General terms and conditions of sale
1- GTCS
The GCS are intended to set the rules of use for the Site by Internet Buyers.
The sales carried out through the Site between the Purchasers and Philippe FARES are governed by the GCS, which must also be accepted by the Purchaser at the time of each transaction and which are available at the address philippefares.fr.
2- Opposability of CGVS
Philippe FARES reserves the right to modify, at any time, the GCS to take into account any legal, functional or technical evolution which is necessary.
The GCS version which prevails is that which is accessible and downloadable on line on the Site at the day of the transaction on line (purchase of a work) and available at the address philippefares.fr.
Any use of the Site made by the purchaser after the publication of the modified GTCs constitutes acceptance by the latter of the said GTCs.
3- Obligations relating to the artworks
Philippe FARES guarantees the Purchaser that he is the only author of the Artworks he offers for sale.
on the Site.
Philippe FARES undertakes to offer on the Site only Artworks available for sale.
To announce without delay on the site, any offer relating to a Work which would not be available any more.
The descriptive sheet provided by Philippe FARES for each one of his Artworks includes at least 4 photographs of the Work (apart from the paintings which are illustrated by at least 1 image), a description of the Work and information relating in particular to its kind, its dimensions, its weight and its nature.
The Seller guarantees that the Artworks do not contravene in any way the laws, that they do not infringe the rights of third parties.
For this reason, Philippe FARES will provide a certificate of authenticity to the Purchaser, relating to the Work sold.
Philippe FARES also fixes the selling price of the Work heard T.T.C (Except expenses of delivery).
The Salesman guarantees the truthfulness of the qualitative and quantitative information relating to the Work as well as the nondeceptive character of the illustrations of the Work and commits himself so that they do not risk to mislead the potential Purchasers, as well on the characteristics as on the state of the Work.
4- Terms and conditions fort the sale of artworks on the site
When a Buyer wishes to acquire a Work, the Buyer informs the artist by an e-mail.
Philippe FARES commits himself within 72 hours as from the sending of the intention of purchase of a Purchaser to inform this last one of the availability of the Work and of his own availabilities to give the work to the conveyor proposed by the artist in agreement with the purchaser.
In the absence of a response within this 72-hour period, the sale is not concluded and will be cancelled.
If after 3 working days the Artist has not validated the order with the Purchaser by confirming receipt of the deposit payment, the order is cancelled and the work is then visible again on the Site and is available again.
If the Artist has, before the deadline of 3 working days, confirmed the receipt of the deposit payment, the sale is then considered as concluded under the terms of the General Terms and Conditions of Sale accepted by the Purchaser and Philippe FARES and accessible at philippefares.fr.
The Seller therefore undertakes to entrust the Work to the carrier designated to the Buyer under the conditions set forth in Article 8 below.
5- Sale price and terms of payment
It is agreed that the T.T.C. price paid by the Buyer is the price set by the Seller to which the delivery price calculated by the Artist may be added.
It is up to the Artist to set the sale price of the work.
The Artist offers the use of Stripe’s payment services via its Website philippefares.fr.
The Buyer will pay the Artist the balance of the sale price, i.e. less the deposit, no later than 3 days after the Seller has delivered the work to the Buyer via the chosen carrier or by bank transfer.
Philippe FARES expressly renounces to claim the benefit of the interests possibly produced by the temporary immobilization of the amounts perceived at the time of the transaction.
6- ARTWORKS DELIVERY.
For each work sold, the Artist and the Purchaser agree on the modes of delivery envisaged and the expenses of packing before the expenses are engaged.
Once the sale has been confirmed by the Artist, the Artist will send the Purchaser a photograph of the packaged Artwork so that the Purchaser can check the conformity of the packaging.
The Artist insures the Artwork during the entire period of transport.
The Artist is obliged to respect the obligations incumbent upon him/her with regard to meeting deadlines, guaranteeing quality packaging and the conformity of the Work delivered.
7- RIGHT OF WITHDRAWAL
According to the legal provisions in force, the Purchaser has a period of 14 days from receipt of the Work to exercise his right of withdrawal from the Seller without charge and without reasons.
The Purchaser exercises his right of withdrawal from the Artist by sending an email to the Artist.
The Artist will then deal with the Buyer’s request for retraction and will proceed to reimburse it within 14 days following the date on which the Artist was informed of the exercise of the Buyer’s right of retraction.
The refund will only concern the price of the Work paid by the Purchaser.
8- INTELLECTUAL PROPERTY
The copyright law applies to the Artworks of Philippe Fares that are offered for sale on the Site.
9- OBLIGATIONS OF THE ARTIST
The Artist is committed to delivering quality service to the Buyers.
As such, any Purchaser has the possibility to report a complaint concerning the Artworks.
In the event of a Buyer’s complaint concerning a Work, the Buyer will inform the Artist by email.
Disputes are settled directly between the Purchaser and the Artist, the dispute resulting from a breach of the obligations related to the sales contract between the Artist and the Purchaser.
The Artist will make his or her best efforts to resolve the dispute between him or her and the Purchaser amicably.
10- TECHNICAL SUPPORT OF THE SITE
You can reach us at XXXXX@XXXXXX.COM.
11- FORCE MAJEURE
Initially, cases of force majeure will suspend the execution of the general conditions of sale.
If the cases of force majeure last longer than two months, the present GCS will be automatically terminated, unless otherwise agreed by the parties.
Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals.
12- APPLICABLE LAW
These GTC are governed by French law.
The same applies to the substantive rules and the rules of form, despite the places of performance of the obligations arising from these GCS.
13- COMPETENT JURISDICTION
In the event of a complaint by one or more of the parties, they undertake to seek an amicable solution together before any litigation.
After prior written approach by the consumers towards the Artist, the mediator’s service can be contacted for any consumer dispute whose settlement would not have been successful.
In the event that no agreement or mediation is possible, the parties may refer the dispute between them to the competent courts. Unless otherwise provided by law, in the event of a dispute and in the absence of an amicable solution, express jurisdiction is attributed to the courts of Paris, despite multiple defendants or appeal in warranty, even for emergency proceedings or for protective proceedings, in summary proceedings or by petition.