General terms and conditions

General terms and conditions




The present General Conditions (hereinafter the "GC") define the conditions and terms according to which the company Design by Jaler Société par Actions Simplifiée (SAS) with a capital of 1. 500 €, company registered in the RCS of Paris under the number 820 920 734 and whose head office is located at 51 Avenue Daumesnil - 75012 PARIS (hereinafter "Design by Jaler") will provide Users with access to the Site, will organize the intermediation between Artists and Buyers in order to allow the latter to acquire the Artists' Works, and their contractual relationship.

ARTICLE 1 - DEFINITIONS

In the remainder of these GTCs and any other contractual document related thereto, the terms whose first letter is capitalized shall have the following meaning, in the singular and plural: "Subscription(s)": the subscriptions of the Artists on the Site, in order to put the Works on sale on the Site and to have a Shop ; "Buyer(s)": the natural or legal person purchasing Works on the Site; "Artist(s)": the artist putting his or her Works on sale on the Site; "Store": the Artist's store on the Site, allowing him or her to put his or her Works on sale; "Order(s)" or "Order": the act, for the User, of ordering a Work or a Subscription on the Site; "User(s) Account(s)": the User's account on the Site, accessible via his/her login and password, and containing his/her personal information as well as his/her history on the Site, including the Works purchased as well as all his/her Orders; "Buyer's Account(s)": the Buyer's account on the Site; "Artist(s) Account(s)": the Artist's account on the Site; "Party(ies)": Design by Jaler and/or the User, whether he/she is a Buyer or an Artist; "Work(s)": the works of art put on sale on the Site by the Artists; "Service(s)" : the technical platform of Design by Jaler, made available to the Users, through the Site, or any other Service provided by Design by Jaler; "Site" : the website design-by-jaler.com and all its pages, property of Design by Jaler, as well as any other support for displaying the Services offered by the company Design by Jaler (for example a mobile application); "User(s)" : the Internet user, Artist or Buyer, using the Site; The User visiting the Site and using the Services is invited to read carefully these GTC, to print them and/or to save them on a durable support.

PRODUCTS
The products governed by these General Conditions are works of art within the meaning of Article 98A of Annex III of the French General Tax Code (paintings, sculptures, photographs, hereinafter referred to as the "work(s)"...), offered for sale by the Artists who are the 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 sheet of the Work on the Website www.design-by-jaler.com.

ARTICLE 2 - APPLICATION OF THE GC AND PURPOSE OF THE SITE

2.1. Application and modification of the GTC
Design by Jaler reserves the right to modify at any time the T&Cs by publishing a new version of them on the Site, by notifying the Users by email or by a notification at their next connection on the Site. In the absence of acceptance of the modified T&Cs, Users may exercise 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 at the date of use. The GTC applicable to an Order for a Work or a Subscription are those in force at the date of the Order for the Work or the Subscription. These GTC are applicable to all Users of the Site, regardless of their country of origin and visit. The GTC are applicable for the entire duration of use of the Site by the User, as of the date of acceptance. In the event 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 bringing together 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 role of intermediation between the Users. Design by Jaler does not intervene in the contractual relationship between the Buyer and the Artist.

2.3. Acceptance of the GTC The registration on the Website and its use imply the acceptance without reserve, by the User, of the entirety of these GTC, who acknowledges having fully understood them. This acceptance will be expressed by checking the box corresponding to the sentence of acceptance of these GTC during the registration or use of the Site, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.

2.4. Legal capacity Acceptance of these GTC and registration on the Site presuppose that the User has the legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative. If acceptance of the GTC is made on behalf of a company or other legal entity, the User declares and warrants that he/she has the right to bind the company or other legal entity to these GTC. In this case, the term "User" will refer to the company or legal entity. If Design by Jaler is informed that a User does not have the legal capacity, his User Account can 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 regulation. Consequently, Design by Jaler cannot be held responsible, if a User located outside the French territory consults the Site or uses the Services, in case of non-compliance with the applicable foreign regulations. The Users must in particular take note of the local and national laws in order to make sure that they respect them by using the Site and the Services.

ARTICLE 3 - RELATIONS BETWEEN THE PARTIES

Users acknowledge that the Website is an intermediation platform enabling the Artist and the Buyer of Works to establish a relationship. Consequently, only the Artist, whose identity is indicated on the Work's page, is the Buyer's co-contractor for the sale of the Works. Design by Jaler is in no case a reseller of the Works proposed by the Artists. Only the Artist is responsible for the good delivery of the Works and the applicable guarantees. Only the Buyer is responsible for the good payment of the Order to the Artist. Design by Jaler has only an intermediation role between the Artist and the Buyer, its service is limited to a technical service of providing the Site and the Services.
Design by Jaler declines any responsibility in the context of the direct relationship between the Users, which includes, but is 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 has indicated that it is available, The difference in characteristics between the Work delivered and the Work presented on the Website by the Artist, Incomplete information provided by the Artist or the Purchaser on the Website, Problems with the delivery of the Work to the Buyer, Problems with payment of the Work Order to the Artist.

ARTICLE 4 - OPERATION OF THE SITE

The Artists can set up a Shop on the Site if they order a Subscription. Only Artists with a Subscription can offer Works in a Shop, 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
The Works offered for sale on the Site are works of art within the meaning of article 98A of the Annex III of the CGI (notably, but not limited to, paintings, sculptures, photographs, etc.). They are put on sale by the Artists who are the authors of the Works presented. The Works are said to be original in the sense of the droit de suite. Each Work offered for sale is described on its card on the Site and in the Artist's Shop.

5.2. Certificate of authenticity
For any Work sold on the Website, the Artist undertakes to provide the Buyer with a certificate of authenticity for the Work, containing at least the following information
Title of the Work :
Name of the Artist :
Professional number: [SIRET...]
Technique and materials :
Support :
Dimensions:
Year of realization:
Location of signature:
Identification number: [for a Work belonging to a series]
The Artist is solely responsible for the content and the legality of the certificate of authenticity towards the Buyer and third parties. Design by Jaler cannot be held responsible for this.

5.3. Conformity and guarantee 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 file of the Works on the Site. The characteristics and images representing the Works are provided by the Artist, who is solely responsible in the event of a difference between the Work as presented on the Site and the physical Work. In this respect, the Artist undertakes to:
To put online only original Works, of which he/she guarantees to be the author or on which he/she has all the necessary intellectual property rights; To put online only Works of which he/she guarantees to have free disposal (without any sale or exclusivity contract in favour of a third party) and which he/she can freely transfer; Not to make false or uncertain allegations, likely to mislead the Buyers concerning the Works put on line; Not to use the Services of the Site to distribute illicit Works or Works that are forbidden to be sold;
To inform Design by Jaler as soon as possible of any difficulty, dispute or contestation that may arise between the Artist and a Buyer due to the use of the Services; To keep secret the personal data of the Buyers transmitted by Design by Jaler and to use them only in the strict necessity of the Service, excluding any other use. Only publish on the Site and on his profile photographic images, texts and contents on which he guarantees to have the required rights of use allowing him to use the Services.
The Artist undertakes, in the event of the valid implementation of a request and/or challenge by the Buyer within the framework of his or her right of withdrawal and the legal guarantee of non-conformity/hidden defect, to do everything possible to satisfy the Buyer's request in accordance with the legal provisions and to make, where appropriate, any reimbursement of the sums due to the Buyer who made the request. Consequently, the Artist expressly authorizes Design by Jaler, if necessary, to proceed to the reimbursements of the sums due to the Buyer by using the possible sums that would be due by Design by Jaler to the Artist within the framework of the sales of his or her Works and for which the sums would not have been paid back yet by Design by Jaler to the Artist. In case of unremedied breach, 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 for this reason or ask for any compensation.



ARTICLE 6 - ARTIST INTERFACE

6.1. Artist's account
The Artist wishing to register on the Website must send his request to Design by Jaler by means of the form on the website www.design-by-jaler.com or by email to [email protected] Design by Jaler will then contact the Artist in order to validate his profile and the Works concerned. Design by Jaler is in no way obliged to accept the Artist's registration request and remains entirely free of its decision. In case of validation and after signing the marketing conditions (hereafter "Specific Marketing Conditions") between Design by Jaler and the Artist, an Artist Account will be opened in the name of the Artist in order to allow him/her to put his/her Works on line on the Website, in compliance with the validation procedure by Design by Jaler. The personal interface of the Artist's Account allows the Artist to manage and know the status of the sales of his Works.

6.2. Validation of the Works put on sale by Design by Jaler
Generalities
The Site is a platform for the sale of original works of art for 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 to put on sale The putting on sale of Works on the Site is subject to the prior authorization and validation by Design by Jaler of the Works whose putting on line is desired. Before any Work is put on sale on the Website, the Artist will submit his Work to Design by Jaler for validation. The Artist commits himself to respect the graphic charter of the photos of the Works put online on the Website which is included in the Specific Conditions of Sale signed between each Artist and Design by Jaler. The Artist refrains from distributing any Work not previously validated by Design by Jaler. Design by Jaler reserves the right to refuse any Work in a discretionary way, as soon as Design by Jaler will judge that the Work does not meet the quality conditions required by the Site. Design by Jaler also reserves the right to delete a Work from the Site if it does not correspond to its quality conditions anymore. In this case, Design by Jaler will have to inform the Artist by email or any other written means at the latest twenty four (24) hours before the deletion. The posting of an unauthorized Work online is a reason for the exclusion of the Artist from 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 provided to Design by Jaler for the opening of his/her Artist Account up to date, and to inform Design by Jaler without delay of any change that may affect this information. The Artist guarantees that all the information provided to Design by Jaler is accurate, up to date and sincere.

6.3 Unavailability of the Work
In case of unavailability of the Work due to a sale made by other sales channels, the Artist commits himself/herself within a period that cannot exceed eight (8) hours following the sale, to : to inform Design by Jaler by email at [email protected] to indicate on the page of the Work that it has been sold, or to ask Design by Jaler to do it if it is impossible on his User Account.

ARTICLE 7 - BUYER INTERFACE

The Site is of free access and free use to any Buyer. The Buyer recognizes that the sale is made between the Buyer and the Artist, Design by Jaler only offers a technical platform to put in contact Artists and Buyers. Consequently, the Buyer is the only one responsible for ensuring the authenticity of the Works he/she acquires through the Website. The Buyer must ensure the authenticity of the Work himself/herself, and demand, if necessary, a certificate of authenticity as well as an invoice from the Artist when these elements have not been provided. The Buyer, if he/she is a professional, is solely responsible for the implementation of the resale right if he/she decides to resell the Work at a later date. The Works appearing on the Site are put on sale by the Artists and not by Design by Jaler. Each Buyer must open a Buyer Account before ordering a Work. Each Buyer can create only one account on the Site. Each Buyer must proceed to his online registration and provide the information allowing Design by Jaler to proceed to the creation of his Buyer Account. After registration, the Buyer receives a validation and information email giving him his identifiers.

ARTICLE 8 - ORDERING A WORK ON THE SITE

8.1. Ordering process by the Buyer
The steps involved in placing an Order for a Work on the Web Site by the Buyer are as follows Creation of a Buyer's Account by the Buyer if it is a first Order or connection to his/her Buyer's Account if it already exists, Choice of the Work that the User wishes to Order, Placement in the shopping cart, which displays a summary of the Order, Validation of the basket by clicking on the validation button, Provision of the User's identification and billing information, Choice of the billing method for the Order, Viewing the summary of the Order before final validation, Acceptance of the Terms and Conditions, Validation of the Order and payment, Sending of an email confirming the Order 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 in order to fix the terms of delivery. The coordinates and information of the Buyer, must be up to date and real. Design by Jaler cannot be held responsible by the Buyer or the Artist in case of error on the part of the Buyer.

8.2. Delivery
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 good progress of the Delivery. Design by Jaler cannot be held responsible for this. Delivery to the address indicated by the Buyer The delivery of the Works ordered by the Buyers is made by the Artist. The Works are delivered according to the information 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 issuance of the corresponding payment by the Buyer, sends the Work to the Buyer.
Design by Jaler, informs the Artist by email as soon as the payment of the Work's Order is received by the Buyer. This information includes the data communicated by the Buyer, under his own responsibility, concerning the place of delivery of the Order. Once this information has been received, the Artist undertakes to send the Work ordered within seven (7) days of receiving the information concerning the Purchaser.
The Artist is responsible for the proper completion of the delivery, including the packaging and protection of the Work during transport, as well as for meeting the delivery deadlines set. The Artist acknowledges that the Works are transported at his/her own risk. In order to allow the Buyer to follow the progress of the delivery of his or her current Order, the Artist undertakes to transmit to Design by Jaler, who will inform the Buyer of this, the information relating to the delivery of the Order as soon as possible as soon as he or she is aware of the said information and including in particular : The name of the chosen transport company; The package number of the Order(s) shipped; The delivery time indicated by the carrier. The risks on the Work are transferred by the Artist to the Buyer upon signature of the delivery report. The ownership of the Work is transferred to the Buyer by the Artist as soon as Design by Jaler receives the payment. Collection of the Work from the Artist or in a gallery
When choosing the delivery method, the Buyer can choose the direct collection of the Work from the Artist when this delivery method is possible. This method of delivery does not involve any delivery costs for the Buyer. The Purchaser is informed of the collection point for his/her Order and the timeframe for this collection at the time of validation and payment of the Order. The Buyer must contact the Artist to make an appointment for the collection of his/her Order. This appointment may take place in a gallery, at the Artist's place of business or at any other place agreed upon by the Artist and the Buyer. The Artist, prior to any delivery of the Order to the Buyer, shall verify that: That he/she has received from Design by Jaler, confirmation of payment for the relevant Order; the identity of the Buyer;

Problem of delivery
In accordance with article L216-2 of the French Consumer Code, if the Buyer has not received the Work ordered within thirty (30) days of the Order, the Buyer undertakes to inform Design by Jaler by sending an email to [email protected] and to allow a reasonable additional period of time to allow the Artist to fulfil the Order. At the end of this delay, if the Artist cannot establish having delivered the Order and if the non-delivery is not attributable to the Buyer (notably, but not limited to, transmission of an erroneous address or absence and non withdrawal of the Order), the Buyer will be able to cancel the Order, in writing, by contacting Design by Jaler directly by email at [email protected] Design by Jaler will contact the Artist in order to inform him/her of the cancellation of the Order and of the restitution of the sums collected to the Buyer. If the payment has already been paid to the Artist by Design by Jaler, the Artist commits to proceed to the reimbursement of the Order to the Buyer within seven (7) days. Design by Jaler will then be able to take all necessary measures towards the Artist if such a cancellation creates a prejudice to him. In particular, Design by Jaler may, without prior notice, close the Artist's Account without being held responsible.

8.3. Error in the Order
Design by Jaler can in no way be responsible for any kind of data entry errors made by the Buyer during the Order, nor for their possible consequences. Design by Jaler and the Artist will not be obliged to accept a cancellation or modification without costs of the Order in case of error.

8.4. Refusal of the Order
In accordance with article L 121-11 of the French Consumer Code, Design by Jaler reserves the right to refuse any Order to a consumer for a legitimate reason, especially in case of payment problems, problems following the provision of incomplete and/or imprecise information by the Buyer, unusually high amounts of Orders or Orders placed in bad faith.
8.5. Archiving 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 Consumption. The computerized registers will be considered by the Parties as proof of the communications, Orders, payments and transactions between the Parties.

ARTICLE 9 - FINANCIAL TERMS APPLICABLE TO SUBSCRIPTIONS

The Specific Marketing Conditions concluded between the Artist and Design by Jaler may derogate from or complete the present Article. 9.1. Prices
Unless otherwise stated in writing, the prices of the Subscriptions appearing on the pages of the Site are prices in Euros excluding taxes (HT). Design by Jaler reserves the right to pass on any change of the VAT rate on the price of the Subscriptions. Design by Jaler also reserves the right to modify the prices at any time. Nevertheless, the price appearing on the website on the day of the Order of the Subscription will be the only one applicable to the Artist. The new price will only apply when the Subscription is renewed, at the end of the Artist's commitment.

9.2 Annual invoicing
Subscriptions are invoiced annually, without commitment.

ARTICLE 10 - FINANCIAL TERMS APPLICABLE TO ORDERS FOR WORKS

10.1. Price
Unless otherwise stated in writing, the prices of the Works appearing on the pages of the Website are understood to be in Euros, excluding tax (HT). This price is set by the Artist. The price shown on the Site on the day the Work is ordered will be the only price applicable to the Order. The price does not include delivery costs. The delivery costs are then communicated to the Buyer in addition to the price when the Order is confirmed.

10.2. Customs and taxes
When the Buyer orders Works on the Site for delivery outside of Metropolitan France, this Order may be subject to import duties and taxes levied when the package arrives at its destination. Any additional customs clearance fees are deemed to be the responsibility of the Buyer; Design by Jaler and the Artist have no control over these fees and will not bear the financial burden. Customs policies vary greatly from one country to another, it is therefore the responsibility of the Buyer to contact the local customs service for further information regarding any taxes or duties due. In this respect, the Buyer is deemed to be the official importer of the Works he/she acquires on the Site and consequently undertakes to respect all the laws and regulations of the country in which he/she receives the Works.

ARTICLE 11 - PAYMENT AND BILLING

11.1. Collection mandate
Design by Jaler collects the price of the Works sold in the name and on behalf of the Artist, plus the delivery costs. Design by Jaler will transfer the sale price to the Artist according to the terms agreed in the Specific Conditions of Sale. The Artist gives Design by Jaler the mandate to establish the invoices related to the sale of his Works on his behalf. In this respect and in accordance with the tax provisions in force, it is reminded that the Artist, as principal, retains full responsibility for his or her accounting and tax obligations in terms of invoicing and its consequences with regard to VAT. It is expressly reminded that the invoicing mandate granted to Design by Jaler does not exempt the Artist from his tax obligations. The Artist thus undertakes, throughout the use of the Services, to respect the legal provisions in force and to complete all administrative, fiscal and/or social formalities and to pay all contributions, taxes or duties made necessary by the use of the Services. Design by Jaler will not be held responsible if the Artist does not respect these legal provisions and formalities. The Artist declares that he/she is fully aware of the fact that the invoices issued in his/her name and for his/her own account must bear the same indications as if they were issued directly by him/her. The Artist commits himself to inform Design by Jaler without delay of the compulsory mentions concerning him that must appear on the invoices. Otherwise, Design by Jaler could not be held responsible if an obligatory mention is not on the invoice. It is expressly agreed that the Artist releases Design by Jaler from any responsibility concerning the possible unpaid invoices noticed after the sale of his Works.

11.2 Method of payment
The User can pay by credit card or by any other means provided by Design by Jaler on its website. The User guarantees Design by Jaler that he is the holder of the credit card or the payment method used for the payment of the Order and that he has sufficient funds to cover the entire payment of his Order. Subscriptions will be debited at the beginning of the Subscription. In the event that it is impossible to debit the amounts due in payment of the Order, for whatever reason, the Order will be cancelled, without prejudice to any damages that Design by Jaler may claim to compensate for its loss. Payments are made through secure transactions provided by an online payment platform provider acting according to the rules of the art. Design by Jaler does not have access to any data related to the User's means of payment except for the last digits of his credit card, or any other means of identification of his means of payment. The payment is made directly to the bank or the payment provider.

11.3 Late payment
Any late payment may give rise to the invoicing of late payment penalties without the need for any prior notice of default. The rate of these penalties is equal to three times the legal interest rate. A sum of forty (40) euros may also be invoiced for collection costs. The invoicing of late payment interest and administrative costs of collection do not prohibit Design by Jaler, at its discretion, to implement legal proceedings in order to obtain additional damages. In case of payment incident, Design by Jaler reserves the right to cancel the Order immediately and without formal notice, without the User being able to ask for any compensation or engage the responsibility of Design by Jaler.

11.4. Unavailable Work
If the Work is unavailable at the time of the Order, the Artist commits to inform Design by Jaler immediately, who will inform the Buyer as soon as possible. In case of payment issued on the basis of an unavailable Work, the price issued by the Buyer will be fully refunded as soon as possible after the confirmation of the unavailability of the Work by the Artist. Design by Jaler will not be responsible in any case if the Work is unavailable, since the Site aims at putting in contact Buyers and Artists for the purchase of Works that are unique by their nature. No compensation can be requested by the Buyer for this reason.

ARTICLE 12 - WITHDRAWAL AND LEGAL GUARANTEES

12.1. Withdrawal
In accordance with article L.221-18 of the French Consumer Code, for any Order of a Work made to an Artist established in the European Economic Area, the Buyer, who is a citizen of the same zone, has a period of fourteen (14) working days from the date of receipt of the Work to retract. In order to exercise his or her right of withdrawal, the Buyer may either : Fill in a form to this effect made available on the Site, at the following address PDF form Send an email to Design by Jaler at the following address: [email protected] The Buyer will inform Design by Jaler, who will then inform the Artist. The Buyer will have to return the Work that does not suit him to the Artist, at his own expenses. The Work must be returned in perfect condition and in its original packaging. If the above 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 carried out when the Artist signs for the Work, after checking its condition. The Artist undertakes to reimburse the Order if the Purchaser exercises his/her right of withdrawal. Receipt of the refund by the Artist will transfer ownership of the Work back to the Artist. The Artist will reimburse the Buyer, without penalty and with the exception of the cost of returning the Work, by any means, within fourteen (14) days of receiving the Work from the Artist. In the event of depreciation of the Work resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Work, the Purchaser may be held liable. Furthermore, for any purchase made from an Artist who is not a member of the European Economic Area or if the Buyer is not a citizen of this area, this right of withdrawal is not applicable.

12.2 Legal guarantees
The Works marketed by the Artist are subject to the legal warranties set out in the French Consumer Code and the French Civil Code, and more specifically articles L.211-4 to L211-14 of the French Consumer Code (warranty of non-conformity) or articles 1641 to 1649 of the French Civil Code (warranty of hidden defects). The Artist is obliged to deliver a good that conforms to the indications he provides on the Work's sheet and is responsible for any defects in conformity that exist when the Work is delivered to the Buyer. We speak about defect of conformity when :
The good is unfit for the use usually expected of a similar good; The good does not correspond to the description given by the Artist; The good does not have the qualities announced by the Artist or agreed with the Buyer; Given the particularity of the product, which is a work of art, the Buyer acknowledges that the lack of conformity can only be based on objective elements (damaged Work, Work obviously different from its description on the Site, etc...) to the exclusion of any subjective assessment of the qualities of the Work. The Buyer may not, however, contest the conformity of the Work by invoking a defect that he knew or could not have been unaware of when he contracted. In case of non-conformity of the Works or application of the guarantee of hidden defects, the Buyer will have to inform the Artist directly. Design by Jaler will not be part of this procedure and will not be responsible towards the Buyer and the Artist in this context. The Buyer will then be able, at his choice : Either be reimbursed the price of the Work with the return of the Work by the Buyer at the Artist's expense. Or agree on a new price and a partial refund of the price by the Artist. The Client has a period of two (2) years from the date of 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 allowing Artists, whether they have a Subscription on the Site or not (hereafter the "Exhibitors"), to be exhibited in galleries or other partners. The rates for this Service are posted on the Site. The Exhibition Service is a flat-rate, unitary Service (the Order includes a limited number of exhibitions). The other financial and commercial terms and conditions applicable are those described for Subscriptions in the GTC. To exhibit, Exhibitors must create a User Account on the Site. Exhibitors order this Service in accordance with the ordering procedure described in the GTC. Due to the limited number of places in the partner galleries, Design by Jaler does not commit to exhibit the Exhibitors on a specific date or in a specific place. The Service only includes an exhibition at one of Design by Jaler's partners, on a date to be determined. Design by Jaler has the right to refuse an Exhibitor at its own discretion if the Exhibitor does not correspond to the expected quality level or to its exhibition policy. The Exhibitor will have no recourse in case of refusal by Design by Jaler. In case of refusal, Design by Jaler will proceed to the full reimbursement of the amount paid for this Service by the Exhibitor, within fifteen (15) days from the decision of refusal. If the Exhibitor withdraws for any reason whatsoever, the Exhibitor may not request any reimbursement from Design by Jaler and may not hold Design by Jaler liable in any way. If this withdrawal causes a prejudice to Design by Jaler, the latter can implement any action necessary to engage the responsibility of the Exhibitor and obtain compensation. Within the framework of this Service, Design by Jaler's responsibility will be limited to the direct damages caused to the Exhibitor during the service of putting the Exhibitor and the gallery in contact. The liability will be limited to the amount paid by the Exhibitor.

13.2 "Marketing" service
The company Design by Jaler also provides specific marketing services to the Artists registered on the Site. The Artists are invited to contact Design by Jaler at the contact address appearing on the Site, in the present GTC or via the dedicated form appearing on the Site. Design by Jaler can provide an estimate to the Artist on request. The terms and conditions applicable to the marketing services will then be defined between the Parties in a specific way for these services.

ARTICLE 14 - CUSTOMER SERVICE

The customer service of this Site is accessible by email at the following address: [email protected] or by mail at the address indicated in the legal mentions of the Site. Design by Jaler also provides its Users with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by phone at +33(0)1 45 93 18 93 from Monday to Saturday from 9am to 7pm.

ARTICLE 15 - LIABILITY

15.1. Dispute between the Artist and the Buyer
In case the Buyer notices, at the moment of reception, a non-conformity or a deterioration of the Works ordered, the Buyer commits himself to inform Design by Jaler as soon as possible following the reception of his Order. The same applies in case of complaint or dispute related to the latter, in order to allow Design by Jaler to intervene for the amicable resolution of the Buyer's complaint. However, Design by Jaler is not obliged to find an amicable solution to the dispute and does not engage its contractual and financial responsibility if this proves impossible. Consequently, the Parties are personally responsible for the resolution of the possible disputes that could 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 are contracting directly with each other when ordering a Work on the Website, with Design by Jaler acting solely as a supplier of a technical platform for putting the Artist and the Buyer in contact with each other. The Buyer and the Artist acknowledge that Design by Jaler is not responsible and is in no way involved in the possible litigations that could occur between them because of the sale of a Work on the Site. In an explicit way, the Artist and the Buyer exonerate Design by Jaler from any responsibility for the litigations or claims that could occur between them, because of, in particular, without this list being restrictive : the non-delivery or delay in the delivery of the Works ordered ; the non-conformity 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 Artist's ownership of the Works sold to the Buyer, in particular the intellectual property rights relating to the Works. The Artist and the Buyer acknowledge that Design by Jaler does not act as a del credere in the context of the Services. The Artist and the Buyer also acknowledge that Design by Jaler does not assume any responsibility for the contents, data and information provided by the Artist and distributed via the Site. The Artist and the Buyer are bound to respect the legal and regulatory provisions in force.

15.3. The Artist's liability
The Artist assumes full responsibility for the Works (availability, conformity, quality, delivery, etc.) that he or she offers for sale via the Website. The Artist must ensure that the storage and dissemination of the content that he or she places online via the Site does not constitute a violation of the rights of third parties for which he or she does not have the necessary authorisations. The posting of content likely to offend public decency or public order is prohibited. In particular, it is forbidden to use the Services to disseminate content or information inciting discrimination, hatred or violence against people because of their membership or not of a race, religion or nation or insulting the victims of crimes against humanity by disputing the existence of these crimes or by making the apology. It is also forbidden to disseminate humiliating or defamatory content as well as content of a pornographic nature or content that violates the legal provisions relating to the protection of children. In case of diffusion of content in violation of the above mentioned prohibitions, the Artist's content will be removed and his Artist Account will be closed, without prior notice and without Design by Jaler's responsibility being engaged. Finally, the Artist acknowledges that he/she is solely responsible for the protection of intellectual property rights on the Works put online on the Site.

15.4. Responsibility of Design by Jaler
The responsibility of Design by Jaler is limited to its activity as provider of a technical platform. Only the direct damages resulting from the technical elements of the Site can give rise to the engagement of the responsibility of Design by Jaler. Design by Jaler cannot be held responsible for any indirect damage resulting from the visit of a User or a third party on the Site, from the use or the impossibility for a User to use the Site or its contents. This limitation of liability concerns all types of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of clientele, loss of expected savings, damage to image and reputation, loss of chance.

Design by Jaler will also not be responsible for damages caused by malware, viruses or by any inaccuracy or omission of information on the Site, except if the damages result from a deliberate act or a serious negligence from Design by Jaler. Design by Jaler, in its capacity as a content host, is only responsible for the respect of the legal provisions regarding personal data as well as the removal of any obviously illicit content, as soon as the existence of this content has been brought to its attention at the contact address provided in the GTC. Because of its role as a technical provider, the responsibility of Design by Jaler is limited: Towards the Artists, to the annual value of the Subscription, Towards the Buyers, to the sum of one hundred (100) euros.

ARTICLE 16 - USER GUARANTEES

By agreeing to these GTC, the User agrees to guarantee and indemnify Design by Jaler against any action or claim from a third party due to his use of the contents, the Site, or his failure to comply with one of these GTC. The Artist certifies to hold the exploitation rights of the images and texts that he communicates to Design by Jaler and puts online on the Site. He guarantees, in this respect, Design by Jaler, against any third party action, especially any infringement action, because of this use on the Design by Jaler websites. As such, he commits himself to take charge of all the damages Design by Jaler could be condemned to as well as the legal costs and fees incurred by Design by Jaler in this regard. Design by Jaler will inform the User as soon as possible of any such claim or legal action. Design by Jaler reserves the right, at its own choice and at its own expense, to participate in the defense and/or the amicable settlement of a claim or to assume the defense and the control of the procedure alone, without releasing the User from his obligations of compensation. The User agrees not to accept an amicable solution that would call into question the responsibility of Design by Jaler or would place any obligation on it, without the prior written consent of Design by Jaler.

ARTICLE 17 - GENERAL CLAUSES APPLICABLE TO THE SITE AND USER ACCOUNTS

17.1. Use of the Site
Access to the Site can be restricted at any time to allow maintenance, repair or update of the Site. Design by Jaler does not commit to any obligation of quality of service for its Site, and will only make its best efforts to ensure that it is accessible. However, Design by Jaler commits to inform the Artist within a reasonable time of any interruption of the Services scheduled for maintenance, security or storage management reasons. The foreseeable duration of the interruption will also be communicated to the Artist. Design by Jaler also commits to inform the Artist as soon as possible in case of a malfunction that could lead to a total stop of the Service for more than twenty (20) minutes. Design by Jaler ensures the secure use of the Site. However, due to the nature of the Internet, Design by Jaler cannot guarantee an absolute security of the Site and is only bound 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, texts, graphics, images, design elements, music tracks, sound files, video sequences, information, applications, software and other content or elements belonging to or emanating from third parties. As a result:
Design by Jaler does not warrant the accuracy, appropriateness or completeness of any third party sites or third party content, Design by Jaler cannot be responsible for the content, accuracy, offensiveness, 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 the Users' own risk and responsibility. Design by Jaler can in no way be held responsible for any damage, direct or indirect, caused by third party sites to Users.

17.3. Username and password
The User shall create a User Account by choosing a login (email address) and a password. The User must also provide the information required to perform the Services, in particular, his or her first and last names, postal address, e-mail address required to confirm the Order and telephone number. This User Account will be used by the User to access his/her account on the Site. The User is responsible for providing a strong and sufficiently complex password. Design by Jaler will not be responsible in case of access to the User Account by a third party, through a brute force attack.

17.4. Use of the User Account
The User is responsible for the security and the use of the login and password of his account. In particular, the User must make sure that they are used in accordance with these T&C. Design by Jaler will not be responsible for any unauthorized use of the User Account by the User or a third party, and will not be responsible for any damage caused by such use. If the User notices that his User Account is compromised or used without authorization, or any other security breach related to his account, he must inform Design by Jaler as soon as possible. Design by Jaler will not be responsible if it is impossible for the User to access the Site. Design by Jaler can however, at any time, close the account of a User without having to inform him, in case of violation of the stipulations of the present T&Cs, without any compensation or reimbursement can be requested by the User. The responsibility of Design by Jaler cannot be sought for this reason. However, Design by Jaler will be able to engage the responsibility of the User and ask for damages in this regard, if the User did not respect the present GTC.

17.5. Security
The User agrees not to act in the following manner, without this list being restrictive: Act in a way that could compromise the functioning of the Site, Attempt to access the User Account of a third party, Attempting to access the servers (except normal use of the Site) or computers of the Design by Jaler network, Attempt to upload viruses, Trojan horses, or any other invasive or illegal program on the Site or its servers, Extract data from the Site without prior written authorization from Design by Jaler, Use the Site in an illegal manner or in violation of these Terms and Conditions or any applicable law.

17.6. User Account data
The User agrees to provide real information on his User Account, which 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 under the Data Protection Act. In this case, the User's Data will be deleted by Design by Jaler.

ARTICLE 18 - INTELLECTUAL PROPERTY

18.1. Site
The texts, images, domain names, trademarks, drawings, models, patents, software, databases, used on the Site, are : the property of Design by Jaler, or ; if necessary, the property of a third party having provided a license of use to Design by Jaler. These elements are protected in the whole world. The present GTC do not grant any intellectual property right to the User, who cannot reproduce any of the elements of the Site, partially or totally, without the prior written agreement of Design by Jaler. Any partial or total reproduction of these elements could constitute a counterfeit. Design by Jaler reserves the right to exercise any action that would be necessary to assert its rights and to repair its damage.

18.2. Works
The Works are the property of the Artist. However, the Artist grants Design by Jaler a license to use the rights listed below, for the whole world and for the entire duration of the registration on the Website. This right of use concerns all the content relating to the Artist and the Work, provided by the Artist on the Site, and includes : Reproduction rights: the right to reproduce, print and publish all content relating to the Artist and his/her Work (text, photographs, videos, sound, etc.) provided by the Artist in this respect, by any technical means whatsoever, in whole or in part, in any format, by any process and on any medium, in particular, paper and its derivatives, objects made of any material, digital, computer, magnetic, optical, chemical or videographic media, whether current or future, and without this list being exhaustive. Right of representation: The right to communicate all content relating to the Artist and his/her Work (texts, photographs, videos, sound, etc.) provided by the Artist to the public. ) provided by the Artist in this respect, directly or indirectly to the public, by means of exhibition, display, publication, television broadcasting (over the air, by cable or by satellite), including closed-circuit broadcasting, transmission in a public place, projection and cinematographic and videographic broadcasting, broadcasting during public events, broadcasting on the Internet and any other type of related network, without this list being restrictive This exploitation right is given to Design by Jaler for the only purpose of allowing the highlighting, advertising and marketing of the Works on the Site or any other Service provided by Design by Jaler, as well as on any catalog, poster, leaflet, mailing or any other marketing tool created by Design by Jaler for this purpose, on any existing or future support. This license allows Design by Jaler to modify the contents provided by the Artist in order to respect the graphic charter of the Site.

18.3. Communication
The Artist expressly authorizes Design by Jaler to use as a reference in its communications his name and/or logo as well as that of his Works and the photographs on which they appear. This authorization is particularly valid for all commercial communications of Design by Jaler and whatever the support, during the whole duration of the GTC.

ARTICLE 19 - PERSONAL DATA
Design by Jaler collects and processes the personal data of the Users. The User is perfectly informed that the personal data he submits directly or indirectly to Design by Jaler will be subject to an automated processing. Design by Jaler has made a declaration to the CNIL under the number 2040469 v 0, in accordance with its obligations under the French law 78-17 Informatique et Libertés, of January 6th 1978. The personal data collected are stored within the European Union, by a provider who applies the industry standards in terms of computer security.

19.1. Personal data collected
The personal data collected is that which is necessary for the proper management of Orders, Services and use of the Site: identity, contact information (address and contact person), means of payment. More precisely, personal data can be collected in the following way: When the User voluntarily fills in 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 via the Site. The personal data collected can be the following: Contact information and User information (company name, User name, email address, phone number, age/birth date, address), User's connection information (IP address, browser type...), User's billing information (contact information, last four digits and type of payment method), History of the Orders, Details of visits to the Site, in particular by means of cookies, including for example: quantity of data received, place of connection, pages viewed, Information exchanged on the Site.

19.2. Use of personal data
This data may be used to : to inform the Users about commercial offers and future events of Design by Jaler, to allow the payment and the management of the Orders, to manage the Subscriptions, to allow the administration of the Users' Accounts, to verify the identity of the Users, to allow the follow-up of Users in case of incident, obtain User feedback on the Service provided, to improve the Service provided, to notify the User in case of modification of the Site or of the present GTC. The User's data may be provided to the payment service provider for the sole purpose of paying for 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 from the User. Session and activity tracking cookies may also be deposited during the visit of the Site in order to improve the User experience, to establish statistics of frequentation, to provide a User Account, to implement security measures, to adapt the Site to the access terminal. The User has the option of refusing the installation of cookies on the first visit to the Site.

19.3. Rights of the User
In accordance with the Data Protection Act, the User has the following rights: Right of access, Right of rectification and modification, Right of opposition. The User can exercise these rights by contacting Design by Jaler at the contact address appearing in these GTC or on the Site. Design by Jaler will execute the request within a maximum of two (2) months from the reception 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 et seq. of the French Consumer Code, the consumer User has the possibility, in the event of a dispute with Design by Jaler, to have recourse free of charge to the Consumer Mediator of the e-commerce sector, whose contact details can be found on the following page

Open consumer area

20.2. Entirety of the agreement
The present GTC prevail over any other provision potentially applicable to the relationship between Design by Jaler and the User. The present GTC cancel and replace any previous commitment of the Parties related to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter of the present GTC. However, it is expressly understood that the Specific Conditions of Sale will complete the legal relationship between the Artist and Design by Jaler, and will be of greater value than these GTC.

20.3. Exclusivity
With the exception of the temporary exclusivity of sale of the Works offered 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.

20.4. Survival of certain provisions
The termination of these GTC, for any reason whatsoever, shall not constitute a term for the clauses whose nature or content requires their continuation.

20.5. Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, they will be deemed to be unwritten, the other provisions will retain all their force and scope.

20.6. Non-waiver and tolerance
The fact that Design by Jaler does not take advantage of a breach of any of the obligations mentioned in the present GTC from the other Party shall not be interpreted for the future as a waiver of the obligation in question and shall not have the effect of granting acquired rights to the other Party. A failure or delay in exercising a right by Design by Jaler shall not be construed as a waiver of that right.

20.7 Independence
Neither Party may make any commitment in the name and/or on behalf of the other. Furthermore, each of the Parties remains solely responsible for its acts, allegations, commitments, services, products and personnel.

20.8. Proof
The Parties agree that all electronic communications, in particular e-mail, shall be considered as proof between them. The User recognizes in particular the value of proof of the automatic recording systems of Design by Jaler and, unless he/she brings evidence to the contrary, he/she renounces to contest them in case of litigation.

20.9 Force Majeure In the context of the execution of these GTC, Design by Jaler will not be held responsible in case of failure to execute its obligations due to any Force Majeure event. For the purposes of these GTC, Force Majeure is understood as any unforeseeable, irresistible and external event to the Parties within the meaning of French law and jurisprudence. In the event of a Force Majeure, it will suspend the performance of the obligations of Design by Jaler, which will do its best to limit the consequences and resume the performance of the GTC as soon as the event or circumstances of Force Majeure disappear or cease.

20.10. Applicable law and jurisdiction
The law applicable to the present contract is French law, whatever the country of origin of the User. Any dispute relating to the performance or interpretation of these GTC, not amicably resolved between the Parties, will be submitted to the competent court within the jurisdiction of the Court of Appeal of Paris, including in the case of summary proceedings, a call for guarantee or multiple defendants, and regardless of the country of origin of the User.