GENERAL TERMS AND CONDITIONS OF SALE – GALERIE CAPAZZA
The present general terms of sale define the conditions to which are submitted all our sales of works of art and books presented on our www.capazza-galerie.com website. The fact of confirming your order according to the modalities methods below defined is worth full and whole acceptance of the present general terms of sale.
Order of one or several work of art or books
Select the work of art or the wished book and "click" on the button " buy this art work / buy this book ". Having filled the request form of estimate, you receive on your mail box, as soon as possible, an estimate with personalized links which will allow you to pay your on-line order.
The price mentionned on the www.capazza-galerie.com website at the moment of the order is the one which will be confirmed during the payment, except in cases of force majeure.
The cases of force majeure cancelling given price onto the website are defined by :
- Involuntary typing error entailing a sale below cost for the Gallery Capazza
- IT problem revealing an erroneous price
In this case, the Gallery Capazza makes a commitment to contact the customer to explain the problem and ask for a preliminary agreement for an invoicing at a different price from the one appearing on the website at the moment of the order. The customer will have the choice to confirm his agreement or to cancel the order.
The payment of the order
Purchases can be paid :
- by credit card (Eurocard-Mastercard, Visa, Blue card) via the Sherlock's secured payment server of the LCL bank on which you will be able to enter with complete confidentiality your account ID (double secured system by 3D Secure),
- by check or
- by bank transfer.
For certain works of art, only the payment by bank transfer will be authorized, you will have in this case only a single link in your e-mail of estimate.
The total price indicated on your order form in Euros includes the price of the work of art, its packaging, taxes and its delivery. The customer is always informed, before the definitive recording of his order, of the delivery costs, taxes and customs linked to his order, the payment of which is included in the total amount of the purchase asked to the customer (including the price of the work of art or the work of art price plus the delivery cost).
Then, the agreement of payment of order confirmation by the customer implies that the latter agrees to pay the costs of delivery included in the indicated price relative. The expenses of delivery cannot thus constitute a valid reason of questioning the order after its definitive recording.
Payment default
In case of non-payment, in particular because of the refusal by the bank to honor the transaction or because of an opposition closed by the customer on the transaction, and this before or after the conclusion of the transaction, SAS Galerie Capazza will be able to cancel the sale in its own right without notice nor deadline and will be able, if need be, to require, at the expense of the client, the return of the work of art.
For the application of the present paragraph, of course the accepted cases of opposition will be the same that those recognized by the issuing credit institution of the credit card or the credit.
Data confidentiality
We guarantee the confidentiality of the information you transmit us. By the confirmation of your order you authorize us to reveal elements necessary to it processing for our suppliers, partners, and other public or private organizations, the intervention of which is required for our complete order service, secure transaction, packaging, transport, insurance and delivery of the works of art.
During the confirmation of your order you become member of the Gallery Capazza and authorize us to use your address and phone number ( physical and electronic address) to communicate you the events and the activity of the gallery. You can modify these data or ask for their withdrawal of our databases on simple request according to the law n°78-17du from January, 6th, 1978 (Informatique et libertés).
The security and the confidentiality of your account ID are guaranteed by Sherlock's secure payment of LCL.
Delivery
The Gallery Capazza organizes the art work delivery to the address given during the order for an average deadline of 7 days in France (the deadline maybe appreciably lengthened in August), exceeding only very rarely 15 days abroad (according to the address of departure and the destination of the work). The delivery order must be signed by the very buyer, this one serving as proof in case of complaint of the buyer. The buyer is responsible to inform the carrier of any reserve (damages …) on the contents of the delivery or for informing the Gallery Capazza about it by e-mail within 3 days after reception.
You can also during the command opt for two other solutions of delivery by specifying us your request by e-mail at the address contact@capazza-galerie.com :
- Use your own carrier. You have in this case to warn us of the day and the hour of work of art removal and to schedule this removal according to our availability.
- Come and pick up the work or art at the gallery according to opening hours to the public or by booking an appointment by telephone in 00 33 ( 2 ) 48 51 80 22.
Invoice and certificate of value
A confirmation of your order will be sent to you after validation of your banking data by the bank or after reception of your payment by check or bank transfer. An invoice and a certificate of value will be joined to the delivery of the work(s) of art, an invoice will be joined for the delivery of books. You can contact the Gallery Capazza at contact@capazza-galerie.com to obtain additional copies.
Conformity of the order
The delivery slip will prove its contents. All the works of art are sold on the website with a detailed description, mentioning, among others, the medium, the number of reproduction, the origin of the work and quite different specific known element in every work.
Please note: according to the quality of computer screen, the aspect of the work on the photography can seem slightly different from the reality.
Cancellation period
During a deadline of 7 working days from the date of delivery of your command, you have the possibility to contact us (by e-mail at contact@capazza-galerie.com) to return the intact workof art in its original packing by stipulating the motive for the request.
The Gallery Capazza will suggest you exchanging your work or will pay off the amount of your order (less the delivery charges) and will indicate you the modalitiesof return.
This arrangement is in accordance with the article L. 121-16 of the Code of the Consumption. Postal charge and relative risks on the return to a work are chargeable to the customer.
Rights on the work and property
From the delivery of the work of art, the risks brought back to the work of art are transferred to the buyer. The rights attached to the work are transferred to him only in total payment of the work to the Gallery Capazza. The artist at the origin of the work of art is always the holder of the copyright of his creation. The author and the Gallery
Capazza are granted to be jointly holders of the rights of representation and reproduction. The rights of the buyer on the work are limited to a right of private user.
Commitment of the Galerie Capazza
Main of our works of art are unique pieces.
The website www.galerie-capazza.com is regularly updated, but some works of arts may be sold simultaneously at the Gallery.
In case of unavailability of an ordered works of art, the SAS Galerie Capazza undertakes to inform the customer as soon as possible by email.
The customer will have the possibility to replace the purchased work of art by another chosen on the website www.galerie-capazza.com for the same price, or to cancel its purchase and to be refunded within 7 days following the payment.
For the multiples (photos, bronze, engravings), the print number mentioned on the website may be unavailable, the Galerie Capazza commits to do everything possible to provide the customer with another as soon as possible.
The Gallery Capazza makes a commitment to meet its commitments concerning the orders and the delivery of the works of art such as stipulated by the present terms of sales. The gallery will not, by no means, be held responsible or considered as having committed a fault during the treatment of your file for a delay, or a non-fulfillment even partial of its commitment resulting from a case of absolute necessity (according to the article 1148 of the Civil code, such as interpreted by the French jurisprudence) or because of the non-fulfillment of an act by one of its partners or suppliers.
The Gallery Capazza excludes any explicit or implicit guarantee on the quality, the performances of the website and the possibility of realizing transactions there. Thus the Gallery Capazza cannot be kept responsible of any damage or complaint because of the impossibility to reach the website, of its functioning, the interruption of a session of sale on offer or a transaction, the delay of transmission of e-mails, the presentation of a work, a failure of the Gallery Capazza or of a seller.
As any web site, the Capazza Galerie cannot guarantee that the site will be reliable, interrupted, without error and without virus. The Gallery Capazza can be held responsible thus on no account for damages of all kinds which could result directly or indirectly from the use of the site. Its responsibility to users or third parties is limited in any case to 100 Euros.
Applicable law
The Contract is governed by the French law. Any dispute arisen from the formation, from the interpretation or from the execution of the Contract will be submitted to the exclusive competence of the Commercial courts of the region. Our services are opened to the people having the legal capacity to contract by virtue of the applicable law. In particular the under-age children are not authorized to have access to our services of on-line sale. Only the French text of the present terms of sales will be valid.
The translations in other languages are only informative. If an arrangement of the present is considered worthless by a competent jurisdiction, this nullity will not affect the other measures which will keep all their effects. The fact of not exercising a law recognized by the present could not be worth renunciation of this one.
You cannot sell or transfer these general conditions or any access right to the site.
Contact the Galerie Capazza
La Galerie Capazza is a SAS, capital de 20 000 €
SIRET : 501 346B779 000 17
TVA intracommunautaire : FR 59 501 346 779
SAS Galerie Capazza
1, rue des Faubourgs
18330 Nançay
France
Website : www.capazza-galerie.com
E-mail : [[contact]]