Collector's Club

Terms and conditions of purchase

GENERAL CONDITIONS OF PURCHASE of a work of art offered for sale by the artist via the website www.artworkcircle.lu (version no. 1 dated 1 December 2015)

Article 1: PURPOSE
This document entitled "GENERAL TERMS AND CONDITIONS OF PURCHASE of a work of art offered for sale by the Artist via the www.artworkcircle.lu website" (hereinafter referred to as the "GTC") sets out the terms and conditions for purchases via the Website of Works of Art by an Artist by a Client residing in the European Union.

Article 2: DEFINITIONS
The following terms, contained in this document, are to be read and interpreted with the singular or plural meaning defined as follows:

Article 3: SCOPE OF APPLICATION
The GTC are concluded between the Client, the Artist and EE. The GTC in force on the day of purchase by the client of a Work by the Artist shall apply.

Article 4: LANGUAGE
The language in which the GTC are drafted is French. The language of the menus available on the Site and other texts used for general navigation on the Site is French.

Article 5: DECLARATIONS BY THE PARTIES

5.1 EE declarations
EE declares that it is acting as an independent third party for the purposes of intermediation in order to promote the Artist's Works. The Works of the Artist presented via the Website and advertised are for sale and may be purchased by the Client from the Artist. EE does not sell the Artist's Works and does not act in the name and on behalf of the Artist in connection with the sale of his/her Works. As EE is not a seller, it cannot guarantee the accuracy, precision or completeness of the information contained in an advertisement.

5.2 Declarations by the selling Artist
Unless otherwise stated in the advertisement, the information contained in an advertisement on the Site, in whatever form (photos, text, etc.), is provided to the Customer for information purposes only and is not contractually binding.

5.3 Customer declarations
By accessing the Site and opening an account in order to be able to place an order on the Site, the Client undertakes to comply with the Terms and Conditions set out therein. The Customer is informed that the purchase of a Work by an Artist via the Site is only possible if the place of delivery of the Work is located in the European Union. As part of the process of prospecting for purchases on the Site, the Client has the opportunity to read the GTC and must declare that he/she has read them, understands all of their terms and accepts them in full without reservation in order to be able to place an order with a view to purchasing a Work. Before being able to validate their basket by sending the Artist their Order, Clients must tick a box indicating their acceptance of the GTC, which contains a reference to the GTC. By confirming his/her Order, the Client declares that he/she has read the GTC, understands their terms in full, undertakes to comply with them and accepts them unreservedly.

Article 6: THE ORDER AND THE SALES CONTRACT
Unless otherwise stated in the advertisement, if the Client is interested in purchasing the Artist's Work, the Client must place an Order to this effect via the Website. The Artist must then accept the Order placed under the conditions set out below in order for the sale of the Work to be concluded between the Client and the Artist.

6.1 3-click ordering
Unless otherwise stated in the advert, the information contained in an advert on the Site does not constitute a contractual offer, so that the mere desire expressed by the Client to purchase them does not in itself create a contract between the Client and the Artist. Orders are placed in 3-click mode, as follows:

Validation of the basket by the Client sends the Client's Order to the Artist.

6.2 Confirmation
Unless otherwise stated in the advertisement on the Website, once notification of the Order has been sent to the Artist, the latter has a period of five (5) consecutive days in which to accept or decline it by clicking on the relevant form on the "Order Request" tab available in his/her personal space. If the order request is not accepted within the aforementioned period, the Artist and the Client will receive a notification from the Website informing them that there has been no response to the Client's order request, which will then be null and void. If the Artist accepts an order request, the sales contract between the Artist and the Client is deemed to have been concluded.

6.3 Formation of the Contract
Unless otherwise stated in the advertisement on the Site, the Sales Contract is deemed to be formed at the time the Artist sends confirmation of the order. The Contract is deemed to be concluded at the Artist's address. EE will send the Client a notification via his/her personal space of the conclusion of the sales contract with the Artist and containing :

6.4 Proof of contract
Without prejudice to the foregoing, the Artist, the Client and EE agree that computer recordings made within their respective computer systems under reasonable security conditions may be accepted as proof of the conclusion of the Contract between the Artist and the Client.

Article 7: BILLING AND PAYMENT

7.1 Prices The sale price of the Artist's Work is indicated on the Site in euros (€), inclusive of all taxes and exclusive of delivery costs. Delivery costs, if any, are indicated to the Client in the Information provided on the Website and their amount is estimated and provided to the Client once the delivery address has been entered. The total amount of an Order confirmed by the Artist is indicated to the Client as part of the confirmation provided for in article 6.3. The invoice for the sale of a Work by the Artist will be sent by email to the Client at the address indicated in the client account area. The Client may also download the invoice from his or her personal space.

7.2 Payment The invoice for the work is payable to the EE account stated therein within one week of being sent to the Client. Upon receipt of the price of the work purchased by the Client, EE will notify the Artist via notification on his/her personal account. Within forty-eight (48) hours of the aforementioned notification, the Artist undertakes to pack the Work for transport and to make the packed Work available for transport at the Artist's address.

7.3 Terms of payment The means of payment set out below are available to Customers via their personal space on the Site for the purpose of paying invoices for the purchase of Works:

Article 8: AVAILABILITY AND DELIVERY OF WORKS

8.1 Availability The Artist displays the availability of his or her Work on the Site. The Works offered on the Website may only be ordered by the Client while stocks last and promotional offers are only available within the time limit indicated on the Website. When processing the Order, the Artist undertakes to inform the Client as soon as possible if the Work ordered proves to be unavailable.

8.2 Delivery address Works purchased on the Site by the Customer may only be delivered within the European Union. Deliveries are made to the address indicated when the Order is placed and only after the price has been paid in full. At a later stage, relay points will be added to the list of possible delivery addresses if the Customer chooses this delivery method. No deliveries will be made to P.O. Boxes. If the Client is absent at the time of delivery, he/she will be required to make an appointment with the Artist via the Website and the Work will only be delivered against reimbursement of the additional delivery costs incurred.

8.3 Delivery times The delivery time indicated to the Client on the Website prior to confirmation of the Order is given as an indication only and does not commit the Artist or EE to any obligation of result in this respect. The Artist will make every effort to comply with the delivery times stated when the Client's Order is registered and will inform the Client of any delay in the stated delivery time that is beyond the Artist's control.

8.4 Cost of delivery Delivery costs, calculated according to the characteristics of the Works ordered and the delivery address, are indicated when the Customer places the Order online and, in all cases, confirmed in the notification provided for in article 6.3.

Article 9: RISKS AND RESERVATION OF TITLE
The transfer of ownership of the Work acquired by the Customer does not take place until receipt of payment of the relevant price by EE. The transfer of risk occurs at the time of receipt of the Work by the Customer.

Article 10: RIGHT OF WITHDRAWAL
The Artist grants the Client a right of withdrawal of 14 days from receipt of the Work. Once the withdrawal period has expired, the sales contract between the Client and the Artist will become binding. If the Client wishes to exercise his/her right of withdrawal within the timeframe indicated, he/she must notify the Artist in his/her personal space on the Website. In such a case, the Client undertakes to draw up a report on the condition of the Work with photographs before packing it for return. EE will organise the return of the Work at the Client's expense. The Client and the Artist will be notified by notification of their respective accounts of the return shipment of the Work.

Article 11: FINAL DECLARATIONS AND LIABILITY
The Client declares that he/she is aware of and accepts that the contract for the sale of the Work that he/she acquires via the Website is concluded between him/herself and the Artist. The Client and the Artist acknowledge that EE does not act in any capacity other than putting the Client and the Artist in contact with each other by promoting the Artist's Works on the Website. The Client and the Artist declare that all reciprocal claims relating to the advertisement of the Work on the Website and to the sales contract are their personal business and that EE cannot be held liable in any way whatsoever in connection with the sale between them. In any event, EE's liability is limited to the amount of EUR 5,000.

Article 12: INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to the Works offered for sale by the Artist via the Site belong to the Artist.

Article13: NULLITE
If any one of the stipulations of these GTC is declared null and void by a court decision or settlement, the said stipulation will then be deemed unwritten without, however, rendering the other clauses of the GTC null and void, or altering the other stipulations contained therein, which will remain applicable.

Article 14: APPLICABLE LAW AND JURISDICTION
The GTC are subject to Luxembourg law. Any dispute relating to the validity, performance or interpretation of the GTC shall, in the absence of a different written agreement between the Parties to be reached after the dispute has arisen, come under the sole jurisdiction of the Tribunal d'arrondissement de et à Luxembourg.