GENERAL TERMS OF SALE
From September 9, 2009, 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 Elisabeth 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;
- are not mentally impaired and have the full capacity to proceed with the transaction;
- have the ability to pay and are not insolvent;
- 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 (Elisabeth 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 artwork'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;
- Eliora Bousquet's artworks cannot be reproduced but by herself. 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.
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.
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).
Transport & Delivery
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).
- via a professional tranporter or courier such as DHL for deliveries outside France.
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 (Eliora 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). 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.
Eliora 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.
Liability and Litigation
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.
SALE OF ART BY-PRODUCTS
The fashion and home decoration items designed by the Artist and published on her website under the heading "Fashion and Decoration" are only available for sale as part of an affiliation contract with the VIDA company, based in the USA.
The Artist never sells her products herself and thus only receives a commission on sales, as an affiliate. In addition, it is stated that the artist is committed to donating the total revenue collected to humanitarian associations.
As part of the affiliation contract, when they place an order on Eliora Bousquet's VIDA online store, customers therefore deal directly with VIDA for all matters relating to payment, delivery and after-sales service.
All the messages received by the Artist are moderated by her, before being published on her site, in particular at the "Guestbook" page.
In particular, the artist replaces the names of the people who wrote these messages by initials, in order to respect their private life (Internet).
However, the artist keeps all messages received on a password-protected file.
It is specified that any person not wishing that their message is displayed on the Artist's guestbook can have it removed immediately by sending an email to the artist.
Requests for copies of these terms & conditions
Should clients wish to save or print a copy of these terms and conditions of sale, they should submit their request to the Artist.
For any further information not already covered here or in the FAQ section, please feel free to contact the Artist directly.
Paris, September 9, 2009
Elisabeth Eliora BOUSQUET,
Owner and Manager of www.e-bousquet.com