General Terms and Conditions of Sale
1 – INTERPRETATION
2 – ACCEPTANCE
3 – ORDER
4 – SALES PRICES AND TERMS OF PAYMENT
5 – DELIVERY AND INSURANCE OF THE ARTWORKS
6 – RIGHT OF WITHDRAWAL
7 – STATUTORY GUARANTEES
8 – FORCE MAJEURE
9 – TAXES
10 – INTELLECTUAL PROPERTY
11 – DATA PROTECTION
12 – APPLICABLE LAW
14 – COMPETENT JURISDICTION
In these conditions:
‘Conditions’ means the standard Terms and conditions of sale set out in the document.
‘Contract’ means the contract for the sale of the art works.
‘Seller’ means the artist who publish his/her artworks via own page and make it available for sale
‘Buyer’ means anyone who place the order on our website and make payment
‘Payment method’ means the credit or debit card or other payment system chosen by ‘Buyer’ to be used as the method of payment for the goods of which he/she have provided details to us when placing the Order;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
‘Order’ means any order placed by ‘Buyer’ with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by ‘Buyer’;
‘Web Site’ our presence on the world wide web, currently accessible via the address www.grinevart.com
The purpose of the Grinev art Gallery website is to present artworks from ‘Sellers’ to ‘Buyers’ and to give them the opportunity to discover and buy them online from the Seller.
These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the artworks available on the site, and to define each party’s rights and obligations in such a relationship.
The sales made through the Web site are contracted directly between the Buyer and the Seller.
All property is offered for sale and sold directly from the seller to the buyer, and Grinev art is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site, but a simple mediator in the context of the provision of the Site that allows Sellers and Buyers to connect.
We may facilitate communication, payment and shipping between buyers, prospective buyers, and sellers, however, we are not the agent of any buyer, prospective buyer for any purpose, and we are not the agent of any seller for any purpose.
As a result, GRINEV art gallery is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.
The Artworks are offered for sale on the Seller’s page, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its price, name, author, dimensions, and material.
To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account).
Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
The Buyer will not be charged for the payment before his/her purchase offer has been validated, which is done within 48 hours by GRINEV art gallery, to ensure the Artwork’s availability from the Seller.
The payment of the artwork price by the Buyer to the Seller is made via the payment services available from GRINEV art gallery: credit card, bank transfer or PayPal.
Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on GRINEV art gallery’s website.
Unless otherwise stated, all prices on the Site are in Euro. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, GRINEV art gallery may collect fees owed using other collection mechanisms.
According to (Cf. Code des Obligations, art. 185), the Buyer assumes all the risk and is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers.
The delivery of the Artworks is made at the address provided on the order summary form (Shipping address), during the business hours and according to the procedures laid down by the carrier chosen upon ordering.
The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers.
Obligations regarding the delivery of the order, meaning respecting the given schedules, the delivery method chosen by the Buyer as well as quality of the packaging for the artwork are the sole responsibility of the Seller, Grinev art gallery’s shall in no case be held liable for failure to comply by the Buyer or Seller, who is entitled to lodge a complaint against the delivery service provider.
The Buyer must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours, to Grinev art who will transfer to the Seller.
6 – EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS
Prospective buyers and sellers are advised that:
- some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species;
- (ii) cross-border deliveries are subject to opening and inspection by customs authorities;
- (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of GRINEV art gallery or the seller makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions.
Seller are responsible to determine and obtain at its own cost any necessary export licenses, however import licence and other required permits for purchased property should be obtain by the buyer.
Unless the buyer and the seller agree otherwise, a delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property. None of the GRINEV art gallery or the seller will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.
Th Buyer have a cooling off period of 7 days after the date on which you have received the Goods to cancel the Contract, and return the Goods and receive a full refund of the purchase price and any delivery cost. You may use his/here right of withdrawal with GRINEV art gallery through sending an email to the following address firstname.lastname@example.org.
Grinev art gallery will then be responsible for handling the cancellation from the Buyer and shallprocess the refund within 7 days following the date on which GRINEV art gallery was informed about the Buyer exercising his/her right of withdrawal.
The returned artworks that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, Grinev art gallery reserves the right to decide at its sole discretion.
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.
In case of a situation of force majeure, the execution of the contract may be suspended or, if
it is completed, cause the cancellation of the sale.
Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the French courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.
Unless exempt by law, the buyer is required to pay all sales and use taxes (including VAT) of, export and/or import taxes and duties, and any other transactional taxes or levies (“Transactional Fees”) related to the purchase of property by the buyer.
The buyer is required to pay the seller any taxes as the seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation.
Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of Transactional Fees and any other fees not defined in this Agreement may be collected from the buyer in addition to any listed price.
The Seller guarantees that he/she is the author of the ceded Artwork and that the later does not violate any laws, regulations, and standards in force, or affects the rights of third parties.
He/she commits to protect GRINEV art gallery and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork.
The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
GRINEV art gallery gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms.
Pursuant to the Federal Act on Data Protection (FADP) of 19 June 1992 (Status as of 1 March 2019), the User has a right of access, modification, correction, and deletion of his/her personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: email@example.com
The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account.
GRINEV art gallery reserves the right to retain certain data to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
GRINEV art gallery is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.
These general terms and conditions of sale are governed by Swiss law.
In the event of a dispute, the User has a right of recourse with a Federal Consumer Affairs Bureau FCAB the amicable resolution of any dispute on the execution of these GTCS.
Any dispute concerning the validity, interpretation, or execution of these General Conditions
of Sale shall be brought before the Tribunal de commerce de Bern.