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Terms of Sale

Object   

The present terms of sale are concluded on the one hand by Artextenso - Fine Art Editions, whose head office is in Nice, France, SIRET N ° 523 196 574 00017, hereafter called "Artextenso" and on the other hand, by any person or body wishing to buy via the Artextenso website, "Artextenso.com" named hereafter the "buyer". The present conditions of sale aim to define the contractual relationship between Artextenso and the buyer as well as the conditions applicable to all purchases made through the site Artextenso.com, whether the buyer is a professional or an individual. The acquisition of goods or services through the present site implies an unconditional acceptance by the buyer to the present terms of sale. These conditions of sale will prevail on any other general or particular terms and conditions not expressly approved by Artextenso. Artextenso reserves the right to modify its site, its sales policy and its conditions of sale at any time without notice. In this case, the conditions will be in effect from the date of the order made by the buyer.

The Offer : Characteristics of products

Products and services correspond to those listed in the catalog published on the site « Artextenso.com ». 
A CHOICE OF FIGURATIVE AND ABSTRACT WORKS FROM THE ARTIST THOMAS PAPADOPERAKIS, ORIGINAL AND EXCLUSIVE DIGITAL ARTPRINTS - High quality art prints with the following characteristics:      
TECHNICAL INFORMATION that guarantees the quality process of the prints:
We work with a specialized and highly skilled workshop that uses the Epson’s famous « Digigraphie® » solution developed for artists. We chose Epsonbecause their high-quality specification is recognized and appreciated worldwide. The workshop is fully equipped with Epson hardware and software including: « Epson Stylus Pro » professional printers with high technical performance, UltraChrome™ highly resistant pigmented inks that ensure the print's longevity and stability over time (60 to 100 years) as well as exceptional conservation quality, certified art paper and canvas. 
MATERIALS
Art paper  260 gr, 100 % cotton rag, buffered and acid free, high resolution coating for ink jet, certified « Digigraphie ®» quality
Canvas 350 gr, 100 % cotton, acid free, high resolution coating for ink jet. 
PRESENTATION  
On art paper:Each work of art is numbered, stamped, signature embossed (dry relief printing) and deckle-edged* at the front. Sizes XL et XXL are also available with wider margins. In that case, the work of art is signature stamped. *This handmade finishing allows framing without a mat.
On canvas:Each work of art is numbered, stamp-signed at the back in all.
The production of each print is individually controlled to ensure faithfulness to the original.
It is protected in a cellophane envelope.
The work of art is delivered with a certificate of authenticity carrying the print number and a biographical note of the artist.
SIZES 
Ιmages: Five sizes: Small (S), Medium (M), Large (L), Extra Large (XL), Giant (XXL). As works of art are not standard sized, sizes are calculated as follows: Small (S), fixed mesure, large side of the work: 4,7 inches (12 cm).All the other sizes, fixed mesure, small side of the work: Medium (M) = 6,3 inches (16 cm), Large (L) = 9,4 inches (24 cm), Extra Large (XL) = 14,5  inches (37 cm), Giant (XXL) = 20,4 inches (52 cm).
NB: Due to the individual proportions of the original work, the final size varies slightly from one model to another.
Exception: Panoramic work of art, A 02, has fixed dimensions as follows:  S = 2,6 x 5,9 inches (6,7 x 15 cm), M = 3,9 x 8,6 inches (10 x 22 cm), L = 6 x 13,3 inches (15,3 x 34 cm),
XL = 10,6 x 23,6 inches (27 x 60 cm), XXL = 15 x 33,4 inches (38,2 x 85 cm)
Margins: Paper : S, M, L, XL, XXL = 1,2 inches (3 cm)XL+ = 3,1 inches (8 cm), XXL+ = 3,9 inches (10 cm). Canvas: All sizes = 1,5 inches (4 cm)
We consider all requests for custom sizes, within the width of 43.3 inches (110 cm). We will make you a suitable proposal.
Colours of the images in the online catalogue are accurate but can not achieve a perfect similarity with the printed product and the buyer must take into account variations due to his computer screen settings.

Order

During the online process, the buyer must:
- log: create a customer account (fill in the form of identification, which indicates the requested information) or access his personal account, if he has one already.  
- complete the online order form giving all the references of selected works and services; 
- validate the order after checking it (articles, quantity, delivery, total price);
- confirm his order and his payment;
- carry out the payment as scheduled.
The contract is concluded upon confirmation of payment by PAYPAL (cards), the bank (cheques, bank transfers and cash deposit). Confirmation of the order involves the acceptance of these terms of sale and the recognition that they have been fully understood. The terms are available for reading and printing from the link entitled “Terms of Sale”. All data recorded and stored confirmation will be considered as valid evidence of the transaction. The confirmation will apply as signature and acceptance of the operations carried out. Artextenso will email confirmation of the order recorded.
The buyer may also order directly by: mail ▪ telephone e-mail To do so, click on link "Contact Us" or "Contact Information”.
In all the cases, the order will be validated upon confirmation of the cashing by the payment centres of the amount of the transaction. The latter procedure requires additional time. A printable invoice is available on the site from the private space (My account) of the client. In case of refusal of payment, the order will be automatically cancelled and the client notified by email. Also, Artextenso reserves the right to refuse any order from a customer with whom there might be a dispute.

Packing

The works protected under the conditions described in the offer are sent in special packaging - flat rigid cardboard or cardboard tubes. These packages are specially designed to best protect and enable the secure sending of works.

Delivery

Deliveries are made to the address given on the order form.
All our consignments are processed by the Frech Post Office with
• priority service
• national or international registration with acknowledgement of receipt (RAR).
There is proof of posting, customer signature on delivery and availability at the Post Office for 15 days (France) if you are out when delivery is made.
Artextenso’s responsibility is to deliver your order safely. So, in the event of damage during transport, you must refuse the parcel and return it to us.
Delivery times
Delivery times are approximate:
• Shipping within 5-10 working days from acceptance of order and processing of payment
• Delivery in 48 hours (Priority Post in France, D + 2/4 working days in Europe).
• Transit advice note, which allows you to collect your package from your Post Office (within 15 days in France) if you are out when delivery is attempted.
Responsibility of delivery lies with the carrier. Therefore, no claim for compensation for late delivery will be accepted by Artextenso.

Postal charges

Delivery charges are given in the order basket and the customer’s order summary page. They include handling, packing and postal expenses. When a customer purchases more than one work in a single order, this order will be grouped in one parcel and postal charges will be calculated on the final weight. Multiple purchases made on the website using separate order forms will be sent separately and postal charges will apply for each order.
Import costs: Customers requiring delivery to a country outside the European Union should be aware that they may be required to pay Customs import duty.The payment of any such import duty is entirely the responsibility of the importer, not of Artextenso.

Price lists

The prices appearing in the catalogue are duty free prices in Euros. The buyer is exempt from VAT. Artextenso reserves the right to change its prices at any time. However, it should be understood that the price that appears in the catalogue at the time of the order will be the only applicable one to the buyer. The indicated prices do not include order processing costs (packaging), transport and delivery costs. A summary of the prices of the artworks is available for consultation in the page "The Offer" in the two tables of sizes proposed.

Terms of payment

The price is due with the order. Several payment methods are available:
• Credit cards (Visa, Mastercard, virtual credit card, Aurore, Cofinoga, 4étoiles) via Paypal
• Cheque (orders paid in France only: the cheque must be issued by a bank domiciled in mainland France)
• Bank transfer or postal money order (orders paid from the European Union only)
 Cash deposit on the Société Générale.

Bank

Code

Branch

Code

Account n°
Bank account identification document (RIB)

IBAN :
BIC : SOGEFRPP
Payable exclusively to the order of "Helene PAPADOPERAKIS" (name of the company)

In any case (except for PayPal), statement of the number and date of order, needed for the process are required.

N.B. Artextenso does not accept cash on delivery payment.

Security of electronic payments
The electronic payments are carried out via PAYPAL. PAYPAL uses a very high level of protection of the sensitive data, the SSL protocol (Secure Socket Layer). Thus, the data bank of the buyer is encrypted so that no third party can have access to this information during its transit on the network. It cannot be read on the Internet and cannot be intercepted. The banking data of the buyer (card number, date expiry ….) is in no way transmitted to Artextenso.

Withdrawal

According to the article L121-20 of the Consumer Code, the buyer is allowed a 7-day cooling off period from the delivery day of his order in order to decide whether he wishes to keep the work. If he decides to return it, he may exchange it, or be reimbursed by cheque through the purchase address, as indicated at the time of purchase without penalty. N.B: In this case, Artextenso does not pay the return postage.
Please note: Works of art must be returned in their original packaging. If they are soiled or damaged in any way, Artextenso has the right to refuse their return. We strongly recommend that the buyer only takes the works out of the cellophane packaging when he is sure he wants to keep them. We also strongly recommend that the works be handled with gloves or at least with very clean hands.

Guarantee of satisfaction – Exchange

Artextenso is particularly sensitive to the satisfaction of the buyer and if the received works do not conform with the order, i.e. if the works arrive damaged or faulty, Artextenso undertakes to exchange them at its own expense, in a similar size and material. N.B: No refund of purchase will be possible. The works must be returned entirely in their original packaging. If they are in any way dirtied or damaged by the buyer there is risk that their return will be refused. If the buyer wishes to change a work for another of his choice, Artextenso will accept the return of the work as long as it is returned in its original packaging and is in perfect condition. The charges for delivery are then the responsibility of the buyer. In the case of the right to return and only in this case, will the cost of return and new shipment be met at Artextenso’s expense.
All complaints, requests for exchange or refund must be carried out within a period of eight days from the original delivery. This must be done exclusively by registered post and sent to the following address: Mrs Helene Papadoperakis, Artextenso - Fine Art Editions - 2 Bis rue Boyer - 06300 - NICE (France).

Disclaimer of Liability

In the case of an on-line sale, Artextenso is bound only by an obligation of method; its responsibility will not cover any damage that has been caused by the  Internet network, such as data loss, hacking, viruses, break of the service, or other involuntary problems. In accordance with article 1148 of the Civil Code, Artextenso will not be held responsible or regarded as having caused a fault in the process of the buyer’s file, if any delay or failure is the result of an external major incident: i.e. "an event that is unpredictable and beyond the control of the parties will be regarded as constituting a case of external major incident".

Filing – Proof

Artextenso will archive order forms and invoices on a reliable support system that provides a legitimate copy in accordance with the provisions of article 1348 of the Civil code. Registers computerised by Artextenso will be regarded by all parties as proof of communication, orders, payments and transactions that have been carried out between both parties. The data recorded by the PAYPAL payment system constitutes the proof of financial transactions.

Confidentiality of Personal Data (Nominative Information)

Under the Data-processing law and Freedoms (Loi Informatique et Libertés) of January 6th, 1978 (n°78-17), modified by the law of August 6th, 2004, personal information relating to the buyers could be subject to automated treatment (processing). The automated treatment of information, including the management of the e-mail addresses of the users of the site was subject to a declaration at the National Commission of Data processing and Freedoms (CNIL) on 24/09/2010 recorded under the receipt number 1454780.
The buyer can withhold the disclosure of his details by informing Artextenso that he wishes this information to be withheld. He has moreover a right of access, modification, correction and suppression of the data concerning him. To exercise this right he only needs to send a letter to the following address: Artextenso – Fine Art Editions - 2Bis, rue Boyer - 06300 – NICE (France)

Data security

Artextenso’s website is particularly attentive to client’s needs. This is why cookies are used. The cookie’s purpose is to report the client’s passage on our website. Artextenso uses cookies only with the aim of improving the personalised service for its client. The client’s personal data are stored in the secure server of our host OVH. They are used only for computer processing of orders, to ensure the improvement of our service, and services such as sending newsletters, sponsorship or recommendation of a work of art to a friend. Their access is protected. Artextenso does not have access to the banking data of its buyers. The online transaction of payment takes place directly between the buyer and PAYPAL, in secure encrypted form (SSL).

Copyrights

The law, by the L.111-1 article of the Intellectual Property Rights (CPI) confers to the artist inalienable moral and patrimonial rights, protected by the international laws on intellectual property rights. Thomas Papadoperakis’ works of art belong automatically to their author and to his assigns.

Intellectual property        

All the elements of the site of Artextenso are the intellectual property and exclusive of Artextenso or are used with the agreement of their owners and are protected by the copyrights. The works of art as well as the texts of Thomas Papadoperakis being the property of having the right of the artist, nobody is authorized to represent, reproduce, exploit,publicize, adapt, modify or use in any capacity whatsoever, even partially, by some process that it is (paper, canvas, numerical files) elements of the site, they are software, visual or sound. Any single link or hyperlink is strictly forbidden without the express written consent of Artextenso. The rights of the buyer on the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction. The IP Code, under  articles 122.5, 2nd and 3rd paragraphs, authorizes exclusively: « copies or reproductions strictly reserved for the private use of the copyist and not intended for a collective use. The analyzes and short quotations justified by a critical, polemic, teaching, scientific character or of information of the work in which they are incorporated, provided the name of the author and the source are indicated clearly. »   
Violations of copyright are penally punished (CPI, article L.335-1 to L.335-10) Besides civil sanctions, the violation of copyright constitutive of forgery offense is punished of a penalty of 15244,9 euro (1000 000 F) of fine and of 2 years of detention (CPI, articles L. 335-1 and following). Additional penalties (closing of establishment, confiscation, display of judicial decision) may also be imposed.
Also under investigation: "throughput (act of distribution, including sale of counterfeit goods), export and import of counterfeit work" (CPI, art L.335.2 section 3).

Applicable Law - Dispute 

In case of any dispute between the buyer and Artextenso, both parties undertake to seek an amicable solution before taking any legal action. By using this website, the buyer agrees that these Terms of Sale and any dispute whatsoever that may occur shall be interpreted under French law and will be subject exclusively to the jurisdiction of the courts of Nice, France.
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