Conditions of Sale
These General Terms and Conditions (hereinafter “Terms”) apply in conjunction with the Buyer Terms and the Vendor Terms, regarding the Buyers and the Vendors respectively.
The Terms apply to all sales of Products made through the Service between the Vendor and the Buyer. They are intended to govern the relationship between the Vendors and the Buyers of Products, excluding those established between the Buyers and NAGA COLLECTIVO or between the Vendors and NAGA COLLECTIVO. The relationships between the Buyers and NAGA COLLECTIVO are governed by the Buyer Terms. The relationships between the Vendors and NAGA COLLECTIVO are governed by the Vendor Terms.
NAGA COLLECTIVO is not the vendor of Products purchased through the Service; only the Vendor, whose name is indicated on the description of each Product, is the contractual party to the Buyer for the purchase of those Products. Products may not be returned to or exchanged by NAGA COLLECTIVO.
1- Conclusion of the Sales Contract between the Buyer and the Vendor
- The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
- The Buyer selects the Artwork(s) he wishes to purchase.
- He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card or bank transfer to NAGA COLLECTIVO ‘s account. If he chooses to pay by credit card, he immediately proceeds to payment. If he chooses to pay by bank transfer, he processes the transaction as soon as possible so that payment is actually received in NAGA COLLECTIVO ‘s bank account within 5 business days.
- The Buyer receives an email confirmation that states that the order or the offer has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available, the offer is accepted, and the transfer has been received if the Buyer has chosen this method of payment.
- The Vendor is informed by NAGA COLLECTIVO each time an Artwork he chose to post was subject of an order.
- The Seller will confirm and/or deny the availability of the Product(s) ordered by the Buyer within 5 days of the information received, as referenced in point 5). The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information referred to in paragraph 5).In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
- Once the availability of the Product(s) has been confirmed or invalidated by the Seller, an email is sent by NAGA COLLECTIVO to the Buyer to inform him of the availability.
- Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by NAGA COLLECTIVO to the Buyer to inform him.
- In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; the Vendor agrees to deliver the Products within the period specified once NAGA COLLECTIVO confirms receipt of payment. In the absence of confirmation of availability of the Product(s) within the period referred to in point 6), or non-receipt of payment by NAGA COLLECTIVO within 5 business days from the date of order, the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.
However, only the contract for the sale of unavailable Products falls within this resolution.
- In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by NAGA COLLECTIVO if the Buyer chose this method of payment, the Products are shipped by the Vendor in the manner laid down in Article 4.
2- Price and Payment
The purchase price of the Product is determined by the Vendor. It is stated in Euros including taxes on the description, incl. tax, and including shipping costs. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities. The buyer may use a promotion code offered by NAGA COLLECTIVO at the time of payment or pay for their order by gift card.
Payment of purchases made through the Service may be made by credit card to NAGA COLLECTIVO who collects the corresponding amount on behalf of the Vendor and for his account.
The Buyer will be charged the price for the Product purchased including delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by the Vendor, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.
Payment for purchases made through the Service may also be made by bank transfer into NAGA COLLECTIVO’s account. The transfer must be made within 5 business days from the date of order.
3- Security of Payments
NAGA COLLECTIVO has chosen powerful and strict tools in terms of securing payment methods. NAGA COLLECTIVO has adopted as a payment method the Paypal system through WooCommerce, a leader in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
NAGA COLLECTIVO has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer’s bank details will be requested for each new order. In fact, only Paypal has the confidential information which remains inaccessible to third parties.
Although NAGA COLLECTIVO uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. NAGA COLLECTIVO cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4- Shipping Methods and Fees
The Buyer has the option to have the Artwork delivered to his home by indicating so when placing his order. The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, the Vendor, provided that he has confirmed the availability of the Artwork and that NAGA COLLECTIVO has notified him of the receipt of payment, is in charge of packing the Artwork and making it available to a carrier. Transportation costs are included in the price and therefore do not add additional charges to the Buyer.
Depending the Buyer’s delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from a Vendor outside of his territory, he may need to pay import duties upon receipt of the products. Neither we nor the Vendor have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
The Vendor agrees to make the Artwork ordered available to the carrier within 7 working days from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered within 30 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen, the distance and the sanitary context. It is the sole responsibility of the Buyer to ensure that the information he gives to NAGA COLLECTIVO for this purpose is and shall remain correct and that they will enable him to receive the Product that he bought on the Site.
The Vendor agrees to provide NAGA COLLECTIVO, who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier’s website, provided that the carrier offers a package tracking service. In that case Products are transported at the Vendor’s risk.
5- Right of Cancellation
Upon receiving the ordered Product(s), the Buyer has 14 days to exercise his right of withdrawal, without having to justify reasons or pay a penalty from said Seller.
In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is also applicable.
The Buyer exercises his/her right of withdrawal directly from NAGA COLLECTIVO by sending an email to: gary@nagaCOLLECTIVO.com. NAGA COLLECTIVO will then notify the Seller via email. The return of the work and its cost of returns will be beared by the Buyer. Please note that if customs duties were paid by the buyer upon receipt, they will not be refunded. The Buyer will therefore, have full responsibility of the shipment costs and any potential damage to the work upon its arrival. The refunds of NAGA COLLECTIVO to the Buyer are made once the Seller has notified NAGA COLLECTIVO of the good reception of the work. The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
6- Litigation – Disputes
Vendor undertakes to deliver a quality service to Buyers.
In this regard, any Buyer has the ability to report, by emailing NAGA COLLECTIVO at the address gary@nagaCOLLECTIVO.com, within 21 days from the receipt of any Artwok, any claim concerning the Artworks ordered, following the hereafter criteria:
- Product not received: the Product has not been received by the Buyer
- Non-compliant Product: the received Product does not correspond to the ordered Product
- Damaged Product: the received Product is damaged or broken.
In the case of a complaint from a Buyer regarding an Artwork, once the Vendor is informed of the said claim by email to NAGA COLLECTIVO, the Vendor will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by NAGA COLLECTIVO or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, the Buyer will be responsible for organizing the return of the Work and for taking all the costs to be borne by it. In this case the price of the Product(s) purchased paid by the Buyer when placing his order will be reimbursed by NAGA COLLECTIVO once the Seller has notified NAGA COLLECTIVO of the receipt of the Artwork.
As a complement to Article 6 of the Buyer Terms and Article 8 of the Vendor Terms, the Buyer and Vendor are advised that all data collected through the Service when placing orders is processed by NAGA COLLECTIVO for processing purposes of the orders. The Buyer’s information and data relating to the delivery are transmitted by NAGA COLLECTIVO to the Vendors for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes. The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders. In case of difficulty regarding the processing of those data, the Buyer and the Vendor may contact NAGA COLLECTIVO directly, under the conditions set in the Buyer Terms or in the Vendor Terms.
8- Partial Nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
9- Applicable Law
CONDITIONS OF USE
The NAGA COLLECTIVO association Loi 1901 whose head offices are located at 19 avenue Gabriel Péri 92260 Fontenay-aux-Roses, France, registered with the Paris Companies Register under the number 909 966 343, provides a market place on www.nagacollectivo.com (hereinafter referred to as the ‘Website’), that allows buyers (hereinafter referred to as ‘Buyers’ or ‘You’) to enter into, through its intermediary, a relationship with professional Artists, registered on the Website (hereinafter referred to as ‘Vendors’) in order to buy artworks (hereinafter referred to as the ‘Products’ or ‘Artworks’) at a fixed price (hereinafter referred to as the ‘Service’).
To use the Service, the Buyer must accept and agree to comply with these Buyer Terms and Conditions (hereinafter referred to as Buyer Terms) without restriction or reservation.
Sales made through the Service between Buyers and Vendors are governed by the by the General Terms and Conditions (hereinafter “Terms”), which must also be accepted by the Buyers during each purchase; they supplement these Buyers Terms
These Buyers Terms are intended to define the conditions under which NAGA COLLECTIVO provides the Buyers, as part of the Service, technological tools allowing them to buy the Products to the Sellers.
2- Description of the Service
The Service consists of a set of tools to help Buyers to contact Vendors in order to buy artworks, to pay the price of the Products and to confirm receipt of the Products. Transactions via the Service for the purposes of buying Products are made directly between the Buyer and the Vendors. NAGA COLLECTIVO is by no means a reseller of Products offered by the Vendors through the Service. Thus, the Products purchased via the Service cannot be returned to or exchanged by NAGA COLLECTIVO.
However, in an ongoing effort to improve the quality of its services and to better select partners, NAGA COLLECTIVO invites You to submit all comments and suggestions you might wish to bring to its attention concerning the quality of transactions made through the Service.
For this purpose, NAGA COLLECTIVO has provided a contact form.
Moreover, in the case of a breach of these Buyer Terms, NAGA COLLECTIVO reserves the right to temporarily or permanently suspend the access to the Service for the Buyer concerned.
Each Buyer agrees to conclude purchases in all good faith.
3- Access to the Service
In addition to the acceptance of these Buyer Terms, access to the Service is dependent on the opening of an account. This requires you to provide information to authorize your identification. While opening an account, You agree to only provide accurate information, and to inform NAGA COLLECTIVO of any change affecting it without delay, by using the contact form.
To use the Service, you must use the username and password you created when opening your account. You agree to keep this information secret and not to give it to any third party. You will be solely responsible for the access to the Service via your username and password, unless there is evidence of fraudulent use for which You would not be accountable.
In case of loss, misuse, or unauthorized use of your username and/or password, You agree to immediately notify NAGA COLLECTIVO by using the contact form.
4- Cost of the Service
The opening of an account and use of the Service are free (excluding any connection costs, the price of which depends on your electronic communication provider), without obligation to purchase on the Website. Only the purchase of Products from Vendors is to be paid for, under the conditions set out in the General Terms and Conditions.
5- Personal Data
Information and data about You are managed by NAGA COLLECTIVO. Unless otherwise stated, they are essential to the management of the Buyer’s account and access to the Service. The information required for delivery will be transferred to the Seller for that purpose only. The information and data will also be stored for security purposes, in order to comply with any legal obligations and regulations, that may be applicable to NAGA COLLECTIVO, and thus to enable us to improve and personalize the Services that we offer to You and the information that we send to You.
Subsequent to the January 6, 1978 Data Processing and Civil Liberties Law You have the right to oppose, access, rectify, and delete personal data about You, under the conditions set by law. To exercise this right, You must use the contact form or send a mail to NAGA COLLECTIVO, 19 avenue Gabriel Péri 92260 Fontenay-aux-Roses, France, mentioning your first and last name, your e-mail address and home addresses. In accordance with applicable regulations, your request must be signed and be accompanied by a photocopy of an identity card bearing your signature and the address to which the response should be sent. A response will be sent to You within a maximum period of two months following receipt of the request.
You are likely to receive offers from our company and from our partners, depending on the choices made when you created or consulted your account. If you no longer want to receive such offers, You may at any time send us a request stating your wish via the ‘My Account’ section.
The Website is also designed to be particularly attentive to the needs of our clients. Cookies are only used by NAGA COLLECTIVO to improve the personalized service intended for its users. A cookie is designed to indicate your use of the Website.
6- Intellectual Property
All texts, comments, works, illustrations, Artworks, and images reproduced or depicted on the Site are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. As such, and in accordance with the French Code of Intellectual Property, only a private use, subject to different rules even more restrictive than the French Code of Intellectual Property, is permitted.
The www.nagacollectivo.com website is registered with the CNIL.
Any reproduction, representation, modification or adaptation in whole or in part of the Website and/or all or part of the elements that appear on the Website or that are integrated within it, is strictly prohibited.
Buyers agree to make every effort to notify NAGA COLLECTIVO of any infringement of intellectual property rights that they may notice.
7- Responsibility and Guarantees
Use of the Website implies the knowledge and acceptance of the characteristics and limits of the internet, and of any translations of the Website into any languages other than French and in particular those relating to technical performance; response times when consulting, searching for or transferring information; and of the risks inherent in any connection and transmission over the internet.
Consequently, in the absence of any failure on its part, NAGA COLLECTIVO cannot be held responsible for any damage that may be suffered by a Buyer, in particular but not exhaustively for any:
– operating losses, loss of information, resulting from any malfunctions, breakdowns, delays or interruptions of access to the internet;
– transmission and/or receipt of any data and/or information over the internet;
– consequences of any virus, computer bug, anomaly, technical defect;
– defect in any reception equipment or lines of communication;
– loss of any email and, more generally, any loss of any data;
– any damage caused to the computer, PDA or Smartphone etc. belonging to a user who connects to the Website;
– any technical, material or software defects of any nature, that may have prevented or limited the ability to use the Website or may have damaged the system of any user who connects to the Website;
– any technical fault or manifest error (in particular technical, material, software, price display, translation, etc., of any nature, having prevented or limited the ability to use the Website or having misled a user connected to the Website;
– indirect damage.
All users of the internet are required to take all appropriate measures in order to: (i) protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage (ii) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website (by sending an email via the contact form) so that NAGA COLLECTIVO can make all verifications, and if necessary, erroneous information can be corrected
The responsibility of NAGA COLLECTIVO towards the Buyer cannot be engaged except where the facts are exclusively attributable to him/her and where he/she would suffer prejudice directly related to those facts. NAGA COLLECTIVO cannot be held responsible for indirect loss or damage. Neither shall NAGA COLLECTIVO be held responsible for any incorrect use of the Service by the Buyer or for any fault on his/her part. Neither shall NAGA COLLECTIVO be held responsible for any loss or damages attributable to a third party to the Service.
By using the Website, the Buyer declares that he/she is fully informed of the characteristics and restrictions of the internet, that he/she alone is responsible for the information supplied in the context of his/her account on the Website and for his/her relations with other users of the Service.
In addition, in accordance with articles 6-I, 2 and 3 of the law n° 2004-575 of 21st June 2004 on trust in the digital economy, NAGA COLLECTIVO shall not be held responsible for any content that may be made available on the Website by Buyers or Vendors, in particular in relation to product descriptions, except where it has failed to remove such content promptly following reports of its illegality under the conditions set out by this law.
Lastly, NAGA COLLECTIVO declines all responsibility in relation to sales concluded by the intermediary of its Service with Vendors, of which it has no knowledge. Any complaint in relation to comments appearing in Product descriptions or delivery of Products should be addresses to the designated Seller, who is fully and solely responsible in this respect.
The Buyer is solely responsible for his/her usage of the Service.
The Buyer agrees, upon a first request including in the event of an inconclusive court decision, to compensate and indemnify NAGA COLLECTIVO for any damage, loss, loss of earnings, complaint, liability and costs including legal fees and costs that NAGA COLLECTIVO may incur if its responsibility should be called into question by a third party, due to a claim or action linked to such use of the Service by the Buyer.
Buyers are informed that NAGA COLLECTIVO may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.
8- Partial Nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
9- Duration and Validity
The Buyer is subject to these Buyer Terms as soon as he/she registers on the Website and until its account is deleted, whether or not he/she carries out any transactions on the Website. NAGA COLLECTIVO reserves the right to modify these Buyer Terms at any moment.
The modified Buyer Terms will be displayed online on the Website. The Buyer will be informed of any modifications by the sending of an email by NAGA COLLECTIVO to the email address provided by the Buyer when registering for the Service.
The Buyer Terms applicable are those in force at the time of use of the services of the Website by the Buyer.
10- Applicable Law
These Buyer Terms are subject to French law. Any dispute concerning their interpretation and/or execution shall be relieved by the French courts.