GENERAL CONDITIONS OF SALE

Article 1 – Field of Application

The general conditions of sale detailed below govern the contractual relationship between any user of the site www.darkroomgalerie.fr  hereinafter called “the Buyer” and SARL DARKROOM Galerie “the Seller” with a capital of 10,000 euros.

Siret number: 766518451

NAF: 74903

TVA INTRA: FR 87799518451

DARKROOM Galerie reserves the right to modify the conditions of sale without notice. Each purchase on the website www.darkroomgalerie.fr is governed by the terms and conditions applicable at the date of the order. We maintain that, by confirming your order, you have read and do unreservedly accept the Terms and Conditions of Sale. By accessing the site www.darkroomgalerie.fr you agree to abide by these terms. It is specified that the present conditions govern the sale of photographs on the website www.darkroomgalerie.fr.

 These conditions apply to the exclusion of all other conditions, including those applicable to sales in the Gallery DARKROOM.

 Article 2 – Description of Goods and Services

The products sold on the website www.darkroomgalerie.fr are original signed and numbered photographs, limited to a maximum of 30 copies as well as DARKROOM Galerie Gift Certificates.

The Buyer acknowledges that the images of the photographs shown on the site www.darkroomgalerie.fr are only indicative. Slight color variations may occur between the image displayed on the screen and the actual printed photograph.

Article 3 – Prices 

Prices are quoted net in Euros, excluding shipping fees. VAT is not applicable according to article 293B of CGI (General Tax Code). SARL DARKROOM Galerie reserves the right to change prices at any time. Goods will be invoiced on the basis of the rates in effect at the time the order is placed, subject to availability. The photographs remain the property of DARKROOM Galerie until full payment has been received.  Only payments in Euro are accepted. If shipping is to a country other than Metropolitan France, the Buyer is the importer of the goods concerned. For all goods shipped outside the European Union and the French Overseas Departments and Territories (DOM-TOM), customs duties or other local taxes or import duties or state taxes may be payable. These duties and fees are not under the responsibility of DARKROOM Galerie. They will be borne by the Buyer and are under their full responsibility in terms of declarations and fees due to the competent authorities and bodies of the country.

Article 4 - Acceptance of the Offer

The acceptance of the offer by the Buyer is binding by clicking on the validation box on this website and the completion of all of the following Buyer information: Last Name, First Name, Telephone Number, Shipping Address, E-mail. The contract is concluded upon confirmation of receipt of payment by our bank. A confirmation of your order will be sent by email from the site www.darkroomgalerie.fr within a few minutes.

Article 5 - Payment

DARKROOM Galerie offers three methods of payment:

1) Online payment by credit card. For the security of your payments our site accepts payment by PayPal and uses the encryption system SSL (Secure Sockets Layer), which ensures the protection and confidentiality of commercial transactions and any information being exchanged when paying by credit card.

2) By cheque. The cheque must be received within 10 days of the order being placed. Beyond this period DARKROOM Galerie reserves the right to cancel the order. For payment by cheque, the order will be processed only upon the date of receipt of the cheque (amount corresponding to the total of the order placed). The Buyer certifies during validation of their order that they are in good standing with respect to the issuer of the credit card or cheque.

Article 6 - Delivery or Fulfillment of the Order

The photographs are delivered to the shipping address indicated during the ordering process. Possible means of shipping depend on the quantity and size of the good(s) ordered and the country of delivery.  Depending on the availability of the items, shipping or the fulfillment of your order will be within 2 to 10 working days from the payment date or the date of receipt of the cheque.  All of the delivery times indicated on the site are shown in working days and do not take into account transit time or shipment (depending on destination).  In case of delay an email will be sent to the Buyer.  The dates and delivery times mentioned are indicative. Any delays in delivery can not under any circumstances give rise to any compensation or penalties charged to DARKROOM Galerie.

However, any orders not shipped within a maximum period of 30 days following the date of receipt of payment may be canceled by the Buyer and will be refunded, except in cases of force majeure (war, riot, strikes, accidents...).  At any time the Buyer can view the history and/or the status of their order by clicking on the link in the email confirmation of the order or on the website in the menu "My Account".

Article 7 - Receipt of Delivery

 Upon receipt of your package, it is imperative to check the contents in front of the delivery person.  If you do not personally take delivery of the parcel, ensure that the person responsible for receiving the package verifies its contents.  No claims will be accepted if you do not clearly state on the delivery receipt any damage found on the product.  Writing “subject to unpacking” or anything that does not specifically describe the problem is not admissible and can not give rise to any exchange or replacement.  Do not sign the delivery receipt if the order arrived damaged. No claim will be accepted if the delivery receipt is signed.  If the goods arrive damaged in any way, it is essential that the Buyer fill out a “Report of Damages” with the postman or the post office in their area.  If you refuse acceptance of the package, the Buyer must have the post office return the goods to DARKROOM Galerie, accompanied by a "Report of Damages" (Report 170) and keep a copy of this form. This form must be sent to DARKROOM Galerie in order to investigate and initiate proceedings for compensation.

Article 8 - Right of Withdrawal

According to the provisions of Article 121-16 of the Consumer Code, the Buyer has a period of 7 days from the receipt of the order to return the good(s) at their own expense and request an exchange or refund. A framed image or a laminated photograph is a custom made work ordered by the Buyer.  DARKROOM Galerie will therefore not reimburse the Buyer on these works.  The right of withdrawal is accepted only on the sale of a printed photograph.

Article 9 - Return of Goods

In the event that the goods received do not conform to the order, you have a right of return.  Any return of goods will be in accordance with a formal agreement between the Buyer and DARKROOM Galerie.  In this case, please contact DARKROOM Galerie for the address and the method in which the goods should be returned.  DARKROOM Galerie will exchange the damaged item, within the limits of available stocks.  If an article is no longer available, DARKROOM Galerie will allow you to select another item of equivalent value.  When returning an item, all shipping fees to return said item will be borne by the Buyer; DARKROOM Galerie will pay for shipping of the replacement item.  The goods must be returned in their original packaging.  Goods returned that are incomplete, broken, damaged or soiled by the Buyer (fingerprints or stains of any kind) are not accepted.

Article 10 - Intellectual Property

All photographs on this site are property of the artists; they constitute works within the meaning of Article L112-1 of the Code of Intellectual Property.  Consequently, any reproduction thereof, in whole or in part, without our express, prior written consent is prohibited.  The rights of the Buyer of the works are limited to a right to private use, excluding any right of representation and reproduction.

Article 11 - Personal Information

 All personal information that the Buyer will provide shall be for our use only.  Under the Data Protection Act of 6 January 1978, the Buyer has at any time a right of access, rectification and opposition to personal data. You can exercise this right by contacting us by:

 e-mail: contact@darkroomgalerie.fr

or by mail:

DARKROOM Galerie

12 Rue Maccarani

06000  Nice

France

The automated processing of personal data has been registered with CNIL (National Computer and Freedoms Commission).

Article 12 - Settlement of Disputes

These terms and conditions are subject to French law.  In case of dispute arising in connection with the execution, termination or conditions of this agreement, the parties shall endeavor to settle the dispute amicably.  In the event that an amicable solution is not reached and the Buyer is a business entity, the dispute shall be exclusively brought before the Tribunal de Grande Instance of Nice.


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