Terms and Conditions of Use of the Boutique d'Art D. Caron

Preamble

Boutique d'Art D. Caron (bozarts.org) is operated by the artist Diane Caron, having its registered office in Montreal (Canada).

The present general conditions of sale apply to all the orders placed with the Boutique d'Art D.Caron for the whole of the artworks and services proposed by the www.bozarts.org site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Boutique d'Art D. Caron implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.

Boutique d'Art D. Caron reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Boutique d'Art D. Caron are those accepted by the Customer at the time of placing the order.

Article 1: Integrality

The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Boutique d'Art D. Caron is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.

Article 2 : Object

The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the Boutique d'Art D. Caron to the Customer, from the order to the delivery, including payment and the use of services made available by Boutique d'Art D. Caron.

Article 3 : Field of application

The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by Boutique d'Art D. Caron, whether the order is placed by Internet or telephone.

Article 4 : Order

Capacity to enter into contract

Every Customer of the Boutique d'Art D. Caron declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority.

Boutique d'Art D. Caron reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.

Acceptance of the Conditions by the Customer

The present Conditions can be read directly on the www.bozarts.org site. On simple request of the Customer, they can also be sent by electronic mail.

The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.

The purchase by telephone also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
Placing of an order

The individual Customer can place his order at Boutique d'Art D. Caron by Internet 24 hours a day, 7 days a week, or by telephone from Monday to Saturday from 12H00 (noon) to 7H00 pm.

The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:

    * clearly identify the artworks selected indicated on the www.bozarts.org site;
    * indicate the quantities requested;

    * identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;
    * indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
    * indicate the selected mode of delivery;
    * finally, indicate the selected mode of payment.

Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with Boutique d'Art D. Caron in a firm and final manner.

Every order implies acceptance of the prices and description of the artworks available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.

In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.bozarts.org site.

Confirmation of order

An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Boutique d'Art D. Caron. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.

Following of the order

The Customer can at any moment check the status of his order by consulting the heading "My account" on the www.bozarts.org site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. Boutique d'Art D. Caron thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. Boutique d'Art D. Caron endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of Boutique d'Art D. Caron in order to be informed of the stage of his order.

Proof of the order

The computerized registrations, preserved in the information processing systems of Boutique d'Art D. Caron under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.

The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.

Article 5 : Information on the artworks

Characteristics of the artworks

The information, characteristics, photographs and graphics presented on the sites or in the emails sent by Boutique d'Art D. Caron are given only on a purely indicative basis. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Boutique d'Art D. Caron. Boutique d'Art D. Caron will make its best efforts to ensure that the photographic representation of the artworks on the www.bozarts.org  site is as faithful as possible. It is nevertheless possible that the perception of the artworks does not correspond completely to the artworks. The description will mention what does or does not form part of the artwork.

Boutique d'Art D. Caron will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the artworks. Boutique d'Art D. Caron cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.

Availability of the artworks

Boutique d'Art D. Caron is committed to delivering the orders received only within the limit of the stocks of the artwork available. In the absence of availability of a artwork or artworks, Boutique d'Art D. Caron is committed to informing the Customer as quickly as possible. Boutique d'Art D. Caron reserves the right to modify the selection of artworks according in particular to the constraints imposed by its artist(s). Availability can vary during the same day according to the level of sales. Boutique d'Art D. Caron carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.

The unavailability of an artwork is mentioned on the artwork page concerned or in the shopping basket summary. Thus, Artworks may appear with the mention of delivery times, such as "in stock" or "immediate", "4 to 8 days", "1 to 2 week", "4 to 6 weeks", "Artwork not available" etc.

Delivery times indicated in the artwork page details are estimated times when the artwork(s) are not available in Boutique d'Art D. Caron stocks. They may thus be susceptible to variations for which the Customer will be informed by Boutique d'Art D. Caron in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.

If Boutique d'Art D. Caron cannot obtain an ordered artwork from its artist(s), Boutique d'Art D. Caron will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 30 days, or the exchange of the artwork not available for another artwork. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.

Boutique d'Art D. Caron cannot be held accountable for the non-fulfillment of an agreed contract in the case of the artwork being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.

Article 6 : Prices

Prices are indicated in Canadian Dollars and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site also appear in US dollars and Euros, but the price to be paid is in Canadian Dollars and is systematically indicated in a clear way before the confirmation of the order.

The prices posted on Boutique d'Art D. Caron are likely to be modified from time to time.

The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order. However the prices cannot be modified once the Customer has placed his order.

Article 7 : Payment

Means of payment

The Customer can pay his order online by the payment methods indicated in his order. The Customer guarantees Boutique d'Art D. Caron that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.

Boutique d'Art D. Caron uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via our Bank which alone receives the banking information provided on the site at the time of the payment.

Boutique d'Art D. Caron reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Boutique d'Art D. Caron notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.

Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to Boutique d'Art D. Caron. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.

Invoice

The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by Boutique d'Art D. Caron does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.

Boutique d'Art D. Caron preserves an electronic example of each invoice.

In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.

Transfer of property

Boutique d'Art D. Caron remains owner of the Artworks delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Artworks during delivery as well as of the damage which they could cause.

Article 8 : Delivery

Delivery zones

The Customer can contact the Boutique d'Art D. Caron customer services to have more information on delivery conditions to a specific country in the world outside of Canada, the US and Europe.

Delivery services

Artworks are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to Boutique d'Art D. Caron. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.

Boutique d'Art D. Caron cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).

Dispatching times

Orders placed online via the www.bozarts.org site are dealt with each day from Monday to Saturday, except public holiday. Boutique d'Art D. Caron does its utmost to treat and dispatch any order received before 11H00 am the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.

Boutique d'Art D. Caron informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.

In the case of an order which may comprise one or more Artworks not immediately available and one or more Artworks immediately available, Boutique d'Art D. Caron will dispatch the order as of reception of the whole of the Artworks which comprise the order. If the Customer wishes to receive the Artworks immediately available more quickly, he is advised to isolate these articles in a separate order.

An email is automatically sent to the Customer at the time of dispatch of the Artworks subject to the email address indicated in the inscription form not containing an error.

Transport times

Transport times depend on the transporter chosen by the Customer and the place of delivery.

Boutique d'Art D. Caron informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan areas) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.

Boutique d'Art D. Caron informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.

Delivery times

Delivery times may be considered to be the following:

    * If the artworks are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph);

    * If the artworks are not immediately available, then delivery time equals dispatching time plus transport time plus times of delivery by Boutique d'Art D. Caron's artist(s).

If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Boutique d'Art D. Caron. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.

Delivery methods

    * Standard delivery by Canada Post (usual delivery time of 48h):

This method of delivery makes it possible for the Customer to receive his parcel within 48 hours as from dispatch thanks to Canada Post and the expert parcel service (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to Saturday morning, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.

The parcel is dealt with by Canada Post and is delivered upon being signed for at the delivery address indicated by the Customer. In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the artworks will be returned to Boutique d'Art D. Caron which reserves the right to refund the price of the artworks, with transport costs being at the charge of the Customer.

    * Delivery by UPS (usual delivery time of 24h-48h)

This method of delivery makes it possible for the Customer to receive his parcel in 24-48 hours as from the time of dispatch thanks to UPS (excluding processing and preparation time of the order which can take from 1 to 2 days). The deliveries are carried out from Monday to Friday, except public holidays. This method of delivery is especially used to dispatch fragile, bulky or heavy products. The charges involved for this option depend on the total weight and volume of the ordered articles.

The parcel is dealt with by UPS and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address with the date of his next visit. The Customer can call UPS customer service to fix a new delivery date which is more appropriate for him. After 3 unsuccessful visits to the delivery address, the parcel is deposited at the nearest UPS agency.

The delivery times mentioned here are those which are usually experienced. No refunding of the delivery charges will be given in the event of delivery taking longer than those times indicated.

Methods of delivery outside Canada

In Europe and abroad, delivery is carried out via various transporters: Canada Post, UPS, etc. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.

Packaging

The Artworks are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the Artworks during their delivery. It is requested from the Customer to respect these same standards in the case of an Artwork being returned because of after-sales service or for reasons of suitability. Any damage noted to an Artwork arising from the Artwork not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.

Boutique d'Art D. Caron reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Boutique d'Art D. Caron of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Boutique d'Art D. Caron.

Delays in delivery related to the transporter

In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the Canada post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact Boutique d'Art D. Caron Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.

It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by Boutique d'Art D. Caron. Under these conditions, Boutique d'Art D. Caron accepts the responsibility of contacting the transporter concerned.

If the parcel is found, it will be sent immediately to the residence of the Customer.

Boutique d'Art D. Caron declines any and all responsibility regarding longer delivery delays due to the transporter's fault, namely in the case of the loss of an artwork or in the case of a strike.

Damaged parcels

The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Boutique d'Art D. Caron by email so that Boutique d'Art D. Caron can take the necessary measures as quickly as possible.

Article 9 : Right of retraction, return and exchange

Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), the Customer has the right to a seven-day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins as from the day of reception of the goods by the Customer.

The request to return the goods can be carried out:

- Either by going to the Boutique d'Art D. Caron site to the heading "Details on Purchases" in My Account: simply tick the product and the quantities to be returned, explain the reason for the return and validate by clicking on the "Create a Return". The demand for the return will then be studied and replied to by mail. Boutique d'Art D. Caron will then send a return authorization number to be marked on the parcel, as well as the address for returning the items.

- Or by contacting the Boutique d'Art D. Caron Customer Services, using the contact form, email or telephone, and they will indicate to the Customer the methods to be followed.

Boutique d'Art D. Caron recommends the Customer to return its products by Canada Post with registered delivery or insurance to the commercial value of the artworks, guaranteeing him, if necessary, the compensation for the artworks matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return.

The returned artworks must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any artwork which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer. In the event of having exercised the right of retraction, the Customer will receive a voucher for the sums paid which can be used against the next order. This voucher is valid for 6 months and is available online in the Customer's account. The Customer can also ask for the sums paid to be refunded directly. In the event of a demand for repayment, Boutique d'Art D. Caron will make all effort to refund the Customer within 30 days.

Article 10: Guarantee of Artworks

The Customer is expressly informed that the artist Diane Caron personally produces the paintings and other artworks offered by Boutique d'Art D. Caron. Consequently, each original painting and/or artwork is delivered with a Certificate of Authenticity signed by the artist Diane Caron.

Article 11 : Responsibility

Boutique d'Art D. Caron cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.

Hypertext links may send out to other sites than that of the www.bozarts.org site. Boutique d'Art D. Caron refuses any all responsibility if the contents of these sites contravene any laws or rules in force.

Article 12 : Force majeure

Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.

Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.

The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.

The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.

If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.

Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:

- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning,

- breakdown of telecommunications or network works not under control of the Customer.

Article 13 : Personal data

Visitors or Customers of the www.bozarts.org site have a constant right of access, modification, correction and suppression of the data which relate to them.

At the time of customer inscription or ordering, or within the framework of other specific operations, Boutique d'Art D. Caron invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.

Boutique d'Art D. Caron is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.

For commercial purposes, Boutique d'Art D. Caron can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the Boutique d'Art D. Caron site at any time.

Boutique d'Art D. Caron uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course.

Article 14 : Intellectual property

The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Boutique d'Art D. Caron. Any total or partial reproduction of the Boutique d'Art D. Caron artistic catalogue is strictly prohibited.

Any person having an Internet site wishing to place on his site a simple link directly to the www.bozarts.org site must request authorization from Boutique d'Art D. Caron. An authorization given by  Boutique d'Art D. Caron will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Boutique d'Art D. Caron, this link will have to be removed.

Article 15 : Entirety of Conditions

A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.

If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in Canada.

Relations between Boutique d'Art D. Caron and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.bozarts.org site.

Article 16 : Duration and application

The present Conditions apply throughout the time of all online services offered by Boutique d'Art D. Caron. They can be modified at any time by Boutique d'Art D. Caron. The Conditions applicable are those in force on the date of the registration of the order.

Article 17 : Territoriality and applicable law

The sale of artworks of Boutque d'Art D. Caron are subject to Canadian law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Boutique d'Art D. Caron and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Canada.

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