1- Conclusion of the contract of sale between the Buyer and the Seller
1.1) The Works are presented on the Site with a description allowing the Buyer to know their essential characteristics and their price.
1.2) The Buyer selects the Works he wishes to purchase.
1.3) He confirms his choice of Work, takes note of and accepts these terms and conditions. This acceptance is materialized by checking and validating the validation message. You choose your payment method between payment by credit card or by bank transfer to the account held by ArtGalleryFlorida at the time of the sale. If you choose to pay by credit card, you will receive by mail the payment link. If you choose payment by bank transfer, the payment confirmation is expected to be received within 5 working days from this confirmation on the bank account held by ArtGalleryFlorida at the time of the sale.
1.4) The Buyer receives an email confirming that his order has been taken into account. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutive condition that the Artwork is available and that the transfer has been received by ArtGalleryFlorida if the Buyer has chosen this method of payment.
1.5) The Seller is informed by ArtGalleryFlorida that a Work it has placed online has been ordered.
1.6) The Seller undertakes to confirm or deny the availability of the Work ordered by the Buyer within 5 days after the information mentioned in point 5). In the event that the same Work is ordered by several Buyers at the same time, and depending on the availability of the same (single Work), it shall only be sold to the first Buyer to place an order. In that case, the order will be cancelled for the other Buyers of the Work.
1.7) Once the availability of the Work has been confirmed or denied by the Seller, ArtGalleryFlorida sends an email to the Buyer to inform him/her of the availability or not of the requested Work.
1.8) In case of confirmation of the availability of the Work by the Seller, the resolutory condition attached to the sales contract concluded between the Buyer and the Seller is lifted. The Buyer undertakes to pay for the Work by the chosen method of payment. The Seller undertakes to deliver the Artwork or to make it available at the point of sale, within the period indicated in the description of the Artwork, once ArtGalleryFlorida has confirmed receipt of the transfer or payment by credit card.
In the absence of confirmation of the availability of the Artwork within the period mentioned in point 6), or non-receipt of the transfer by ArtGalleryFlorida within 5 working days from the date of validation of the availability of the Artwork by the Seller and if the Buyer has chosen this method of payment, the contract concluded between the Buyer and the Seller is automatically dissolved and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, this termination only affects the contract of sale of the unavailable Work.
1-9) In case of confirmation of the availability of the Work ordered by the Buyer and confirmation of the receipt of the transfer by ArtGalleryFlorida, if the Buyer has chosen this method of payment, such Work will be shipped by the Seller or picked up by the Buyer in accordance with the terms and conditions set forth in article 4.
2- Prices and payment
The purchase price of the Work is fixed by the Seller. It is mentioned in US dollars, local taxes included in the description of the Work, but excluding shipping costs, the latter being specified according to the location of the Work. If any customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are entirely his own, both as regards declarations and payments to the competent authorities and/or agencies. It is the Buyer’s responsibility to obtain information from the competent authorities in the country where it receives the Work.
Payment for purchases made through the online sales service can be made by credit card or bank transfer provided by ArtGalleryFlorida at the time of the sale, ArtGalleryFlorida collects the corresponding amount on behalf of the Seller.
When payment for purchases made through the Brokerage Service is made by credit card to ArtGalleryFlorida, the Buyer will be charged the price of the purchased Artwork plus shipping costs only when the Seller has validated the availability of such Artwork and the cost of shipping.
If the Work is not available, the Buyer will not be charged and its payment will be cancelled.
In case of availability validated by the Seller, the Buyer must wait 5 days from the time of validation of the order for confirmation of shipment.
When the payment of purchases is made by transfer to the account that ArtGalleryFlorida has at the time of the sale, the transfer must be made within 5 working days from the date of validation of the availability of the Artwork by the Seller.
2.1 Sales Methodology
If you have the work in physical form and it is already certified, when you make the sale through us, we become a trusted intermediary, receiving the payment from the buyer and releasing the payment at the moment the buyer receives his order.
When it comes to digital works for sale by reproductions, payment is released in 10 days after the buyer receives his order.
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3- Payment Security
Transactions made on the Site are entrusted to a secure online payment platform so that no one can use another person’s bank details without their knowledge. ArtGalleryFlorida has chosen to entrust its secure online payment platform to its own bank that handles payments.
ArtGalleryFlorida does not have access to confidential information regarding the payment method used by the Buyer during payment.
Although ArtGalleryFlorida uses encrypted security software, the security of information and payments transmitted over the Internet or by e-mail cannot be guaranteed. ArtGalleryFlorida shall not be liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failures or delays in the transmission of electronic communications, from the interception or manipulation of electronic communications by third parties or by software used for electronic communications, and from the transmission of viruses. Since payments are made on banking platforms directly.
4- Method and cost of shipment or pick-up by Seller
4.1 Shipment by Seller to Buyer’s address
Buyer has the option to have the Work delivered to Buyer’s address by notifying Buyer when placing the order. The Work is delivered to the address provided by the Buyer when placing the order. In this case, the Seller, provided that it has validated the availability of the Work and ArtGalleryFlorida has notified it of receipt of payment, will package the Work and make it available to a carrier. Shipping costs will be accepted by the Buyer at the time of validation of his shopping cart.
Depending on the Buyer’s delivery address, different tax rules and other charges may apply. If the Buyer has the Works shipped outside his territory, he may have to pay import duties upon receipt of his Works. ArtGalleryFlorida cannot control these fees and cannot predict their amount. The Buyer will be responsible for payment of these taxes and duties not included.
The Buyer must inquire about them before placing the order.
The Seller undertakes to make the ordered Work available to the carrier within the period indicated in the description of the Work, starting from the date of confirmation of the availability of the ordered Work (or from the date of receipt of the transfer if the Buyer has selected this method of payment); the Seller undertakes to make the Work available to a carrier within the period indicated in the description of the Work. The Works are delivered to the address indicated by the Buyer when placing the order and must be delivered no later than 7 working days after confirmation of the availability of the Work to the carrier by the Seller, the deadline may vary depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he/she communicates to ArtGalleryFlorida for these purposes is and remains correct and that it will enable him/her to receive the Works he/she purchases on the Website.
The Seller undertakes to communicate to ArtGalleryFlorida, and ArtGalleryFlorida will communicate to the Buyer, the name of the carrier that has been entrusted with the transport of the Work to the Buyer as well as the package number, in order to allow the Buyer to follow the status of his order on the carrier’s website, provided that the carrier offers a package tracking service.
In this context, the Work travels at the Seller’s risk. However, provided that the carrier allows it, insurance will be requested on the package shipped, the cost of which is covered by the Seller.
In the case of a DHL Express delivery, ArtGalleryFlorida will send the Buyer the package number as well as the link to the DHL Express website for tracking the package.
4.2 In-Person Deliveries
No in-person delivery mechanism is available between Buyer and Seller.
5- Right of withdrawal
In any case, the right of withdrawal does not apply in all cases where the Work has been customized for the benefit of the Buyer.
The Buyer exercises his right of withdrawal directly with ArtGalleryFlorida by sending an email to [email protected]. ArtGalleryFlorida will then notify the Seller by email. The elements relating to withdrawal are settled directly between the Buyer and the Seller, who will make every effort to enable the Buyer to exercise this right in accordance with the regulations in force.
If the right of withdrawal is exercised within 7 days, the Seller will only refund the price of the Artwork purchased through ArtGalleryFlorida, the shipping and return costs being borne by the Buyer.
The Artwork must be returned in perfect condition, in its original packaging and sent in the same conditions in which it was sent.
6- Litigation – Disputes
In general, the Seller undertakes to provide a quality service to Buyers.
In this regard, any Buyer has the possibility to notify ArtGalleryFlorida by sending an e-mail to [email protected], within 7 days from the receipt of any Work, of any claim concerning the ordered Works, according to the following criteria:
- Work not received: the Work has not been received by the Buyer.
- Non-conforming Work: the Work received does not correspond to the order.
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No liability of the Seller or ArtGalleryFlorida applies:
- Damaged Work: the Work received is damaged or broken.
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In the event of a claim by a Buyer in relation to a Work, once the Seller is informed of such claim by sending an email from ArtGalleryFlorida, the Seller is personally responsible for resolving the dispute with the Buyer. Disputes will be resolved directly between Buyer and Seller. Seller will make every effort to resolve the dispute with Buyer amicably.
As the case may be, the stated dispute will result in return of the Work ordered and reimbursement of Buyer by Seller or partial or full reimbursement of Buyer only.
If Buyer returns the Work, Seller will reimburse Buyer for the price of the Work. The Seller will arrange for the return of the Work and will bear the cost of shipping and returning the Work.
7- Personal Data
The Buyer and the Seller are informed that all data collected within the framework of the Brokerage Service when placing orders are processed by ArtGalleryFlorida for the purpose of processing such orders.
The Buyers’ information and data relating to delivery are transmitted by ArtGalleryFlorida to the Sellers for the sole purpose of enabling them to ship the ordered Works. It cannot be used for any other purpose.
Each Seller only has access to the personal data provided by the Buyers of the Work to ArtGalleryFlorida when placing the order.
Sellers undertake to ensure the security of the personal data they retain for the purpose of placing and tracking orders. ArtGalleryFlorida is not responsible in this regard. The costs of returning the goods shall be borne by the Buyer.
In case of difficulties in the processing of these data, the Buyer and the Seller may contact ArtGalleryFlorida directly at [email protected] .
8- Partial invalidity
If one or more of the provisions of the Terms and Conditions are considered invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain their full force and scope.
9- Applicable Law
The Terms and Conditions are subject to the laws of the United States of America and in particular the State of Florida. In case of dispute over their interpretation and/or execution, the Buyer, the Seller and ArtGalleryFlorida will make every effort to find an amicable solution. In the absence of an amicable settlement within 30 days of notification of the dispute to one of the other parties, the authorities of the state of Florida shall have jurisdiction.