Terms & Conditions of Sale

From 9 June 2010, these terms and conditions will govern all online sales of paintings and other works available on www.e-bousquet.com to private or business customers.

These terms and conditions specify the rights and obligations of Eliora Bousquet (hereinafter called "the Artist" or "the Seller") and those of her Clients (hereinafter also called ‘"Buyers"). They govern the entire sales process between the Artist and the Client from the initiation of an order to its delivery.

Customers should therefore note that by placing an order, they acknowledge and accept these terms and conditions in full.

These terms and conditions are subject to alteration from time to time. Therefore, for the avoidance of doubt, the terms and conditions applicable to any given order are those published and available on the website www.e-bousquet.com at the time when the order is placed. It is recommended that the Client saves a copy of the terms of conditions of sale when placing an order (see section 11).

By placing an order, the clients acknowledge and declare that :

• they are authorised and able to agree to these terms and conditions of sale and proceed with their order i.e that :
  
  ► they are 18 years of age or over ;
  ► they are not mentally impaired and have the full capacity to proceed with the transaction ;
  ► they have the ability to pay and are not insolvent ;
   
• they are acting for themselves and not for a third party (and that invoices and authenticity certificates should therefore be issued in their name) ;
   
• products purchased on www.e-bousquet.com are not for re-sale, unless a separate contract has been agreed between the Client (such as a gallery owner) and the Artist.

Finally, the general Legal Terms governing this website also apply in full to these Terms and Conditions of Sale. Clients are therefore requested to read them prior to placing an order. By placing an order, Clients acknowledge that they have read and understood and agree to those Legal Terms.

All products available for sale from the website www.e-bousquet.com are original creations by E. BOUSQUET (Eliora BOUSQUET).

Each piece :

• has a unique reference number, allocated by the Artist ;
• bears the Artist's initials on the front, generally in the bottom right-hand corner ;
• bears the painting's title and is signed and dated by the Artist in permanent ink on the back ;
• bears the Artist's name, two-colour logo and a unique authentication number on the back.

These precautions have been put in place to minimise any risks of falsification or unauthorised reproduction of the Artist's work, given their online availability.

In addition, as each and every painting is a unique piece:

• Only one copy of each painting can be sold (there is no additional stock, and therefore no exchange is possible) (*). Please also note that although the www.e-bousquet.com site is updated daily, there is a small possibility that from time to time a painting advertised as available for sale on this site cannot be purchased for one of various reasons, including but not limited to : technical problems, prior sale of the item on another selected internet site, prior or simultaneous sale in an exhibition gallery. Clients may contact the Artist for further explanations. In the unlikely event that a piece should become unavailable once purchased online, the Artist will refund the Client in full as quickly as possible ;
   
• They cannot be reproduced. The Artist does not offer any reproductions of her works (*), and in compliance with copyright law, it is strictly forbidden to copy all or part of these works, even after purchase. Any violation of this clause will be liable to prosecution ;
   
• Note that the photographs of the Artist's work as published on her website are not exact reproductions and can appear slightly different from the original, due to technical parameters such as the type and quality of the Client's computer screen or its settings, and the quality of lighting at the time when the photographs were taken. Nevertheless none of the photographs are edited, and any variations from the original are minimal. In addition, for obvious reasons, the originals will have a «depth» which cannot be replicated with photography.

(*) with the exception of some of the Artist's digital work, which she reserves the right to reproduce as a limited print series. In such cases the number of prints issued will be specified by the Artist and written on the back of each print, and on the corresponding invoice and authentication certificate.

Sales prices :

For the avoidance of doubt, and to simplify the sales process, please note that the sales prices advertised on this website :

• are quoted and payable in € (Euros) ;
   
• are payable at the time of the order ;
   
• are inclusive of all statutory taxes. Note that the Artist is not liable to register for VAT and therefore that no VAT will be applied to sales ;
   
• are inclusive of postage, packaging and insurance costs (*) ;
   
• exlude customs & excise duties for sales outside the European Union ; the client is responsible for the settlement of any such customs & excise duties. Should they be paid on the client's behalf by the transporter, the client undertakes to reimburse the transporter accordingly. The Artist cannot be held responsible and will accept no liability for the non-payment of such customs & excise duties ;
   
• are for unframed paintings. The Artist will however be pleased to provide advice to the Client with regards to chosing a frame, or to provide the contact details of specialised stockists ;
   
• are valid only for those paintings made available for sale on the www.e-bousquet.com website.

(*) Should the Client chose to collect their painting in person from the Artist's workshop or from an exhibition gallery, postage and insurance costs will be deducted from the purchase price.

Note that paintings not for sale – part of the Artist's personal collection, already sold or reserved - are also listed on the Artist's website, and appear without a sale price. As the Artist never produces more than one copy of a painting, only one unit of each piece can ever be sold (there is no additional stock, and no copy will be made).

The Artist reserves the right to alter her prices from time to time. However, note that the final sale price will be the price published at the time of order.

The Artist may apply special discounts to an order, in accordance with the terms specified by French law (e.g 5% discount for a cash purchase, or other discount for multiple purchases or at the end of an exhibition).

NOTA BENE :

The Artist may offer her work for sale on other selected internet sites, in particular specialised contemporary art portals such as ARTSCAD, ARTQUID, LIVE GALERIE, ALLEE DES ARTISTES or ART MAJEUR.

The sale prices published on such websites for the Artist's works may differ from those published on the Artist's own website, and different terms and condition of sale may apply, with such third parties usually charging a percentage fee for their services and/or for delivery. Clients are therefore advised to order directly from this website www.e-bousquet.com, in order to take advantage of the best available prices and prompt delivery. In addition, no discount or credit facility can be negotiated with such third parties, as the Artist alone is authorised to alter her prices.

Rental rates :

This area is under construction. It is intended to offer some of the Artist's works for rental by businesses, clubs and individuals. None of the Artist's works is currently available to rent either from this or any other website.

The Artist's preferred and easiest secure payment method is via Paypal™ (►►► More information).

This secure payment facility allows the Client to pay for their purchase with two clicks either :

• By using their own PAYPAL account. IMPORTANT : Any personal data or credit card number are carefully encrypted and sent over the Internet via a secure SSL payment facility. None of this data is disclosed either to the Artist or to the site's owner and webmaster ;
   
• By using one of the credit or debit cards below :

The Artist will also accept :

• personal cheques (orders are then dispatched after clearance of the cheque) made payable to "E. BOUSQUET" and sent to E. BOUSQUET - BP 30096 - 75921 PARIS CEDEX 19 - FRANCE ;
   
• bank drafts made payable to "E. BOUSQUET" and sent to E. BOUSQUET - BP 30096 - 75921 PARIS CEDEX 19 - FRANCE. Note that this facility is available only to those Clients with a bank account in France (excluding the French overseas territories).

Payment by instalments :

Depending on the total amount of their purchase, Clients may pay in 3 or 4 instalments at no additional charge, within a maximum of 6 months from the date of the order. The dedicated PAYPAL facility for payments by instalments will be available here soon. In the meantime, you may contact the Artist directly for any such requests.

Purchases over € 1,000 :

Should the Client chose a payment method other than PAYPAL, the Artist reserves the right to request proof of ID & address from the Client, prior to dispatching their order, so as to protect herself and her clients against fraud. In the absence of such identification, the Artist reserves the right to cancel the order.

Any fraudulent transaction, or attempt at a fraudulent transaction, irrespective of the sales price, will be subject to prosecution. (see section 10).

Exchanges and refunds :

Due to the unique artistic nature of the products available for sale on this website, no exchange or refund will be offered unless:

• the painting purchased online should turn out to be unavailable (see section 2 above) ;
• an exceptional (e.g technical) problem has resulted in an error in the order amount.

Clients may place and pay for their order via this website (and the PAYPAL facility), or by contacting the Artist directly by post or email.

The Artist will confirm receipt of the order and availability of the painting by email.

By placing an order, Clients declare that they agree to the price and description of the product at the time of their order. In addition, Clients declare that they have read, understood and accept these terms & conditions in full.

Orders confirmed by the client by a "double click" of the mouse upon the corresponding online confirmation request are considered final (in accordance with the French legislation on electronic signatures, dated 13 March 2000).

Paintings purchased online will be dispatched securely to the buyer, depending on their country and city of residence, either :

• by recorded, signed-for and inclusive of insurance COLISSIMO parcel service, operated by La Poste (the French Post Office). The delivery address will be that specified by the client on his order form. Should delivery fail due to absence or illness of the buyer, they will receive a card confirming the attempted delivery, and which will allow them to collect their parcel from the nearest Post Office, within 2 weeks.
  
  Should the client have any reservations with regards to the contents of or any concerns about damage to their parcel, they should follow the Colissimo procedure for claims for damages, and notify the Artist of any issue ;
   
• via a professional tranporter or courier such as DHL for deliveries outside France :
  
  Given the value of these paintings, it should be noted that they will only be delivered to the buyer in person unless the buyer has duly notified the Artist in writing (including by email) of the full name of any person authorised to take delivery of their painting on their behalf (e.g spouse, landlord etc). The Artist will accept no liability for the loss or theft of the order, unless this requirement has been adhered to.
  
  In the case of a delivery arranged via a professional courier, the buyer will be requested to provide the Artist with a preferred date and time, in order to ensure safe delivery ;
   
• Should the Client chose to collect their painting in person (e.g as in the case of a purchase during an exhibition), they will be requested to sign a form, countersigned by the Artist, certifying that they have collected their painting(s).

The Artist commits to deliver their order to the Client as soon as cleared payment has been received into her account i.e as soon as practicable for orders paid for online via PAYPAL, and within a maxiumm of 2 weeks after clearance of the payment, for payments by cheque or BACS. (*)

The Artist cannot accept any liability for delays caused by La Poste (in the case of a dispatch via Colissimo) or any other transporter.

In order that the delivery process can be made as smooth as possible, the client is kindly requested to ensure that:

• They provide detailed and accurate information when placing their order, in particular with respect to the address for delivery. The Artist will accept no responsibility for problems stemming from erroneous details supplied by the Client, or for any subsequent delay or error in the delivery. In such cases, the costs associated with the safe return of the order to the Artist would be borne by the Client ;
   
• They are fully satisfied that the condition and contents of their parcel are as expected. Any concerns should be recorded on the delivery note at the time of delivery. The Artist will accept no liability unless this requirement is adhered to.

Finally, the Artist reserves the right to refuse delivery of an order where the Client has failed to pay for a previous order in full, or where a prior payment is under litigation.

(*) Exception : Should the painting purchased by the Client be part of a public exhibition at the time, delivery will be arranged as soon as possible following the end of such exhibition. In such cases, the buyer will be informed accordingly by email or by post.

Upon completion of a purchase, clients will receive by post :

• An original invoice on headed paper, one copy of which will be retained by the Artist;
   
• An original, handwritten certificate of Authenticity and Uniqueness signed and stamped by the Artist. This document may be used as proof of purchase and ownership as needed. As a protection against fraud, no duplicate of this certificate will be issued, except in cases of force majeure.

Clients are reminded that the copyrights of all works published on www. e-bousquet.com remain the property of the Artist, E. BOUSQUET, irrespective of whether they have been sold or not. Clients therefore may not alter, reproduce or publish them in any form or by any means without prior written agreement from the Artist.

Finally, buyers are advised to look out for any fraudulous reproduction of the Artist's work. They are reminded that the Artist only produces one copy of any given work, and never reproduces them in any form (with the exception of some of her digital work, see above).

Moreover, the Artist personally signs each item, and assigns them a unique identification number (see section 2 above).

Clients should therefore beware of any sale offer from bodies other than the Artist's website and her approved partners. Any such offer should be refused and the Artist informed, in order that she may give instructions for the prosecution of fraudsters for copyright violation.

E.Bousquet's original paintings are fully insured by the Artist while they remain her property.

Once a purchase has been completed, ownership and the responsibility for insuring the purchased work passes to the Client.

The Artist will therefore accept no liability for damage to or theft of any purchased work after completion of a sale.

The online sales process makes the collection of some personal data unavoidable, in particular buyers will need to supply the data necessary for their order to be processed, for invoices and authenticity certificates to be issued and to ensure the safe delivery of the order.

Failure to provide the essential data necessary for the above will result in an automatic cancellation of the order.

In accordance with the provisions of French Law on Information Technology, any automated processing of personal data via online operations is subject to a mandatory declaration to CNIL (Commission Nationale de l'Information et des Libertés – the French National Institue for Information Technology and Privacy Law) .

In accordance with the provisions of article 34 of the French Act #78-17 dated 6 January 1978, clients have a right to access, modify or delete all or part of any personal data they have submitted. They may do so by contacting the Artist, at any time, and without prior justification.

The Artist undertakes never to share any of her clients' personal data with third parties. She also undertakes to use this data only to process orders placed by her customers.

The Artist has taken every precaution to protect all the data published on her own internet site www.e-bousquet.com, but she cannot be held responsible for the content of other internet sites referenced and linked to her website.

Equally, she will accept no liability for any technical problems linked to the use of IT technology, such as those originating from the client's ISP, the presence of viruses or other damaging agents on the client's computer, or any other case of force majeure.

Sales of the Artist's work are governed by French Law. Therefore any litigation with respect to the interpretation, execution or cancellation of a sale between the Artist and the Client, will be referred to the Tribunal de Grande Instance (High Court) in Paris, France, should the parties fail to come to an amicable agreement.

Should clients wish to save or print a copy of these terms and conditions of sale, they should submit their request to the Artist by post or email, as the Artist has removed the facility for copying and pasting any data from her website, this in order to protect its content, the reproduction of which, in part or in full, is strictly prohibited.

For any further information not already covered here or in the FAQ section, please feel free to contact the Artist directly.

Paris, June 9, 2010
Eliora BOUSQUET,
The Artist,
Owner and Manager of the www.e-bousquet.com website

Translation of this page : Hélène WATERS.