Terms of service
Version: 3/10/2024
Clause 1. Purpose
The main objective of the www.guillaumeflamant.com website (hereinafter referred to as "the Gallery") is to enable art lovers and businesses (hereinafter referred to as "the Collector") to discover and acquire works of art directly from creative artists (hereinafter referred to as "the Artist"), thereby helping to foster the emergence of contemporary artists and enabling them to obtain a decent income from their work. The Gallery's low commission rates contribute to this objective.
The Gallery also offers image banking services for professionals, with the majority of revenues going to the Artist.
These general terms and conditions of use and sale (CGUV) define the terms and conditions of sale of La Galerie, set out the obligations and rights of the Artist, the Collector and La Galerie, and the services offered to the Collector (hereinafter: the "Services"). These CGUV may be supplemented by specific service agreements.
The Gallery and Services are accessible only to natural persons or legal entities represented by natural persons of full legal age, who are deemed to have checked and accepted the general terms and conditions by validating transactions on the site. This acceptance can only be full and complete. The Collector and the Artist accessing the service therefore accept all the CGUV without restriction or reservation. By accepting the CGUV, the natural persons having declared themselves to represent the legal entities affirm that they are duly mandated by the latter for this purpose. The Gallery may modify the terms and conditions at any time, the latest version being available on the Gallery's website. Collectors and Artists who do not accept the new terms and conditions must unsubscribe from the service in accordance with the procedure set out in Clause 8 of this document.
Clause 2. Manager of La Galerie
The Gallery and Services are managed by self-employed entrepreneur Guillaume Confais Morieux, RCS number 843 286 170 R.C.S. Paris, SIRET number 84328617000058, detailed activity: Online art gallery, direct contact between customers-collectors and suppliers-artists. With the following business categories: Categorization 1 Service activities, Categorization 2: Administrative activities, commercial agents and other business support activities, Categorization 3: Other business support activities
(hereinafter: "Galerie Guillaume Flamant" or "La Galerie").
Galerie Guillaume Flamant can be contacted at the following address:
Postal address: Galerie Guillaume Flamant - Guillaume Confais Morieux - 139 rue Pelleport - Boite 30 - 75020 Paris
Telephone: +33 616241678
E-mail address: contact<à>GuillaumeFlamant.com
Clause 3. How to register on La Galerie
Access to the Gallery is open to any Collector who may order works directly. The Collector may also request a listing by contacting the Gallery. Galerie Guillaume Flamant can also contact Collectors directly.
The Gallery will send the Collector a confirmation email containing a one-way link to an online registration module. The Collector must fill in the information indicated as mandatory. All registrations must be complete to be valid.
Registration leads to the opening of a Collector's Area (hereinafter: the "Collector's Area" for an individual and a "Corporate Area" for a legal entity), which allows the Collector to access La Galerie's Services, and to open an account to manage financial flows between the Collector and La Galerie.
Once the information has been validated by the Collector, Galerie Guillaume Flamant may ask the Collector to provide any additional information. The Collector remains solely responsible for the information published concerning him/her or his/her contact details.
The Collector undertakes to provide Galerie Guillaume Flamant as soon as possible with any additional documents and information requested by the latter at a later date. The Collector is solely responsible for the information he/she provides and which enables the service to be delivered correctly. The Collector undertakes to inform the Artist and Galerie Guillaume Flamant as soon as possible of any erroneous information, particularly in the event of a purchase from the Galerie Guillaume Flamant, and remains responsible for any information transmitted to the Galerie Guillaume Flamant and the Artist
The Collector accepts that the Gallery collects his/her personal information to enable delivery of the products. The first purchase on the site constitutes acceptance to receive information and promotions from the Gallery and / or its partners, it being understood that the Collector may at any time waive receipt of such information.
In the event of suspicious activity, the Collector must immediately refer the matter to Galerie Guillaume Flamant, which will take all necessary measures.
If the Collector's area is unavailable, the Collector may also request a duplicate of his invoices and a statement of his orders directly from the Gallery's administrator, whose contact details are given in Clause 2.
Clause 4. Terms and Conditions of Sales and Services Provided by the Gallery
Upon receipt of confirmation of the Collector's registration by the Gallery, the services are provided by the Gallery to the Collector for an indefinite period of time.
Sale of Works
The Gallery acts as an intermediary between the Artist and the Collector, facilitating the relationship between the two.
The Gallery will provide the tools and services it deems necessary for the smooth running of this direct sale.
The Artist is solely responsible for the descriptions of the Works he/she offers in the Gallery. In the case of unique pieces or limited edition reproductions, the availability of the Works is not guaranteed. Furthermore, as prints are handmade, the dimensions, colors and characteristics of the Works indicated in the description are for guidance only, and may vary.
Each Work purchased from the Gallery will be the subject of an invoice and a certificate of authenticity issued by the Artist to the Collector. It is understood that sales contracts and certificates are issued exclusively between the Artist and the Collector.
Orders are placed via the Gallery, and must be confirmed by the Collector on the "my basket" page, together with delivery information, after any corrections have been made. Once the basket has been validated, the Collector receives a confirmation e-mail.
Galerie Guillaume Flamant then verifies the availability of the Work with the Artist, and confirms this to the Collector within two working days, unless the Artist has indicated his absence during the confirmation period.
If the Work is not available, the Gallery contacts the Collector, cancels the sale and reimburses the Collector for the amount deducted no later than 10 (ten) working days following notification of unavailability.
If the Work is available, the Gallery sends a summary to the Collector recalling the conditions proposed by the Artist, the general conditions of sale and the planned place of delivery indicated by the Collector. The Collector must ensure that the delivery address indicated is compatible with the receipt of a Work of Art within the time period indicated.
In the event of an error in the information provided by the Collector, the latter undertakes to contact the Gallery within two working days.
Access to the Image Bank
The Gallery offers the Collector the use of Works for which the Artist has delegated the management of reproduction rights to the Gallery. These Works may be used for a fee on digital or physical media. Detailed rates and usage options for these images are available in the image bank usage contract.
Orders are placed via the Gallery, and must be confirmed by the Collector on the "my basket" page, with his or her choice of options using the images, after any corrections. Once the basket has been validated, the Collector receives a confirmation e-mail reminding him/her of the conditions of use of the image, the price list and the general terms of sale, and a unique link to enable him/her to download the image(s) of the chosen Works and use them under the agreed conditions.
In the event of an error in the information provided by the Collector, the latter undertakes to contact the Gallery within two working days.
Additional paid services offered by the Gallery
The Galerie may offer any optional complementary paying services. In particular, it provides for top-of-the-range printing services for catalogs, posters, postcards, editions and magazines, which will be the subject of a specific additional contract subject to approval by the parties, available on the site under the heading "Additional paid services contract".
Free Collector Services
The Gallery offers the Collector free services to facilitate his/her artistic experience. In particular, it is envisaged that the following services will be offered: subscription to the Galerie Guillaume Flamant newsletter, subscription to news about favorite artists selected by the Collector, subscription to themes selected by the Collector.
The Gallery will take care not to send more than one email per week to the Collector. The collector may unsubscribe from these services at any time by simply returning an email.
The Gallery may include in its communications with the Collector or on its website any promotional and/or communication inserts produced by the Gallery and its partners.
Prices and terms of sale
The valid selling prices are those displayed on La Galerie at the time the order is placed.
Delivery costs are indicated when the order is confirmed. All other charges, duties and taxes, in particular those corresponding to deliveries outside the European Customs Union, remain the responsibility of the Collector, who is solely responsible for estimating and paying them before confirming the purchase.
The full price is payable at the time of order, debited online from the Collector's account or from the Collector's bank card, the Collector affirming that he/she has all the necessary authorizations to use these means of payment
In the event of partial or total non-payment of a sum due by the Collector, of a payment incident or of fraud or attempted fraud, Galerie Guillaume Flamant may suspend or cancel the order and delivery. As long as the Work has not been paid in full, it remains the property of the Artist.
Penalties of an amount equal to the usury rate applicable on the last known date minus zero point ten points (0.10 points), according to the usury rate corresponding to credit institutions and finance companies for cash loans, as indicated by the Banque de France, are automatically applicable to unpaid amounts as soon as the payment rejection is notified.
Delivery of Works
The Collector must indicate the place of delivery when ordering.
Deliveries of the Works are made to the address indicated by the Collector at the time of ordering, as indicated in the confirmation email.
In the event of delay, if the Collector has not received a satisfactory response from the Artist regarding a new reasonable delivery date, the Collector may request the Gallery in writing to cancel the order. If the Order has not been received in the meantime by the Collector, the Gallery will proceed within 10 working days to reimburse the Collector for the full cost of the Work and its delivery, unless a compromise has been reached in the meantime between the parties with the possible mediation of the Gallery.
Withdrawal
The work is deemed to have been received no later than 5 working days after dispatch by the artist, as evidenced by the tracking number. From the date of receipt, the Collector may, within 14 (fourteen) days, withdraw from the order without charge or penalty by means of a written notification that includes all the information indicated in the confirmation email. He may, if he wishes, use the retraction model available in the FAQ. From the date of notification of withdrawal, the Collector has 5 working days to return the Work. The return parcel will be prepared, at the expense and under the responsibility of the Collector. In this respect, the Collector has access to the return instructions given in the FAQ, which he/she undertakes to follow. The Collector will be responsible for any reshipment costs in excess of those invoiced by the Artist. The Collector will be responsible for any damage to the Work during its return to the Artist. The Gallery will reimburse the Collector in full for the amount initially paid upon receipt by the Artist of the returned Work.
Clause 5. Commitments of the Collector
By using the Gallery's services, the Collector undertakes to comply with all the general terms and conditions, laws and regulations in force, on pain of exclusion as provided for in Clause 8. In particular, he/she takes note of the following points:
- in the event of subsequent resale of the Work, the Collector undertakes to proceed with the droit de suite as provided for in Article L122-8 of the French Intellectual Property Code.
- the Collector must obtain written authorization from the Artist to use the Works, image rights or services acquired from the Gallery and the Artist for commercial or unpaid purposes. The Collector shall in all cases remain responsible for the use and consequences of such use by third parties.
- The Collector certifies to the Gallery that he/she complies with all applicable laws and regulations, and has taken all necessary steps for his/her activity, in particular fiscal, social and administrative, in connection with the use of the products and services offered by the Gallery and the Artist.
- The Collector agrees not to use the Gallery for any purpose other than the purchase of products and services offered by the Gallery.
- The Collector agrees to use the Gallery solely for his or her individual needs.
- The Collector acknowledges that only the transactions indicated on La Galerie's website and accessible to the Collector are authentic and proof.
- The Collector undertakes to inform the Gallery of any difficulties in using the Services, the use of which is the sole responsibility of the Collector, and to inform the Gallery of any anomalies in the content or tools offered within the Gallery.
- The Collector undertakes to keep confidential all data received by La Galerie. In particular, the Collector undertakes not to re-use such data for personal purposes outside the services offered by La Galerie.
- The Collector undertakes not to bypass the Gallery by directly contacting an Artist with whom the Gallery has put him/her in contact.
The Gallery reserves the right to take any administrative, judicial or commercial action in the event of the Collector's failure to comply with its obligations, and to alert any authority in connection with a breach.
Clause 6. Commitments of Galerie Guillaume Flamant
Through its activity, Galerie Guillaume Flamant is committed to promoting and fairly remunerating living Artists selected by it for the works they produce. It provides associated services and products to meet this objective.
- Galerie Guillaume Flamant makes every effort to ensure a good quality of service, but has no obligation of result, which the parties acknowledge.
- The responsibility of Galerie Guillaume Flamant is limited to the sole provision of tools and services to connect the Artist and the Collector, as a hosting site.
- Galerie Guillaume Flamant's services allow the Artist and the Collector to contract directly with each other. The Artist and the Collector are solely responsible for the legal acts issued between them.
- Galerie Guillaume Flamant regularly carries out maintenance and control operations which may affect the Gallery's accessibility. Galerie Guillaume Flamant cannot be held responsible for any limitations to access for these reasons, for any case of force majeure, or due to difficulties linked to its service providers and access suppliers. The Galerie is not obliged to keep archives and backups of the information published on its site.
- The Artist and the Collector are aware that the Gallery uses a prototype test site that may generate errors or defects.
- The Gallery may not be held liable for damages and consequences other than those directly suffered by the Collector in the use of the services offered by the Gallery alone, to the exclusion of any third party, for an amount which may not in any event exceed the payments made up to 6 (six) months after the occurrence of the proven damage and notified by the Collector by registered letter with acknowledgement of receipt.
Clause 7. Intellectual property of Galerie Guillaume Flamant
All documents, tools and data placed online or transmitted by the Galerie are governed by intellectual property rights and the rights of database producers, in particular through articles L342-1 and L342-2 of the French intellectual property code.
Any reproduction of a document, tool, data put on line or transmitted without the written and express authorization of Galerie Guillaume Flamant is prohibited and could be the subject of legal proceedings.
Clause 8. Termination of Services
Termination at the Gallery's initiative
In the event of a Collector's failure to comply with any of the commitments set out in Clause 5, his access to all or part of the Services may be terminated by operation of law following receipt of an initial warning by the Gallery.
The Gallery may take any steps to claim damages from the Collector as a result of the consequences of the Collector's breaches.
Termination results in the immediate deletion of the Collector's Collector Space.
The Gallery may also terminate the Collector's access to the Gallery on its own initiative by registered letter with acknowledgement of receipt, with this decision taking effect within 30 days. This decision does not require the Gallery to justify its reasons to the Collector.
Termination at the Collector's initiative
The Collector wishing to unsubscribe from the Gallery must send his request to Galerie Guillaume Flamant by email or by post, to the address indicated in Clause 2.
This unsubscription is effective within a maximum of 5 working days after the resolution of the last order in progress at the time of the cancellation request, including the withdrawal period
The Collector remains committed, however, to any services to which he has committed himself and for the duration of these services. Unsubscription entails the deletion of all information concerning The Collector held by the Gallery.
Clause 9. Language, Applicable Law and Dispute Resolution
Language
Galerie Guillaume Flamant's general conditions and contractual documents are written in French.
They may be translated into other languages to help guide the user. However, in the event of any doubt as to the interpretation of the written texts, only the French version will be deemed authentic.
Applicable law
These terms and conditions are governed by French law.
Consumer Ombudsman
La Galerie has appointed the following independent consumer mediator:
Center de médiation et de règlement amiable des huissiers de justice (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris
E-mail address: contact@medicys.fr
Telephone: 01 49 70 15 93
http://www.medicys.fr/index.php/consommateurs/
The latter may intervene to find an amicable solution to any dispute between the parties, and may be referred to free of charge by the Collector for this purpose.
Jurisdictio
In the event of any dispute between the parties that cannot be resolved amicably, the parties agree that the Paris courts shall have exclusive jurisdiction, except where otherwise provided by mandatory procedural rules.
Clause 10. Contact
If you have any questions, please contact the Gallery as indicated in clause 2.