GTCS

GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
(06-24-2020 version)

  1. INTRODUCTION

    This website is owned and operated by Denise Crolle-Terzaghi.

    Denise Crolle-Terzaghi company is registered in France.
    Denise Crolle-Terzaghi ‘s status is Artist/Author registered at La Maison des artistes (MDA).

    Head office:
    2 rue des champs sur l’eau 90330 CHAUX – France

    Siret number: 319047841 00022
    VAT number: FR1231904047841

  2. GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

    1. The General Terms and Conditions of Sale determine the rights and obligations of the parties regarding the online sale of original works from Denise Crolle-Terzaghi offered by the website www.crolle-terzaghi.com
    2. The General Terms and Conditions of Sale are applicable to sales concluded online via the website www.crolle-terzaghi.com represented by Artist Denise Crolle-Terzaghi and her Consumer Customers.
    3. Any order placed on the www.crolle-terzaghi.com website implies the unconditional acceptance of these General Terms and Conditions of Sale.
    4. The General Terms and Conditions of Sale may be modified periodically and apply to any sale made after publication on the website www.crolle-terzaghi.com.
    5. The applicable General Terms and Conditions of Sale are those in force on the date of payment of the order.
    6. The Customer declares to be at least 18 years of age and to be able to contract legally under French law or to hold a parental authorization allowing him/her to place an order on the Site.
    7. Any firm order accepted by the Artist implies the Client’s unreserved acceptance of these General Terms and Conditions of Sale.
    8. In the absence of proof to the contrary, the information recorded by the Artist constitutes proof of all transactions.

  3. ARTWORKS SOLD

    1. All the artworks on sale on the website www.crolle-terzaghi.com are original artworks by the Artist Denise Crolle-Terzaghi, registered at La Maison des Artistes. This status opens a right of tax deduction (under conditions) for companies buying an original artwork from living artists (https://www.service-public.fr/professionnels-entreprises/vosdroits/F32914).
    2. All texts, images and descriptions on the website www.crolle-terzaghi.com have been produced with the greatest care. However, these elements are only indicative and may under no circumstances become contractual data.
    3. The prices of the artworks sold are indicated in Euros (€), all taxes included (VAT), excluding specific shipping costs. The total cost of your order is the price of the artworks ordered plus delivery costs.
    4. Outside the EEC, exports of artworks are exempt from VAT.
    5. Delivery costs depend on the weight, volume, type of packaging of the artwork sold and the country of destination. The VAT included in the indicated price is 20% for parcels and 0% for letters.
    6. The Artist reserves the right to modify her prices at any time in the future.
    7. The delivery costs must be paid by the customer.

  4. ORDERS AND DEADLINES

    1. The Artist reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem concerning the order received, an abnormal order or a foreseeable problem concerning the delivery to be made. In this case, the Artist undertakes to immediately inform the Client by all means at her disposal.
    2. The order is processed as soon as possible (3 to 5 working days) upon receipt of payment for artworks in stock.
    3. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the Artist’s jurisdiction. They will be the responsibility of the Client and are his responsibility (declarations, payment to the competent authorities, etc.). The Artist therefore invites the Client to inquire about these aspects with the corresponding local authorities.
    4. Any order placed on an account in another currency will be charged at the current exchange rate as converted by your bank, as well as any exchange fees/commissions of your bank that are in accordance with the policies described by your bank. If you are not sure of what will be charged in your local currency, please contact your bank for details before ordering.
    5. The acceptance of the order and the conclusion of the contract between the Client and the Artist Denise Crolle-Terzaghi will take place when the artworks you have ordered are shipped, unless you have been notified that your order has not been accepted or if you have cancelled it. The non-acceptance of an order may result from one of the following reasons:
      1. The artwork you ordered is no longer in stock.
      2. The inability of the Artist to obtain approval for your payment.
      3. Identification of an error in the price or description of the work.
      4. You do not meet with the basis of payment of the General Terms and Conditions od Sale.
      5. In the event of a problem with your order, the Artist undertakes to inform you immediately by all means at her disposal.
    6. As long as they have not found buyers, all the artworks presented on the website can be exhibited at fairs or art markets. If an order was received by the Artist during such an event and it turned out that the ordered artwork had just been sold, the Artist would immediately contact the Client to inform him/her of this, refund him/her by return and offer other artworks in the same spirit if she has them in stock.
    7. When ordering, the Customer agrees to provide the information requested and undertakes to ensure that it is true: first and last name, address, country, telephone number, e-mail address + Registered company number (Siren) and VAT number for French and CEE companies).

  5. PAYMENT

    1. Transactions by credit card with Stripe,PayPal or SumUp offer and ensure a totally secure means of payment. The page for entering your banking information (card number, expiry date and cryptogram) is encrypted (SSL technology, Secure Socket Layer). Your bank details cannot be intercepted.
    2. When paying by credit card, the Customer guarantees that he is fully entitled to use the said card and has sufficient funds to cover all the costs necessary to pay for the order.
    3. In accordance with the law of 13 March 2000 on electronic signatures and the law on trust for the digital economy of 21 June 2004, any order validated by a “double click” by the Customer constitutes irrevocable acceptance of these General Terms and Conditions of Sale (GTCS), just like a handwritten signature, and cannot be questioned.

  6. RETENTION OF TITLE CLAUSE

    1. The artworks remain the property of the Artist Denise Crolle-Terzaghi until full payment of the order.

  7. TERMS OF DELIVERY

    1. The artworks are sent to the delivery address that was indicated when the order was placed within the time period announced.
    2. In the event of late delivery, the Customer has the option of cancelling the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Artist will then proceed to reimburse the artwork and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code.
    3. The Artist reminds the Client that when he takes physical possession of the works he has commissioned, the risks of loss or damage to them are transferred to him.
    4. The Artist is not responsible for transport. Orders travel at the Client’s risk. It is the Client’s responsibility to notify the carrier of any reservations about the package on delivery.

  8. WITHDRAWAL PERIODS

    1. In accordance with article L.121-21 (law of 17 March 2014 of the Consumer Code), the Consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, if necessary, of the return costs.
    2. The period runs from the date of the order.
    3. The right of withdrawal can be exercised by contacting the Artist via the contact page. If the right of withdrawal is exercised within the indicated period, only the price of the artwork(s) purchased and the shipping costs will be refunded. The costs of returning the works remain the responsibility of the Client.
    4. In the event of failure to comply with the above provisions (no return of the artwork(s) or artworks that have been damaged), the Artist will not proceed to any refund.

  9. CANCELLATION AND ARTWORK RETURN

    1. If you wish to cancel an order, you may do so by contacting the Artist immediately. If the order has already been dispatched at the time of your cancellation request, the Artist asks that you return the artwork to her once it has been delivered, at your own cost using a traceable method at your own discretion. The Artist cannot be responsible for any artworks sent back to her that do not arrive.
    2. The return of the purchased artworks must be made in their original state and must be complete (packaging, protective cover…) so that these artworks can be resold as new. If possible, they must be accompanied by a copy of the proof of purchase.

  10. CLAIM

    1. Where applicable the Client may submit any complaints by contacting the Artist.

  11. INTELLECTUAL PROPERTY RIGHTS

    1. The acquisition of an artwork (original creation of the Artist Denise Crolle-Terzaghi) does not give any right of representation, distribution or reproduction to the Customer.
    2. Only the Artist Denise Crolle-Terzaghi keeps her right on her creations.
    3. Any use of a photo of Denise Crolle-Terzaghi’s creations will be subject to a request for permission.
    4. Trademarks, domain names, artworks, software, images, videos, texts or more generally any information, object of intellectual property rights are and remain the exclusive property of the Artist. No transfer of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification or use of these original creations for any reason whatsoever is strictly prohibited.

  12. COMPETENT JURISDICTION

    1. Any dispute concerning the validity, interpretation or execution of the present General Terms and Conditions of Sale (GCS) must be submitted to the Court of Belfort.