TERMS & CONDITIONS :

PART ONE General Provisions

CLAUSE 1 – THE TERMS AND CONDITIONS

  1. The present Terms and Conditions apply to and govern the use of the ONLINE ART GALLERY and any of the ONLINE ART GALLERY SERVICES by the USER, via the WEBSITE www.artchezmoi.com or www-art-chez-moi.com . By visiting the ONLINE ART GALLERY internet site or by using any of the services provided USERS are accepting the present Terms and Conditions.
  2. ONLINE ART GALLERY SERVICES means any services that, from time to time, may be offered at the ONLINE ART GALLERY, which include, but are not limited to, the sale of ART OBJECTS..

CLAUSE 2 – USER ACCOUNT

  1. The full use of the ONLINE ART GALLERY requires the creation of an USER ACCOUNT, providing all required information. All information provided by the USER and its accuracy, namely but not limited to, address and billing information, is solely the USER's responsibility.
  2. Any changes to the USER information must be immediately updated by the USER in its respective account.
  3. USER is also responsible for maintaining the confidentiality of USER account and password and for restricting access to USER computer to prevent unauthorized access to the USER ACCOUNT. USER should inform ART CHEZ MOI immediately if having any reason to believe that USER password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
  4. USER accepts responsibility for all activities that occur under USER account or password.
  5. ART CHEZ MOI reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders.

CLAUSE 3 – PRIVACY POLICY

  1. Any personal information, including email addresses, that USER provides to ART CHEZ MOI in the course of use of the web site will not be given, sold or rented to any third party not related to ART CHEZ MOI, unless agreed by USER or otherwise foreseen in the present agreement.

CLAUSE 4 – ACCESS TO THE ONLINE GALERY

  1. The ONLINE ART GALLERY is an internet based service, therefore subject to interruptions and errors normal to internet based services, and ART CHEZ MOI therefore cannot guarantee that the service provided will not be interrupted or error-free.
  2. Access to the ONLINE ART GALLERY will occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Frequency and duration of the said suspensions or restrictions will be kept to the indispensable minimum.

CLAUSE 5 – ONLINE GALERY USE

  1. ART CHEZ MOI grants USER, pursuant to acceptance of the present TERMS AND CONDITIONS, a limited, freely revocable license to access and make personal use of the ONLINE ART GALLERY, strictly considering the purposes the ONLINE ART GALLERY was designed to.
  2. USER is not allowed to download, modify, reproduce, resale, commercialize or otherwise make other use of the ONLINE ART GALLERY, and its contents, than that it was originally conceived for, without express written consent from ART CHEZ MOI, nor is USER authorized to use data mining tools, robots, or similar data gathering and extraction tools.
  3. The ONLINE ART GALLERY or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without ART CHEZ MOI express written consent.

CLAUSE 6 – USER CONDUCT

  1. USER undertakes not to use the ONLINE ART GALLERY in any way that causes or may cause the ONLINE ART GALLERY to be damaged, suspended or cause its access to become interrupted, and to always use the ONLINE ART GALLERY for lawful purposes only.

CLAUSE 7– USER GENERATED CONTENT

  1. When using the ONLINE ART GALLERY USER may post reviews, comments or other content which must not be, in any case, illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
  2. When posting online, using the ONLINE ART GALLERY, any USER generated content, and unless ART CHEZ MOI expressly indicates otherwise, USER grants ART CHEZ MOI and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and the right to use the name that USER submits in connection with such content, if ART CHEZ MOI chooses to do so.
  3. USER agrees that the rights USER grants above are irrevocable during the entire period of protection of USER intellectual property rights associated with such content and material, waiving the right to be identified as the author of such content.

CLAUSE 8 – TERMINATION

  1. ART CHEZ MOI shall have the right, for any reason whatsoever, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the ONLINE ART GALLERY or the ONLINE ART GALLERY SERVICES, including but not limited to content, features, or hours of availability, without notice to USER.
  2. USER agrees that ART CHEZ MOI may terminate USER's use of the ONLINE ART GALLERY or the ONLINE ART GALLERY SERVICES, cancel USER registration, remove USER generated content.

CLAUSE 9 – ART OBJECT CONTENTS AND THIRD PARTY SITES

  1. The lawfulness or offensiveness of the ART OBJECT and its contents are of the ARTIST's sole responsibility. USER is the sole responsible if the viewing of a certain ART OBJECT infringes local laws or regulations. If having knowledge that any ART OBJECT infringes or may infringe local laws or regulations, USER shall immediately inform ART CHEZ MOI of such, pursuant to which ART CHEZ MOI may elect to, or not to, remove the ART OBJECT from the ONLINE ART GALLERY.
  2. ART CHEZ MOI is not responsible, nor does ART CHEZ MOI endorse third party web sites that may be advertised at the ONLINE ART GALLERY and the ONLINE ART GALLERY SERVICES, and ART CHEZ MOI does not guarantee, represent or warrant, in any case whatsoever, that the content contained in these sites is true, accurate, lawful and/or inoffensive.

CLAUSE 10 - INTELECTUAL PROPERTY RIGHTS

  1. All content included in the ONLINE ART GALLERY is the property of ART CHEZ MOI and protected under the relevant intellectual property law.
  2. If USER believes or suspects that USER intellectual property rights or that of third parties have been used in a way that gives rise to concerns of infringement, please notify us immediately.

CLAUSE 11 - TRADEMARKS

  1. ART CHEZ MOI, ART-CHEZ-MOI, ARTS CLUB, ONLINE ART GALLERY, and other marks or logos indicated on our website are trademarks or registered trademarks of ART CHEZ MOI, S.A..

PART TWO Sale of Products

CLAUSE 12 – ORDER AND CONFIRMATION

  1. In order to purchase a product or artwork from the ONLINE ART GALLERY, USER must place an ORDER following the instructions provided in the ONLINE ART GALLERY.
  2. After the ORDER has been placed and all the steps in the ONLINE ART GALLERY have been followed, USER will receive a CONFIRMATION E-MAIL containing the details of the ORDER.
  3. USER ORDER represents an offer to purchase a product, which is accepted by ART CHEZ MOI when USER receives a DISPATCH CONFIRMATION E-MAIL. That acceptance will be complete at the time ART CHEZ MOI sends the DISPATCH CONFIRMATION E-MAIL to USER.
  4. Any products on the same ORDER which ART CHEZ MOI has not confirmed in the DISPATCH CONFIRMATION E-MAIL do not form part of that contract. No costs shall be charged to the USER regarding products that have not been confirmed.

CLAUSE 13 – INFORMATION ON ART OBJECTS

  1. All ART OBJECTS are sold according to the conditions and with the characteristics stated in the ONLINE ART GALLERY via the ART OBJECT image and the information provided thereon. All ART OBJECTS are original except where otherwise stated.
  2. If any information on the ART OBJECT or if any of the latter's conditions are unclear or insufficient, USER may reasonably request from ART CHEZ MOI the necessary clarifications or additional information, which ART CHEZ MOI will pursue to provide and obtain, to the extent available and necessary.

CLAUSE 14 – PRICING AND AVAILABILITY

  1. USER understands that a specific ART OBJECT may not be available at a particular moment because it was sold to a third party before USER order confirmation, or for any other reason whatsoever.
    1. If a ART PRODUCT is mispriced, despite our best efforts to verify prices, ART CHEZ MOI will:
    2. If a product's correct price is lower than the stated price, charge the lower amount and send USER the product.
    3. If a product's correct price is higher than the stated price, ART CHEZ MOI will, at its sole discretion, either contact USER for instructions before dispatch or cancel USER order and notify USER of such cancellation.
  2. ART PRODUCT price and transportation costs do not include VAT, Duties, Import Taxes, Custom Charges any other taxes that may be due, unless stated otherwise. If due, they are the USER/ buyer's responsibility .

CLAUSE 15 – TRANSPORTATION COSTS

  1. The ONLINE ART GALLERY sells ART OBJECTS from all around the world and when an ART OBJECT is purchased transport of it is made from its current location– whichever it may be – to the destination address provided by the USER.
  2. All transportation costs, as indicated in the ORDER, shall be charged to the USER.
  3. If the indicated transportation costs are mispriced, despite our best efforts in giving USER accurate information, ART CHEZ MOI will immediately contact USER, and USER shall be entitled to cancel the order at USER discretion.

CLAUSE 16 – CUSTOMS

  1. When ordering ART OBJECTS from the ONLINE ART GALLERY for delivery USER will need to take into consideration USER's own country of residence, the destination country – which will be provided by USER, and the ART OBJECT departure country.
  2. Considering the above, the ART OBJECT may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any charges for customs clearance, or any charges of a similar nature, shall be borne by USER.
  3. As regards local customs and duty taxes, ART CHEZ MOI may not give an accurate estimate on the costs thereof and, as such, such costs are not be indicated in the ORDER.

CLAUSE 17 - RETURNS

  1. USER may return a purchased ART OBJECT for a price refund, by notifying ART CHEZ MOI within 7 days of receipt of the ART OBJECT. The ART OBJECT must be received in the same undamaged condition as was sent, USER being responsible for all the damages to the ART OBJECT. An administrative fee of up to twenty percent of the ART OBJECT price may be retained by ART CHEZ MOI. Transportation costs and custom taxes shall be borne by the USER.
  2. If the ART OBJECT is delivered to USER with damages or other faults it may be returned, within five business days of the delivery date, to ART CHEZ MOI, following the below procedure:
    1. USER shall contact ART CHEZ MOI via e-mail stating USER claim with a brief identification of the damages or other faults involved;
    2. ART CHEZ MOI will analyze USER claim and if it finds that the claim is true and rightful it will reimburse USER of the all amounts, that is, the price, the transport cost and the custom charges, if applicable, and if proof is given of actual payment;
    3. ART CHEZ MOI will arrange transport of the ART OBJECT from the destination address to a destination to be specified by ART CHEZ MOI. USER is liable and undertakes to have the ART OBJECT ready for transport at the said address and at a date to be agreed with ART CHEZ MOI;
    4. Once the ART OBJECT is handed over to the transport company, as determined by ART CHEZ MOI, payment to USER shall be made.
  3. Under number 2 above, ART CHEZ MOI shall not be liable, in any case whatsoever, for payment of more than the ART OBJECT PRICE, including transport costs and custom charges, when applicable and against proof of actual payment.

PART THREE Final Provisions

CLAUSE 17 - COMMUNICATIONS

  1. All communications from ART CHEZ MOI or the ONLINE ART GALLERY to USER shall be done via e-mail or by posting notices on the website.
  2. For contractual purposes, USER consents to receive communications pursuant to number above and USER agrees that all agreements, notices, disclosures and other communications that ART CHEZ MOI provide to USER electronically satisfy any legal requirement that such communications be in writing.

CLAUSE 18 –AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

  1. ART CHEZ MOI reserves the right to make changes to the WEBSITE, policies, and these TERMS AND CONDITIONS at any time. USER will be subject to the policies and GENERAL TERMS AND CONDITIONS in force at the time that USER uses the WEBBSITE or that USER orders goods therefrom.
  2. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

CLAUSE 19 – LAW AND JURISDICTION

  1. These conditions are governed by and construed in accordance with the laws of the registered office of ART CHEZ MOI (European Union Offices – Portugal), as identified below, and any litigation arising from the matters herein included shall be submitted to the same jurisdiction.