General terms and conditions of sale

Preamble

These General Terms and Conditions of Sale (hereinafter the " GTCS ") apply in addition to the GTCS (in which the capitalized terms used in the GTCS are defined) as far as Buyers are concerned and to the confidential contract between them and IXIART as far as Sellers are concerned.

The GTC apply to all sales of Works made through the online sales service between the Seller and the Buyer. They are intended to govern the relationship between Sellers and Buyers of Works, to the exclusion of those between Buyers and IXIART or between Sellers and IXIART. The relationship between Buyers and IXIART is governed by the GTC. The relationship between Sellers and IXIART is governed by a confidential contract between them.

During the sale of the Works, IXIART only acts as an intermediary between the Seller and the Buyer, so that the sale of the Works is concluded directly between the Buyer and the Seller. Consequently, the conditions of return, exchange or refund of the Works will be determined between the Seller and the Buyer and are not binding on IXIART.

The GTC were updated on June 15, 2022. IXIART reserves the right to modify the GTC at any time. Any modification will take effect immediately for the Works online as soon as they are posted on the Site. The GTC applicable to the Intermediation Services are those in force on the day of their use. The Buyer and the Seller will be informed of the new Terms and Conditions by sending an email from IXIART to the email address indicated by the Buyer and the Seller at the time of their respective registration to the Intermediation Service. Therefore, it is necessary that the Buyer and the Seller review these terms and conditions before each sale made through the online sales service.

The term "Work" is used in the singular in the GTC in order to facilitate the discussion. Where applicable, this term is understood in the plural when the sale involves several Works.

1- Conclusion of the sales contract between the Buyer and the Seller

1.1) The Works are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.

1.2) The Buyer selects the Work he/she wishes to purchase.

1.3) He/she confirms his/her choice of Work, takes note of and accepts the GTC. This acceptance is materialized by checking and validating the validation message. He chooses his method of payment between payment by credit card or by bank transfer to the account of IXIART. If he/she chooses payment by credit card, he/she immediately proceeds to payment by following the instructions mentioned on the Site. If he/she chooses payment by bank transfer, he/she waits for confirmation of the availability of the Work and then proceeds with this operation as quickly as possible so that the payment is effectively received within 5 working days from this confirmation on the bank account of IXIART.

1.4) The Buyer receives an email confirming that his/her order has been taken into account. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutive condition that the Work is available and that the transfer has been received by IXIART if the Buyer has chosen this payment method.

1.5) The Seller is informed by IXIART that a Work it has put online has been ordered.

1.6) The Seller undertakes to confirm or deny the availability of the Work ordered by the Buyer within a period of 5 days following the information referred to in point 5). In the event that the same Work is ordered by several Purchasers at the same time, and depending on the availability of this Work (single Work), it will only be sold to the first Purchaser to place an order. The order will then be cancelled for the other Buyers of the Work.

1.7) Once the availability of the Work has been confirmed or denied by the Seller, an email is sent by IXIART to the Buyer to inform him/her of the availability or not of the Work ordered.

1.8) In the event of confirmation of the availability of the Work by the Seller, the resolutive condition attached to the sales contract concluded between the Buyer and the Seller is lifted. The Buyer hereby undertakes to pay for the Work by bank transfer if he has chosen this method of payment. The Seller undertakes to deliver the Work or to make it available at the point of sale, within the period indicated on the Work's description, once IXIART has confirmed receipt of the transfer.

In the absence of confirmation of the availability of the Work within the period referred to in point 6), or of non-receipt of the transfer by IXIART within 5 working days from the date of validation of the availability of the Work by the Seller and if the Buyer has chosen this method of payment, the contract concluded between the Buyer and the Seller is automatically terminated and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the contract for the sale of the unavailable Work is affected by this termination.

1-9) In the event of confirmation of the availability of the Work ordered by the Buyer and confirmation of the receipt of the transfer by IXIART, if the Buyer has chosen this method of payment, the said Work will be sent by the Seller or collected by the Buyer in accordance with the terms and conditions set out in Article 4.

2- Prices and payment

The purchase price of the Work is set by the Seller. It is mentioned in euros, including VAT, on the description of the Work, but excluding delivery costs, the latter being specified during the validation of the shopping basket. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are entirely his own, both in terms of declarations and payments to the competent authorities and/or organisations. It is up to the Buyer to obtain information from the competent authorities.

Payment for purchases made through the online sales service can be made by credit card or bank transfer to IXIART, which collects the corresponding amount in the name and on behalf of the Seller.

When the payment of purchases made through the Intermediation Service is made by credit card to IXIART, the Buyer will be debited with the price of the Work purchased plus delivery costs only when the Seller has validated the availability of said Work.

If the Work is unavailable, the Buyer will not be charged and his/her payment will be cancelled.

In case of availability validated by the Seller, the Buyer will be debited with a delay of 5 sliding days from the moment he validated his order.

When the payment of purchases made through the online sales service is made by transfer to the account of IXIART, the transfer must be made within 5 working days from the date of validation of availability of the Work by the Seller.

3- Payment security

Transactions made on the Site are entrusted to a secure online payment platform so that no one can use the bank details of another person without their knowledge. IXIART has chosen to entrust its secure online payment platform to ....................

IXIART has no access to confidential information relating to the payment method used by the Buyer during payment.

Although IXIART uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. IXIART is not liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

4- Method and cost of shipment or collection from the Seller

4.1 Dispatch by the Seller to the Buyer's address

The Purchaser has the option of having the Work delivered to his/her home by notifying us when placing the order. The Work is delivered to the address provided by the Buyer when placing the order. In this case, the Seller, provided that it has validated the availability of the Work and that IXIART has notified it of the receipt of payment, will pack the Work and make it available to a carrier. The shipping costs will be accepted by the Buyer at the time of the validation of his shopping cart.

Depending on the delivery address of the Buyer, different tax rules and other charges may apply. If the Buyer has Works shipped outside of his territory, he may be required to pay import duties upon receipt of his Works. IXIART cannot control these fees and cannot predict their amount. The Buyer will be responsible for the payment of these taxes and customs duties not included.

The Buyer must inquire about this before placing an order.

The Seller undertakes to make the Work ordered available to the carrier within the time period indicated on the Work's description, starting from the date of confirmation of the availability of the Work ordered (or the date of receipt of the transfer if the Purchaser has selected this method of payment); the Seller thereby making a firm commitment to make the Work available to a carrier within the time period indicated on the Work's description. The Works are delivered to the address indicated by the Purchaser when placing the order and must be delivered no later than 7 working days after confirmation of the availability of the Work to the carrier by the Seller, the timeframe being able to vary according to the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he/she communicates to IXIART for this purpose is and remains correct and that it will allow him/her to receive the Works he/she purchases on the Site.

In the case of delivery by a specialized carrier, the Seller undertakes to transmit to IXIART, which will then transmit them to the Buyer, the name of the carrier who has taken charge of the transport of the Work to the Buyer as well as the package number, in order to allow the Buyer to follow the status of his order on the carrier's website, provided that the latter offers a package tracking service.

In this context, the Work travels at the Seller's risk.

In the case of a DHL Express delivery, IXIART will send the Buyer the parcel number as well as the link to the DHL Express website to track the parcel. In this context, the Works travel at IXIART's risk.

4.2 Collection from the Seller by the Buyer

The Purchaser may also collect the Work ordered on the Site directly from the Gallery located at 10 Port Saint Sauveur.

For each Work, the Purchaser indicates the delivery method (shipping or collection from the Gallery) that he/she chooses during the order validation process on the Site.

In the case of collection from the gallery, the Buyer will not be required to pay the delivery costs.

Once the Buyer has placed his/her order and subject to the effective availability of the Work and the correct receipt of the transfer by IXIART (if the Buyer has chosen this method of payment), the Seller will make the Work ordered available to the Buyer within the time period indicated on the Work's description.

The Seller will specify on its space to the Buyer that the Work is available at the Seller's home or point of sale. The Buyer will then receive an email from IXIART to inform him/her.

The Buyer has a period of 15 sliding days from receipt of the e-mail referred to above to collect the Work from the address indicated by the Seller.

The Seller, provided only that IXIART has confirmed receipt of the full payment, will hand over the Work together with the invoice and certificate of authenticity to the Buyer after ascertaining the Buyer's identity.

5- Right of withdrawal

In accordance with the legal provisions in force, in the case of a purchase made from a Seller established in the European Economic Area, the Buyer, if he/she is a national of this zone, has a period of 14 sliding days from the date of receipt of the Work ordered to exercise his/her right of withdrawal from the said Seller, without having to justify his/her reasons or pay any penalty.

For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not a citizen of this area, this right of withdrawal is not applicable.

In any case, the right of withdrawal is not applicable in all cases where the Work has been personalised for the benefit of the Purchaser.

The Buyer exercises his right of withdrawal directly with IXIART by sending an email to contact@ixiartgallery.com. IXIART will then notify the Seller by email. The Seller will then deal with the withdrawal requested by the Buyer personally. The elements relating to the withdrawal are settled directly between the Buyer and the Seller who will do their best to ensure that the Buyer can exercise this right in accordance with the regulations in force.

If the right of withdrawal is exercised within the above-mentioned period, only the price of the Work purchased will be reimbursed by the Seller through IXIART, the shipping and return costs remaining at the Buyer's expense.

The Work must be returned in perfect condition, in its original packaging and sent in the same conditions as it was sent.

6- Litigation - Disputes

In general, the Seller undertakes to provide a quality service to Buyers.

In this respect, any Buyer has the possibility of notifying IXIART by sending an email to contact@ixiartgallery.com, within 14 days from the receipt of any Work, of any complaint concerning the Works ordered, according to the following criteria

- Work not received: the Work has not been received by the Buyer.

- Non-conforming work: the work received does not correspond to the work ordered.

- Damaged work: the work received is damaged or broken.

In the event of a complaint by a Buyer concerning a Work, once the Seller is informed of the said complaint by the sending of an email from IXIART, the Seller is personally responsible for the resolution of the dispute with the Buyer. Disputes shall be settled directly between the Buyer and the Seller. The Seller shall use its best efforts to resolve the dispute with the Buyer amicably.

Depending on the case, the declared dispute will give rise either to the return of the Work ordered and the reimbursement of the Buyer by the Seller or to the partial or total reimbursement of the Buyer only.

If the Buyer returns the Work, the Seller will reimburse the Buyer for the price of the Work. The Seller will organise the return of the Work and will bear the costs of sending and returning the Work.

7- Personal data

The Buyer and the Seller are informed that all data collected within the framework of the Intermediation Service when placing orders are processed by IXIART for the purpose of processing said orders.

The information and data of the Buyers relating to the delivery are transmitted by IXIART to the Sellers for the sole purpose of enabling them to send the ordered Works. It may not be used for any other purpose.

Each Seller only has access to the personal data provided by the Buyers of the Work to IXIART when ordering.

The Sellers undertake to ensure the security of the personal data they keep for the purposes of carrying out and monitoring orders. IXIART cannot be held responsible in this regard. The cost of returning the goods is the responsibility of the Buyer.

In the event of any difficulties regarding the processing of this data, the Buyer and the Seller may contact IXIART directly at contact@ixiartgallery.com.

8- Partial nullity

If one or more of the provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain all their force and scope.

9- Applicable law

The GTC are subject to French law. In the event of a dispute regarding their interpretation and/or execution, the Buyer, the Seller and IXIART will make their best efforts to find an amicable solution. In the absence of an amicable agreement within 30 days of notification of the dispute to one of the other parties, the French courts will have jurisdiction.