Terms and conditions of online sales
The present General Conditions of Sale (the “GCS”) are binding on Atelier Michael Woolworth. Company with its head office at 2 rue de la Roquette 75011 Paris, registered at the RCS of PARIS under the number 334 212 552, – Tel: +33 1 40 21 03 41 – email: email@example.com, (the “Seller”).
The Seller’s activity is the printing, exhibition and sale of contemporary artworks (originals and editions) as well as the sale of articles (notably literary) related to the art world.
The Seller markets the above-mentioned goods through the website https://www.michaelwoolworth.com/shop/ (the “Site”). The list of goods offered for sale online by the Seller can be consulted on the Site.
Customers (the “Customer(s)”) may be both consumers (the “Consumer Customer”) and professionals (the “Professional Customer”) within the meaning of the preliminary article of the Consumer Code.
The parties agree that their relationship shall be governed exclusively by the GTC.
The Seller reserves the right to modify at any time the GTC by publishing a new version on the Site. The applicable GTC are those in force at the date of validation of the Customer’s order.
The photographs of the goods for sale on the Site have no contractual value.
Article 1 - Definitions
1.1. The terms and expressions referred to below shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
“Item”: the Good(s) that are the subject of the Order;
“Good”: any product offered for sale on the Site;
“Order”: the request for Goods made by the Customer to the Seller with a view to their purchase;
“Delivery Time” means the period of time between the date of Order Confirmation and the date of delivery of the Order to Customer;
“Delivery Costs” means the costs incurred by Seller in delivering the Order to the delivery address specified by Customer;
“Delivery” means the transfer to Customer of physical possession or control of the Item;
“Delivery Method” means any standard or express delivery method offered on the Site at the time of the Order;
“Party(ies)”: in the singular, the Seller or the Customer; in the plural, the Seller and the Customer;
“Price”: the unit value of a Good; this value includes all taxes and excludes Delivery Charges;
“Total Price” means the total amount of the cumulative Prices of the Goods which are the subject of the Order; such amount shall include all taxes;
“All-Inclusive Price” means the Total Price plus the price of Delivery Charges; this amount includes all taxes;
“Territory” means the territory as defined in Article 3.4;
“Transfer of Ownership” means the transfer of ownership of the Material Goods that occurs only after full payment of the All-Inclusive Price;
“Order Validation”: the meaning given to this term in Article 4.1;
“Online Sale”: marketing of the Seller's Goods via the Site.
1.2. References to Articles are references to the articles of the GTC, unless otherwise stipulated.
Article 2 - Purpose
The purpose of the GTC is to define the rights and obligations of the Parties in the context of the Online Sale of Goods offered for sale by the Seller to the Customer.
Article 3 - Scope and Use of the Site
3.1 To place an order on the Site, the Customer must be of legal age and/or have legal capacity and use this Site in accordance with the GTC.
3.2 The essential characteristics and prices of the Goods sold electronically are available on the Site.
3.3 The GTC are applicable to all sales of Goods by the Seller through the Site.
3.4 The Goods can be delivered in the following countries (the “Territory”):
Bosnia and Herzegovina
United Arab Emirates
Papua New Guinea
Syrian Arab Republic
Central African Republic
Republic of Korea
Republic of Moldova
Democratic Republic of the Congo
Lao People's Democratic Republic
Republic of Korea
Republic of Congo
Islamic Republic of Iran
Democratic People's Republic of Korea
Republic of Korea
United Republic of Tanzania
Saint Kitts and Nevis
Saint Pierre and Miquelon
Holy See (Vatican City State)
Svalbard and Jan Mayen Island
Trinidad and Tobago
Wallis and Futuna
3.5 Customer shall be responsible for the payment of any customs duties or other local taxes or import duties or state taxes. These duties and sums shall be borne by the Customer and shall be the Customer’s sole responsibility in terms of declarations and payments to the competent authorities and organizations in the Customer’s country. The Seller advises the Customer to inquire about these aspects with the competent local authorities.
Article 4 - Ordering the Goods and Steps to Complete the Online Sale
4.1 In order to complete the Order, the Customer must complete the following steps:
(1) Log on to the Site;
(2) Choose the Goods and put them in the shopping cart. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to restart his selection of Goods from the beginning;
(3) Check the Goods ordered (including their Price) and, if necessary, identify and correct any errors;
(4) Fill in the delivery and billing information, if applicable;
(5) Choose the Delivery Method;
(6) Read and accept the T&Cs;
(7) Check the Order, the Total Price and the All-Inclusive Price, choose the payment method and finally validate the Order by committing to pay the price;
(8) Follow the instructions of the online payment server to pay the All-Inclusive Price (the “Order Validation”).
(9) Customer will then receive electronic confirmation of acceptance of payment for the Order without delay.
4.2 Customer shall also promptly receive electronic confirmation of receipt of the Order (the “Order Confirmation”).
4.3 Customer shall receive electronic confirmation that the Order has been dispatched.
4.4 Delivery shall be made to the delivery address indicated by the Customer at the time of placing the Order.
4.5 The Seller undertakes to fulfil the Order only to the extent that the Goods are available. If the Goods are not available, the Seller shall inform the Customer accordingly.
4.6 However, in accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous Order.
Article 5 - Payment Conditions
The payment of the All-Inclusive Price by the Customer is made by VISA or MASTERCARD or via the PAYLIB system.
Article 6 - Delivery of the Order
6.1. Delivery Method: The Customer chooses one of the Delivery Methods offered on the Website when placing the Order.
6.2. Delivery address: the Customer chooses a Delivery address that must be located within the Territory, failing which the Order will be refused. The Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of the Order.
6.3. Amount of the Delivery Costs: the amount of the Delivery Costs depends on the amount of the Order, the delivery method chosen by the Customer and the destination country. For some countries, it will be necessary to ask for the shipping price by clicking on a link. The Seller shall then send another link by e-mail which shall allow the Customer to complete the Order online. In any event, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated.
6.4. Delivery times: Delivery times depend on the Delivery Method:
Normal Transport: The Seller will use the services of the Post Office. Delivery times vary according to the place of delivery and the weight of the package, and are generally between 5 and 15 working days.
Express shipping: In this case, the Seller delivers via a carrier such as Fedex or UPS. Delivery times are variable and depend on the location of the delivery, but generally do not exceed 72 working hours.
For special items (in terms of size, volume, fragility...), specific conditions, notably in terms of Delivery Time, can be agreed on a case by case basis.
Delivery times are in working days and correspond to the average time required to prepare and ship the Order.
Following the order, the Seller shall provide the Customer with a tracking number so that the Customer can follow the progress of the Order.
6.5. Delayed Delivery: The Seller shall, to the best of its knowledge, inform the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and shall send an e-mail to the Seller notifying it of the cancellation of the Order. If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery shall be blocked and the Customer shall be refunded any sums debited within fourteen days of receipt of the cancellation notice. If the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller shall then reimburse the sums debited and the return shipping costs incurred by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
6.6. Transfer of risks: as from the Delivery, the risks affecting the Articles are transferred to the Customer.
6.7. Verification of the Order upon arrival and reservations: the Customer is required to verify the condition of the packaging and the Items upon receipt. It is the Customer's responsibility to make any reservations and claims he/she deems necessary on the delivery slip, or even to refuse the Item, if the Item is obviously damaged upon delivery.
The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of receipt of the Articles. The Customer must also send a copy of this letter to the Seller and notify the Seller of any anomalies in the Delivery by e-mail (firstname.lastname@example.org). Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier pursuant to Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Articles delivered to him correspond to the Order. In the event of non-conformity of the Items in kind or quality to the specifications mentioned in the Delivery note, the Customer shall inform the Seller by e-mail (email@example.com) and return the Goods to the address indicated in Article 7.2.
Article 7 - Right of withdrawal of the consumer Customer
7.1 The consumer Customer has a right of withdrawal which he can exercise within 14 (fourteen) calendar days following the date when the consumer Customer, or a third party other than the carrier and designated by the consumer Customer, takes physical possession of the Articles. In the event that this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
7.2 In order to exercise the right of withdrawal, the consumer Customer must notify his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to the following address
Atelier Michael Woolworth, 2 rue de la Roquette, 75011 Paris, France – email: firstname.lastname@example.org
7.3 The consumer Customer may, but is not required to, use the following model withdrawal form:
For the attention of Atelier Michael Woolworth. Company headquartered at 2 rue de la Roquette, 75011 Paris, France – registered at the RCS of PARIS under the number 334 212 552 – Tel: +33 1 40 21 03 41 – email: email@example.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date (*) Delete as appropriate.
7.4 The consumer Customer who wishes to exercise his/her right of withdrawal must return the Article(s) within the above-mentioned period, in its (their) original packaging, complete, new to the address indicated in Article 7.2. The Article(s) returned without its (their) original packaging or incomplete, damaged or soiled by the Customer is (are) not taken back.
7.5 It shall be the responsibility of the Consumer Customer to keep all proof of this return, which presupposes that the Article(s) is (are) returned by registered mail, or by any other means giving certain date.
7.6 The Seller shall refund to the Consumer Customer the price of the returned Item(s) as well as the initial shipping costs (the return shipping costs remain the responsibility of the Consumer Customer) within 14 (fourteen) days following receipt of the Item(s) or following receipt of proof of shipment of the Item(s) (whichever comes first). This refund shall be made using the same means of payment as the one used by the consumer Customer for the Order, unless a different means is expressly agreed; in any event, this refund shall not incur any costs for the consumer Customer.
7.7. Products for which the right of withdrawal does not apply: in accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to :
Items likely to deteriorate or expire quickly; audio or video recordings or computer software when unsealed by the consumer Customer after Delivery; newspapers, periodicals or magazines.
Article 8 - Warranty
8.1. Consumer Customer
The Seller is subject to the legal warranty conditions provided for in Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Article L.217-4 of the Consumer Code states: “The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L.217-5 of the Consumer Code states: “The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, if applicable : - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by him.”
Article L.217-12 of the Consumer Code states, “The action resulting from the lack of conformity is prescribed by two years from the date of delivery of the goods.”
Article 1641 of the Civil Code states: “The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given a lesser price for it, if he had known of them.”
Article 1648 of the Civil Code states: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.”
The foregoing provisions are not exclusive of the application of the legal warranty of latent defects of Articles 1641 et seq. of the Civil Code, in accordance with the provisions of Article L. 217-4 of the Consumer Code.
The consumer Customer may exercise his rights by sending his request to:
Atelier Michael Woolworth, 2 rue de la Roquette, 75011 Paris, France – Tél.: +33 1 40 21 03 41 – email : firstname.lastname@example.org
When the Customer acts in legal guarantee of conformity, he :
– has a period of two years from the date of delivery of the goods to act;
– may choose between repair or replacement of the good subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
– he is exempted from proving the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good.
The guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer customer may also decide to implement the guarantee of hidden defects in the sense of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price (Article 1644 of the Civil Code).
8.2. Professional Customer
The guarantee of the Salesman, for all the Articles, against all the defects of material and manufacturing defect, is 12 months as from their delivery. The discovery of a defect must be notified to him immediately in writing. The warranty clause does not apply in the event of abnormal wear and tear due to faulty or negligent use, excessive stress or external causes. The warranty does not cover any costs incurred by the replacement of defective items. In particular, the costs of labor, travel, storage, etc. are excluded from the scope of the warranty. The warranty thus granted by the Seller is strictly limited to the above and is notably exclusive of any compensation for any loss whatsoever, whether direct or indirect. In general, except in the case of fraud or gross negligence, the liability of the Seller, on any legal basis whatsoever, is limited to direct and foreseeable damages at the date of the Order Confirmation, and the compensation by the Seller of immaterial damages and/or indirect damages (such as, but not limited to, loss of business, damage to brand image, etc.) is excluded.
Article 9 - Reservation of ownership
THE GOODS REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT OF THEIR PRICE. THE SELLER IS ENTITLED TO OBTAIN RESTITUTION IN CASE THEY ARE NOT PAID ON TIME. THE CUSTOMER COMMITS HIMSELF UNTIL COMPLETE PAYMENT OF THE PRICE, AT THE RISK OF IMMEDIATE CLAIM OF THE PRODUCTS BY THE SALESMAN, NOT TO TRANSFORM NOR TO INCORPORATE THE AFOREMENTIONED PRODUCTS, NOR TO RESELL THEM OR TO PUT THEM IN PLEDGE.
Article 10 - Severability clause
If any of the stipulations of the GTC are found to be invalid, such invalidity shall not entail the invalidity of the other stipulations of the GTC which shall remain in force between the Parties.
Article 11 - Claims and amicable settlement of disputes
11.1. For any difficulty, the Customer is invited to contact the Seller: Atelier Michael Woolworth, 2 rue de la Roquette, 75011 Paris, France – Tél.: +33 1 40 21 03 41 – email : email@example.com, Only complaints relating to the Online Sale of the Articles shall be taken into account.
11.2 In case of dispute that the Parties would not manage to settle amicably and under the terms of the provisions of the article L. 612-1 of the code of the consumption, the consumer Customer has the right to have recourse free of charge to the services of a mediator in the event of litigation.
The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the said code, namely disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
Within one year of the consumer Customer's request to the Seller, the consumer Customer may thus, pursuant to Article R. 616-1 of the Consumer Code, have his request examined by a mediator.
The Seller is a member of the Federation of e-commerce and distance selling (FEVAD) and the e-commerce mediation service (60 rue la Boétie 75008 Paris – firstname.lastname@example.org - http://www.mediateurfevad.fr). At the European level, the consumer Customer can consult the site http://ec.europa.eu/consumers/odr/ in order to retain the mediator of his choice. The consumer Customer may, at his own expense, be assisted by a counsel.
Article 12 - Applicable law
THE GCV ARE GOVERNED BY FRENCH LAW WITHOUT PREJUDICE TO THE APPLICATION OF THE LAW OF THE COUNTRY OF RESIDENCE OF THE CONSUMER CUSTOMER IN APPLICATION OF REGULATION (EC) N° 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXCLUDED.
Article 13 - Attribution of jurisdiction
WITHOUT PREJUDICE TO THE PROVISIONS OF PUBLIC ORDER GOVERNING THE JURISDICTIONAL COMPETENCE CONCERNING THE CUSTOMERS CONSUMERS, ANY LITIGATION RESULTING FROM THE FORMATION, THE INTERPRETATION OR THE EXECUTION OF THE CGV OPPOSING THE SALESMAN TO A PROFESSIONAL CUSTOMER CONCERNS THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE.
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