1 – PURPOSE AND ENFORCEABILITY OF THE GTC
The purpose of the RITTURA GALLERY website is to present the works of artists (hereinafter the “Sellers”) to users of the site (potential “Buyers”), and gives them the possibility of discovering and buying them online from the Seller.
The purpose of these general conditions of sale is to define the terms and conditions for the online sale of Works present on the site, and to define the rights and obligations of the parties in this relationship.
2 – ACCEPTANCE
Unreserved acceptance of all of these general conditions of sale is essential for the conclusion of the sales contract, by both the Seller and the Buyer. This acceptance is materialized by a checkbox in the Work order form.
3 – ORDER
The Works are offered for sale on the Site by the Seller, subject to their availability.
Each proposed Work is accompanied by a brief descriptive sheet including information relating in particular to its medium, its dimensions, its weight and its nature.
To order a Work, the Buyer must select the Work of his choice, place it in his basket and fill in the necessary information about him for the order (or identify himself, if he has a User account). Before confirming his order, the Buyer must check the information contained in the summary of the order, and has the possibility to correct any errors in the elements entered, as well as to take note of the delivery costs.
The Buyer will not be debited from payment before the validation of his offer to purchase, made within 48 hours by RITTURA GALLERY, in order to ensure the availability of the Work from the Seller.
In the event that the Work is no longer available, an email informing the Buyer will be sent within 48 hours, resulting in the cancellation of the order.
4 – SALE PRICE AND TERMS OF PAYMENT
The sale price of the Works is displayed on the Site in the currency determined by the Purchaser and includes all taxes, with the exception of delivery and packaging costs where applicable.
The various possible delivery methods and the related costs are indicated at the time of the order summary. The delivery and packaging costs depend on the nature of the work, its dimensions, its weight, as well as the place of delivery.
The payment of the price of the work by the Buyer to the Seller is made via the payment services made available by RITTURA GALLERY: card and bank transfer (the conditions of use of which are available at the following address: https: //ritturagallery.com).
The transfer of ownership occurs once the full price has been paid by the Buyer. In the event of non-payment of the full price, the sale will be automatically canceled, and the work put back for sale on the RITTURA GALLERY site.
5 – DELIVERY OF WORKS
The delivery of the works ordered is made to the address indicated in the order summary form, during working hours and in accordance with the terms and conditions provided by the delivery provider determined during the order.
The Purchaser has the obligation to inquire about the terms and delivery times set
implemented by the various delivery providers.
The obligations concerning the delivery of the order, namely the respect of the announced deadlines, the quality of the packaging of the work, as well as the conformity of this one weigh only on the Seller, the responsibility of RITTURA GALLERY cannot in any way be engaged in the event of default by the Seller, the latter being able to file a claim against the delivery provider.
The Buyer undertakes, upon receipt of the order, to check the condition of the work, and make any reservations in writing and without delay, at the latest within 48 hours, to RITTURA GALLERY, which will send them to the Seller.
6 – RIGHT OF WITHDRAWAL
Pursuant to article L.121-21 (law of 17 March 2014 relating to consumption) of the consumer code, the Buyer has 14 days from the delivery of the Work to put implement its right of withdrawal from the Seller, free of charge and without reason.
The Buyer exercises his right of withdrawal from RITTURA GALLERY by sending an email to the following address firstname.lastname@example.org.
RITTURA GALLERY will then deal with the Buyer’s request for withdrawal and refund it within 14 days of the date on which RITTURA GALLERY was informed of the exercise of the Buyer’s right of withdrawal.
The reimbursement will relate to the price of the work paid by the Buyer as well as the return costs.
Works returned damaged or soiled by the Buyer will not be taken back or reimbursed, RITTURA GALLERY reserving this choice at its sole discretion.
7 – LEGAL GUARANTEES
The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-conformity and the guarantee of hidden defects.
8 – FORCE MAJEURE
The existence of a case of force majeure may suspend the execution of the contract or, if it is final, result in the resolution of the sale.
Expressly, are considered as force majeure or fortuitous events, those usually retained by the case law of French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and for which the effects cannot be avoided by appropriate measures
The party invoking Force Majeure must immediately notify the other party, as well as of its disappearance.
9 – INTELLECTUAL PROPERTY
The Seller guarantees that he is the author of the transferred Work, that the Work in no way contravenes the laws, regulations and standards in force and that it does not infringe the rights of third parties.
He undertakes to guarantee RITTURA GALLERY and the Buyer in the event of recourse by a third party concerning the transferred work, within the framework of the eviction guarantee.
During the sale, the Seller transfers to the Buyer the material support of the work and its rights of representation on the work.
However, the Seller retains the moral rights over the work sold as well as the rights related to its reproduction.
10 – DATA PROTECTION
RITTURA GALLERY collects and stores the personal data of the Buyer and the Seller for the proper execution of these conditions.
In application of Law n ° 78-17 of January 6, 1978 relating to data processing, files and individual freedoms, the Purchaser has the right to access, modify, rectify and delete personal data. personnel concerning him / her processed via the Site when ordering, as well as the right to oppose the communication of this data to third parties for valid reasons by sending a request to the following address: email@example.com.
The personal data communicated by the Purchaser will be destroyed no later than six months after the deletion of the Purchaser’s account.
RITTURA GALLERY reserves the right to retain certain data in order to justify, where applicable, the perfect performance of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary for the operation of the service.
RITTURA GALLERY undertakes to put all the measures in place to best protect the confidentiality of the information provided by the Buyer and the Seller.
11 – APPLICABLE LAW
These general conditions of sale are governed by French law.
12 – MEDIATION
In the event of a dispute, the Purchaser has a right of recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these GTC, as provided for in articles L.611-1 and following as well as R.612-1 and following of the Consumer Code.
The User will find the list of mediators on the government website dedicated for this purpose: http://www.mediateurfevad.fr/.
13 – COMPETENT JURISDICTION
Any dispute relating to the validity, interpretation or execution of these General Conditions of Sale must be brought before the courts of La Rochelle.