51, Daumesnil 75012, Paris, FRANCE | 7j/7 – de 10h à 20h
TERMS OF SERVICES
Terms of services
These General Terms and Conditions (hereinafter referred to as the “GTC”) define the terms and conditions under which Design by Jaler Société par Actions Simplifiée (SAS) with a capital of € 1,500, registered with the Paris Trade and Companies Registry under number 820,920. 734 and whose registered office is at 51 Avenue Daumesnil – 75012 PARIS (hereinafter “Design by Jaler”) will provide Users with access to the Site, organize intermediation between the Artists and the Buyers to allow them to acquire the Works of Artists, and their contractual relationship.
ARTICLE 1 – DEFINITIONS
In the remainder of these GTC and any other related contractual document, the terms of which the first letter appears in capital letters shall have the following meaning, in the singular and the plural:
“Subscription (s)”: the subscriptions of the Artists on the Site, in order to put on sale the Works on the Site and to have a Shop;
“Buyer (s)”: the natural or legal person purchasing the Works on the Site;
“Artist (s)”: the artist putting his works on sale on the Site;
“Shop”: the Shop of the Artist on the Site, allowing him to put his works on sale;
“Order (s)” or “Order”: act, for the User, to order a Work or a Subscription on the Site;
“User Account (s)”: account of the User on the Site, accessible by his username and password, and containing his personal information and his history on the Site, including the Works purchased as well as all his Orders;
“Buyer Account (s)”: Buyer’s account on the Site;
“Account (s) Artist (s)”: account of the Artist on the Site;
“Party (s)”: Design by Jaler and / or the User, whether Buyer or Artist;
“Work (s)”: works of art put on sale on the Site by the Artists;
“Service (s)”: the technical platform of Design by Jaler, made available to Users, through the Site, or any other Service provided by Design by Jaler;
“Site”: the site design-by-jaler.com and all of its pages, property of Design by Jaler, as well as any other display of the Services offered by the company Design by Jaler (for example a mobile application );
“User (s)”: the user, Artist or Buyer, using the Site;
The User visiting the Site and using the Services is invited to read these Terms and Conditions carefully, to print them and / or to save them on a durable medium.
The products governed by these General Conditions are constituted by works of art within the meaning of Article 98A of Annex III of the CGI (paintings, sculptures, photographs, hereinafter referred to as the “works” “…), offered for sale by Artists authors of the works presented. The works must be original in the sense of the droit de suite.
Each work offered for sale through the Service is described on the product page of the work on the Website www.design-by-jaler.com.
ARTICLE 2 – APPLICATION OF THE GC AND OBJECT OF THE SITE
2.1. Application and Modification of the GC
Design by Jaler reserves the right to modify the GTC at any time by posting a new version of the GTC on the Site, notifying Users by e-mail or by notification to their next login on the Site.
In the absence of acceptance of modified GTC, Users may implement their right of refusal by deleting their User Account on the Site.
The GTC applicable to the use of the Site are those in force on the date of use.
The GTC applicable to a Work Order or a Subscription are those in force on the date of the Order of the Work or Subscription.
These GTC are applicable to all Users of the Site, regardless of their country of origin and visit.
The GC are applicable for the duration of use of the Site by the User, from the date of acceptance.
In case of translation into another language, the French version will prevail.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in these GTC, as well as the legal notice of this Site.
2.2. Purpose of the Site
This Site provides an online platform for connecting Artists, Creators of Works, and Buyers. This platform, materialized by the Site, allows Artists to promote their Works and Buyers to acquire them.
The role of Design by Jaler is limited to a strictly technical intermediation role between Users. Design by Jaler does not intervene in the contractual relationship between the Buyer and the Artist.
2.3. Acceptance of the GC
The registration on the Site and its use imply the unreserved acceptance by the User of the entirety of these GC, which acknowledges the same fact having fully understood.
This acceptance will be expressed by ticking the box corresponding to the acceptance sentence of these GTC during the registration or use of the Site, for example with the mention “I acknowledge having read and accepted all terms and conditions of the Site ».
Checking this box will be deemed to have the same value as a handwritten signature on the part of the User.
2.4. Legal capacity
The acceptance of these GTC and the registration on the Site imply on the part of the Users that they enjoy the necessary legal capacity for that. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
If the acceptance of the GTC is made in the name of a company or other legal entity, the User declares and guarantees to have the right to engage the said company or other legal person in these GTC. In this case, the term “User” will mean the company or legal person.
If Design by Jaler is informed that a User does not have legal capacity, his / her User Account may be immediately closed, without notice and without engaging the responsibility of Design by Jaler.
2.5. Respect of the legislation
The Site and Design by Jaler respect the French regulations. Consequently, Design by Jaler can not be held liable if a User located outside the French territory consults the Website or uses the Services, in case of non-compliance with applicable foreign regulations.
Users must, in particular, be aware of local and national laws to ensure that they comply with them by using the Site and the Services.
ARTICLE 3 – RELATIONS BETWEEN THE PARTIES
Users acknowledge that the Site is an intermediation platform allowing the relationship between the Artist and the Purchaser of Works.
Consequently, only the Artist, whose identity is indicated on the Worksheet, is the Buyer’s counterpart for the sale of the Works.
Design by Jaler is in no way reseller of the works proposed by the Artists.
Only the Artist is responsible for the proper delivery of the Works and applicable warranties.
Only the Buyer is responsible for the proper payment of the Order to the Artist.
Design by Jaler only has a role of intermediation between the Artist and the Buyer, its service being limited to a technical provision of provision of the Site and Services.
Design by Jaler disclaims all liability in connection with the direct relationship between Users, including but not limited to:
Any direct or indirect damage caused by a User to another User,
The non-conformity of the Work to that presented by the Artist on the Site,
The lack of availability of the Work, even if the Artist indicated that it was available,
The difference in characteristics between the Artwork delivered and the Artwork presented on the Site by the Artist,
Incomplete information provided by the Artist or the Buyer on the Site,
The problems of delivery of the Order of the Work to the Buyer,
Payment issues of the Order of the Work to the Artist.
ARTICLE 4 – OPERATION OF THE SITE
Artists may set up a Shop on the Site if they order a Subscription.
Only Artists with a Subscription may propose Works within a Boutique, subject to validation of the works put on sale by Design by Jaler.
Buyers must create a User Account on the Site to Order the Works.
ARTICLE 5 – WORKS
5.1. Works of art
Works sold on the Site are works of art within the meaning of Article 98A of Appendix III of the CGI (including, but not limited to, paintings, sculptures, photographs, etc.) .
They are put on sale by the Artists authors of the Works presented. Works are said to be original in the sense of the droit de suite.
Each artwork offered for sale is described on its sheet on the Site and in the Boutique of the Artist.
5.2. Certificate of authenticity
The Artist undertakes for any Work sold on the Site, to accompany the delivery to the Buyer of a certificate of authenticity of the Work and containing at least the following information:
Title of the work:
Professional number: [SIRET …]
Technique and materials:
Year of realization:
Location of the signature:
Identification number: [for a work belonging to a series]
The Artist is solely responsible for the content and legality of the certificate of authenticity vis-à-vis the Buyer and third parties.
The responsibility of Design by Jaler can not be engaged in this respect.
5.3. Compliance and warranty on the Work
The Artist guarantees the quality and the conformity of the Works that he puts online on the Site to the description and images that he provides in the Worksheet on the Site.
The characteristics and images representing the Works are provided by the Artist, who is solely responsible for any difference between the Work as presented on the Site and the Physical Work.
As such, the Artist agrees to:
Upload only original Works, which he guarantees to be the author or on which he has all the necessary intellectual property rights;
To put online only Works which he guarantees to have free disposal (without contract of sale or exclusivity in favor of a third party) and that it can yield freely;
Not to make false or uncertain allegations, to mislead the Purchasers concerning the Works posted on line;
Not to use the Services of the Site to distribute Works illicit or struck by any prohibition to the sale;
Inform Design by Jaler as soon as possible of any difficulty, dispute, dispute that may arise between the Artist and a Buyer as a result of the use of the Services;
Keep the personal data of the Purchasers transmitted by Design by Jaler secret and to use it only in the strict necessity of the Service, to the exclusion of any other use.
To publish on the Site and on its profile only photographic images, texts and contents on which it guarantees to have the rights of use required allowing him to make use of the Services.
The Artist agrees, in case of valid implementation of a request / or dispute of the Buyer as part of his right of withdrawal and the legal guarantee of non-compliance / hidden defect, to make every effort to satisfy the request of the Buyer in accordance with the legal provisions and to make, if necessary, any refund of sums due to the Purchaser author of the request.
As a result, the Artist expressly authorizes Design by Jaler, where applicable, to proceed with the refunds of sums due to the Buyer using any sums that would be due by Design by Jaler to the Artist as part of the sales of its Works and whose sums have not yet been donated by Design by Jaler to the Artist.
In case of non-repaired default, Design by Jaler reserves the right to close, without notice, the account of the Artist who will no longer have access to his personal interface. The Artist will not be able to engage the responsibility of Design by Jaler as such or ask for any compensation.
ARTICLE 6 – ARTIST INTERFACE
6.1. Artist account
The Artist wishing to register on the Site must send his request to Design by Jaler by means of the form for this purpose appearing on the website www.design-by-jaler.com or by mail to contact @ design-by- jaler.com.
Design by Jaler will then contact the Artist to validate his profile and the works concerned.
Design by Jaler is under no obligation to accept the Artist’s application for registration and remains entirely free of its decision.
In the event of validation and after signature of the conditions of marketing (hereinafter “Specific Conditions of Marketing”) between Design by Jaler and the Artist, an Artist Account will be opened in the name of the Artist to allow to put on line its Works on the Site, in accordance with the validation procedure by Design by Jaler.
The personal interface of the Artist Account allows the Artist to manage and know the sales status of his Works.
6.2. Validation of works put on sale by Design by Jaler
The Site is a platform for the sale of original works of art to a selective and demanding clientele. For this purpose, the Works proposed by the Artists must correspond to the level of requirement of the Site and be expressly validated by Design by Jaler.
Authorization for Sale
The sale of Works on the Site is subject to prior authorization and validation by Design by Jaler of the Works whose online release is desired.
Before any sale of Artwork on the Site, the Artist will submit his Work accordingly to the validation of Design by Jaler.
The Artist agrees to respect the graphic chart of the photographs of the Works posted on the Site which appears in the Specific Conditions of Marketing signed between each Artist and Design by Jaler
The Artist is prohibited from broadcasting any Work not previously validated by Design by Jaler.
Design by Jaler reserves the right to refuse any work in a discretionary manner, as Design by Jaler will judge that the Work does not fulfill the quality requirements required by the Site.
Design by Jaler also reserves the right to remove a Work from the Site if it no longer meets its quality requirements. In this case, Design by Jaler must however notify the Artist by email or any other written means no later than twenty-four (24) hours before deletion.
The posting of an unauthorized Work is a reason for the exclusion of the Artist of the Site without any notice being necessary, and without any refund of the Subscription being requested by the Artist.
Information provided by the Artist
The Artist undertakes to keep the information transmitted to Design by Jaler up to date for the opening of his Artist Account, and to inform Design by Jaler without delay of any change that may affect the latter.
The Artist warrants that all information provided to Design by Jaler is accurate, up-to-date and truthful.
6.3. Indisponibilité de l’Oeuvre
En cas d’indisponibilité de l’Oeuvre du fait d’une vente réalisée par d’autres canaux de vente, l’Artiste s’engage dans un délai qui ne saurait excéder huit (8) heures suivant la vente, à :
en informer Design by Jaler par mail à firstname.lastname@example.org
à indiquer sur la page de l’Oeuvre que celle-ci a été vendue, ou de demander à Design by Jaler de le faire si cela lui est impossible sur son Compte Utilisateur.
ARTICLE 7 – BUYER INTERFACE
The Website is free of charge and free of use to any Buyer.
The Buyer acknowledges that the sale is between the Buyer and the Artist, Design by Jaler offering only a technical platform for linking Artists and Buyers. Consequently, the Purchaser is solely responsible for ensuring, if necessary, the authenticity of the Works he acquires through the Site.
The Purchaser will have to ensure itself the authenticity of the Work, and require, if necessary, a certificate of authenticity as well as an invoice to the Artist when these elements have not been provided.
The Buyer, if he is a professional, is solely responsible for the implementation of the resale right if he decides to proceed with the resale of the Work at a later date.
Works on the Site are put on sale by Artists and not by Design by Jaler.
Each Buyer must open a Buyer Account before ordering a Work.
Each Buyer may only create one account on the Site.
Each Purchaser must register online and provide information enabling Design by Jaler to proceed with the creation of its Buyer Account.
After registration, the Buyer receives a validation email and information communicating his credentials.
ARTICLE 8 – ORDERING A WORK ON THE SITE
8.1. Order Process by the Buyer
The stages of the Ordering of a Work on the Site by the Buyer are as follows:
Creation of a Purchaser Account by the Buyer if it is a first Order or connection to its Buyer Account if it already exists,
Choice of the Work that the User wishes to Order,
Carton, which displays a summary of the Order,
Validation of the basket by clicking on the validation button,
Provision of Buyer’s identification and billing information,
Choice of billing method of the Order,
Visualization of the summary of the Order before final validation,
Acceptance of the GC,
Validation of the Order and payment,
Sending an order confirmation email by Design by Jaler,
Transmission of the Order to the Artist,
Preparation and shipping of the shipment by the Artist or, if necessary, the Artist contacts the Buyer to set the terms of delivery.
The coordinates and information of the Buyer, must be up to date and real. The responsibility of Design by Jaler can not be engaged by the Buyer or the Artist in case of error on the part of the Buyer.
The delivery of the Order to the Buyer is accompanied by the invoice concerning the latter and summarizing the details concerning the price of the Order.
The Artist is strictly responsible for the smooth running of the Delivery. The responsibility of Design by Jaler can not be engaged in this respect.
Delivery to the address specified by the Buyer
The delivery of the Works ordered by the Buyers is done by the Artist.
Works are delivered according to the indications and address provided by the Buyer at the time of the Order.
The Artist, subject to the validation of the Order by Design by Jaler and the issue of the corresponding payment by the Buyer, routes the Work to the Buyer.
Design by Jaler, informs the Artist by mail upon receipt of payment of the Order of the Work by the Buyer.
This information includes the data communicated by the Buyer, under his own responsibility, concerning the place of delivery of the Order.
From this information, the Artist agrees to perform the shipment of the Work ordered within seven (7) days of receipt of information relating to the Buyer.
The Artist is responsible for the successful completion of the delivery including the packaging and protection of the Work during its transportation as well as the respect of the delivery deadlines.
The Artist acknowledges that the Works are carried at his own risk.
In order to allow the Buyer to follow the progress of the delivery of his Order in progress, the Artist undertakes to send to Design by Jaler, who will inform the Buyer, the information relating to the delivery of the Order as soon as it is known of such information and comprising in particular:
The name of the transport company chosen;
The parcel number of the Order (s) shipped;
Delivery times communicated by the carrier.
The risks on the Work are transferred by the Artist to the Buyer upon signature of the delivery report. The property of the Work is transferred to the Buyer by the Artist upon receipt of payment by Design by Jaler.
Removing the Work from the Artist or in Gallery
When choosing the method of delivery, the Buyer may choose the direct withdrawal of the Work from the Artist when this delivery method is possible.
This method of delivery does not imply shipping costs for the Buyer. The Buyer is informed of the point of withdrawal of his Order as well as the delays of this withdrawal at the time of validation and payment of the Order.
The Buyer must contact the Artist to arrange an appointment for the withdrawal of his Order.
This appointment may take place in a gallery, instead of activity of the Artist or any other place on which the Artist and the Buyer will agree.
The Artist before handing over the Order to the Buyer must check:
that he has received by Design by Jaler, the confirmation of payment of the Order concerned;
the identity of the Buyer;
In accordance with Article L216-2 of the Consumer Code, if the Buyer has not received the Ordered Work within thirty (30) days of the Order, the Buyer undertakes to inform Design by Jaler by sending an email to email@example.com and to grant reasonable additional time to allow the Artist to perform.
At the end of this period, when the Artist can not establish having delivered the Order and if the non-delivery is not imputable to the Buyer (in particular, without being limited, transmission of an erroneous address or absence and non-withdrawal of the Order), the Buyer may cancel the Order, in writing, by contacting Design by Jaler directly by email at firstname.lastname@example.org
Design by Jaler will make contact with the Artist to inform him of the cancellation of the Order and the return of the sums collected to the Buyer.
If the payment has already been paid to the Artist by Design by Jaler, the Artist agrees to refund the Order to the Buyer within seven (7) days.
Design by Jaler will then be able to take all the necessary measures vis-à-vis the Artist if such a cancellation causes him harm. It may, in particular, without notice, close the Artist Account without liability being incurred.
8.3. Error in the Order
Design by Jaler will in no way be responsible for errors of seizure, of any kind, by the Buyer during the Order, nor of their possible consequences.
Design by Jaler and the Artist will be under no obligation to accept a cancellation or modification without charge of the Order in case of error.
8.4. Refusal of the Order
In accordance with Article L 121-11 of the Consumer Code, Design by Jaler reserves the right to refuse any order to a consumer for legitimate reasons, particularly in the case of payment problems, problems with the provision of incomplete information. and / or imprecise by the Purchaser, the amount of Abnormally High Orders or Orders placed in bad faith.
Design by Jaler will archive the Orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of the article L221-1 of the Code of the Consumption. The computerized registers will be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.
ARTICLE 9 – FINANCIAL TERMS APPLICABLE TO SUBSCRIPTIONS
The Specific Conditions of Marketing concluded between the Artist and Design by Jaler may derogate from this Article or supplement it.
Unless otherwise stated in writing, the prices of the Subscriptions appearing on the pages of the Site are prices understood in Euros excluding taxes (HT).
Design by Jaler reserves the right to pass on any change in the VAT rate to the price of Subscriptions.
Design by Jaler also reserves the right to change prices at any time. Nevertheless, the price appearing on the Site on the day of the Subscription Order will be the only one applicable to the Artist. The new prize will only be applicable to renewal of the Subscription, at the end of the Artist’s commitment.
9.2. Annual billing
Subscriptions are billed annually, without commitment.
ARTICLE 10 – FINANCIAL TERMS APPLICABLE TO WORK ORDERS
Unless otherwise stated in writing, the price of the Works appearing on the pages of the Site are prices understood in Euros excluding taxes (HT).
This price is set by the Artist.
The price appearing on the Site on the day of the Order of the Work will be the only one applicable to the Order.
The price does not include shipping costs. The delivery costs are then communicated to the Buyer in addition to the price during the validation of the Order.
10.2. Customs and taxes
When the Buyer orders Works on the Site, for a delivery outside Metropolitan France, this Order may be subject to import duties and taxes, collected when the parcel arrives at its destination.
Any additional customs clearance costs are deemed to be borne by the Buyer; Design by Jaler and the Artist have no control over these costs and can not bear the financial burden.
Customs policies vary greatly from one country to another, so it is up to the Buyer to contact the local customs service for further information regarding any taxes or duties due.
In this respect, the Purchaser is deemed to be the official importer of the Works he acquires on the Site and undertakes to comply with all the laws and regulations of the country in which he receives the Works.
ARTICLE 11 – PAYMENT AND INVOICING
11.1. Collection order
Design by Jaler collects the price of works sold in the name and on behalf of the Artist plus the delivery costs.
Design by Jaler will return the sale price to the Artist according to the terms and conditions agreed in the Specific Conditions of Marketing.
The Artist gives Design by Jaler a mandate to draw up invoices for the sale of his works on his behalf.
In this regard and in accordance with the tax provisions in force, it is recalled that the Artist, as the principal, retains full responsibility for its accounting and tax invoicing obligations and its consequences with respect to VAT.
It is expressly reminded that the billing mandate granted to Design by Jaler does not exonerate the Artist regarding his tax obligations.
The Artist thus undertakes, throughout the use of the Services, to respect the legal provisions in force and to perform all the formalities, administrative, fiscal and / or social and to pay any contributions, taxes or taxes made necessary through the use of the Services. The lack of respect of these legal provisions and formalities by the Artist will not engage the responsibility of Design by Jaler.
The Artist declares to be perfectly aware that the invoices issued in his name and on his own account must bear the same mentions as if they were issued directly by himself.
The Artist undertakes to promptly inform Design by Jaler of the mandatory information concerning him to appear on the invoices. Otherwise, Design by Jaler can not be held responsible if a mandatory mention is not included on the invoice.
It is expressly agreed that the Artist releases Design by Jaler from any liability for any outstanding payments found after the sale of his works.
11.2. Payment method
The User may pay by credit card or any other means provided by Design by Jaler on its Site.
The User warrants to Design by Jaler that he holds the credit card or the means of payment used for payment of the Order and that he has sufficient funds to fully cover the payment of his Order.
Subscriptions will be debited at the beginning of Subscription.
If it is impossible to debit the sums due in payment of the Order, for any reason whatsoever, the Order will be canceled, without prejudice to damages that may be requested by Design by Jaler to compensate for its damage.
Payments are made through secure transactions provided by a state-of-the-art online payment platform provider.
Design by Jaler has no access to any data relating to the means of payment of the User except the latest digits of his credit card, or any other means of identification of his method of payment. Payment is made directly to the bank or payment provider.
11.3. Late payment
Any late payment may result in the billing of late penalties without any prior notice being required. The rate of these penalties is equal to three times the legal interest rate. An amount of forty (40) euros may also be invoiced for recovery costs.
Late interest charges and collection fees do not prohibit Design by Jaler, at its discretion, from taking legal action to obtain additional damages.
In the event of a payment incident, Design by Jaler reserves the right to cancel the Order immediately and without notice, without the User being able to claim any compensation or incur the liability of Design by Jaler.
11.4. Work unavailable
If the Work is unavailable for the Order, the Artist agrees to immediately inform Design by Jaler, who will inform the Buyer as soon as possible.
In case of payment issued on the basis of a Work unavailable, the price issued by the Buyer will be refunded in full as soon as possible after the confirmation of unavailability of the Work by the Artist.
Design by Jaler will in no way be liable if the Artwork is unavailable, since the Site is intended to connect Buyers and Artists for the purchase of Works that are unique by their nature. No compensation can be asked for as such by the Buyer.
ARTICLE 12 – WITHDRAWAL AND LEGAL GUARANTEES
In accordance with Article L.221-18 of the Consumer Code, for any Order for a Work made with an Artist established in the European Economic Area, the Buyer who is a national of the same zone has a deadline fourteen (14) working days from the date of receipt of the Work to retract.
In order to exercise his right of retraction the Buyer can either:
Fill out a form for this purpose made available on the Site, at the following address: PDF Form
Send an email to Design by Jaler at: email@example.com
The Buyer will inform Design by Jaler, who will then inform the Artist.
The Purchaser will be required to return the Work not suitable to the Artist, at his own expense.
The work must be returned in perfect condition and in its original packaging.
If the previous obligations are not respected, the Buyer will lose his right of withdrawal and the Work will be returned to him at his expense.
The transfer of risks will be made at the signing of the receipt of the Work by the Artist, after verification of its condition.
The Artist undertakes to refund the Order in case of exercise of the right of withdrawal by the Buyer. The reception of the refund by the Artist will transfer again the ownership of the Work to the Artist.
The refund, without penalty and with the exception of the expenses of return, will be carried out by the Artist by any means, in the fourteen (14) days following the reception of the Work by the Artist.
In case of depreciation of the Work resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of the Work, the responsibility of the Purchaser may be engaged.
In addition, for any purchase made from an Artist who is not a member of the European Economic Area or if the Buyer is not himself a national of this zone, this right of withdrawal is not applicable.
12.2. Legal guarantees
The Works marketed by the Artist are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly articles L.211-4 to L211-14 of the Consumer Code (guarantee of non-compliance) or articles 1641 to 1649 of the Civil Code (guarantee of hidden defects).
The Artist is bound to deliver a good in accordance with the indications that it provides on the sheet of the Work and answers for the defects of conformity existing at the time of the delivery of the Work to the Buyer.
We speak of a lack of conformity when:
The property is unsuitable for the customary use of a similar good;
The property does not correspond to the description given by the Artist;
The property does not have the qualities announced by the Artist or agreed with the Buyer;
Given the peculiarity of the product which is a work of art, the Buyer acknowledges that the lack of conformity can be based only on objective elements (damaged work, Work obviously different from its sheet on the Site, etc … ) to the exclusion of any subjective appreciation of the qualities of the Work.
However, the Purchaser can not challenge compliance by invoking a defect he knew or could not ignore when he contracted.
In case of non-compliance of the Works or application of the guarantee of hidden defects, the Buyer must inform the Artist directly.
Design by Jaler will not be party to this procedure and will not engage its responsibility towards the Buyer and the Artist in this context.
The Buyer may then, at his choice:
To be reimbursed the Order price of the Work with restitution of the Work by the Buyer at the expense of the Artist.
Either agree on a new price and a partial refund of the price by the Artist.
The Customer has a period of two (2) years from the Order to implement this guarantee.
ARTICLE 13 – OTHER SERVICES OFFERED BY DESIGN BY JALER
13.1. “Exhibitions” service
Design by Jaler provides a Service enabling Artists, whether or not they have a Subscription on the Site or not (hereinafter the “Exhibitors”), to be exhibited in galleries or other partners.
The rates for this Service are posted on the Site. Exhibitions Service is a flat-rate, unitary Service (the Order includes a limited number of exhibitions). The other applicable financial and commercial terms are those described for subscriptions within the GTC.
To be exposed, the Exhibitor must create a User Account on the Site.
Exhibitors order the Service in accordance with the order procedure described in the GC.
Due to a limited number of places within the partner galleries, Design by Jaler does not undertake to expose the Exhibitors to a specific date or in a specific place. The Service includes only an exhibition service at one of Design by Jaler’s partners, at a date to be determined.
Design by Jaler has the right to refuse an Exhibitor discretionarily if it does not correspond to the expected level of quality or its exhibition policy. The Exhibitor will have no recourse in case of refusal of Design by Jaler. In case of refusal, Design by Jaler will proceed to a full refund of the amount paid for this Service by the Exhibitor, within a period of fifteen (15) days from the decision of refusal.
In case of withdrawal of the Exhibitor, for any reason, it can not request any refund Design by Jaler, and can not engage the responsibility of it for any reason. If this disclaimer causes damage to Design by Jaler, it may implement any action necessary to engage the responsibility of the Exhibitor and obtain compensation.
As part of this Service, the responsibility of Design by Jaler will be limited to the direct damage caused to the Exhibitor during the presentation of the Exhibitor and the Gallery.
Liability shall be limited to the amount of the sum paid by the Exhibitor.
13.2. Marketing Service “
Design by Jaler also provides Marketing Services specific to the Artists registered on the Site.
Artists are invited to contact Design by Jaler at the contact address appearing on the Site, in these GTC or via the dedicated form on the Site.
Design by Jaler will be able to provide an estimate to the Artist on request. The terms and conditions applicable to the marketing services will then be defined between the Parties specifically for these services.
ARTICLE 14 – CUSTOMER SERVICE
The customer service of this Site is accessible by email at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notice of the Site.
Design by Jaler also offers its users a hotline, or hotline, to answer their questions. The hotline can be contacted by phone at +33 (0) 1 45 93 18 93 from Monday to Saturday from 9:00 to 19:00.
ARTICLE 15 – LIABILITY
15.1. Dispute between Artist and Buyer
In case of finding by the Buyer, at the time of receipt, a non-conformity or a deterioration of the Works Ordered, the Buyer undertakes to report it to Design by Jaler as soon as possible after receipt of his Order.
The same applies in the event of a complaint or litigation relating to the latter, in order to allow Design by Jaler, where applicable, to intervene for the amicable resolution of the Purchaser’s claim.
Design by Jaler, however, is not obliged to find an amicable solution to the dispute and does not incur contractual and financial responsibility if this proves impossible.
Consequently, the Parties make their personal case for the resolution of any disputes that may arise between them resulting from the sale of Works on the Site.
15.2. Articulation of responsibilities
The Artist and the Buyer acknowledge that they contract directly with each other during a Work Order on the Site, Design by Jaler acting solely as a supplier of a technical platform for linking the Artist and Buyer.
The Buyer and the Artist therefore acknowledge that Design by Jaler does not bear any liability and is in no way Party to any disputes that may arise between them as a result of the sale of a Work on the Site.
Explicitly, the Artist and the Buyer exonerate Design by Jaler of any responsibility for disputes or claims that may arise between them, due, in particular, without this list being exhaustive:
the non-delivery or delay in the delivery of the Controlled Works;
non-compliance of the works delivered;
the substantial and intrinsic quality of the works delivered;
the exercise of the right of withdrawal or the guarantee of hidden defects;
the ownership of the Artist on the Works sold to the Buyer, in particular on the intellectual property relating to the Works.
The Artist and the Buyer acknowledge that Design by Jaler is not credited as part of the Services.
The Artist and the Buyer further acknowledge that Design by Jaler assumes no responsibility for the content, data and information provided by the Artist and disseminated via the Site.
The Artist and the Buyer are bound by the legal and regulatory provisions in force.
15.3. Responsibility of the Artist
The Artist assumes full responsibility for the Works (availability, conformity, quality, delivery, etc.) that it sells through the Site.
The Artist must ensure that the storage and distribution of the content that it uploads via the Site does not constitute a violation of the rights of third parties for which it does not have the necessary authorizations.
The putting on line of contents likely to attack to good morals or the public order is forbidden.
In particular, it is forbidden to use the Services to broadcast content or information that incites discrimination, hatred or violence against persons because of their belonging to a race, religion, nation or insulting. victims of crimes against humanity by challenging the existence of these crimes or by apologizing for them. It is also prohibited the dissemination of humiliating or defamatory content as well as pornographic content or infringing the legal provisions relating to the protection of children.
In case of diffusion of content in violation of the prohibitions mentioned above the content of the Artist will be removed and its Artist Account will be closed, without notice and without the responsibility of Design by Jaler can not be engaged.
Finally, the Artist acknowledges that he is solely responsible for the protection of intellectual property rights on the Works posted on the Site.
15.4. Responsibility of Design by Jaler
The responsibility of Design by Jaler is limited to its activity of providing a technical platform. Only direct damages resulting from the technical elements of the Site may give rise to the liability of Design by Jaler.
Design by Jaler can not be held responsible for any indirect damage resulting from the visit of a User or that of third parties on the Site, the use or the impossibility for a User to use the Site or its contents .
This limitation of liability applies to all types of consequential damages, including but not limited to, operating losses, loss of sales, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of savings expected, damage to image and notoriety, loss of luck.
Design by Jaler will also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information on the Site, unless the damage is the result of a deliberate act or a serious negligence of the part of Design by Jaler.
Design by Jaler, as a content host, assumes responsibility only for the respect of the legal provisions regarding personal data and for the removal of any content that is clearly illegal, since the existence of this content will have been made known to the contact address provided within the GTC.
Due to its role as a technical provider, the responsibility of Design by Jaler is limited:
Vis-à-vis the Artists, the annual value of the Subscription,
Vis-à-vis the Buyers, to the sum of one hundred (100 euros).
ARTICLE 16 – USER GUARANTEES
By consenting to these Terms and Conditions, the User agrees to guarantee and indemnify Design by Jaler against any action or claim by a third party because of its use of the content, the Site, or its non-compliance with one of these CG.
The Artist certifies to hold the exploitation rights of the images and texts that he communicates to Design by Jaler and puts on line on the Site. It guarantees, in this respect, Design by Jaler, against any action of third parties, especially any action in counterfeit, because of this use on the sites of Design by Jaler.
As such, he undertakes to cover all damages and interest to which Design by Jaler could be condemned as well as the legal costs and fees incurred by Design by Jaler in this respect.
Design by Jaler will inform the User as soon as possible of such a claim or legal action.
Design by Jaler reserves the right, at its choice and at its expense, to participate in the defense and / or amicable settlement of a claim or to assume alone the defense and control of the procedure, without releasing the User its obligations of compensation.
The User agrees not to accept an amicable solution that would call into question the responsibility of Design by Jaler or place an obligation on him or her, without the prior written consent of Design by Jaler.
ARTICLE 17 – GENERAL CLAUSES APPLICABLE TO THE SITE AND THE USER ACCOUNTS
17.1. Use of the Site
Access to the Site may be restricted at any time to allow the maintenance, repair or update of the Site.
Design by Jaler does not undertake any obligation of quality of service for its Site, and will make only its best efforts to ensure that it is accessible.
Design by Jaler, however, undertakes to inform the Artist within a reasonable time of any interruption of the Services scheduled for reasons of maintenance, security or storage management. The foreseeable duration of the interruption will also be communicated to the Artist.
Similarly Design by Jaler undertakes to inform the Artist as soon as possible in the event of a malfunction that may result in a total stoppage of the Service for more than twenty (20) minutes.
Design by Jaler ensures the secure use of the Site. However, faced with the nature of the Internet, Design by Jaler can not guarantee an absolute security of the Site and is held only by an obligation of means.
17.2. Links to third party sites
The Site may contain links to third-party sites as well as articles, photographs, text, graphics, images, design elements, music tracks, sound files, video sequences, information, applications, software and other content or elements belonging to third party or emanating from them.
Design by Jaler does not guarantee the accuracy, suitability or completeness of third party sites or third party content,
Design by Jaler can not be responsible for the content, accuracy, offending, opinions, reliability, privacy practices and other practices of third-party sites or third-party content. ,
Access to third party sites from the Site or the use of third-party content is at your own risk and according to the responsibility of Users.
Design by Jaler will in no way be held responsible for any damage, direct or indirect, caused by third party sites to Users.
17.3. Login and password
The User will proceed to the creation of a User Account, choosing his username (email address) and a password.
The User must also provide information allowing the execution of the Services and in particular, his name as well as his first name, his postal address, his email address necessary for the confirmation of the Order as well as his telephone number.
This User Account will be used by the User to access his account on the Site.
The User is responsible for providing a strong and sufficiently complex password. Design by Jaler
will be able to access the User Account by a third party, by a brute force attack.
17.4. Use of the User Account
The User is responsible for the security and use of the username and password of his account. The User must in particular ensure that they are used in accordance with these GTC.
Design by Jaler will not be liable for any use of the User Account by the User or a third party, and will not be liable for any damages caused by such use.
If the User realizes that his Account is compromised or used without authorization, or any other security issues related to his account, he must inform by Jaler as soon as possible.
Design by Jaler will not be responsible if it is impossible to access the site.
Design by Jaler may, however, at any time, in the absence of a counterclaim, in the case of a breach of GC, without any compensation or refund by the User. The responsibility of Design by Jaler can not be found in this respect. However, Design by Jaler may incur the responsibility of the User and claim damages in that respect, if he has not complied with these GTC.
The User undertakes not to act in the following manner, without this list being exhaustive:
Act in a manner that could compromise the operation of the Site,
Attempt to access the User Account of a third party,
Attached to access servers (except normal use of the Site) or computers of the Design by Jaler network,
Attempt to upload viruses, Trojans, or any other invasive or illegal program on the Site or its servers,
Extract data from the Site without a prior written permission from Design by Jaler,
Use the Site in an Unlawful Manner or In violation of these GTC or any applicable law.
17.6. User Account Data
The User undertakes to provide information on his User Account, which information is used for the execution of the Services.
The User may also request the deletion of his User Account, in accordance with his right of access and rectification from the Data Protection Act. In this case, the User Data will be deleted by Design by Jaler.
ARTICLE 18 – INTELLECTUAL PROPERTY
Texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site, are:
the property of Design by Jaler, or;
if applicable, the property of a third party who has provided a license for use to Design by Jaler.
These elements are protected worldwide.
These GTC do not grant any intellectual property rights to the User, who may not reproduce any of the elements of the Site, in part or in whole, without the prior written consent of Design by Jaler.
Any partial or total reproduction of these elements may constitute an infringement. Design by Jaler reserves the right to take any action that would be necessary to assert its rights and to repair its damage.
Works are the property of the Artist.
The Artist assigns however to Design by Jaler a license to exploit the rights listed below, for the whole world and for all its duration of registration on the Site.
This right of exploitation covers all the contents relating to the Artist and the Work, provided by the Artist on the Site, and includes:
Right of reproduction: right to reproduce, print and publish all content related to the Artist and his Work (texts, photographs, videos, sound …) provided by the Artist in this respect, by any technical means whatsoever, in any or any part, in any format, by any process and on any medium, in particular, paper and its derivatives, subject in any material, digital medium, computer, magnetic, optical, chemical, video, current or future, and without this list being limiting.
Right of representation: right to communicate all content relating to the Artist and his Work (texts, photographs, videos, sound …) provided by the Artist as such, directly or indirectly to the public, by way of exhibition, display, publication, broadcasting (over-the-air, cable or satellite), including closed-circuit broadcasting, transmission in a public place, projection and cinematographic and videographic broadcasting, dissemination at public or event events, broadcast on the Internet and any type of related network, without this list being limiting.
This right of exploitation is assigned to Design by Jaler for the sole purpose of allowing the promotion, advertising and marketing of Works on the Site or any other Service provided by Design by Jaler, as well as any catalog, poster, leaflets , mailing or any other marketing tool created by Design by Jaler for this purpose, on any existing or future medium.
This license finally allows Design by Jaler to modify the content provided by the Artist in order to respect the graphic charter of the Site.
The Artist expressly authorizes Design by Jaler to use as a reference in his communications his name and / or logo as well as that of his works and the photographs on which they appear. This authorization applies in particular to all commercial communications by Design by Jaler and whatever the medium, for the duration of the GTC.
ARTICLE 19 – PERSONAL DATA
Design by Jaler collects and processes Users’ personal data.
The User is fully aware that personal data submitted directly or indirectly to Design by Jaler will be subject to automated processing.
Design by Jaler has made a declaration to the CNIL under number 2040469 v 0, in accordance with its obligations under Law 78-17 Informatique et Libertés, of January 6, 1978.
The personal data collected is stored within the European Union by a provider who applies industry standards for computer security.
19.1. Personal data collected
The personal data collected are those which are necessary for the good management of Orders, Services and the use of the Site: identity, contact details (address and contact), means of payment.
More specifically, personal data can be collected as follows:
When the User voluntarily completes forms on the Site,
When using the Site,
When the User orders a Work or a Subscription on the Site,
When the User contacts Design by Jaler for a problem with the Site or any other reason,
During transactions and Orders made through the Site.
The personal data collected may be the following:
Contact information and information of the user (name of the company, name of the user, email address, telephone number, age / date of birth, address),
User login information (IP address, browser type …),
Billing information of the User (contact information, last four digits and type of payment method),
Details of visits to the Site, including cookies, which includes for example: amount of data received, place of connection, page views,
Information exchanged on the Site.
19.2. Use of personal data
This data can be used to:
to inform the Users of the commercial offers and future events of Design by Jaler,
to allow payment and management of Orders,
to manage Subscriptions,
to allow to administer the User Accounts,
to verify the identity of the Users,
to allow the user follow-up in the event of an incident,
to obtain a User feedback on the Service provided,
to improve the service provided,
to notify the User in case of modification of the Site or these GC.
The User’s data may thus be provided to the payment provider for the sole purpose of paying the Order.
The personal data collected will not be resold by Design by Jaler, nor provided to a third party, in the absence of explicit prior authorization of the User.
Session cookies and activity tracking can also be deposited during the visit of the Site to improve the user experience, establish attendance statistics, provide a User Account, implement measures of security, to adapt the Site to the access terminal. The User has the option to refuse the installation of cookies during the first visit of the Site.
19.3. Rights of the User
In accordance with the Data Protection Act, the User has the following rights:
Permission to access,
Right of rectification and modification,
Right of opposition.
The User may exercise these rights by contacting Design by Jaler at the contact address appearing in these Terms and Conditions or on the Site.
Design by Jaler will run within a maximum of two (2) months from receipt of the User’s request.
ARTICLE 20 – GENERAL
20.1. Mediation for Users located in France
In accordance with the provisions of Articles L612-1 and following of the Consumer Code, the Consumer User has the possibility, in case of dispute with Design by Jaler, to make free use of the Consumer Mediator of the e-commerce sector, whose contact details can be found on the following page:
20.2. Entire agreement
These GC prevail over any other provision potentially applicable to the relationship between Design by Jaler and the User. These Terms and Conditions supersede and replace any prior commitment by the Parties to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.
By way of derogation, it is however expressly understood that the Specific Conditions of Commercialization will complete the legal relationship between the Artist and Design by Jaler, and will be of superior value to these GTC.
With the exception of the temporary exclusivity of sale of the Works proposed by the Artists on the Site agreed in these GTC, no exclusivity is concluded between the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.
20.9. Force Majeure
In the context of the execution of these GTC, Design by Jaler will not be held responsible for any failure to perform its obligations due to any Force Majeure event.
For the purposes of these GTC, Force Majeure means any unforeseeable event, irresistible and external to the Parties within the meaning of French law and jurisprudence.
In the event of a case of Force Majeure, this will have the effect of suspending the performance of the obligations of Design by Jaler, which will do its best to limit the consequences and resume the performance of the GC upon the disappearance or cessation of the event or circumstances of force majeure.
20.10. Applicable law and competent jurisdiction
The law applicable herein is the French law, regardless of the country of origin of the User.
Any dispute relating to the execution or interpretation of these GTC, not resolved amicably between the Parties, will be submitted to the competent court within the jurisdiction of the Court of Appeal of Paris, including in matters of interim relief. a warranty claim or a plurality of defendants, and regardless of the country of origin of the User.