TERMS & CONDITIONS
ARTICLE 1: Object
These "Terms & Conditions" are intended for the legal framework conditions for provision of website - www.faabgallery.com - services and their use by the "User".
• In case of non-acceptance of the terms and conditions set forth in this contract, the User must give up access services offered by the site.
ARTICLE 2: General conditions
The editing of the website - www.faabgallery.com - is provided by the FAAB Gallery SAS Company with a capital of € 1000 which is registered office is located at 78/80 Rue de Passy, 75116 Paris.
The Publishing Director is Mrs. Alexandra Cherion.
The web host is the www.faabgallery.com Company 1 & 1 Internet SARL FRANCE (Headquarters: 7 place de la Gare - 57200 SARREGUEMINES limited liability company with capital of 100,000 Euros, registered in the Trade and Companies Register. in SARREGUEMINES under no. 431 303 775)
ARTICLE 3: Definitions
This clause is intended to define the various essential terms of the contract:
• User: any person using the website or any of the services offered by the site.
• User Content: data transmitted by the user within the website.
• Member: User becomes a member when identified on the site.
• Username and Password: all the information needed to identify a user on the website. The username and password allow access to the user to services reserved for site members. The password is confidential.
ARTICLE 4: Service Description
The Service consists in a set of tools enabling Buyers, Artists, Galleries to register on the Site, to connect Galleries with Artists, and Artists with Galleries, settle the price of the Products and to confirm receipt of the Products.
Transactions made via the Service for purchase purposes of Products are concluded directly between the Purchaser and the Artist. FAAB Gallery is under no circumstances reseller of products offered by the artists through the Service. Thus, the products purchased through the Service may be not be returned or exchanged by FAAB Gallery.
However, in a constant effort to improve the quality of its services and to better select its partners FAAB Gallery invites the Buyer to submit all comments and suggestions on the quality of transactions through the Service that users may wish to bring to its attention.
This is why, Faab Gallery offers a contact form.
In case of non-compliance with these Buyer Terms, FAAB Gallery reserves the right to suspend temporarily or permanently access to the Service to the Buyer concerned.
Each Buyer shall conclude purchase in good faith.
ARTICLE 5: access to services
The site allows the User access to the following services:
• Free registration on the website
• Free consulting of information and catalog sheets of partner artists’ artworks
• Free consulting of information sheets of partner exhibitions and venues
• Free consulting of the events program
• Linking artists with exhibition places
• Linking Buyers with Sellers to purchase the artworks presented on the site
• Adjust the price of products through the site www.faabgallery.com
The site is free and accessible anywhere for any user with Internet access. All costs incurred by the User to access the service (hardware, software, internet, etc.) shall be at the User’s expense.
The non-member user has no access to Members-only services. To have access, he or she must identify by using his or her login and password.
The website uses all the means at its disposal to ensure quality access to its services. The requirement are means: the site does not undertake to achieve this result.
FAAB Gallery does not take responsibility for any event due to a case of major force resulting in a network or server failure.
Buyer must provide data for his or her identification. When opening the account, Buyer agrees to provide only accurate information, and to inform FAAB Gallery without delay of any changes affecting them, by using the contact form.
To use the Service, Buyer must use the username and password he or she created when opening the account. The Buyer shall undertake to keep it secret and won’t disclose it to any third party. Indeed, the Buyer shall be solely responsible for access to the Service through his or her username and password, unless there is evidence of fraudulent use which is not attributable to the Buyer.
In case of loss, misappropriation or unauthorized use of a username and/or password, Buyer agrees to immediately notify FAAB Gallery by using the contact form.
Access to the services of the site may at any time be subject to interruption, suspension, or change without notice for maintenance or for any other case. The user undertakes not to claim any compensation following the interruption, suspension or amendment of this Agreement.
The User may contact the Site by email to the following address: email@example.com
ARTICLE 6: Intellectual Property
The trademarks, logos, signs, and other content from the website are subject to protection by the Code of intellectual property and is, particularly, copyright-protected.
The User shall obtain the prior approval of the website for any reproduction, publication, copies of different content.
The User agrees to use the website content in a purely private setting. Use of content for commercial purposes is strictly prohibited.
Any content posted by the User is his or her sole responsibility. The User agrees not to upload content that may harm the interests of third parties. Any legal action initiated by a third party against the injured site will be supported by the User.
User Content can be at any time and for any reason removed or modified by the site. The user receives no justification or prior notification to the User Content suppression or modification.
ARTICLE 7: Personal data
The information requested for registration in the site is necessary and required for the creation of the User account. Particularly, the email address may be used by the site for the administration, management and running of the service.
The website ensures the User that the collecting and processing of personal information is treated in the respect of privacy in accordance with law No. 78-17 of January 6th, 1978 relating to data files and freedom rights. The site is declared to CNIL under the [1882440 v 0] number.
Under sections 39 and 40 of the law of January 6th 1978, the User has right of access, rectification, cancellation and opposition of their personal data. The User shall exercise this right via:
• personal space;
• a contact form;
• by email to firstname.lastname@example.org;
• by post at 78/80 Rue de Passy, 75116 Paris.
ARTICLE 8: Liability and major force
Use of the Website implies knowledge and acceptance of the characteristics and limitations of the Internet, translations into languages other than French, including the characteristics relating to technical performance; response time for consulting, questioning or transferring information; and the inherent risks in any connection and transmission on the Internet.
Consequently, in absence of failure on its part, FAAB Gallery cannot be held liable for any damage suffered by Purchaser, including, but not limited to the following:
- Operating or information loss, arising from any malfunction, failure, delay or interruption in access to the Internet;
- Transmission and / or reception of any data and / or information on the Internet;
- The consequences of any virus, computer bug, anomaly or technical failure;
- The failure of any receiving equipment or communication lines;
- The loss of any email and, more generally, the loss of any data;
- Any damage caused to the computer, PDA or smart phone etc. of an Internet user who connects to the website;
- Any technical, hardware or software failure of any kind that prevents or limits the possibility of using the Site or having damaged the system of a user who connects to the Site;
- Any failure or manifest error (including technical, hardware, software, price display, translation etc ... of any kind that prevents or limits the possibility of using the Site or having misled a user who logs into the Site;
- Indirect damages.
It belongs to every Internet user to take all appropriate measures to: (i) protect his or her own data and / or software stored on computer equipment that connects to the Site against any attack (ii) be able to assess whether it is in the presence of a manifest error of the information displayed on the Site (by sending an email via the contact form) so that all relevant mistake may be verified, if necessary to correct misinformation.
The GALLERY FAAB’s responsibility to the Buyer can only be initiated for acts that would exclusively be attributable to it and would cause it harm directly linked to these facts. It can not be held liable for indirect damages. FAAB GALLERY’s responsibility cannot either be held due to the misuse of the service by the Buyer or any fault of his or her own. It can no more be held liable for acts attributable to a third party service.
By using the Site, the Purchaser declares that he or she is fully informed of the characteristics and constraints of the Internet, he or she is solely responsible for the information he or she gives through his or her account on the site and his or her relationship with other users of the Service.
In addition, pursuant to Article 6-I, 2 and 3 of Act No. 2004-575 of June 21th 2004 on confidence in the digital economy, FAAB GALLERY cannot be held liable in respect of content made available on the Site by the Buyers or Sellers, especially regarding the description of the products unless it did not make them inaccessible promptly after being informed of their illegality as provided by this law.
Finally, FAAB GALLERY declines any responsibility regarding the sales concluded by Buyers with the Artists through the Service, to which the sales remain foreign. Any complaint relating to comments on the description of the products or deliveries of products will be redirected to the designated Seller, which will assume full and sole responsibility in this regard.
Buyer is solely responsible for his or her use of the Service.
Buyer agrees, on first demand and even in the event of non-final judgment, to indemnify and compensate GALLERY FAAB for any damage, loss, lost profits, claims, liabilities and expenses including the fees and expenses of GALLERY FAAB advice that should be brought to bear if its responsibility was engaged by a third party because of a claim or action related to the use of the Service by the Buyer.
Buyers are advised that FAAB GALLERY can communicate all information related to them, including personal and the competent services responsible for preventing fraud and offenses.
ARTICLE 9: Delivery
How to know if the commissioned artwork is available?
When you submit your order on the site after entering your payment details, we check the availability of the work with the artist. If the work is available, the order is confirmed and you will be debited. Otherwise, the order is canceled and you are not charged. The art gallery has 3 working days to validate or invalidate an order. You will then receive an email from Faab Gallery to keep you informed.
Who takes care of the delivery of the artwork?
Once the Artist validates the availability of the work, the artist instantly receives the details of the buyer and thus wraps, packs and deposits the work to an authorized carrier to deliver works of art. You will then receive an email from Faab Gallery indicating the name of the carrier, the parcel number and the approximate date of delivery.
What are the delivery deadlines?
Delivery times depend on the number of days needed for the Artist to make the work available to a carrier. The artist states the number of days for each work. So when you place an order on the website, you always know in how many days the artwork will be delivered (delivery = number of days needed for the Artist to confirm the availability of the work and to put the work available to the carrier + transport time (2-7 business days)). You will be notified by email when the artist's work will be brought to a carrier. The name of the carrier, the parcel number and approximate date of delivery will be provided.
How much are the delivery charges?
Shipping fees are the buyer’s responsibility and are calculated with a fee schedule that evolves according to the dimensions and weight of the artwork and the country of delivery.
The delivery charges will be added to the price of the artwork when you validate your shopping cart by entering your shipping address.
To estimate your delivery costs, you simply place the product or products in your basket and enter a country of delivery.
Am I protected if there are problems related to delivery?
Every buyer has the option to send an email to Faab Gallery at email@example.com, within 21 days of receipt of any work, reporting any complaint regarding works commissioned, following the criteria:
- Product not received: the product has not been approved by the buyer.
- Product does not conform: the product received does not match the product ordered.
- Damaged product: the product received is damaged or broken.
If the buyer complains about an artwork and once Faab Gallery sends an email to the seller to inform the complaint, the seller is personally responsible for the resolution of the dispute with the buyer. Disputes are settled directly between the buyer and seller. The seller will do its best to solve the dispute between the buyer amicably.
Depending on the case, dispute will result either in returning the work commissioned or refund.
If the buyer sends the work back to the seller, the seller will refund the price of the work, the cost of packing, the shipping and any return charges.
ARTICLE 10: Hyperlinks
Many outgoing links are present on the website; however, the web pages where these links lead do not engage the responsibility FAAB Gallery which has no control over these links.
The User is therefore forbidden to take the site responsible for the content and resources related to these outbound links.
If one or more provisions of these Buyer “TERM and CONDITIONS” are held to be invalid or declared as such under any law, regulation or a final decision of a competent court, other provisions shall remain in full force and in their reach.
ARTICLE 13: Contract Changes
The website reserves the right at any time to modify the terms stipulated in this contract.
ARTICLE 13: Duration
The duration of this contract is indefinite. The contract takes effect with respect to the User from using the service.
ARTICLE 14: Applicable law and jurisdiction
French law applies to this contract. If no amicable resolution of a dispute arises between the parties, only the courts of the city of Paris are competent.