GENERAL CONDITIONS
OF SALES
La société BEILE, société par actions simplifiée au capital social de 1 000,00 €, dont le siège social est situé au 2 cours de Vincennes -75012 PARIS, immatriculée au Registre du commerce et des sociétés de Paris sous le numéro 901 714 584 (ci-après « BEILE »), propose en tant que Mandataire, sur son site internet www.beile.fr (ci-après le « Site »), un espace de vente en ligne permettant à des acheteurs (ci-après « Acheteurs »), d’acheter des œuvres d’art (ci-après les « Œuvres ») proposées à un prix ferme.
The website is therefore the showcase of works of art by artists including BEILE to the management.
Sales made by Buyers are governed by these General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”).
The Buyer must take note of the terms and conditions and expressly accept them in order to make a purchase. By subscribing to this agreement, the Buyer expressly acknowledges that it has read the Terms and Conditions and that it accepts all the terms thereof without reservation.
In accordance with the provisions of article 1127-1 of the French Civil Code, the Buyer has the right to print and keep a copy of these General Terms and Conditions in PDF format on the day of their acceptance and to access them at any time by means of a hypertext link on the website http://www.beile.fr
BEILE may have to modify these GCS.
1. Conclusion of the sales contract
Will be considered as «Buyer», any natural person who acts for purposes that are not part of his professional activity, and who wishes to buy a Work proposed for sale by BEILE on the website.
Any work of art presented on the website with a description will be considered “Work” and will enable the Buyer to know its essential characteristics (authors, titles, dimensions, support, etc.) as well as its price and availability.
However, all Works marked as «reserved» will be considered not available for sale.
- The Buyer selects the Work(s) he wishes to purchase. It confirms its choice, takes note of and accepts these Terms of Use by a click of validation. They can opt for payment by credit card or bank transfer.
- As soon as his order is taken into account by BEILE, the Buyer will receive a confirmation email on the email address he has previously filled in.
- In case of unavailability of the work or in case of non-receipt of the payment by BEILE, the contract of sale concluded may be resolved.
Indeed, each of the parties will be released from their obligations, in the absence of confirmation of the availability of the Work, or non-receipt of payment by BEILE within 4 business days from the date of validation of the order. The Buyer’s bank account will not be debited.
- An email will be sent to the Buyer to inform him of the availability or not of the Work.
- In case of confirmation of the availability of the Work, BEILE undertakes to deliver the Work to the address indicated by the Buyer or to make it available at the BEILE point of sale indicated in article 4 hereof.
Furthermore, BEILE cannot be held responsible for the poor performance of its Obligations in the following cases :
- The Buyer’s billing information is incorrect or not verifiable;
- The sale of the Works is open to persons with the legal capacity to contract under applicable law. In particular, minors are not allowed to have access to our online sales service;
- The delivery address entered is incorrect;
- Due to Force Majeure (see clause 7 of this document).
2. Price and payment
BEILE retains ownership of any Work until full payment is received.
The prices of the Works displayed on the website are expressed in euros including taxes.
Once BEILE has validated the availability of the Work, the Buyer will be charged the price of the Work purchased, plus delivery costs. The Buyer will then be debited with a delay of 5 days from the moment he validated his order.
3. Shipping or withdrawal method and charges
- 3.1. Expedition of the work
When placing his order, the Buyer may choose to have the Work delivered to his home. The Work is delivered to the address provided by the Buyer when ordering. In this case, BEILE, subject to the availability of the Work, will pack the Work and make it available to a carrier.
The transport costs will be accepted by the Buyer at the time of validation of his shopping cart.
If the Work is shipped outside the territory of the European Union, it may be required to pay customs duties on imports upon receipt of the Work. The Buyer will be responsible for the payment of these taxes and duties not included. BEILE cannot control these fees or estimate their amount.
It is therefore up to the Buyer to inquire with the competent authorities regarding any customs duties, local taxes or import duties applicable; these duties are at the expense of the Buyer and fall under its sole responsibility, both in terms of declarations and payments to competent authorities and bodies.
The Work ordered is made available to the carrier by BEILE within the period indicated on the Work sheet from the date of confirmation of its availability.
The Work is delivered at the latest 7 working days after confirmation of its availability at the carrier to the address indicated by the Buyer when placing his order. The delay may vary depending on the carrier chosen.
It is the sole responsibility of the Buyer to ensure that the information he provides to BEILE is and remains correct and that it will enable him to receive the Work ordered.
BEILE transmits to the Buyer the name of the carrier who took over the transport of the Work as well as the parcel number, in order to allow the Buyer to follow the status of his order on the carrier’s site if the latter offers a parcel tracking service.
- 3.2 Receipt of the work
Deliveries are made by an independent carrier to the address mentioned by the Buyer at the time of the order.
The Buyer must verify the conformity of the Work delivered before signing any delivery document.
This verification is considered to have been carried out when the Buyer, or any person authorised to receive the parcel on his behalf, has signed the delivery document.
In the event of a proven anomaly (torn, open packaging, damaged works, etc.), the Buyer must refuse the package and specify on the delivery document the reasons for its refusal.
It is therefore up to the Buyer to make all necessary reservations with the carrier, it being specified that any Work not subject to reservations by registered letter with acknowledgement of receipt within 3 business days of its receipt with the carrier, in accordance with Article L 133-3 of the French Commercial Code, the copy of which must be sent simultaneously to BEILE, will be considered accepted by the Buyer who will therefore not be able to claim any compensation from the carrier.
Finally, it is not up to the transport provider to verify the identity of the person present at the time of delivery of the order and who would accept the said order by signing the delivery note. The signature by any person that the Buyer would have entrusted to receive the order on the purchase order confirms the receipt of said order, its contents and the number of associated parcels indicated on the delivery order.
- 3.3 BUYER’S WITHDRAWAL OF THE WORK
The Buyer may also withdraw the Work directly from the BEILE point of sale by indicating this during the validation process of his order on the website.
In this case, the Buyer will not be required to pay the delivery fee.
Once he has placed his order and subject to the effective availability of the Work, BEILE shall make the Work ordered available to the Buyer within a period specified in the sales announcement and indicated on the Work’s sheet.
BEILE will specify on its space as soon as the Work is available to the Buyer at the pick-up point. The Buyer will then receive an email alert.
The Buyer has a period of 15 days from receipt of the email referred to above to collect the Work at the address indicated by BEILE.
BEILE, provided only that the receipt of full payment has been confirmed, shall deliver the Work and the invoice and certificate of authenticity to the Buyer after ascertaining the identity of the latter.
4. Returns and cancellations
- ORDER CANCELLATION BEFORE SHIPMENT
The Buyer may cancel any order without charge and without reason, provided that it has not yet been shipped.
If cancellation is not possible, the Work will be delivered to the Buyer and may be returned in accordance with the procedure described below.
- RETURN OF ORDER AFTER DELIVERY
If the claim for non-compliance or defect is justified, the purchase price and shipping costs will be reimbursed.
BEILE undertakes to ensure that the Works presented on its website conform to their descriptions. In the event of a hardware error on the website resulting in the delivery of the bad Work to the Buyer, the Buyer may at its discretion :
- request the exchange with the corresponding Work, if available, or;
- address a Work of equivalent value or;
- obtain reimbursement of the sums paid without being entitled to any compensation from BEILE.
- RETRACTATION
En application de l’article L.121-21 du code de la consommation, l’Acheteur dispose d’un délai de 14 jours à compter de la livraison de l’Œuvre pour formuler son droit de rétractation auprès de BEILE par courrier électronique à l’adresse mail suivante : contact@beile.fr ou par courrier recommandé avec accusé de réception à l’adresse suivante : BEILE 2 cours de Vincennes -75012 PARIS
BEILE will send the instructions for the return of the Work to the Buyer.
The Work must be returned in its original packaging and in perfect condition within 14 days of delivery. The Work will therefore travel at the Buyer’s risk.
The costs of return will be the sole responsibility of the Buyer.
Works returned damaged or soiled by the Buyer will not be taken back and/or refunded.
The exchange, subject to availability, or the refund will be made within 14 days from the reception, by BEILE, of the Work returned in perfect condition.
5. Intellectual property
The Works, objects of the present, constitute works within the meaning of article L112-1 of the Code of Intellectual Property.
The Purchaser’s rights to the Works are limited to private use. The Buyer is therefore prohibited from any reproduction or exploitation of the Works without the express prior written permission of the Artist who may also condition it to financial compensation.
6. Personnal data
L’Acheteur est informé que l’ensemble des données collectées dans le cadre du Site lors de la passation des commandes sont traitées par BEILE aux fins de traitement desdites commandes.
The information and data of the Buyers relating to the delivery are processed for the sole purpose of shipping the Works ordered. They may not under any circumstances be used for other purposes.
BEILE is committed to ensuring the security of the personal data it stores for the purposes of the execution and monitoring of orders.
The Buyer undertakes to correct and update the personal data communicated to BEILE. The communication and updating of its personal data are necessary for the information of the Buyer and for the smooth execution of its orders.
At any time, the Buyer may exercise his right of access, rectification, additional information and, of opposition on the processing of personal data concerning him, to BEILE by sending a postal letter to: BEILE, 2 cours de Vincennes -75012 PARIS
The application must be signed and accompanied by a photocopy of an identity document.
7. Force majeur
BEILE cannot be held responsible for a breach, even partial, or a delay in the performance of its contractual obligations that would result from the occurrence of a case of force majeure as defined by Article 1218 of the Civil Code and by the jurisprudence of the French courts (hereinafter referred to as “Cases of Force Majeure”).
A Case of Force Majeure means for example any act or event outside the reasonable control of BEILE, including but not limited to strikes, collective disputes or any other collective actions initiated by third parties, civil unrest, riot, invasion, attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster or failure of public or private telecommunications networks.
BEILE will make its best efforts to inform the Buyer of the occurrence of a force majeure event.
If a Force Majeure Event takes place and affects the performance of BEILE’s obligations, under these terms and conditions of sale, BEILE’s obligations will be suspended and the period of performance will be extended for the duration of the Force Majeure Event.
If the Force Majeure Event affects the delivery of the Work, a new delivery date will be established with the Buyer after the end of the Force Majeure Event.
8. Claims
Subject to compliance with Article 3.2, the Buyer may contact BEILE at the email address xxx,. to inform him of any problem, especially if the Work has not been received by the Buyer or the Work received does not correspond to the order or the Work received is damaged.
The Buyer is informed that a mediation procedure may be initiated by contacting the Association of European Ombudsmen (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69), http://www.mediationconso-ame.com/.The Mediator(s) will attempt to to reach an amicable settlement of the dispute and each party is free to accept or reject the solution proposed by the mediator.
9. Applicable law
GCS are subject to French law. Subject to the applicable regulations, any dispute that may arise during the interpretation or execution of the GTC will be subject to the exclusive jurisdiction of the French courts.