ARTICLE 1 – PREAMBLE
1.1 ART JINGLE, a Limited Liability Company with a capital of €5,000, registered in the PARIS Trade and Companies Register under number B 477 864 649, whose registered office is located at 31bis, rue des Tournelles 75003 PARIS, FRANCE (hereinafter referred to as ART JINGLE), publishes the website www.artjingle.com.
ARTJINGLE, through its website, has the following corporate purpose: the advice and sale of second-hand objects, works of art and movable property; the brokerage activity related to the sale of objects and works of art; the brokerage activity related to the sale of second-hand movable property.
1.2 The Buyer is defined as an Internet user, having a functional e-mail address, natural person or representative of a legal entity, professional or private individual, endowed with the means useful for the use of the proposed services and for whom he will be responsible and bear the inherent costs.
1.3 The present general terms and conditions of online sale govern the contractual relationship between ART JINGLE and the Buyer, within the framework of a distance selling system, both parties accepting them without reserve.
1.4 The present conditions can be consulted on line at the main address mentioned below, and will prevail on any other support of reproduction;
1.5 The Buyer declares that he has taken note of the following provisions before placing an order. By entering into an online sales contract, the Buyer expressly and irrevocably accepts the terms set out below. Any contrary condition opposed by the Buyer will, therefore, in the absence of express acceptance, be unenforceable against ART JINGLE, regardless of when it may have been brought to his attention.
1.6 The fact that ART JINGLE does not take advantage at a given moment of any one of the present general terms of sale cannot be interpreted as a waiver of the right to take advantage of any one of the said terms at a later date;
1.7 The Buyer declares to have the capacity to conclude the present contract, i.e. to be of legal majority and not to be under guardianship or curatorship if he is a natural person. If he represents a legal entity, have the power to bind the legal entity under the customer-supplier type sales contract.
1.8 The present general conditions of sale expressly provide in its article 12 the conditions and modalities of the sale and the handing-over of the works in the case where the sale would be directly carried out in one of the establishments of the Company ART JINGLE.
ARTICLE 2 – ACCEPTANCE OF AN ORDER
ART JINGLE declares prior to any order to have been mandated by the owner of the work to sell it, objects of the present. The Salesman declares the exactitude of the information concerning the description of the work object of the present.
If ART JINGLE is the owner of the work, ART JINGLE declares the exactitude of the information concerning the description of the work.
2.1 1st Step : The Buyer’s electronic reservation
The purpose of this formality is to allow the Buyer to check the characteristics of his order (price, description of the object, name of the artist). The Buyer will have to give the personal information necessary for the order as well as the delivery address of the object if he wishes to be delivered.
2.2 2nd Step – Confirmation of the order
As soon as ART JINGLE provides the Buyer with the information and in particular the order summary, the Buyer can confirm his order after having read and accepted the general terms and conditions of sale. This confirmation must be accompanied by the payment of the order. The order will only be processed upon receipt of payment. In the absence of payment within the time limit, the order is considered null and void and the work(s) is (are) put back on sale and delivery cannot take place.
2.3 3rd Step – Order Form – Invoicing
At the end of these two steps, an order summary is automatically drawn up by ART JINGLE, proof of the Buyer’s order and sent to the Buyer. The Purchaser will be provided with the order summary by any possible means, in priority by a simplified copy of the text format sent automatically as an e-mail attachment to the address provided by the Purchaser during registration and upon the Purchaser’s express request by fax or post.
The order is considered firm as soon as ART JINGLE provides the Buyer with the order summary. The summary of the order by ART JINGLE is the date of conclusion of the sales contract. In addition, ART JINGLE will provide the Purchaser with an original invoice accompanying the work upon delivery. For pricing purposes, the buyer will receive an original invoice with the artwork upon delivery.
ARTICLE 3 – PRICE
3.1 The price appearing on the ART JINGLE website is expressed in Euros, excluding delivery charges applicable on the day of the order. For countries outside the European Union and for the French Overseas Departments and Territories, this price does not include customs duties, local taxes or import duties, which remain the responsibility of the Buyer and of which he may be aware by contacting the competent authorities of the country.
3.2 Delivery costs are indicated to the Buyer when the acknowledgement of receipt of the order form is sent (article 2 § 2.2). Any change in the VAT rate or delivery costs may be passed on to the price of the work(s). Except in the case of a special request from the Buyer justifying the right to benefit from special VAT rules, notably due to his justified geographical location, the French VAT applicable to online services will be due.
3.3 Proof of the final price of the order is recorded in the order form, recorded and this information is stored securely on ART JINGLE’s server. The price thus defined is firm and definitive.
3.4 After payment of the total price, ART JINGLE will provide the Buyer with an invoice.
3.5 The Buyer located outside of metropolitan France is invited to inquire about import duties or taxes that may be applicable in this case, and will assume responsibility for their declaration and payment.
ARTICLE 4 – PAYEMENT AND SECURITY OF TRANSACTION
4.1 Payment of the price must be made within 7 clear days of the acknowledgement of receipt referred to in Article 2.3 hereof.
4.2 The price of the order is payable by Bank Card (Visa/Mastercard). ART JINGLE has set up a secure payment system offered by its bank (BNPParibas).
ARTICLE 5 : RIGHT OF WITHDRAWAL
5.1 As from the delivery of the order, the Buyer has a period of 14 clear days to retract.
5.2 The Buyer will have to inform ART JINGLE of his will to retract by mail with acknowledgement of receipt within 14 clear days from the delivery date.
5.3 The delivered work(s) will have to be reshipped within three days from the retraction to ART JINGLE at the following address: ART JINGLE 31bis, rue des Tournelles 75003 PARIS France.
5.4 The buyer will have to prove the delivery date to be able to benefit from the withdrawal period.
5.5 The Buyer is obliged to organize the return of the work(s) at his own expense.
5.6 Upon receipt of the goods, and after verification of their good condition ART JINGLE will proceed to the reimbursement of the sums received for the returned goods, with the exception of the shipping and return costs.
ARTICLE 6 : Delivery
6.1 Delivery terms and deadlines
The Buyer has the option of collecting or having the item collected at the company’s premises, in which case there is no delivery. The work(s) is (are) delivered to the delivery address indicated by the Buyer when ordering. Delivery costs are payable by the buyer and are indicated to him/her when the acknowledgement of receipt of the reservation referred to in article 2§2.2 is sent. For non-bulky pieces up to and including 30 kg, the work must be dispatched within a maximum of 10 days from receipt of payment.
Above 30 kg and for bulky pieces, the work must be dispatched within 4 weeks of receipt of payment. In case of delay in shipment, an email will be sent to the Buyer informing him/her that as long as the product is not shipped, cancellation of the order is always possible. In this case, the applicable refund conditions are those applicable to the terms of withdrawal set out in Article 5 of the General Terms and Conditions of Sale.
Delivery times are indicated for information only and are not guaranteed by ART JINGLE. No liability action can be taken against ARTJINGLE in the case that the work(s) has been damaged during delivery.
The complaints on the apparent defects or on the nonconformity of the delivered product with the ordered product or with the dispatch note, must be formulated in writing by registered letter with acknowledgement of delivery in the 3 days of the delivery according to the methods enacted in articles 7 and 8 of the General Conditions of Sale.
The work(s) travel(s) at the risk and peril of the Buyer to whom it is incumbent in the event of damage or failure to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
ARTICLE 7 : RECEPTION
7.1 Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or about the non-conformity of the product delivered with the product ordered or the dispatch note must be made in writing within three days of delivery;
7.2 It is up to the Buyer to provide any justification as to the reality of the defects or anomalies observed. The Buyer must give ART JINGLE all facilities to proceed to the observation of these defects and to remedy them. He will refrain from intervening himself or a third party for this purpose.
ARTICLE 8 – RETOUR
8.1 Terms and Conditions
Any return of the product must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be held at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the purchaser. The Buyer is obliged to organise the return of the work(s) at his own expense. The returned goods must be accompanied by proof of the delivery date and must be in the condition in which the Seller delivered them. Returns must be sent to the following address: ARTJINGLE 31 bis, rue des Tournelles 75003 PARIS FRANCE;
Any return accepted by ART JINGLE will lead to the establishment of a credit note in favour of the purchaser, after qualitative and quantitative verification of the returned products; returns not complying with the above procedure will be sanctioned by the loss of the sums paid by the purchaser.
ARTICLE 9- DATA PROTECTION AND FREEDOM OF INFORMATION ACT – PERSONAL DATA
9.1 The information that is requested from the Buyer when registering his/her details is necessary for ART JINGLE to process his/her order.
9.2 In application of the law “Informatique et Liberté” of January 6, 1978 modified, the Buyer has the right to access and rectify any data concerning him/her with ART JINGLE. This right can be exercised by simple written request or email with AR addressed to ART JINGLE.
Registration number at the CNIL : 1449989
For any information from the CNIL: www.cnil.fr
ARTICLE 10 : INTELLECTUAL PROPERTY
All the elements of the ART JINGLE website are and remain its intellectual and exclusive property. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of ART JINGLE.
ARTICLE 11- APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The particular conditions and the general conditions of sale are interpreted in accordance with French law. The nullity of one of the present conditions does not entail the nullity of the general conditions of sale itself. In the event of a dispute, the French courts shall have jurisdiction.
ARTICLE 12 –SALE AND HANDING-OVER OF THE WORK DIRECTLY TO THE HEAD OFFICE OF THE COMPANY ART JINGLE
Should the Buyer decide, in agreement with the ART JINGLE Company, to go to its establishment located at 31 bis, rue des Tournelles 75003 PARIS in order to purchase the works, the sale will be declared complete without the possibility of retraction when the Buyer hands over the price of the said work and when ART JINGLE delivers an invoice mentioning the description of the work and its price including VAT. In such conditions, ART JINGLE is released from any responsibility and the provisions of the present general terms of sale are not opposable to it.