Termes and conditions of use

 

Preface

The association AS SERVICES, whose head office is located in Reims, registered with the Répertoire Nationale des Associations under the number W513004076, is the operator of www.pachir-art.com (hereafter the “Site”).

The present General Conditions of Use aim to govern the contractual relations between the buyers (hereinafter “Buyers”), the sellers (hereinafter “Sellers” or “Artists”), the partners (hereinafter “exhibition venues”) and PACHIR’ART via the site.

In order to use the Service, the Buyer must agree to be bound by these Buyer General Terms and Conditions of Use (hereinafter the “Buyer GTC”) without restriction or reservation. This acceptance is materialised by a validation click when placing the order.

Sales made through the Service between Buyers and Sellers are governed by the Service’s General Terms and Conditions of Sale (hereinafter the “GTCS”), which must also be accepted by the Buyer at the time of each purchase.

1- Purpose

The purpose of these Buyer Terms and Conditions is to define the conditions under which PACHIR’ART makes available to buyers, as part of the Service, technological tools used to purchase Products from Sellers.

2- Description of the Service

The Service consists of a set of tools allowing Buyers to register on the Site, to connect with Sellers in order to place orders for Products, to pay the price of the Products and to confirm receipt of the Products.

Transactions carried out via the Service for the purposes of purchasing Products are concluded directly between the Buyer and the Seller. PACHIR’ART is in no way a reseller of the Products offered by the Sellers through the Service.

However, in order to improve the quality of its services and to better select its partners, PACHIR’ART invites you to share with it any comments and suggestions that you may wish to make concerning the quality of the transactions carried out through the Service.

To this end, Pachir’art provides you with a contact form.

In the event of non-compliance with these Buyer Terms and Conditions, PACHIR’ART reserves the right to temporarily or permanently interrupt access to the Service for the Buyer concerned.

Each Buyer undertakes to conclude purchases in good faith.

3- Access to the Service

In addition to the acceptance of these Buyer Terms and Conditions, access to the Service is subject to the opening of an account on the Site. To do this, You must provide the data that allows You to be identified. When opening this account, You agree to provide only accurate information, and then to inform PACHIR’ART without delay of any change affecting it, using the contact form.

To use the Service, You must use the login and password created when You opened your account. You agree to keep them secret and not to disclose them to any third party. Indeed, You will be solely responsible for accessing the Service using your username and password, unless there is evidence of fraudulent use that is not attributable to You.

In case of loss, misappropriation or fraudulent use of your login and/or password, You agree to immediately notify PACHIR’ART using the contact form.

4- Price of The Service

Opening an account and using the Service is free of charge (except for any connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the GTC.

5- Personnal data

PACHIR’ART is committed to protecting the personal data of the users of the site. Our policy to protect your data is set out in our personal data protection charter.

6- Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on PACHIR’ART are strictly subject to copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised.

Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden.

Users, and especially buyers, undertake to make their best efforts to inform Pachir’Art of any infringement of intellectual property rights that they notice by e-mail: contact@pachir-art.com

7- Liability and guanrantees

Use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, or of translations of the Site into languages other than French, and in particular those relating to technical performance; to response times for consulting, querying or transferring information; and to the risks inherent in any connection and transmission on the Internet.

Consequently, in the absence of any failure on its part, PACHIR’ART cannot be held responsible for any damage suffered by a buyer, in particular and without this list being restrictive:

o operating or information losses resulting from any malfunctions, breakdowns, delays or interruptions in access to the Internet network

o the transmission and/or reception of any data and/or information on the Internet

o the consequences of any virus, computer bug, anomaly or technical failure

o the failure of any receiving equipment or communication lines

o the loss of any electronic mail and, more generally, the loss of any data

o any damage caused to the computer, PDA or smartphone etc. of an Internet user connecting to the Site

o any technical, hardware or software failure of any kind, which prevents or limits the possibility of using the Site or which damages the system of an Internet user connecting to the Site

o any failure or obvious error (in particular technical, hardware, software, price display, translation, etc.) of any kind, which prevents or limits the possibility of using the Site or which misleads an Internet user connecting to the Site

o indirect damage.

It is the responsibility of each user to take all appropriate measures in order to :

o protect their own data and/or software stored on the computer equipment they connect to the Site against any attack

o be able to assess whether there is an obvious error in the information displayed on the Site (by sending an email via the contact form) so that any useful verification can be carried out, in order to correct the erroneous information if necessary.

PACHIR’ART’s liability towards the Buyer may only be incurred for facts that are exclusively attributable to it and that cause it damage directly linked to these facts. It cannot be held liable for indirect damage. Neither can PACHIR’ART be held responsible for the misuse of the service by the Buyer or for any fault on his/her part. Nor shall it be held liable for any facts attributable to a third party to the Service.

By using the Site, the Buyer declares that he/she is fully aware of the characteristics and constraints of the Internet, that he/she is solely responsible for the information he/she provides in the context of his/her account on the Site and his/her relations with other users of the Service.

Furthermore, in accordance with article 6-I, 2 and 3 of the French law n° 2004-575 of 21 June 2004 for confidence in the digital economy, PACHIR’ART shall not be held responsible for the content made available on the site by the Buyers or Sellers, in particular with regard to the description of the Products, unless it does not promptly render them inaccessible after having been informed of their illegality under the conditions provided for by this law.

Finally, PACHIR’ART declines all responsibility with regard to sales concluded by the buyers through its Service with the Sellers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Products or to the delivery of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.

The Buyer is solely responsible for the use of the Service.

The Buyer undertakes, at first request, including in the event of a non-final court decision, to indemnify and hold harmless PACHIR’ART from any damage, loss, loss of profit, claim, liability and costs, including consultancy fees and costs, that PACHIR’ART may incur if it is held liable by a third party as a result of a claim or action related to the Buyer’s use of the Service.

The Buyers are informed that PACHIR’ART may communicate all information relating to them, including personal information, to the competent services responsible for the repression of frauds and offences.

8- Partial nullity

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

9- Duration and validity

The Buyer is subject to these Buyer’s GTC from the moment he/she arrives on the Site until the deletion of his/her account, whether or not he/she carries out transactions on the Site.

PACHIR’ART reserves the right to modify these Buyer Terms and Conditions at any time.

The modified Buyer’s GCU will be posted on the Site. The Buyer will be informed of the modifications by sending an email from PACHIR’ART to the email address indicated by the Buyer when registering for the Service.

The applicable Buyer’s GCU are those in force on the day the Buyer uses the Site’s services.

10- Applicable law

The present Buyer’s GCU are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.