Terms of use and sale

Introduction

Zeuxis, a simplified joint-stock company with a capital of 10,000 euros, whose head office is located at 26 rue Martignac 75007 Paris, registered with the Paris Trade and Companies Register under number 810 154 500 (hereinafter "ZEUXIS"). "), Set up, on www.zeuxis-art.com (hereinafter the" Site "), an online market platform allowing buyers (hereinafter the" Buyers "), after registration on the Site , to return, through him, in relation with professional artists also registered on the Site (hereinafter "Sellers"), in order to buy works of art (hereinafter the "Works") proposed to a certain price (hereinafter the "Intermediation Service").

To use the Intermediation Service, the Purchaser must agree to abide by these Terms of Use (hereinafter the "Terms") without restriction or reservation. This acceptance is materialized by ticking and validating the validation message when registering on the Site.
Sales made through the Intermediation Service between Buyers and Sellers are governed by the General Conditions of Sale of the Intermediation Service (hereinafter the "GTC"). The T & Cs complete the TOS and must also be accepted by the Purchaser for each purchase.

The T & Cs were updated on March 30, 2015. ZEUXIS reserves the right to modify the TOS at any time. Any changes will take effect immediately for online works as soon as they are posted on the Site. The terms and conditions applicable to the Intermediation Services are those in force on the date of their use. The Purchaser will be kept informed of the new Terms and Conditions by sending an email from ZEUXIS to the e-mail address indicated by the Purchaser when registering for the Intermediation Service. Therefore, it is necessary that they are read by the Buyer before each sale made through the Intermediation Service.

1- Purpose

The purpose of the Terms of Use is to define the conditions under which ZEUXIS makes available to Buyers, as part of the Intermediation Service, a platform on the Internet to be able to buy Works from Sellers.

2- Description of the Intermediation service

The Intermediation Service consists of a set of tools allowing Buyers to register on the Site, to get in touch with the Sellers in order to place orders for Works, to pay the price of Works and to confirm the receipt of the works. During the sale operation of the Works, ZEUXIS only acts as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. As a result, the terms of recovery, exchange or refund of the Works will be determined between the Seller and the Buyer and can not bind ZEUXIS.
In order to improve the Intermediation Service, ZEUXIS provides the Buyer with a contact form to collect comments and suggestions.

In case of non-compliance with the Terms of Use, ZEUXIS reserves the right to temporarily or definitively interrupt access to the Intermediation Service of the Purchaser concerned.
In this case, ZEUXIS will send an email to the Buyer concerned to the email address associated with his account informing him of the temporary or permanent deactivation of his username and password and the temporary or permanent closure of his account.

In general, the Buyer is informed that he can close his customer account on simple request sent using the contact form.

3- Access to the Intermediation service

In addition to the acceptance of the TOS, access to the Intermediation Service is subject to the opening of a customer account on the Site. To this end, the Buyer must provide his identification data (name, address, telephone number, email address and any other information required). The data provided by the Buyer are under its sole responsibility, control and direction. The Buyer undertakes to provide complete, accurate and up-to-date information and not to impersonate a third party. The Buyer will inform ZEUXIS without delay of any changes affecting its identification data, using the contact form.

To use the Intermediation Service, the Purchaser must use the username and password created when opening his account. The Buyer undertakes to keep them secret and not to disclose them to any third party. Indeed, the Purchaser is solely responsible for access to the Intermediation Service through his username and password, unless evidence of fraudulent use that would not be attributable to him. In case of suspicion of the use of the username and password by a third party, the Buyer must immediately alert ZEUXIS using the contact form.

4- Price of the Intermediation service

The opening of a customer account and the use of the Intermediation Service are free (excluding any costs of the connection, the price of which depends on the electronic communication operator of the Buyer), with no obligation to purchase on the Site. Only the purchase of Works from Sellers is subject to payment, under the conditions stipulated in the GTC.

5- Personal data

The information and data concerning the Buyer are processed by ZEUXIS. Unless otherwise stated, they are essential to the management of his account and his access to the Intermediation Service. The information required for delivery will be transferred to the Seller for this purpose only. This information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations, if any, to ZEUXIS, and to enable it to improve and personalize the services offered and the information sent to the customer. 'Buyer.

In accordance with the law n ° 78-17 known as "Informatique et Libertés" of January 6, 1978, the Purchaser has a right of access to data, as well as a right to modify and delete them, in the conditions provided by law. To exercise these rights, it is sufficient for the Buyer to write online to ZEUXIS via the contact form or by mail to ZEUXIS SAS, 26 rue Martignac 75007 Paris, indicating his last name, first name, e-mail and address. In accordance with the regulations in force, the request of the Buyer must be signed and accompanied by a photocopy of an identity card bearing his signature and specify the address to which ZEUXIS must send him his reply. A reply will then be sent to the Buyer within a maximum of 2 months following receipt of the request.

The Buyer may receive offers from ZEUXIS and / or its partners (for example, newsletters, partner offers, etc.), depending on the choices made during the creation or consultation of its customer account. If the Buyer no longer wishes, he can at any time make the request to ZEUXIS using the contact form.

When consulting the Site, information relating to the Buyer's navigation may be recorded in "Cookies" files installed on its terminal (computer, tablet, smartphone ...).
These Cookies are issued by ZEUXIS in order to facilitate navigation on the Site and make it possible to recognize the browser of the Buyer when he is connected to the Site.

These cookies are issued in order to:
- to establish attendance statistics (number of visits, page views ...),
- to adapt the presentation of the Site to the display preferences of the terminals,
- memorize information entered in forms, manage and secure access to reserved and personal areas such as the customer account.

ZEUXIS reserves the right to implement cookies in the computer or other terminal of the Buyer during visits to the Site.
A Cookie does not identify the Buyer but is intended to report any previous visit of the Buyer on the Site to help ZEUXIS customize its Intermediation Service.
The Buyer can make settings so that cookies are disabled and avoid Cookies are installed, without his express agreement, in his computer. The Buyer may express and modify at any time his wishes for Cookies.

6- Intellectual Property

All the texts, comments, works, illustrations, Works and images reproduced or represented on the Site as well as the Site itself (and in particular its tree structure, its organization and the titration of its sections, its visual and graphic identity, its design , its ergonomics, its features) are strictly reserved under the law of the intellectual property, for all the term of protection of these rights and for the whole world.

It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraph, as well as to alter them, and more generally to use or exploit them. As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Any other use, except prior written permission of ZEUXIS or its partners constitutes counterfeit and sanctioned under the law of intellectual property.

Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of ZEUXIS. The Buyers undertake to make their best efforts to report to ZEUXIS any infringement of intellectual property right they would see.

7- Liabilities and guarantees

Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, including those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet.

Consequently, in the absence of default on his part, ZEUXIS can not be held responsible for any damage that may be suffered by a Buyer, in particular and without this list being exhaustive:
- operating losses or information, resulting from possible malfunctions, failures, delays or interruptions of access to the Internet;
- the transmission and / or reception of any data and / or information on the Internet;
- consequences of any virus, computer bug, anomaly, technical failure;
- the failure of any receiving equipment or communication lines;
- the loss of any email and, more generally, the loss of any data;
- any damage caused to the terminal (computer, tablet, smartphone ...) of a user who connects to the Site;
- any technical, hardware or software failure of any kind that has prevented or limited the possibility of using the Site or having damaged the system of a user who connects to the Site;
- any obvious failure or error (including technical, hardware, software, price display, translation etc.) of any nature, having prevented or limited the possibility of using the Site or having misled a user who is connects to the Site;
- indirect or unforeseeable damage on the date of occurrence of the damage.
It is the responsibility of any user to take all appropriate measures to: (i) protect his own data and / or software stored on the computer equipment that he connects to the Site, against any infringement; (ii) be able to assess whether there is a manifest error in the information displayed on the Site (by sending a message via the contact form) so that any useful checks can be made, to correct, where appropriate, incorrect information.

ZEUXIS 'liability to the Purchaser may be incurred only for facts that would be exclusively attributable to him and that would cause him harm directly related to these facts. It can not be held liable for indirect and unforeseeable damages on the date of occurrence of the damage. The responsibility of ZEUXIS can not be engaged either because of the misuse of the Intermediation Service by the Buyer or any fault (both contractual and delictual) on his part. It can no more be engaged for reasons attributable to a third party to the Intermediation Service.
By accepting the Terms, the Buyer declares that he is fully aware of the characteristics and constraints of the Internet, that he is solely responsible for the information he gives in connection with his account on the Site and its relations with other users of the Intermediation Service and that he is solely responsible for his use of the Intermediation Service.

In addition, pursuant to Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, ZEUXIS can not be held liable for the content made available on the Site by the Buyers or Sellers, in particular as regards the description of the Works, unless it did not make them promptly inaccessible after being informed of their illegality under the conditions provided by this law.

Finally, ZEUXIS declines any responsibility regarding the sales concluded by the Purchasers through its Intermediary Service with the Sellers, to which it remains foreign. Any complaint relating to the comments on the Works description or the deliveries of the Works will be redirected to the Designated Seller, who will assume full and sole responsibility in this regard.

The Buyer undertakes, on first request, including in the event of a non-final court decision, to compensate and compensate ZEUXIS for any damage, loss, loss of earnings, complaint, liability and costs, including fees and consulting costs. that ZEUXIS should be made to bear if its liability was engaged by a third party, because of a claim or action related to this use of the Intermediation Service by the Buyer.

Buyers are informed that ZEUXIS can communicate all information relating to them, including registered, to the competent authorities responsible for the repression of fraud and offenses.

8- Partial invalidity

If one or more provisions of the TOS are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope .

9- Duration and validity

The Buyer is subject to the Terms of Use upon acceptance on the Site and until the deletion of his account, whether or not he uses the Site Intermediation Services.

10- Loi applicable et juridiction

The Terms are subject to French law. In case of dispute regarding their interpretation and / or execution, the Buyer and ZEUXIS will make their best efforts to find an amicable solution. Failing an amicable agreement within 30 days from the notification of the dispute to the other party, the French courts will be competent.

Terms of sales

Introduction

These General Terms and Conditions of Sale (hereinafter the "GTC") apply in addition, as regards the Purchasers, the TOS (in which are defined the capitalized terms used in the GTC) and, as regards the Sellers, the confidential contract binding them to ZEUXIS.

The T & Cs apply to all sales of Works made through the Intermediation Service between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Buyers of Works, excluding those between the Buyers and ZEUXIS or between the Sellers and ZEUXIS. Relations between Buyers and ZEUXIS are governed by the Terms. The relations between the Sellers and ZEUXIS are governed by a confidential contract binding them.

During the sale operation of the Works, ZEUXIS only acts as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. As a result, the terms of recovery, exchange or refund of the Works will be determined between the Seller and the Buyer and can not bind ZEUXIS.

The T & Cs were updated on March 30, 2015. ZEUXIS reserves the right to modify the GTC at any time. Any changes will take effect immediately for online works as soon as they are posted on the Site. The terms and conditions applicable to the Intermediation Services are those in force on the date of their use. The Buyer and the Seller will be kept informed of the new GTC by sending an email from ZEUXIS to the e-mail address indicated by them when they register respectively with the Intermediation Service. Therefore, it is necessary that they are read by the Buyer and the Seller before each sale made through the Intermediation Service.

The term Work is used in the singular in the GTC to facilitate the purpose. Where applicable, this term is used in the plural when the sale relates to several works.

1- Conclusion of the contract of sale between the Buyer and the Seller

1) The Works are presented on the Site with a description giving the Buyer to be able to know their essential characteristics and their price.

2) The Buyer selects the Work that he wishes to purchase.

3) He confirms his choice of Work, reads and accepts the Terms and Conditions. This acceptance is materialized by ticking and validating the validation message. He chooses his method of payment between a payment by credit card or by bank transfer on the account of ZEUXIS. If he chooses the payment by credit card, he proceeds immediately to the payment by following the instructions mentioned on the Site. If he chooses the payment by bank transfer, he waits for confirmation of the availability of the Work then proceeds to this operation as soon as possible so that the payment is actually received within 5 working days from this confirmation on the ZEUXIS bank account.

4) The Buyer receives an email confirmation of taking into account his order. However, the contract of sale concluded between the Buyer and the Seller is subject to the resolutory condition that the Work is available and that the transfer has been received by ZEUXIS if the Buyer has chosen this method of payment.

5) The Seller is informed by ZEUXIS that a work he has put online has been the subject of an order.

6) The Seller undertakes to confirm or deny the availability of the Work ordered by the Purchaser within 5 days following the information referred to in point 5). In the case where the same Work is the subject of an order by several Buyers at a time, and depending on the availability of this Work (single work), it will only be sold to the first Buyer who registers his command. The order will be invalidated for the other buyers of the Work.

7) Once the availability of the Work has been confirmed or reversed by the Seller, an email is sent by ZEUXIS to the Buyer to inform him of the availability or not of the Work ordered.

8) In case of confirmation of the availability of the Work by the Seller, the resolutory condition attached to the contract of sale concluded between the Buyer and the Seller is waived. The Buyer makes the commitment to proceed to the payment of the Work by transfer if he has chosen this method of payment. The Seller in fact makes a firm commitment to deliver the Work or to make it available in the point of sale, within the time indicated on the Worksheet, once ZEUXIS has confirmed receipt of the transfer.
In the absence of confirmation of the availability of the Work within the period referred to in point 6), or of non receipt of the transfer by ZEUXIS within 5 working days from the date of validation of the availability of the Work by the Seller and if the Buyer has chosen this method of payment, the contract concluded between the Buyer and the Seller is automatically resolved and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the contract for the sale of the Unavailable Work is covered by this resolution.

9) In the event of confirmation of the availability of the Work ordered by the Buyer and confirmation of the receipt of the transfer by ZEUXIS, if the Purchaser has chosen this method of payment, the said Work shall be dispatched by the Seller or withdrawn by Buyer in accordance with the terms and conditions set out in Article 4.

2- Price and payment

The purchase price of the Work is set by the Seller. It is quoted in euros including tax on the description of the Work, but excluding delivery charges, the latter being specified during the validation of the shopping cart. If any customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and are his sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies. It is his responsibility to check with the competent authorities.

The payment of purchases made through the Intermediation Service can be made by credit card or bank transfer from ZEUXIS which cashes the corresponding amount, in the name and on behalf of the Seller.

When the payment of purchases made through the Intermediation Service is made by credit card with ZEUXIS, the Buyer will be charged the price of the Work purchased plus the delivery costs as from the moment the Seller has validated the availability of the Work.

In case of unavailability of the Work, the Buyer will not be charged and its payment will be canceled.

In case of availability validated by the Seller, the Buyer will be charged with a grace period of 5 days from the moment he has validated his order.
When the payment of purchases made through the Intermediation Service is made by transfer to the account of ZEUXIS, the transfer must be made within 5 working days from the date of validation of availability of the Work by the Seller.

3- Payments security

Transactions made on the Site are entrusted to a secure online payment platform so that no one can use the bank details of another person without his knowledge. ZEUXIS has chosen to entrust its secure online payment platform to Paybox.

ZEUXIS has no access to confidential information relating to the means of payment that the Buyer uses during payment.

Although ZEUXIS uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail can not be guaranteed. ZEUXIS can not be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damage resulting from failure or delay of transmission of electronic communications, interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

5- Mode and Shipping or Withdrawal Fees at Seller

5.1 Shipping by the Seller to the Buyer's domicile

The Buyer has the opportunity to have the Work delivered to the home by notifying him when placing his order. The Work is delivered to the address provided by the Buyer when ordering. In this case, the Seller, provided that he has validated the availability of the Work and that ZEUXIS has notified him of the receipt of payment, is responsible for packing the Work and making it available to a carrier. Shipping costs will be accepted by the Buyer at the time of the validation of his shopping cart.
Depending on the shipping address of the Buyer, different tax rules and other fees may apply. If the Buyer is shipped works outside its territory, it may be required to pay customs duties on the import during the reception of his works. ZEUXIS can not control these fees and can not predict their amount. Buyer will be responsible for payment of these taxes and customs duties not included.
The Buyer must inquire on this point before placing his order.
The Seller undertakes to make the commissioned Work available to the carrier within the time specified on the Work Sheet from the date of confirmation of availability of the Work ordered (or the date of receipt of the transfer if the Buyer has selected this method of payment); the Seller in fact making a firm commitment to make the Work available to a carrier within the time specified on the Worksheet. The works are delivered to the address indicated by the Buyer during the passage of his order and must be delivered no later than 7 working days after confirmation of the availability of the Work at the carrier by the Seller, the delay may vary according to the chosen carrier. It is the sole responsibility of the Buyer to ensure that the information he / she provides to ZEUXIS for this purpose is and remains correct and that it will allow him / her to receive the Works he buys on the Site.
In the context of a delivery by specialized carrier, the Seller undertakes to transmit to ZEUXIS, who will then forward them to the Buyer, the name of the carrier who has taken charge of the transport of the Work at the Buyer and the parcel number and this in order to allow the Buyer to track the status of his order on the carrier's site, provided that the latter offers a package tracking service.
In this context, the Work travels at the risk of the Seller.
As part of a DHL Express delivery, ZEUXIS will send the Buyer the package number and the link to the DHL Express website to track the package. In this context, the works travel at the risk of ZEUXIS.

5.2 Withdrawal from the Seller by the Buyer

The Buyer may also remove the Work ordered on the Site directly from the Seller's home or point of sale.
The Buyer indicates for each Work the delivery method (shipping or withdrawal at the Seller) that he chooses during the validation process of his order on the Site.
In the case of a withdrawal at the Seller, the Buyer will not be required to pay the delivery charges.
Once he has placed his order and subject to the effective availability of the Work and receipt of the transfer by ZEUXIS (if the Buyer has chosen this method of payment), the Seller puts the Work ordered to Purchaser's disposal within the time indicated on the Worksheet.
The Seller will specify on his space to the Buyer that the Work is at his disposal at the Seller's home or point of sale. The Buyer will then receive an email from ZEUXIS to warn him.
The Buyer has a period of 15 days from the receipt of the email referred to above to remove the Work at the address specified by the Seller.
The Seller, provided only that ZEUXIS has confirmed receipt of the full payment, will deliver the Work and the invoice and the certificate of authenticity to the Buyer after making sure of the identity of the latter.

6- Right of withdrawal

In accordance with the legal provisions in force, in the context of a purchase made from a Seller established in the European Economic Area, the Buyer, if he himself is a national of this zone, has a period of 14 days from the receipt of the Work ordered to exercise, with the Seller, his right of withdrawal, without having to justify reasons or to pay a penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not himself a national of this zone this right of withdrawal is not applicable.
In any case, the right of withdrawal is not applicable in all cases where the Work has been the subject of customization for the benefit of the Buyer.
The Buyer exercises his right of withdrawal directly from ZEUXIS by sending an email to contact@zeuxis.com. ZEUXIS will then notify the Seller by sending an email. The Seller then makes his personal case for the withdrawal requested by the Buyer. The elements relating to the retraction are directly settled between the Buyer and the Seller who will make their best efforts so that the Buyer can exercise this right in accordance with the regulations in force.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Work purchased will be refunded by the Seller through ZEUXIS, the shipping and return costs will be borne by the Buyer. .
The Work must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of its sending.

7- Litigation - Disputes

In general, the Seller undertakes to deliver a quality service to Buyers.
As such, any Buyer has the opportunity to report by sending an email to ZEUXIS at contact@zeuxis.com, within 14 days of receipt of any Work, any claim concerning the Works ordered, according to the following criteria:
- Work not received: the Work has not been received by the Purchaser.
- Work not in conformity: the Work received does not correspond to the Work ordered.
- Work damaged: the Work received is damaged or broken.
In the event of a claim by a Purchaser concerning a Work, once the Seller is informed of the said claim by sending an email from ZEUXIS, the Seller is personally responsible for the resolution of the dispute between him and the customer. 'Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller shall make best efforts to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Work ordered and the reimbursement of the Buyer by the Seller or the partial or total refund of the Buyer only.
In case of return of the Work by the Buyer, the Seller will refund to the Buyer the price of the Work. The Seller will arrange the return and the shipping and return costs will be borne by him.

8- Personal data

The Buyer and the Seller are informed that all data collected as part of the Intermediation Service during the placing of orders are processed by ZEUXIS for the purpose of processing said orders.
The information and data of the Purchasers relating to the delivery are transmitted by ZEUXIS to the Sellers for the sole purpose of allowing them to dispatch the Works ordered. They can not under any circumstances be used for other purposes.
Each Seller has access only to personal data provided by the Purchasers of the Work to ZEUXIS when ordering.
The Sellers undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders. The responsibility of ZEUXIS can not be engaged in this respect. the cost of return remains the responsibility of the Buyer.
In case of difficulty concerning the processing of these data, the Buyer and the Seller may contact ZEUXIS directly at contact@zeuxis.com.

9- Partial invalidity

If one or more stipulations of the GSC are held to be invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope .

10- Applicable law

The GSC are subject to French law. In case of dispute concerning their interpretation and / or execution, the Buyer, the Seller and ZEUXIS will make their best efforts to find an amicable solution. In the absence of amicable agreement within 30 days from the notification of the dispute to one of the other parties, the French courts will be competent.