Updated on 19/03/2018
The websites septentrion-sophieverger.fr and septentrion-sophieverger.co.uk (en) allow art lovers to discover and acquire original bronze or earth sculptures by the artist Sophie Verger from the Galerie Septentrion Chemin des Coulons 59700 Marcq in Baroeul France.
The purpose of these general conditions is to define the terms and conditions of online sales proposed by Galerie Septentrion of sculptures presented at the Art Up fair in Lille (15 to 18 February 2018) and to define the rights and obligations of the parties in this framework.
This site is open until 31 December 2018.
Photos of the works can be accessed and printed at any time via a direct link at the bottom of the page.
The general terms and conditions of sale may be supplemented where necessary by conditions of use specific to certain services, which supplement these general terms and conditions and, in the event of contradiction, prevail over the latter.
2. Site operator - contact
The Site is operated by Galerie Septentrion which can be contacted by email (email@example.com) or at the following address, in particular for any complaint:
Galerie Septentrion - Chemin des Coulons - 59700 Marcq-en-Baroeul
03.20.46.35.80 or 06.23.24.69.10
3. Access to site and services - Delivery territories - Legal capacity
The Site and Services are accessible:
Any natural person who is at least 18 years of age and has full legal capacity to enter into commitments under these general conditions. The natural person who does not have full legal capacity can access the site and services only with the agreement of his legal representative.
Any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.
3. 1 . Acceptance of the general conditions
The acceptance of the present general conditions is materialized by a checkbox, in the order form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The user who does not accept to be bound by these general conditions cannot access the services.
4. Registration on the Site
To register as a user, you must fill in the form provided on the site. The user must provide all the information marked as mandatory. Incomplete registration will not allow access to services.
Registration automatically opens an account in the user's name, giving him access to a personal space that allows him to place orders and manage his relationship with the gallery.
The gallery may also ask the user to provide any document or additional information necessary for the implementation of sales and / or services.
The user undertakes to provide these documents and information as soon as possible.
The User :
guarantees that all the information it provides is accurate, up to date and sincere.
undertakes to update this information in its personal space in the event of modifications.
can access his personal space at any time after identifying himself using his login and password.
is solely responsible for maintaining the confidentiality of its identifier and password, any access to the site using the latter being deemed made by him.
must immediately contact the gallery at the address mentioned in article 2 if he notices that his account has been used without his knowledge.
recognizes the Gallery's right to take all appropriate measures in such cases.
5. Implementation of online sales
The site allows the gallery and users to be put in contact for the direct sale of Sophie Verger's works presented on the site and which were offered for sale on the gallery's stand at Art Up Lille from 15 to 18 February 2018.
The edition of the bronze works being limited to 8 numbered copies and four artist's proofs (numbered in Roman numerals) the sale of the whole series closed the sale of the piece. For this purpose the number of pieces sold will be displayed on the site as sales progress.
As for the lands, they are unique pieces.
6. Vendor identification and product characteristics works
The seller is Galerie Septentrion.
Before ordering online and in application in particular of the provisions of Article L111-1 of the Consumer Code, the user may take note, on the site, of the characteristics of each original work he wishes to order.
The descriptions of the original works offered for sale online are as precise as possible. They engage the gallery only for what is indicated precisely.
6.1 Order of an original work by the user
To place an order, the user must select the original works of his choice and place them in his basket.
The user can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered.
He is informed, in this summary, of the possible expenses of delivery relating to his order, according to his address of delivery. He can then validate his order.
At the end of his order, the buyer receives by e-mail an acknowledgement of receipt which specifies the availability of the work and if necessary, the possible delivery and manufacturing times as well as the terms, costs and delivery times.
The purchase from the gallery is then the subject, from a legal point of view, of a contract of sale which constitutes the final validation of the transaction.
6.2. Selling price
The sale prices of the works are posted on the site. They are indicated all taxes included in euros. The applicable prices are those displayed on the site at the time of order.
The selling prices of the products do not include any applicable delivery charges, invoiced in addition to the price of the works purchased. The amount of the applicable delivery charges will be indicated before the validation of the order by the user.
Attention: In the DOM, in Switzerland and in certain countries, customs duties or local taxes are likely to be payable and can be invoiced with reception of the parcel by the user, in addition to the price paid on the site.
Galerie Septentrion cannot determine in advance the exact amount of these possible duties and taxes. It cannot therefore inform the user of the total amount before ordering. These duties and taxes are the responsibility of the buyer, who is solely responsible for the proper completion of any declarations and/or formalities.
6.3. Methods of payment
Unless otherwise indicated on the site, the total price of the products is payable at the
order. Payment of the prize can be made online:
by the secure online payment service offered by the gallery on its site.
by any other legal means accepted by the gallery at the time of the order.
The user guarantees that he has the necessary authorisations to use the chosen payment method.
The gallery reserves the right to suspend or cancel any order and/or delivery, in case of non-payment of any sum due by the buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site. Penalties equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of rejection of bank payment.
6.4 Retention of title
The artist retains full and entire ownership of the original works he has sold until the perfect receipt of their price.
6.5 Delivery of Works
The works are delivered to the address indicated at the time of the user's order as"delivery address" (which may be different from the billing address) and within the period indicated in the sales contract.
If delivery is not made within the period indicated in the sales contract, the buyer may cancel the order by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having requested the gallery by the same means to make delivery within a reasonable additional period, the gallery has not performed within this period.
The contract is considered terminated upon receipt by the gallery of the letter or writing informing it of this resolution, unless the gallery has since performed.
In the event of termination of the contract in accordance with the above terms, the buyer will be reimbursed for all sums paid, including delivery costs, at the latest within fourteen (14) days following the date on which the contract is terminated.
The gallery reserves the right in any case to approach the user in order to propose alternative solutions for reimbursement of the price of works and delivery costs. The buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative repayment method.
6.6 Right of withdrawal for original works
The French buyer or resident in France has a period of 14 calendar days from the date of receipt of the original work ordered to withdraw without having to justify reasons or pay penalties, with the exception of return costs which remain at his expense and which he will have to pay.
The user who wishes to exercise his right of withdrawal must send to the gallery at the address mentioned in Article 2 hereof, before the expiry of the deadline above, the withdrawal form attached to these general conditions duly completed, or a declaration clearly expressing his will to withdraw and including the identification of the original work concerned.
The original work must imperatively be returned directly to the gallery, in its original packaging, without excessive delay and at the latest within 14 (fourteen) calendar days following the communication by the user, of his willingness to retract. It must be accompanied by a copy of the corresponding purchase invoice. The purchaser is considered responsible in the event of deterioration of the original work at the time of its return.
The buyer will be reimbursed as soon as possible for all sums paid for his order, less any return costs, which remain the responsibility of the user. The gallery will defer this refund until the actual recovery of the work(s).
6.7 Legal guarantees
It is recalled that, when acting as a legal guarantee of conformity, any French buyer or resident in France:
has a period of two years from the delivery of the property to act
may choose between repair or replacement of the good, subject to the cost conditions provided by Article L217-9 of the Consumer Code is exempted from reporting proof of the existence of the lack of conformity of the good during the twenty - four months following its delivery.
it is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The artist and the gallery undertake to respect and implement the legal guarantees from which the buyers benefit, namely the guarantee of non-conformity, as well as for hidden defects of the thing sold, including defects in conformity resulting from the packaging of the original works.
If the buyer notices that the work delivered to him shows a lack of conformity or is damaged, he must inform the gallery at the coordinates mentioned in article 2 hereof, indicating the nature of the defect, non-conformity or damage found and sending him any useful proof, in particular in the form of photograph(s). The gallery will inform the artist without delay. The gallery will organize with a carrier the modalities of the return, of which it will inform the user and the artist by any useful means. The artist will bear the costs of this return.
The work must be returned in its original packaging. It must be accompanied by a copy of the corresponding purchase invoice.
Returns of works not respecting the modalities described above cannot be taken into account.
The artist must carry out the necessary checks and propose to the buyer the restoration or replacement of the work as far as possible. If the restoration or replacement of the work is impossible, the user will be refunded the full price paid for the work and the corresponding delivery costs, by any useful means, as soon as possible after the date on which the artist has informed the buyer and the gallery of the impossibility of restoring or replacing the work.
7. Services for the benefit of users
Independently of the possibility to buy works according to the modalities described above, buyers can subscribe free to the newsletter of the gallery or the artist from the site.
The gallery undertakes to provide the services with diligence and according to the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which users expressly acknowledge and accept.
8. Responsibility for Original Works
The gallery acts as an intermediary in that it provides artists and users with tools and technical means enabling them to enter into a relationship for the purposes of buying and/or selling works through the site. Its responsibility is limited to providing these means, as described herein and to putting the artist and users in contact.
In order to constantly improve the quality of the services, the gallery invites users to send it any comments and information they may wish to bring to its attention concerning the quality of transactions carried out through the Services.
The gallery undertakes to carry out regular checks to verify the operation and accessibility of the site. For this reason, the gallery reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, the gallery cannot be held responsible for any temporary difficulties or impossibilities of access to the site due to circumstances beyond its control, force majeure, or due to disturbances in the telecommunications networks.
In any event, the liability that may be incurred by the gallery hereunder is expressly limited to the direct damages proven suffered by the buyer.
9. Intellectual Property
The systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc...) used by the gallery within the site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the gallery, or the artist as the case may be, are strictly prohibited and may be the subject of legal proceedings.
10. Links and third party sites
The gallery can in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the user would access through the site.
The gallery is also not responsible for transactions between the user and any advertiser, professional or merchant (including its possible partners) to which the user would be directed via the site and could in no case be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.
The user can unsubscribe from the site at any time, by sending a request to this effect to the gallery by e-mail, to the coordinates mentioned in article 2.
This unsubscription is effective within a maximum period of 7 (seven) days from the request. It automatically deletes the user's account.
When the user's unsubscription is due to his refusal to accept the modification of these general conditions as provided for in Article 19, the general conditions previously accepted by the user will remain applicable until the effective date of his unsubscription.
The gallery may terminate the user's access to the services, without having to justify a reason, by registered letter with acknowledgement of receipt, provided that one week's notice is given.
The gallery reserves the right to modify these general conditions at any time.
Users will be informed of these modifications by any useful means or, in any case, through an access to the general conditions of sale modified at the time of any placing of order following the entry into force of these modifications.
In the event of a translation of the present general conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a term or provision.
The French user or resident in France has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present which would oppose him to the gallery, under the conditions provided for in articles L611-1 and following and R152-1 and following of the Consumer Code.
For this purpose he may contact the following consumer ombudsman:
Mediation and amicable settlement centre for bailiffs (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
E-mail address: firstname.lastname@example.org
Telephone: 01 49 70 15 93
14. Applicable law and jurisdiction
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless mandatory rules of procedure provide otherwise.
Annex - Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.
To the attention of Galerie Septentrion (art. 2 of the General Conditions of Sale)
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale below:
Seller (Galerie Septentrion)
Work concerned :
Received on (*):
Name and address of buyer(s) :
Signature of buyer(s):
(*) Delete as appropriate.