TERMS AND CONDITIONS OF USE AND SALE
TERMS AND CONDITIONS OF USE AND SALE
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) apply to all sales of artworks made on the drip-in.com website.
1- contract of sale between the Customer and the Seller
- 1) The artworks are presented on the site with a description enabling the Customer to know their essential characteristics and their price.
- 2) The Customer selects the artwork(s) he wishes to purchase as well as the quantities per model.
- 3) Customer confirms his choice of artwork(s), reads and accepts the present T&C by a click of validation. He chooses his method of payment between payment by credit card or by bank transfer to BEREL SAS’ account. If he chooses payment by credit card, he proceeds immediately with the payment. If he chooses payment by bank transfer, he proceeds to this operation as quickly as possible so that the payment is effectively received within 4 working days on BEREL SAS’s bank account.
- 4) The Customer receives an email confirming that his order has been taken into account. However, the contract of sale concluded between the Customer and the Seller is subject to the subsequent condition that the transfer has been received if the Customer has chosen this method of payment.
- 5) Once the payment of the artwork(s) has been confirmed by the Seller, an email is sent by BEREL SAS to the Customer to inform him/her of the firm commitment to deliver the products within the specified time limit.
6) In the absence of confirmation of the transfer by BEREL SAS within 5 working days from the date of validation of the order, the contract concluded between the Buyer and the Customer is automatically terminated and each party is released from its obligations. In particular, the Client is assured that he will not be debited for the amount of the order, delivery charges included.
7) In case of confirmation of the availability of all or part of the artworks ordered by the Buyer and confirmation of the receipt of the transfer by BEREL SAS if the Buyer has chosen this method of payment, the said artworks are shipped by the Seller according to the terms and conditions set out in article 2.
2- Artworks selling price
The selling prices of the artworks are displayed on the site. They are indicated in euros, all taxes included. The applicable prices are those displayed on the site at the time of the order.
The sale prices of the works do not include any delivery charges that may be applicable, invoiced in addition to the price of the artwork(s) purchased. The amount of the applicable delivery charges will be indicated before the validation of the order by the Customer.
For deliveries to countries outside the European Union, customs duties or local taxes may be required, in addition to the price paid on the site, see article 4 “shipping method and costs”.
3- Payment security
In order to secure the transactions as well as possible, BEREL SAS has adopted for the means of payment the Stripe solution, specialist in online payment which uses the SSL (Secure Socket Layer) encryption technology, and which establishes an encrypted connection directly between the Buyer and the bank.
BEREL SAS has no access to confidential information relating to the means of payment used by the Customer during the payment process. The Customer’s bank details will therefore be requested for each new order. Indeed, only Stripe has access to the confidential information, which is itself hosted separately on servers dedicated to encryption and decryption keys.
Despite the use by BEREL SAS of encrypted security software, the security of the information and payments transmitted via Internet or e-mail cannot be guaranteed. BEREL SAS cannot be held responsible for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from a failure or delay in the transmission of electronic communications, from the interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
Unless otherwise stated on the site, the total amount of the price of the artwork is payable at the time of the order. The payment of the price can be made online through the secured payment service Stripe proposed by BEREL SAS on the site, or through a transfer to the BEREL SAS account. The transfer must be made within 4 working days from the date of the order.
The Customer guarantees that he has the necessary authorizations to use the chosen method of payment and will be debited with the price of the product purchased plus delivery costs, once the Seller has validated the availability of the said product. In the event of unavailability of the product, the Customer will not be debited and his payment will be canceled. In case of availability validated by the Seller, the Customer will be debited with a delay of 5 days from the moment he validated his order.
Attention: BEREL SAS reserves the right to suspend or cancel any order and/or delivery, in case of non-payment of any amount due by the Customer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site.
4- Shipping method and costs
The artworks are delivered to the address indicated at the time of the Customer’s order as the “delivery address” (which may be different from the billing address) and within the period indicated in the order confirmation email from the date of confirmation of availability of the artworks ordered. It is the sole responsibility of the Customer to ensure that the information he communicates to BEREL SAS for this purpose is and remains correct and that it will enable him to receive the artworks he buys on the site.
For deliveries to countries outside the European Union, customs duties or local taxes may be required in addition to the price paid on the site. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Customer and are the Customer’s sole responsibility, both in terms of declarations and payments to the competent authorities and/or organization. He is solely responsible for the proper completion of any declarations and/or related formalities. The Customer may contact his local customs office for more information before placing his order.
Shipping costs are accepted by the Customer at the time of validation of his shopping basket.
The Seller undertakes to make the artwork(s) ordered available to the carrier within 21 working days for any delivery in metropolitan France and in one of the countries of the European Union. For deliveries to countries outside the European Union, a period of 28 days is to be considered depending on the carrier used.
BEREL SAS transmits the name of the carrier as well as the parcel number to the Customer after the carrier has taken charge of the order, in order to allow the Customer to follow the status of his order on the carrier’s website, provided that the carrier offers a parcel tracking service.
In the absence of delivery within the time limit indicated above, the Customer may cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium addressed to BEREL SAS.
In the event of cancellation of the contract according to the above terms and conditions, the Customer will be reimbursed from the whole amount he has paid, including delivery costs. See article 6 ” disputes – complaints
In accordance with the legal provisions in force, within the framework of a purchase made from a professional Seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Customer, if he himself is a national of this area, has a period of 14 days from receipt of the artwork(s) ordered to exercise, with the said Seller, his right of withdrawal, without having to justify his reasons or pay any penalty.
If the Customer is not himself a national of this area, this right of withdrawal is also applicable.
The Customer exercises his right of withdrawal directly with BEREL SAS by sending an e-mail to the address [email protected] BEREL SAS will manage the return of the artwork and will pay for the return costs (excluding customs fees payable upon delivery). If the buyer returns the artwork himself without waiting for instructions from BEREL SAS, he will not be able to claim the reimbursement of the delivery costs and takes full responsibility for the shipment and the state of the artwork on arrival.
BEREL SAS reimbursements to the Client are made once the artwork has been received.
The artwork must be returned in perfect condition by the Customer and in its original packaging (or equivalent).
5- Litigation – complaints
In general, the Seller undertakes to provide quality service to Customers.
In this respect, any Customer has the possibility to report by sending an e-mail to [email protected], within 21 days of receiving any artwork, any complaint concerning the artworks ordered, according to the following criteria :
- – Artwork not received: the artwork has not been received by the Customer.
- .- Non-conforming artwork: the artwork received does not correspond to the artwork ordered.
- – Damaged artwork: the artwork received is damaged or broken.
According to the cases, the declared litigation will give place either to the return of the ordered artwork, or to the partial or total refunding of the Customer only.
In case of return of the artwork by the Customer, it will be up to the Seller to organize the return of the artwork and to take all the expenses at his expense.
In this case, the price of the artwork(s) purchased and the shipping costs paid by the Customer when placing the order will be refunded by BEREL SAS once the Seller has notified the Customer of the good reception of the artwork.
The reimbursement to the Customer will take place at the latest within fourteen (14) days following the date of receipt of the artwork.
BEREL SAS reserves in any case the right to get in touch with the Customer in order to propose alternative solutions for the reimbursement of the price of the artworks and the delivery costs. The Customer will have to express explicitly and on a durable support his acceptance of the choice of an alternative method of refund.
6- Personal data
In addition to the conditions of use and sale, Customers are informed that all data collected within the framework of the Service when placing orders are processed by BEREL SAS for the purpose of processing said orders.
The information and data of the Customers relating to the delivery are transmitted by BEREL SAS to the carriers for the sole purpose of allowing them to ship the ordered artworks. They cannot be used for any other purpose.
BEREL SAS undertakes to ensure the security of the personal data that it keeps for the purpose of carrying out and following up the orders.
In the event of any difficulty concerning the processing of this data, the Client may contact BEREL SAS directly, under the conditions set out, as the case may be, in the T&C.
7- Applicable law
The present general conditions are subject to French law. Any dispute relating to their interpretation and/or execution is the responsibility of the legally competent French authorities.