY has adopted the PayPal solution, the leading online payment solution, using the most efficient fast security systems with an international reach.
Under no circumstances does WIZ'ART GALLERY have access to confidential information relating to the payment method used by the Customer during the payment. Therefore, the Customer’s bank details will be requested for each new order. Indeed, only PayPal has confidential information that remains inaccessible to third parties.
Although WIZ'ART GALLERY uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. WIZ'ART GALLERY shall not be liable for any damage resulting from the use of electronic means of communication, including (but not limited to) damage resulting from failure or delay in the transmission of electronic communications, the interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and virus transmission.
In accordance with the legal provisions in force (Article L.221-18 of the French Consumer Code), the Buyer has a period of 14 days from receipt of the ordered work to exercise, with said seller, his right of withdrawal, without having to justify reasons or pay a penalty.
For any purchase made from a Seller not being a member of the European Economic Area or if the Buyer is not himself a national of this area, this right of withdrawal shall not apply.
To apply the right of withdrawal, the Buyer must notify WIZ'ART GALLERY of its decision to withdraw from this contract by means of an unambiguous declaration by post at the following address: WIZ ART GALLERY 8 RUE DU PONT ROMAIN 74940 ANNECY LE VIEUX or firstname.lastname@example.org
For the withdrawal period to be respected, it is sufficient for the Buyer to transmit its communication relating to the exercise of the right of withdrawal before the expiration of said withdrawal period.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased work and the shipping costs will be refunded by WIZ'ART GALLERY, the costs of return remaining at the expense of the Buyer.
The work must be returned in perfect condition directly to the concerned Artist or the Gallery (seller), in its original packaging, without undue delay and at the latest within 14 calendar days (fourteen days) following the communication, by the Buyer, of his will to retract. It must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed liable in the event of damage to the work during its return to the Seller.
The Seller must inform WIZ'ART GALLERY of the reception or non-receipt of the work. In the absence of information within the 21 calendar days (twenty one days) following the communication by the Buyer of his willingness to withdraw, the work shall be deemed to have been effectively recovered by the seller.
The Buyer will be refunded as soon as possible of the sums paid for his order (including the shipping costs) minus the return costs, which remain at the expense of the Buyer. However, WIZ'ART GALLERY reserves the right to postpone this refund until the actual recovery of the work by the Seller.
COPYRIGHT ASSIGNMENT – RESALE RIGHT:
The acquisition of a work is accompanied by the free transfer by the Artist of his right of representation, in accordance with article L.122-7 of the Intellectual Property Code. The Artist retains these moral rights, in accordance with article L.121-1 of the same code, and does not assign his right of reproduction. The Buyer may therefore present the work to any public directly or indirectly.
In accordance with Article L122-8 of the French Intellectual Property Code, authors of original graphic works are entitled to a resale right on the proceeds of any sale of their work by an art market professional. If you are a consumer and sell the work yourself, the resale right will not apply.
PROHIBITED BEHAVIOURS – SANCTIONS:
It is strictly forbidden to use the services for the following purposes:
Engaging in illegal, fraudulent or security-infringing activities of third parties
Breach of public order or violation of applicable laws and regulations
Intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security
Sending unsolicited e-mails and/or marketing or commercial solicitation
Manipulations intended to improve the referencing of a third-party site
Use of the site to disseminate information or links redirecting to a third-party site
Aid or encouragement, in any form and in any manner whatsoever, to one or more of the acts and activities described above
And more generally any practice diverting services from the site for purposes other than those for which they were designed
The following are also strictly prohibited:
Any behaviour that interrupts, suspends, slows or prevents the continuity of site services
Any actions likely to impose a disproportionate burden on the infrastructure of the site
All breaches of security and authentication measures
Any acts likely to infringe the financial, commercial or moral rights and interests of WIZ ART GALLERY or users of its site
In the event of a breach of any of the provisions of these terms and conditions or more generally, of a breach of the laws and regulations in force by a User, WIZ ART GALLERY reserves the right to take any appropriate measures and in particular to:
Suspend the access to the site and its services of the User, who has committed or participated in the breach
Delete your account
Delete any content posted on the site
Notify any relevant authority
Initiate any legal action
OBLIGATIONS AND GUARANTEES OF WIZ ART GALLERY:
WIZ ART GALLERY is subject to an obligation of means, to the exclusion of any obligation of result.
It undertakes to provide the services of the site diligently and according to the rules of the art.
WIZ ART GALLERY undertakes to carry out regular checks on the functionality and the smooth running of the site, in order to guarantee the most comfortable use possible for the User. In order to comply with this guarantee, WIZ ART GALLERY reserves the right to temporarily suspend access to the site for maintenance reasons.
Under no circumstances can WIZ ART GALLERY be held responsible for any difficulty in accessing the site which would have as its origin circumstances which are external to it.
Users who wish to communicate to WIZ ART GALLERY any information that may improve the services of the site are welcome and can do so by sending an email to email@example.com.
The products proposed comply with the French legislation in force. WIZ ART GALLERY cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of import or use of the work you intend to order.
Furthermore, WIZ ART GALLERY cannot be held liable for damages resulting from misuse of the purchased product.
Systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by WIZ ART GALLERY within the site are protected by any intellectual property rights or rights of the producers of databases in force.
All disassemblies, decompilations, decryptions, extractions, reuses, copies and, more generally, any act of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of WIZ ART GALLERY, or Artists where applicable, are strictly prohibited and may be the subject of legal proceedings.
ADVERTISING AND LINKS TO THIRD PARTY SITES:
WIZ ART GALLERY reserves the right to insert on any page of the site and in any communication that it publishes any advertising or promotional messages respecting the legal conditions of content and distribution.
WIZ ART GALLERY reserves the right to insert on any page of the site and in any communication it publishes links redirecting the User who chooses to follow them to third-party sites. WIZ ART GALLERY cannot be held responsible for the content on these third-party sites. However, Users are encouraged to keep the WIZ ART GALLERY informed of any content on a third-party site with a link to the site that they consider inappropriate, by e-mail at firstname.lastname@example.org.
PERSONAL DATA AND COOKIES (TRACERS):
The information collected is stored in a computerized file by WIZ ART GALLERY as part of the management of user accounts, information on the services, the promotion of the works proposed, the newsletter, as well as for any sales operation. They shall be kept for a period of two years.
In accordance with the Data Protection Act and the European regulations in force, the User has a right of access, additional information, questioning, understanding, rectification, limitation, deletion and opposition of the information concerning him, as well as a right of portability. He also has the power to give instructions on the fate of his data after his death and to lodge a complaint with a supervisory authority. You can exercise your rights by sending an email to email@example.com.
AMENDMENTS TO THE GTCS and GTC:
WIZ ART GALLERY reserves the right to modify these General Terms and Conditions of Sale and Use. The Users will be informed of these changes by any useful means as well as through access to the said conditions at the time of any order.
APPLICABLE LAW – DISPUTE RESOLUTION:
These GTCS and GTC are governed by French law.
In the event of translation of this Agreement into one or more languages, the language of interpretation in the event of a dispute as to the meaning of a term or provision shall be French.
In the event of a dispute concerning the validity, interpretation or enforcement of this Agreement, the courts of ANNECY shall have exclusive jurisdiction to judge the dispute.
This website is edited by SAS WIZ ART GALLERY, a company headquartered at 8 RUE DU PONT ROMAIN, 74940 ANNECY, registered under the SIREN number: 000 000 000. The publication director of this site is Mrs. BOSSUYT Patricia in her capacity as headmanager of the company.
Pursuant to Law No. 78-17 of 6 January 1978 on Data Processing, Files and Freedoms, you have the right to object (art. 26 of the law), access (art. 34 to 38 of the law) and rectification (art. 36 of the law) of the data concerning you. In this way, you may contact us to rectify, complete, update or delete information about you that is inaccurate, incomplete, equivocal, out-of-date or whose collection or use, communication or retention is prohibited. The information that concerns you is only intended for the company SAS WIZ ART GALLERY. We do not pass on this information to any third parties (business partners, etc.).
The user is informed that during his visits to the site, a cookie can be installed automatically on his browser software. A cookie is an element that does not identify the user but is used to record information about the user’s browsing on the website. The user will be able to disable this cookie through the settings in his browser software.
The website, its general structure, as well as the texts, animated images or not, know-how, drawings, graphics (...) and any other element composing the website, are the property of either the company SAS WIZ ART GALLERY, or customers who have authorised SAS WIZ ART GALLERY to produce their data. Any total or partial representation of this site by any process whatsoever, without the express authorization of the operator of the website is prohibited and would constitute an infringement sanctioned by articles L 335-2 et seq. of the Intellectual Property Code
The trademarks of the website operator and its partners, as well as the logos appearing on the website, are registered trademarks (semi-figurative or not). Any total or partial reproduction of these marks or logos made from the elements of the site without the express authorization of the operator of the website or of its rights holder is therefore prohibited, within the meaning of article L713-2 of the ICC.