General conditions of sale for products sold on https://www.solomonrossine.com/
Who are we ?
Solomon Rossine Painter
SME company with a capital of euros
Registered office: 16 rue de Kerampont 22300 Lannion ;
Phone number: 0601135547;
E-mail address: firstname.lastname@example.org;
RCS (or Répertoire des métiers) of: n°38102868700048 9002A;
Intra-community VAT: n° 38102868700048;
The person responsible for the publication is ROZINE Glafira;
The present GTC have been generated free of charge by the communication company Kinic
Summary of the page
The present general terms and conditions of sale are valid since the launch of the website https://www.solomonrossine.com. In summary: Solomon Rossine only offers on his website original signed works (paintings, drawings), sold with invoice and certificate of authenticity. These works are insured by the artist as long as they are in his possession and must therefore be insured by the customers after purchase. The Artist nevertheless retains the inalienable property of the copyrights related to all his creations.
Orders for works can be placed online or by email and paid via paypal, credit card or bank transfer.
The present conditions govern the sales by the company Solomon Rossine Painter 16 rue de Kerampont 22300 Lannion of Works of Art.
The present general conditions of sale govern the distance selling of paintings offered on the website https://www.solomonrossine.com/ to individuals or legal entities.
Valid as of their online publication, i.e. July 1st 2021, their purpose is to define the rights and obligations of Solomon Rossine, hereinafter referred to as "the artist" or "the seller" and its "customers" also referred to as "buyers". They regulate all the steps necessary for the placing of orders and ensure the follow-up of these orders between the artist and the client.
In this respect, it is specified that any order implies irrevocable acceptance of these general conditions of sale by the client.
These general conditions of sale may be subject to change, the conditions applicable are those in force on the site https://www.solomonrossine.com/ on the date of placing the customer's order. To this end, the customer has the option of saving these general conditions (see chapter 11).
The customer declares :
to have the capacity to conclude the present contract, i.e. to have the legal majority, not to be under guardianship or curatorship and to be solvent;
to make purchases on his own account (with regard to the establishment of invoices and certificates of authenticity in his name);
not to purchase works by the artist with a view to reselling them, unless a contract has been concluded between the client (art dealer, gallery owner, etc.) and the artist.
Finally, it is specified that all the information in the "Legal Notice" section of this site also applies to these "general terms of sale". For this reason, customers are asked to consult them before making any purchase.
Informations about the works of art offered for sale
All the works offered for sale on the website https://www.solomonrossine.com/ are original pieces by Solomon Rossine.
Thus, each work :
bears a unique reference number determined by the artist;
is initialed by the artist on the front;
bears a unique authentication number determined and known only by the artist.
These measures have been taken to avoid as much as possible any risk of reproduction or falsification of the artist's works, given their permanent presence on the Internet.
Moreover, these works are all unique pieces:
Their sale is limited to one piece (*) per article (no stock or exchange possible). It is specified that despite a daily management of the website https://www.solomonrossine.com/, some works announced as being available may not be in reality, due to technical and practical considerations (computer problem, sale of works on several different websites, possible sale also in exhibition galleries,...). In order to obtain further details, the Customer has the possibility to contact the artist. In the event that the work proves to be unavailable once the purchase has been made, the artist will reimburse the customer in full as soon as possible;
They are not reproducible. The artist does not propose any reproduction of his works (*) and by virtue of the related copyright, it is forbidden to make copies, even after purchase (see chapter). Any abuse will be punished by law;
The artist draws the attention of potential customers to the fact that the photographs of the works listed on his website are not contractual: they may sometimes be slightly different from reality, due to numerous technical parameters such as the quality of the graphic card of the Customer's computer, the quality and settings of his screen and the artist's lighting during the shooting. However, no photos are retouched and therefore changes can only be minimal. Moreover, the works are generally more beautiful in reality than in photographs, as this process tends to "flatten" the materials.
(*) with the exception of prints of digital works, which will be made by the artist and him alone, in a limited series, the number of which will be indicated by the artist on the back of each work and on each invoice and certificate of authenticity.
The prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In case of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the company Solomon Rossine Painter Artist. They will be at your charge and are your entire responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in euros.
The company Solomon Rossine Painter Artist reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of the validation of the order and subject to availability.
The products remain the property of the company Solomon Rossine Painter Artist until full payment of the price.
Caution: as soon as you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
You can order:
The artist will confirm receipt of the order to the customer by sending an email, after checking the availability of the work.
Any order implies acceptance of the prices and descriptions of the products available for sale at the time of the order. Therefore, the Customer declares that he/she has read and irrevocably accepted the present general terms and conditions of sale before placing his/her order.
Any order form signed by the Customer by "double click" (law of 13 March 2000 on electronic signature) as well as the data entry on successive screens, the order is considered as irrevocable on his part.
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
The company Solomon Rossine Painter Artist reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Confirmation of your order
Any order placed on the website https://www.solomonrossine.com/ implies acceptance of these General Conditions. Any order confirmation implies your full and complete acceptance of these General Terms and Conditions of Sale, without exception or reservation.
All the data provided and the recorded confirmation will be considered as proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order will be worth signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be sent to you in PDF format via the e-mail address used to confirm your order.
Methods of payment
The fact of validating your order implies for you the obligation to pay the price indicated.
The payment of your purchases is made by credit card through the secure system.
The card is only debited when the order is shipped. In the case of split deliveries, only the products shipped are debited.
Sale of works whose sale price is greater than or equal to 1,000 € :
The artist reserves the right, before sending the order and in order to protect himself from the possibilities of fraud in remote sale, to ask the customer for a copy of an identity document as well as a proof of residence, if he wishes to pay his order by bank check. If these documents are not presented, the order will be cancelled in order to guarantee the security of the transaction and the work will not be sent by the artist.
Any attempt at fraud, for any amount whatsoever and whatever the origin, will be subject to criminal proceedings.
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a 14-day cooling-off period from the date of receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay any penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
The return costs are at your expense
In case of exercise of the right of withdrawal, the company Solomon Rossine Painter Artist will proceed to the reimbursement of the sums paid, within 14 days following the notification of your request and via the same means of payment as the one used during the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalised.
The supply of goods which are likely to deteriorate or expire rapidly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages the delivery of which is delayed beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control.
The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
Transactions concluded at a public auction.
The supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
Our products are offered as long as they are visible on the https://www.solomonrossine.com/ website and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
If a product is not available after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.
In addition, the website https://www.solomonrossine.com/ is not intended to sell its products in large quantities. Therefore Solomon Rossine Painter Artist reserves the right to refuse orders for identical items.
Please consult the page dedicated to transport and delivery conditions.
The products are delivered to the delivery address indicated during the ordering process, within the time period indicated on the order validation page.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences on the delivery time indicated to you.
In accordance with the legal provisions, in the event of a delay in delivery, you have the possibility of cancelling the order in accordance with the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed to reimburse you and the delivery costs under the conditions of article L 138-3 of the Consumer Code.
In case of deliveries by a carrier, the company Solomon Rossine Painter Artist cannot be held responsible for any delay in delivery due exclusively to the client's unavailability after several proposed appointments.
Ownership of the work
Each customer purchasing a painting by the artist will receive by mail :
an invoice drawn up on headed paper in two original copies, one of which is for the artist;
an original certificate of authenticity and uniqueness handwritten and signed by the artist. This document can be used as proof in case of transfer/sale of the work after purchase or request for tax deduction (for companies). To avoid any risk of fraud, no duplicate of this certificate will be issued, except in cases of force majeure.
It is reminded that the copyright of the works offered on the site https://www.solomonrossine.com/ remains the sole property of the artist, S.ROSSINE, even after their sale, and this, in a permanent and immutable manner. The customer may not therefore exploit, distribute or reproduce them in any way whatsoever without the prior written consent of the artist.
Finally, potential clients are advised to beware of any counterfeiting of the artist's works. For the record, no work is ever reproduced identically by her, nor is any copy made in any form whatsoever (lithography, reproduction, etc.). Furthermore, all the artist's works are signed and bear specific identification numbers. It is therefore up to potential customers to refuse any offer in this regard from a company other than S.Rossine and to inform the company of this offer. Rossine and to immediately inform the artist, who cannot be held responsible in the event of fraud and will immediately refer the matter to the competent authorities in order to assert their copyright.
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by mail within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed to you on the basis of the invoiced rate and the return costs will be reimbursed to you on presentation of the receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 7.
The products offered comply with the French legislation in force. The responsibility of the company Solomon Rossine Painter Artist cannot be engaged in case of non-respect of the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you are considering ordering.
Furthermore, the company Solomon Rossine Painter Artist shall not be held responsible for any damage resulting from improper use of the product purchased.
Finally, the company Solomon Rossine Painter Artist cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Applicable law in case of disputes
The language of this contract is French. The present conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
All the elements of the website https://www.solomonrossine.com/ are and remain the intellectual and exclusive property of the company Solomon Rossine Painter Artist. No one is allowed to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of Solomon Rossine Painter Artist.
The company Solomon Rossine Painter Artist reserves the right to collect nominative information and personal data concerning you. This information is necessary for the management of your order, as well as for the improvement of the services and information that we send you.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose any nominative information and personal data concerning you, directly on the website.
Archiving of evidence
The company Solomon Rossine Painter Artist will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerised records of Solomon Rossine Painter Artist will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.