General conditions of sale of hannahassoulinegallery.com

INTRODUCTION

Hannah Assouline is a self-employed entrepreneur with an online art gallery, specialising in the sale of unique art objects.
This website is published by the auto entrepreneur Hannah Assouline Gallery, registered in the Créteil Trade and Companies Register on 27 December 2021, under the number 893 925 396 R.C.S Créteil. The registered office is located at 11 avenue de Stinville 94220 Charenton.
The "Site" www.hannahassoulinegallery.com is an information and online trading site. Access to this "Site" is open to any user using the Internet.
Hannah Assouline's vocation is to offer for sale finely selected art objects or limited series created by artists to people browsing the site.

PREAMBLE
The purpose of the preamble is to present the definitions of the various terms used in the "Terms and Conditions of Sale and Use". These terms have the same scope whether they are expressed in the singular or in the plural.
- The term "Site" refers to this website, whose address is www.hannahassoulinegallery.com.
- The term "work" used hereafter refers to art pieces created by artists and presented for sale on the Site. The term "work" also includes limited edition art pieces created for Hannah Assouline Gallery.
- The term "Terms and Conditions of Sale and Use" refers to the current document. These terms and conditions shall apply to all business transactions between Hannah Assouline Gallery and the Customer. The term "Rules" will also be used to refer to them.
- The term "Users" refers to Internet users browsing the Site.
- The term "Customer" refers to the user who has acquired one or more works of art through the website. By purchasing the work, the customer has given his prior agreement to these "General Terms and Conditions of Sale".

ARTICLE 1 - WHAT IS THE PURPOSE OF THE "GENERAL CONDITIONS OF SALE"?
The "General Conditions of Sale and Use" establish the contractual relationship between Hannah Assouline Gallery and the Customer.
These relations arise from the online sale of art objects offered on the Site.
The purpose of these "General Terms and Conditions of Sale" (hereinafter also referred to as the "Rules") is to set out the terms and conditions of the commercial transaction and to guarantee the follow-up of the order between the parties.
These "Rules" are applicable to transactions carried out on the site, to the exclusion of any other "Rules".

ARTICLE 2 - WHAT IS THE SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE?
The "General Terms and Conditions of Sale and Use" apply only to Customers wishing to purchase art objects for sale on the Site.
Information on the essential characteristics of the art objects as well as the prices of the Works offered for sale will be made available beforehand on the "Site" in accordance with articles L.111-1 and L.111-3 of the French Consumer Code.
The "General Terms and Conditions of Sale and Use" apply to each sale concluded by Hannah Assouline Gallery through the Site. Sending Hannah Assouline Gallery the acceptance of the order implies acceptance of the sale by the Customer. These terms and conditions are applicable regardless of whether the sale takes place in mainland France (including Corsica) or abroad. They cannot be modified by the Customer's will.
In principle, no derogation from these "General Terms and Conditions of Sale and Use" will be accepted by Hannah Assouline Gallery.
However, derogations are possible if the Hannah Assouline Gallery has given its prior written consent.
Hannah Assouline Gallery has the right to modify these "Terms and Conditions of Sale and Use" at any time. The "Terms and Conditions of Sale and Use" applicable to the "Customer" shall be those in force on the day of the order confirmation (see in this respect article 5), and therefore, present on the Site.

ARTICLE 3 - WHEN DO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE COME INTO FORCE? HOW LONG IS THIS CONTRACT APPLICABLE?
The general terms and conditions of sale constitute the contract governing the commercial transaction between Hannah Assouline Gallery (seller) and the Customer (buyer) via the Site. This contract comes into force on the day of the order confirmation (see article 5 below).
This contract is concluded for the duration necessary for the commercial transaction of the work of art. It expires when the guarantees granted by Hannah Assouline Gallery at the time of the sale cease to apply.

ARTICLE 4 - WHAT WORKS ARE OFFERED FOR SALE?
This information relating to commercial transactions is written in French. This language is the reference for each transaction. The Customer must confirm his agreement to this contractual information at the latest at the time of the Order Confirmation (see in this respect article 5).
Hannah Assouline Gallery offers unique works of art for sale. The artworks offered for sale are those that appear on the Site when the user consults it. As such, they are offered for sale within the limits of available stocks.
Hannah Assouline Gallery will be obliged to inform the Customer as soon as possible in the event of the unavailability of one of the Works ordered.
In order to comply with articles L.111-1 and L.111-3 of the aforementioned Consumer Code, Hannah Assouline Gallery undertakes to present the main characteristics of the Works on the Site. These include the dimensions, specifications and the different techniques used.
The photographs of the works of art presented on the Site are not contractually binding on Hannah Assouline Gallery.
Furthermore, the Gallery is not responsible for any non-conformity of the photograph with the art objects. However, the Hannah Assouline Gallery undertakes to produce photographs that are as faithful as possible to the art object for sale.
The Customer must check the "different characteristics" of the art object offered for sale on the Site before placing an order. The Customer's choice and purchase are solely binding on him. Before each sale, the Customer must refer to the characteristics of each art object offered on the site, in order to know the specific elements and the delivery times.
The art objects offered for sale on the Site have been created by artists. They are therefore unique and original works. Therefore, disparities may exist between the art object purchased and the work represented on the Site. Hannah Assouline Gallery cannot guarantee the homogeneity of the production.

ARTICLE 5 - WHAT ARE THE STAGES OF ORDERING AND COMPLETING THE ONLINE SALE?
The Customer agrees to comply with these "General Terms and Conditions of Sale and Use" as a reference for Hannah Assouline Gallery's commercial transactions in accordance with Article 1316-1 of the Civil Code.
When the Customer confirms the order of the art object, this implies that the Customer has agreed to the present "General Terms and Conditions of Sale and Use" appearing on the Site. The Customer also acknowledges having read this document and having understood its scope.
To this end, as soon as the Customer places an order on the Site, he/she obtains an electronic confirmation of his/her order. This confirmation will serve as an acknowledgement of receipt. In addition, the Customer will receive an electronic confirmation of the dispatch of the order. In addition, the delivery of the art object will take place at the address indicated by the Customer at the time of the order.
Hannah Assouline Gallery is obliged to honour orders only within the limits of existing stocks of works. If a work is no longer available, Hannah Assouline Gallery will inform the Customer as soon as possible.
However, Hannah Assouline Gallery reserves the right to decline the order in application of article L122-1 of the French Consumer Code. Indeed, if the order is abnormal, made fraudulently or for any other illegal and legitimate reason. This other legitimate reason may be a dispute between the Customer and Hannah Assouline Gallery concerning the non-payment of a previous order.

ARTICLE 6 - WHAT ARE THE PRICES OF THE WORKS AND THE CONDITIONS OF VALIDITY RELATING TO THEM?
The prices of the works of art offered for sale are indicated in Euros only. All orders for artworks, whether placed from within or outside the EU, are payable exclusively in Euros. The price is paid, all inclusive, at the time of ordering on the website www.hannahassoulinegallery.com.
The HannaH Assouline gallery is registered as an auto-entrepreneur. The prices of the art objects are indicated in euros without VAT.
Indeed, the mention of "VAT not applicable, article 293B of the CGI: " The status of auto-entrepreneur directly leads to a VAT exemption: we do not charge VAT to our customers and we do not recover the VAT on your purchases. There is therefore no VAT collected, no deductible VAT and no VAT declaration in auto-entrepreneurship.
The prices proposed on the site do not indicate the costs of processing, shipping, transport and delivery of the art object mentioned in article 10. These costs are invoiced in addition to the Customer. They are calculated before the order is confirmed. These costs are therefore indicated to the customer when he is placing the order. When the order is confirmed, the payment requested from the customer is the total amount of the purchase, including its costs. Thus, at the time of ordering, the price to be paid includes the price of the art object indicated on the site with the addition of the above-mentioned costs.
However, as already indicated, when an order is to be delivered abroad (i.e. DOM TOM and territories outside the European Union), the price to be paid includes specific costs. The price does not include French VAT, as well as any taxes, customs duties and other charges imposed to ensure that the item reaches its destination. These specific costs will be indicated by Hannah Assouline Gallery upon confirmation of the order, and will be borne exclusively by the Customer.
Furthermore, Hannah Assouline Gallery cannot be held responsible for the amount of these specific costs. Moreover, Hannah Assouline Gallery is not responsible if the customer did not understand them when ordering.
Finally, Hannah Assouline Gallery may modify the prices indicated on the site at any time.

ARTICLE 7 - WHAT ARE THE TERMS OF PAYMENT?
1) What are the terms of payment?
The payments made by the Clients only concern the All-Inclusive Price. These payments can only be made with the following credit cards: Visa, Amex, MasterCard, Maestro.
2) What are the terms and conditions relating to prices?
If the full price cannot be charged, the purchase will be immediately cancelled by operation of law and the Order will be cancelled.
3) What are the terms and conditions relating to payment service providers?
Our payment service provider, the company Stripe, has a secure platform where the payment of purchases on our website is made. The latter makes a highly secure page available to customers. This page allows customers to enter their credit card numbers, expiry dates and cryptograms.
The Hannah Assouline Gallery website does not store any credit card numbers. The Gallery has no access to credit card numbers. Furthermore, Hannah Assouline Gallery has no way of accessing the payment data of Customers.
4) How is the payment provider approved?
The Stripe payment provider is PCI/DDS certified by Mastercard, Amex, Visa and Maestro. This certification meets the highest security standards to protect our customers' credit card data. Therefore, this certification assures Hannah Assouline Gallery and its service providers that your credit card data is handled securely.
5) How is the order approved by the payment provider?
When Stripe approves the order, the customer's credit card is charged in euros.
6) Where do I go if I need more information about the payment provider?
For more information, please refer to Stripe's Terms of Service or Stripe's Privacy Policy.

ARTICLE 8 - HOW IS YOUR ORDER DELIVERED?
8.1. WHAT IS THE DELIVERY METHOD?
The Customer selects one of the Delivery Methods presented on the Site when placing the order.
8.2. WHAT IS THE DELIVERY ADDRESS?
The Customer selects a delivery address that must be located on French territory (excluding French overseas departments and territories), otherwise the order will be refused. When the Customer selects an address in the EU but outside the French territory, additional costs will be invoiced. Furthermore, when the Customer selects a delivery address outside the EU territory, a quote will be provided with the delivery costs without taking into account the specific costs at the time of ordering.
The Customer is fully and exclusively responsible for any failure to deliver due to a lack of information at the time of the order.
8.3. WHAT IS THE COST OF DELIVERY?
The cost of the delivery charges varies according to the total of the order and the type of delivery chosen by the Customer. In any case, the cost of delivery will be communicated to the Customer before the order is validated.
8.4. WHAT ARE THE DELIVERY TIMES?
The Site indicates the delivery times. These can be modified according to the availability of the art objects ordered.
Delivery times are indicated in working days. Moreover, these times are calculated taking into account the average time necessary for the preparation and the routing of the order on the French territory (except DOM TOM). In the case of delivery outside the European Union, they will be calculated according to the time required for preparation and delivery abroad.
Once Hannah Assouline Gallery has confirmed the order for the art object, the delivery period begins.
8.5. WHAT TO DO IN THE EVENT OF A DELAY IN DELIVERY?
When there is a delay in delivery, Hannah Assouline Gallery considers that the order is not cancelled, and cannot be cancelled under any circumstances. Hannah Assouline Gallery will inform the customer by e-mail of the delay in delivery.
8.6. HOW TO TRACK THE DELIVERY STATUS OF THE ORDER?
Hannah Assouline Gallery informs the Customer that he/she can track the delivery status of the order by sending an email to hannahassoulinegallery@gmail.com.
8.7. HOW SHOULD THE CUSTOMER CHECK THE STATUS OF THE DELIVERY UPON ARRIVAL?
When the Customer receives his/her order, he/she must check that the works delivered correspond to it. In the event of a mismatch, the Customer must inform Hannah Assouline Gallery at hannahassoulinegallery@gmail.com and send the work to the following address: 11 avenue de Stinville Charenton le Pont.
Hannah Assouline Gallery will propose an appropriate solution to return the works in conformity with the order.
When the customer receives his order, he must check the condition of the packaging. If the condition of the packaging does not seem to be correct, the customer must make reservations and complaints to the carrier. The customer may also refuse the package if there is obvious damage.
Reservations and complaints must be made to the carrier in a specific form. The required form is a registered letter with acknowledgement of receipt within three (3) working days following the date of delivery of the Work (public holidays are not included in the count).
The Customer must send a copy of this registered letter to Hannah Assouline Gallery. In accordance with article L.133-3 of the French Commercial Code, the absence of a dispute over the delivery by the Customer within the aforementioned time limit closes any legal action against the carrier.

ARTICLE 9 - WHAT ARE THE CONDITIONS FOR MAKING A RETURN? WHAT ARE THE CONDITIONS RELATED TO THE RIGHT OF WITHDRAWAL?
9.1 WHAT ARE THE CONDITIONS FOR WITHDRAWAL?
The Customer has a period of fourteen (14) days to exercise his right of withdrawal. This period of 14 (fourteen) days starts when the customer has received or collected the order.
If this period of 14 days (mentioned above) ends on a Saturday, Sunday or public holiday, it will be extended to the next working day.
The Customer who wishes to exercise his right of withdrawal must return the Works within the aforementioned 14-day period. The Works must be returned in their original packaging, in their entirety and in new condition. The Customer may exercise his right to withdraw from the contract without giving any reason or justification. Furthermore, the Customer shall not be required to provide any justification for exercising his right of withdrawal. When exercising this right, the Customer will not have to pay any penalty, except for the cost of returning the goods.
This right of withdrawal can only be exercised if the formal conditions are respected. Indeed, the Customer must inform us by a written and unequivocal declaration, his will to retract his order. This written declaration must also include the name and first name, email, address, number and date of the order.
In addition, this withdrawal must be sent by post to Hannah Assouline Gallery: 11 avenue de Stinville Charenton le pont.
The aforementioned withdrawal period is respected when the Customer sends his or her request for withdrawal by post within 14 days.
When the customer exercises his right of withdrawal, he must return the works that have been ordered. This return is at the expense and risk of the customer. These works must be returned in their original packaging. Works that have been soiled or damaged in any way whatsoever will not be taken back or reimbursed, despite your right of withdrawal.
Furthermore, Hannah Assouline Gallery informs its customers that when the work has been personalised at the customer's request, the right of withdrawal does not apply. Personalised works are works that have been the subject of a particular individualisation at the request of the customer, such as, for example, by affixing a particular name, or moments of life on the work.
9.2. HOW TO OBTAIN A REFUND?
Refunds will only be issued if the Artwork has already been returned to Hannah Assouline Gallery. Refunds may be deferred until the artwork has been received and checked by Hannah Assouline Gallery.
Hannah Assouline Gallery will only refund the sale price of the artwork. The cost of packaging and delivery of the artwork will remain the responsibility of the customer. The refund will be made within 14 days of the date on which Hannah Assouline Gallery was informed of the customer's decision to exercise his right of withdrawal.

ARTICLE 10 - HOW TO MAKE A COMPLAINT?
Any complaints from customers must be sent to Hannah Assouline Gallery's customer service department by post or e-mail.
By post: 11 avenue de Stinville Charenton le pont 94220
Electronically: hannahassoulinegallery@gmail.com
These complaints must mention the reference and date of the order.

ARTICLE 11 - WHAT ARE THE INTELLECTUAL PROPERTY RIGHTS ATTACHED TO THE ART OBJECTS?
11.1 WHAT PROTECTION IS AFFORDED TO THE SITE AND THE DISTINCTIVE ELEMENTS OF THE HANNAH ASSOULINE GALLERY?
All the contents of the site are protected by intellectual property law. The data on the site belongs to Hannah Assouline Gallery.
The Hannah Assouline Gallery brand is the exclusive property of Hannah Assouline Gallery. The brand includes accessories, registered and unregistered packaging, registered and unregistered logos and illustrations. Accordingly, the foregoing is the exclusive property of Hannah Assouline Gallery and shall remain its exclusive property.
Without the express prior consent of Hannah Assouline Gallery, any reproduction, in whole or in part, of the Hannah Assouline Gallery brand including the above-mentioned elements is strictly forbidden.
It is also strictly forbidden to combine or combine any other logo or symbol with those of Hannah Assouline Gallery to form a hybrid logo.
Hannah Assouline Gallery prohibits any hypertext link to its Site. If a client wishes to place a hyperlink directly on any website, he/she must seek the express prior agreement of the latter.
11.2. WHAT IS THE OWNERSHIP OF THE WORK TRANSFERRED TO THE CLIENT?
In accordance with intellectual property law, when a work of art is sold, only the material property is transferred to the customer. The intellectual property of the work remains the exclusive property of the artist who created the work.
Hannah Assouline Gallery advises its Clients that it has all the rights and authorisations required for the sale of the material property of the works offered on the Site.

ARTICLE 12 - WHAT IS THE RESPONSIBILITY OF HANNAH ASSOULINE GALLERY?
Hannah Assouline Gallery indicates that it cannot be held responsible for any error in the photographs and texts reproduced on the Site. Indeed, these elements are not conventional.
In the event of non-performance or improper performance of the sales contract, Hannah Assouline Gallery is not liable to pay damages in an amount greater than that of the items purchased under the contract.
Hannah Assouline Gallery states that it cannot be held liable in the event of force majeure. Furthermore, in the event of force majeure, hindering or delaying the execution of the present contract, the execution of the contract will be suspended.
According to Article 1218 of the Civil Code, force majeure occurs "when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor. Thus, the following situations have been considered by case law as cases of force majeure: epidemics, quarantines, declared or undeclared wars, general labour strikes, fires and exceptional floods.
In the event of force majeure, the party that cannot perform its obligations must inform the other party as soon as possible and in writing, specifying its nature, its foreseeable duration, as well as the obligations it can no longer perform. The party prevented shall notify the other party without delay of the end of the impediment due to force majeure.
In the event of the occurrence of force majeure, the planned delivery deadlines will automatically be shifted according to the foreseeable duration of the force majeure. When Hannah Assouline Gallery is unable to perform its obligations due to the occurrence of a case of force majeure for a period of more than 45 days, the Customer has the right to terminate the contract. Hannah Assouline Gallery will then reimburse the Order, under the conditions set out in Article 9.

ARTICLE 13 - HOW SHOULD NOTICES TO THIS AGREEMENT BE MADE?
Where the Customer wishes to make any comments under this agreement, they shall be deemed to have been made if sent by registered post with acknowledgement of receipt to the following address:
Hannah Assouline Gallery
11 avenue de Stinville 94220 Charenton le pont
France
This address was notified to the Customer of his order.

ARTICLE 14 - WHAT IS THE APPLICABLE LAW AND WHAT IS THE JURISDICTION IN CASE OF DISPUTE?
The present general conditions of sale are subject to French law. This means that all sales made on the Site, even those made with a foreign party to the contract (i.e. not French) are subject to French law to the exclusion of any other law.
In the event of a dispute, only French law will be applied, with the exclusive jurisdiction of the courts of Créteil, including in the event of a warranty claim or multiple defendants.
Hannah Assouline Gallery, Paris, 22 May 2022