GENERAL CONDITIONS OF SALE
Article 1 – General provisions
1. ART-MANIAC is a distance selling system from the website https://art-maniac.pro (hereinafter the “Website”). It is managed by SARL ROI DORE (hereinafter “ART-MANIAC”) with a capital of 2 000,00 Euros, based at 6, rue Sainte Anastase – 75003 Paris, registered in the Paris Trade and Companies Registrer under number 520 845 512 (VAT number: FR 20 520845512).
2. The purpose of these General Conditions of Sale (hereinafter “General Conditions of Sale or GCS”) is, on the one hand, to inform any potential User (hereinafter the “User”) of the terms and conditions of sale and delivery of products (hereinafter the “Products”) ordered through the website, and on the other hand, to define the rights and obligations of the parties in connection with the use of the website and the sale of products through it to the Buyer (hereinafter the “Buyer(s)”). They apply, without limitations nor reserve, to all orders placed by the distance selling scheme from the website, deliverable in Metropolitan France, DOM TOM and, subject to eligibility, abroad.
3. For the purposes of this General Conditions of Sale, the Buyer and ART-MANIAC are individually or collectively referred as a “Party” and “Parties”.
4. ART-MANIAC reserves the right to modify at any time these “General Conditions of Sale” and the Website. ART-MANIAC undertakes to inform the Users of the GCS within a maximum of 7 working days from the moment the modifications have taken place. However, the GCS applicable to the order placed by the Buyer on the Site are those accepted by the Buyer at the time of the order, unless a change to these GCS is required by an Administrative or Governmental authority (in this case, this modification may also apply to previous orders that the Buyer has made).
5. Assuming that any of the provisions of the GCS are deemed illegal or unenforceable by a court decision, the other remaining provisions will remain in effect.
Article 2 – Conditions of the registration and use of the Website
1. Only persons legally capable and holding a User Account (hereinafter the “Account”), which require prior registration, may buy on ART-MANIAC.
2. Registration on ART-MANIAC is free. Only registered Users may make an offer to purchase, order a Product(s) and conclude an online deal. Registration on ART-MANIAC may only be carried out if all the conditions listed below are met:
a. The User must provide ART-MANIAC with the information and data required in the Registration Form. The User undertakes to provide up-to-date, complete, and accurate information and to keep it up-to-date. Any change of these data must therefore be relayed to ART-MANIAC via the User Account, in particular in the case of a change of postal or email address. Failing this, the User will bear the consequences.
b. After completing the registration formalities, the User obtains an Account for which he has chosen a login (his email address) and a password. The User may at any time access his Account by entering in an appropriate tab his/her login and password. The login and password are strictly personal and confidential. The User undertakes to not communicate these data to third parties, except to prove a fraudulent use that is not attributable to him/her. The User agrees to disclose any use by a third party of his/her login and/or password as soon as he/she becomes aware of it. In the contrary case, the User is solely responsible for the deal(s) concluded by a person using his/her login and password, and he/she alone will bear the consequences.
c. The User agrees to create and use a single Account, only the one initially created for him. The User accepts that ART-MANIAC retains all records, documents and information concerning his/her activity on the Website.
d. The registration on the Website implies full acceptance of the present GCS of which the User declares to have full knowledge at the time of registering his/her Account.
3. ART-MANIAC reserves the right to suspend or delete the Account of any User in contention with ART-MANIAC or who does not provide the necessary proof of solvency.
Article 3 – Buying on the Website
1. When placing an order, the Buyer declares to have full legal capacity as defined in the articles 1123 and following of the French Civil Code, enabling him to enter a deal, considered as concluded once the User clicks on the key to confirm his/her order, after having visualized its details and in particular its total price and after having had the possibility to correct any potential errors.
2. Placing an order implies full acceptance of these GCS, of which the Buyer declares to have full knowledge when registering his/her User Account.
3. ART MANIAC reserves the right to refuse any order from a Customer in contention with ART-MANIAC or who does not provide the necessary proof of solvency.
A. Selling price
1. ART-MANIAC reserves the right to modify the price of the Product at any moment, upwards or downwards.
2. The purchase price of the Product is the price shown on the Website when the Buyer clicks on the button to confirm the order.
3. The price of each Product indicated on the Website is expressed in euros, all taxes included. Other fees, such as delivery or handling fees (insurance, packing, shipping, etc.), and/or processing fees (expert’s certificate and/or guarantee, etc.) may be potentially added to this price.
a. The delivery costs (including insurance, packaging, and any other necessary fees) depend on the delivery mode chosen by the Buyer from the available options. They are added to the purchase price at stage 2 of the purchasing process.
b. If the delivery is to be made to a country outside the European Union (except the French overseas territories), the price invoiced is the price without taxes. If customs duties, local taxes or import duties are applicable, they are the Buyer’s sole responsibility, both in terms of declaration and payment to the competent authorities and bodies. The Buyer is the sole responsible for obtaining information from the competent authorities.
c. c. If the delivery costs are mentioned “on quotation” on the Site, the Buyer may at any time request the estimate of the delivery costs, which he will receive by email within 72 hours of the confirmation of reception of his/her request.
d. If the handling fees are applicable, they are included in the price of the Product and are not negotiable.
B. Purchase Terms
1. The Buyer has a possibility to acquire the Product, depending on the options offered on the Site, through an immediate purchase or through an Offer (hereinafter the “Offer”).
2. Option “Make an offer”
a. a. Any potential Buyer (hereinafter the “Bidder”) has a possibility to negotiate the price of the Product by making an Offer using the option “Make an offer” indicated on some Products. Each submitted Offer is final and definitive.
b. The Offer is submitted to the discretion of ART-MANIAC. The Bidder will receive an email indicating the acceptance or the refusal of his/her Offer by ART-MANIAC.
c. If the Offer is accepted by ART-MANIAC, the order is automatically validated on the Bidder’s Account with the proposed amount. If no reply is received by the Bidder within 10 working days, his/her Offer becomes null and void.
d. If the Bidder is not a registered User and/or all his/her personal information is not completed on his/her User Account (email address and telephone number) and/or if this information is not up-to-date, then his/her Offer will not be registered.
e. ART-MANIAC reserves the right to refuse any Offer deemed dishonest, outlandish or which would lead to an excessive devaluation of the Product.
3. When the Buyer agrees to finalize the purchase, the Product is considered as definitively acquired. However, the Product is still visible online along with a note “in the process of purchase” until the payment is received in full.
4. If the payment is not made within 7 days of the Agreement, the sale is considered as null and void.
5. In the event of abuse, ART-MANIAC reserves the right to continue the execution of the sale and to ban or cancel the Buyer’s Account for any period of time considered the most appropriate.
1. All payment must be received in full within 7 days of the sale’s registration. ART-MANIAC reserves the right to cancel the sale and to resell the Product if the payment is not received in full within 7 days of the sale’s registration.
2. The payment is to be made immediately.
3. The Buyer may choose from the following payment methods:
a. Online by credit card (except in the case when this payment method is not proposed), only if the Buyer guarantees that he/she is fully authorized to use the card and that it gives access to sufficient funds to cover all costs resulting from the use of the services offered by ART-MANIAC.
b. By bank transfer, except in the case when this payment method is not proposed.
c. By personal check, issued by a French bank (valid identification document may then be requested), except in the case when this payment method is not proposed.
d. In cash, in accordance with the French regulations in force, and exclusively at the ART-MANIAC headquarter, except in the case where this payment method is not proposed.
e. Via PayPal
f. Payment facilities may be arranged at the Buyer’s request if the purchased Product is acquired for an amount exceeding 4 000 €.
4. The data recorded by ART-MANIAC during the sale constitute the proof of the entirety of transactions made by the Buyer on the Website.
D. Displaying the sold Products
1. The Product’s description as well as its photos published on ART-MANIAC are likely to remain online after sale, in perpetuity, unless ART-MANIAC decides otherwise. In accordance with the exercise of its copyright, as defined in Article L. 111-3 of the Code of Intellectual Property, ART-MANIAC remains the owner of the photos present on the Website and they might remain online after the sale of the Product, unless otherwise decided by ART-MANIAC. ART-MANIAC reserves the right to unilaterally refuse any Buyer’s request challenging the publication, distribution and reproduction of the photos, and/or description and/or expertise sheet of the purchased Product.
E. Delivery and collection of Product(s)
ART-MANIAC proposes the Buyer several methods of delivery and/or collection of the Products.
The terms of delivery and/or collection may vary depending on the Product.
3. The Buyer has the possibility to:
a. Collect the purchased Pruduct by appointment at the ART-MANIAC’s headquarter at 6, rue Sainte Anastase – Paris 75003.
b. Take a delivery option (delivery fees are the sole responsibility of the Buyer). The buyer pays these fees online while purchasing the Product. For deliveries and services outside France, the provisions of the General Tax Code on VAT will apply. In the event of export outside the European Union, the Buyer is the sole responsible for paying customs duties.
4. No Product will be released to the Buyer until the full amount due is paid and the sales summary is approved.
5. ART-MANIAC will inform the Buyer systematically by email that the amount due has been fully paid and that the conditions for collecting the purchased Product or taking the delivery option have been fulfilled.
F. Right of withdrawal and Returns
1. Under the legislation on the distance sale of goods and supplying services, and in particular The Buyer-Consumer have 14 days from the moment of receiving the Product to retract without having to justify reasons or to pay penalties, with the exception, if necessary, of the costs of return..
2. If the Buyer choses to retract, he/she will be reimbursed as soon as possible and at the latest within 30 days following the date of ART-MANIAC receiving the Product. This reimbursement is made by bank transfer, unless the Buyer expresses a different wish and the agreement is given by ART-MANIAC.
3. The Buyer wishing to withdraw within a legal period (14 days after the day he/she, or a third party – other than the carrier and designated by the Buyer – receives and physically takes possession of the Product), must notify ART-MANIAC of his/her decision to withdraw from the Contract by means of an unambiguous statement, including the Customer number, order number, name, first name and address, as well as the information on purchased Product and the date of receiving the order:
a. By letter sent by post to the following address:
SARL Roi Doré
6, rue Sainte Anastase
b. By e-mail sent to: firstname.lastname@example.org
4. No refund will be given to the Buyer after the legal period of the right of withdrawal.
5. ART-MANIAC declines any responsibility for a parcel returned by the Buyer without parcel tracking option.
6. No refund will be given if the Product is not returned to ART-MANIAC in its entirety, in its condition at the time of the sale on the Site and packed in its original packing.
7. All returns should be directed to the following address:
6, rue Sainte Anastase
1. Cases giving right to lodge a complaint:
a. An error on the state of the Product. The Products sold on ART-MANIAC are works or objects of art, sold in the state described in the Product description published on the Website and in the sale’s summary.
b. If the Buyer finds a splinter, a crack, or any kind of deficiency in a Product that has not been mentioned in its description on the Website or that is not visible in the photos of the Product, and if this splinter, crack or other deficiency is not post-purchase, the Buyer has 48 hours to make a complaint by contacting ART-MANIAC (via the form of contact available on the Website, by telephone or by email sent at : email@example.com).
2. Once ART-MANIAC has reviewed and accepted the complaint in writing, the Buyer has 14 days to return the Product. In this case, ART-MANIAC takes responsibility for the return costs on the basis of the public rate Colissimo of La Poste, and on presentation of the proof of shipping. ART-MANIAC reimburses the Buyer within 30 days of receiving the Product. This reimbursement is made by bank transfer, unless the Buyer expresses a different wish and agreement is given by ART-MANIAC.
3. ART-MANIAC reserves the right to unilaterally refuse any request aiming to impose on it any restoration or repair expenses, due to the state of wear of the Product that was reported at the time of the sale.
4. ART-MANIAC declines any responsibility for a parcel returned by the Buyer without follow-up. If the Product is not returned to ART-MANIAC in its entirety, in its condition at the time of the sale on the Site and packaged in its original packaging, then no refund will be given to the Buyer.
5. No other refund may be demanded by the Buyer except in the cases mentioned above.
Article 4 – Obligations of ART-MANIAC
1. Unless otherwise stated, ART-MANIAC guarantees the authenticity of the Products sold, the authenticity of which is certified by the artist himself, his family, an expert appointed by ART-MANIAC or by SARL Roi Doré. If such an option is available and if the Buyer so wishes, SARL Roi Doré may issue a certificate of authenticity confirmed by the Person (s) mentioned above.
2. ART-MANIAC undertakes towards the Buyer to present the sale and delivery price of the Product purchased on the Website. The product will be delivered only when ART-MANIAC receives the entire payment or the Buyer’s guarantee of its receipt.
Article 5 – Protection of personal data – virtual database
1. As responsible for collecting and processing the data, ART-MANIAC takes appropriate measures to ensure the protection of Users’ personal data and their appropriate use in accordance with purpose of their processing, as required by the law “Informatique et libertés” n° 78-17 of January 6th, 1978, relating to the data processing, files and freedoms. Personal data relating to the Users will not be kept beyond the period strictly necessary for the management of the commercial relationship or the services offered on the Site. However, these data may be kept for security reasons and/or to enable ART-MANIAC to improve the management of the commercial relationship and/or to individualize the offered services.
2. At any time the User has the right to refuse – free of charge and without justification – the processing of his personal data. He/she also has the right to access, rectify and delete any information that concerns him/her. However, in the case of incorrect entry, he/she risks that his order or any other request will not be processed or will be treated incompletely or incorrectly.
3.Depending on the options selected when setting up a User Account or when checking the account, the Buyer may choose and determine whether he wishes to receive information letters (newsletters) and commercial offers from ART-MANIAC and / or its partners, and to be informed by e-mail about various types of specific events or offers. If the Buyer does not wish to receive such offers, he may unsubscribe from them at any time by clicking on the link visible in the e-mail or by selecting the “receiving newsletter” option in his User Account.
Article 6: Convention on Electronic Evidence
1. Pursuant to the regulation of the French article 1369-2 of the Civil Code (Art. 1369-2 du Code civil), it has been expressly agreed between the Parties (the Buyer and ART-MANIAC) that under the Contract of Sale they can communicate with each other via electronically or by phone.
2. To ensure the confidentiality of jointly exchanged data, technical security measures are provided.
3. The Parties agree that the electronic messages exchanged between them are irrefutable evidence of the information contained therein and – in the given cases – of the Parties’ obligations, especially with regard to the transmission and acceptance of orders and the management of returns.
Article 7 – Legal provisions
These Terms of Sale, initially written in French, will be applied and interpreted in accordance with French law. In the event of disputes, the Buyer should first contact ART-MANIAC in order to find an amicable solution. Otherwise, the French courts will have exclusive jurisdiction.