UPDATED the 25TH OF MAY 2020

INTRODUCTION

The website www.vponiatowskidesign.com is an information and e-commerce website accessible via the internet and open to all users of the internet. It is published by VICTORIA PONIATOWSKI ART CONSULTANCY, a simplified joint-stock company with capital of 5,000 euros with its registered office at 31 Avenue Georges Mandel, Paris 75116 and recorded in the Paris Trade and Companies Register under number 832 783 773 RCS Paris.

The Website allows VICTORIA PONIATOWSKI ART CONSULTANCY to offer items with a unique or limited-edition design objects created by artists for sale to Web Users browsing the Website.

Article 1 -Definitions

The terms and expressions that begin in upper case in the General Conditions of Sale are defined as follows
(whether used in the singular or the plural):
“General Conditions of Sale”: Means this document, i.e. the terms and conditions applicable to dealings between VICTORIA PONIATOWSKI ART CONSULTANCY and the Client
“Site”: Means the website that can be accessed at www.vponiatowskidesign.com
“Web User”: Means the website that can be accessed at www.vponiatowskidesign.com
“Works”:Means items with a unique or limited-edition design objects created by artists for sale on the Website
“Users”: Means Web Users browsing the Website
“Client”: Means any User who uses the Website and acquires one or more Works for their personal requirements via the Website, having first adhered to the General Conditions of Sale
“Territory”: Means orders placed for delivery in mainland France, including Corsica.
“Order Confirmation”: Means any order confirmed by the Client via email with acknowledgement of receipt

Article 2: Purpose

The purpose of these GCS is to define the rights and obligations of the Parties that arise from the sale of the Works offered on the Website exclusively as a result of the relationship established between them online. These GCS govern all of the steps required to place the order, and ensure follow-up of the order by the Parties. These apply to the exclusion of any other document.

Article 3 - Scope

These GCS are reserved for Clients who wish to acquire the Works offered for Sale on the Website. In accordance with articles L.111-1 and L.111-3 of the Consumer Code, the essential characteristics and prices of the Works sold via electronic means are available on the Website. These GCS apply without restriction or reservation to all sales concluded by “VICTORIA PONIATOWSKI ART CONSULTANCY” via the Website.

The Order Confirmation as defined in Article 6 shall therefore constitute acceptance of these GCS without restriction or reservation. GENERAL CONDITIONS OF SALE 2 These GCS are applicable to orders placed for delivery in mainland France, including Corsica. These GCS cannot be amended to contain conflicting stipulations found in the order of the Client. Any deviation from these conditions will not be deemed to have been accepted without prior written consent from VICTORIA PONIATOWSKI ART CONSULTANCY. VICTORIA PONIATOWSKI ART CONSULTANCY reserves the right to amend these GCS at any time by publishing a new version thereof on the Website.

The GCS are those in force as at the date of Order Confirmation as defined in Article 6.

Article 4 -  Entry into force and duration

This Agreement shall enter into force on the date of Order Confirmation, as defined in Article 6. The Agreement is entered into for as long as it is required to provide the Works, until the extinction of the guarantees and obligations due by VICTORIA PONIATOWSKI ART CONSULTANCY.

Article 5 -  Works offered for sale

The Works offered for sale by VICTORIA PONIATOWSKI ART CONSULTANCY are those that appear on the Website at the date the Website is visited by the User, within the limit of available stock. If a Work is not available, the Client will be informed as soon as possible. The main characteristics of the Works, in particular the specifications, illustrations and information on the dimensions or capacity of the Works, will be presented on the Website.

The Client must acknowledge these characteristics before placing an order. The choice and purchase of a Work is the sole responsibility of the Client.

The photographs and visuals on the Website are not contractually binding, and will not engage the liability of VICTORIA PONIATOWSKI ART CONSULTANCY. The Client must refer to the description of each Work in order to learn about its properties, essential features, and delivery times. The representation of Works on the Website cannot be guaranteed, in particular due to differences in the rendering of colours by internet browsing software and/or monitors. VICTORIA PONIATOWSKI ART CONSULTANCY will not be held liable for the inaccuracy of photographs posted on the Website.

Given that the Works are created by Artists, in view of their originality there may be differences between the Works delivered and those represented on the Website. Thus, the homogeneity of production cannot be guaranteed. Contractual informations are presented in English, and are confirmed at the time of the confirmation of the Order by the Client as defined in article 6.

Article 6 -  Ordering Works and steps for the conclusion of the  sale online

By confirming your order, you accept all of these GCS posted made available to you on the Website and acknowledge that you are perfectly familiar with them. GENERAL CONDITIONS OF SALE 3 The Client will receive an electronic receipt as confirmation of the Order. The Client will receive electronic confirmation of shipment of the Order. The Order will be delivered to the delivery address provided by the Client.

At the various stages of the ordering process referred to above, the Client promises to comply with these contractual conditions via the application of Article 1316-1 of the Civil Code. VICTORIA PONIATOWSKI ART CONSULTANCY promises to honour the order within the limit of available stock of the Works. If a Work is not available, VICTORIA PONIATOWSKI ART CONSULTANCY promises to inform the Client. However, in accordance with Article L.122-1 of the Consumer Code, VICTORIA PONIATOWSKI ART CONSULTANCY reserves the right to refuse the order if it is abnormal or placed in bad faith or for any other legitimate reason and, in particular, if there is an open dispute with the Client in relation to payment of a previous order.

Article 7 -  Price of the Works and conditions of validity

The stated prices for the Works are in euros, inclusive of taxes but excluding delivery costs, and are valid for all territories in the European Union. They include any reductions and French VAT applicable at the date of the order. All orders, regardless of where they are placed, are payable exclusively in euros.

The price is payable at the time the order is placed on the website www.vponiatowskidesign.com. The Client is invoiced extra costs for the processing, shipping, transport and delivery as referred to in Article 9 under the conditions stipulated on the Website. Those costs are calculated prior to the confirmation of the order. The payment to be made by the Client is for the total cost of the purchase, including these costs. Upon confirmation of the Order, the price payable is all-inclusive. Offers and Prices are valid until the Website is updated.

Invoices on all orders placed on the Website and delivered outside the European Union and overseas French department and territories will exclude VAT any may be subject to other taxes, customs charges and other related charges applicable when they reach their destination. These additional costs, which are estimates, will be paid by and are the responsibility of the Client. The prices stated on the Website are guaranteed on the date of the order within the limit of available stock, manifest typographical errors or omissions excepted.

These shipping costs do not include customs charges and other related costs payable upon entry to certain countries. These expenses are payable exclusively by the Client.

VICTORIA PONIATOWSKI ART CONSULTANCY reserves the right (to which the Client agrees) to change its prices at any time.

Article 8 -  Conditions of payment

1. - The all-inclusive price is payable solely by credit card. The accepted credit cards are Visa, MasterCard, Maestro and Amex. GENERAL CONDITIONS OF SALE 4

2. - Card payments are processed by the company Stripe. The number, expiry date and CVV on your credit card are entered on a highly secured page operated by Stripe. No card numbers are stored on the Website.

The processing of payments by Stripe is certified in accordance with the PCI/DSS Standard by Visa, Mastercard, Maestro and Amex. This certification stipulates that the most rigorous security rules are to be applied to protect Clients’ credit card details.

The cost of the order will be debited from the credit card of the client by Stripe upon acceptance of the order.

If the all-inclusive price cannot be debited from the credit card of the Client, the sale will be terminated immediately and the Order cancelled.

Article 9 - Delivery of the Order

9.1. Delivery method

The Client shall select one of the delivery methods offered on the Website when placing their order.

9.2. Delivery address

The Client shall choose a delivery address. This address must be in France; otherwise, the order will not be accepted. The Client shall bear sole responsibility for problems with delivery that are the result of incorrect details provided when placing the order.

9.3. Cost of delivery

The cost of delivery depends on the value of the order and the method of delivery chosen by the Client. In any event, the Client will be informed of the cost of delivery before the Order is confirmed.

9.4. Delivery Time

Delivery times are available on the Website. These times can vary according to the availability of the Works ordered. Delivery times are stated in business days and refer to average preparation and delivery times of the Order within the territory. Delivery times start on the date the order is confirmed by VICTORIA PONIATOWSKI ART CONSULTANCY.

9.5. Late delivery

In the event of late delivery, the order will not be cancelled. VICTORIA PONIATOWSKI ART CONSULTANCY shall inform the Client via e-mail that their Order will be delivered late. 

9.6. Delivery tracking

The Client can track progress on the processing of their order by writing to the e-mail address of VICTORIA PONIATOWSKI ART CONSULTANCY.

9.7. Verification of the Order upon arrival

It is the Customer’s responsibility to check the conformity of the Work at the time of delivery. If the Customer considers that the Work is not in conformed with his order or damaged, he must either refuse delivery or GENERAL CONDITIONS OF SALE 5 contact straight away Victoria Poniatowski Design by email sent to following address: info@vponiatowskidesign.com. No complaints made after receipt will be taken into account. The Client is informed that, in accordance with the applicable regulations, acceptance without complaints implies acceptance of the Work delivered.

Article 10 -   Return and right of withdrawal

10.1 Conditions of withdrawal

The Client can exercise a right of withdrawal within fourteen (14) calendar days after receipt or withdrawal of the order. If this deadline falls on a Saturday, Sunday, public holiday or non-working day, it will be extended to the next business day. Clients who wish to exercise their right of withdrawal must return the Works within the timeframe mentioned above, new, complete and in their original packaging. The Client can exercise this right of withdrawal without having to give reasons or incurring penalties (except, if necessary, return costs). To exercise their right of withdrawal, the Client, in accordance with Article 16, must provide notification of their decision to withdraw their order in the form of a clearly-worded written statement, stating their forename and surname, e-mail address, postal address and the number and date of their order:

Via mail: VICTORIA PONIATOWSKI ART CONSULTANCY 31 Avenue Georges Mandel 75116 Paris FRANCE

The withdrawal period is respected when the Client sends their revocation within fourteen (14) clear days. Returns are at the expense and risk of the Client. Works will be returned in their original packaging, in resalable condition. Works that are damaged, soiled and/or incomplete cannot be returned; nor will refunds be given for such Works. The right of withdrawal does not apply to Works that have been clearly personalised at the request of the Client, e.g. by engraving their name on a Work.

10.2. Reimbursement

Given that packaging and delivery costs are paid by the Client at the time the order is placed, the Client will only be reimbursed for the sale price of the Work within 14 days after the date VICTORIA PONIATOWSKI ART CONSULTANCY is informed of the decision of the Client to withdraw, provided that the Work(s) concerned have been returned to VICTORIA PONIATOWSKI ART CONSULTANCY. VICTORIA PONIATOWSKI ART CONSULTANCY will be able to defer this reimbursement after the Work(s) has been received and verified.

Article 11 -  Complaints

The Client must forward any claims to VICTORIA PONIATOWSKI ART CONSULTANCY customer service department by post or e-mail. Complaints must include the order reference number and date of the order.

Article 12 -   Intellectual property rights

12.1 Ownership of the website and the distinctive elements of VICTORIA PONIATOWSKI ART CONSULTANCY

All elements published on the Website are protected by the provisions of the Intellectual Property Code, and are the property of VICTORIA PONIATOWSKI ART CONSULTANCY. The VICTORIA PONIATOWSKI ART CONSULTANCY brand, as well as all trademarks (whether figurative or not) and, in general all other brands, illustrations, images and logos that appear on accessories and their packaging, whether filed or not, are and shall remain the exclusive property of VICTORIA PONIATOWSKI ART CONSULTANCY. The reproduction (whether in full or in part), modification or use of these brands, illustrations, images and logotypes for any reason and in any format without the prior express agreement of VICTORIA PONIATOWSKI ART CONSULTANCY is strictly prohibited. As well as any combination or concurrence with any other brand, symbol, logo and more generally any distinctive sign meant to build a mixed logo. The same applies for all copyright, designs, models and patents, which are the property of VICTORIA PONIATOWSKI ART CONSULTANCY.

Apart from any request on its part, VICTORIA PONIATOWSKI ART CONSULTANCY prohibits the attachment of a hypertext to the Website. A Client who wishes to make a link that takes the User directly to the homepage of the Website available on their personal website must request express authorisation to do in advance from VICTORIA PONIATOWSKI ART CONSULTANCY.

12.2. Ownership of the Work

Only the material property of the Work is transferred to the Client on the occasion of the sale. The sale of the Work does not in any case transfer to the Client intellectual property rights relating to the Work, which remains the exclusive property of the artist who produced the Work. VICTORIA PONIATOWSKI ART CONSULTANCY guarantees the Client that it has all the rights and authorizations necessary for the sale of the material property of the Work, but does not make any other guarantee.

Article 13 -  Confidentiality of data

The information requested of the Client is required to process the order. VICTORIA PONIATOWSKI ART CONSULTANCY promises to process personal data collected in accordance with applicable personal data protection regulations.   Depending on the case, these data are processed with the consent of the person whose data are being processed or on the legitimate interests of VICTORIA PONIATOWSKI ART CONSULTANCY, or within the framework of the performance of the agreement the object of the order. 

Personal data are retained by VICTORIA PONIATOWSKI ART CONSULTANCY for as long as required to achieve the purposes described above. Where required, personal data may be shared with subcontractors, in particular IT subcontractors and commercial partners and advisors (e.g. accountants, auditors, etc.) of VICTORIA PONIATOWSKI ART CONSULTANCY and administrative and judicial authorities to meet legal obligations and in the event of a control or other request, as well as any company following a transfer of operations or merger. To the extent permitted by law, any subject of said data processing has the right to access, oppose, amend, delete or move their personal data, as well as the right to limit the processing of their personal data, by writing to VICTORIA PONIATOWSKI ART CONSULTANCY (providing their e-mail address, surname, forename and postal address) at victoria@vponiatowskidesign.com.

Article 14 -  Responsibility

Photographs and text reproduced on the website www.vponiatowskidesign.com are not contractually binding. As a result, any error made with photographs or text will not engage the liability of VICTORIA PONIATOWSKI ART CONSULTANCY. In any event, if the liability of VICTORIA PONIATOWSKI ART CONSULTANCY can be engaged as a result of the non- performance of the agreement or poor workmanship, VICTORIA PONIATOWSKI ART CONSULTANCY will not be required to pay an amount for damages in excess of the value of the products purchased under the terms of the agreement. VICTORIA PONIATOWSKI ART CONSULTANCY will not be able to be held liable in the event of force majeure.

The execution by VICTORIA PONIATOWSKI ART CONSULTANCY of its obligations under the terms of this Agreement will be suspended in the event of a case of force majeure that impedes or delays the fulfilment of these obligations.

Force majeure shall refer to any event that is beyond the control of a Party and which cannot be reasonably foreseen when the agreement is signed, and whose effects cannot be avoided using appropriate measures and which prevents the execution of its obligation by that Party and, more generally, cases stipulated in the law and in French case law in this area. (e.g. declared or undeclared war, a general strike, epidemic diseases, quarantine, fire, exceptional floods, accidents, etc.). In the event of an instance of force majeure, the Party unable to fulfil its obligations and who cites a case of force majeure must immediately inform the other Party of the instance of force majeure in writing via any means as soon as possible, providing details of its nature and anticipated duration and the obligations it believes it will not be able to fulfil. Said Party must immediately inform the other Party of the cessation of the impediment.

Deadlines for delivery will be automatically postponed as a function of the duration of the instance of force majeure. When the execution of the obligations of VICTORIA PONIATOWSKI ART CONSULTANCY Is suspended for more than forty-five (45) days, the Client can terminate the order in progress and VICTORIA PONIATOWSKI ART CONSULTANCY will provide reimbursement for the Order under the conditions referred to in Article 10.

Article 15 -  Notifications

All notifications to be issued within the framework of this Agreement will be deemed to have been issued if sent via registered mail with acknowledgement of receipt to the following addresses:

VICTORIA PONIATOWSKI ART CONSULTANCY: 31 Avenue Georges Mandel 75116 Paris FRANCE

Address specified by the Client in the order.

Article 16 -  Governing law and jurisdiction

These GCS are governed exclusively by French law, to the exclusion of all other laws. Disputes relating to the application, interpretation or execution of these GCS will be referred to the courts of Paris, including proceedings involving the introduction of third parties and proceedings involving several defendants.

Done in Paris on 20/05/2020