Definitions

Customer: any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these terms and conditions. 
Services and Services: http://www.galerie-ecusson.com/fr/ makes available to Customers:

Content: All the constituent elements of the information present on the Site, in particular texts - images - videos.

Customer information: Hereinafter referred to as "Information (s)" which correspond to all personal data likely to be held by http://www.galerie-ecusson.com/fr/ for the management of your account, the customer relationship management and for analytical and statistical purposes.

User: Internet user connecting, using the aforementioned site.

Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of natural persons to which they apply" (Article 4 of Law No. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning as defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Presentation of the website.

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the website http://www.galerie-ecusson.com/en/ the identity of the various stakeholders as part of its implementation and monitoring:

Owner : SARL Gallery of the Ecusson Capital of 10000 € VAT number: FR40394134548000012 - BP 21191 11 Rue de l'Ancien Courrier 34010 Montpellier CX 1 
Responsible, Webmaster, Data Protection Officer : Juliette Rossignol - webmaster@galerie-ecusson.com

2. General conditions of use of the site and services offered.

The Site constitutes a work of the spirit protected by the provisions of the Code of the Intellectual Property and the applicable International Regulations.

The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.

The use of the site http://www.galerie-ecusson.com/en/ implies full acceptance of the terms and conditions described below. These conditions of use may be modified or supplemented at any time, users of the site http://www.galerie-ecusson.com/fr/ are therefore invited to consult them regularly.

This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by http://www.galerie-ecusson.com/fr/ , who will then endeavor to communicate to users before the dates and times of the intervention.

The website http://www.galerie-ecusson.com/fr/ is updated regularly by http://www.galerie-ecusson.com/en/ responsible. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves to the user who is invited to refer to it as often as possible in order to take note of it.

3. Description of the services provided.

The website http://www.galerie-ecusson.com/en/ is intended to provide information on all the activities of the company. http://www.galerie-ecusson.com/en/ strives to provide on the site http://www.galerie-ecusson.com/fr/ information as accurate as possible. However, he can not be held responsible for oversights, inaccuracies and deficiencies in the update, whether by him or the third party partners who provide this information.

All information listed on the site http://www.galerie-ecusson.com/fr/ are given as an indication, and are subject to change. Moreover, the information on the site http://www.galerie-ecusson.com/fr/ is not exhaustive. They are given subject to modifications having been made since they went on line.

4. Contractual limitations on the technical data.

The site uses JavaScript technology.

The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing any viruses and with a browser of last generation up-to-date

The site http://www.galerie-ecusson.com/fr/ is hosted by a provider in the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679)

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, to improve its infrastructures, for the failure of its infrastructures or if the Services and Services generate deemed traffic. unnatural.

http://www.galerie-ecusson.com/en/ and the host can not be held responsible in case of malfunction of the Internet, telephone lines or hardware and telephony related to the congestion of the network preventing access to the server.

5. Intellectual property and counterfeits.

http://www.galerie-ecusson.com/fr/ owns the intellectual property rights and has the rights to use all the elements available on the website, including text, images, graphics, logos, videos, icons and sounds.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written permission of: http://www.galerie-ecusson.com/ fr / .

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

6. Limitations of liability.

http://www.galerie-ecusson.com/en/ acts as publisher of the site. http://www.galerie-ecusson.com/fr/ is responsible for the quality and veracity of the Content it publishes.

http://www.galerie-ecusson.com/en/ can not be held responsible for direct or indirect damage to the user's equipment, when accessing the website http: //www.galerie-ecusson. com / en / , and resulting either from the use of hardware that does not meet the specifications in point 4, or the appearance of a bug or incompatibility.

http://www.galerie-ecusson.com/fr/ can not also be held responsible for consequential damages (such as for example a loss of market or loss of a chance) consecutive to the use of the site http: / /www.galerie-ecusson.com/fr/ .

Interactive spaces (possibility to ask questions in the contact area) are available to users. http://www.galerie-ecusson.com/en/ reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable law in France, especially the provisions relating to the protection Datas. Where applicable, http://www.galerie-ecusson.com/en/ also reserves the right to question the civil and / or criminal liability of the user, particularly in the event of a racist, offensive message, defamatory, or pornographic, regardless of the medium used (text, photography ...).

7. Management of personal data.

The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Data Protection Regulation (RGPD: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For the Personal Data collected in connection with the creation of the User's personal account and its browsing on the Site, the Person in charge of the processing of Personal Data is: Galerie de Juliette. http://www.galerie-ecusson.com/en/ is represented by Juliette Rossignol, her legal representative

As responsible for the data processing it collects, http://www.galerie-ecusson.com/en/ undertakes to respect the framework of the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and maintain a record of treatments according to reality.

Whenever http://www.galerie-ecusson.com/en/ treats Personal Data, http://www.galerie-ecusson.com/en/ takes all reasonable steps to ensure the accuracy and the relevance of the Personal Data with regard to the purposes for which http://www.galerie-ecusson.com/fr/ treats them.

7.2 Purpose of the data collected

http://www.galerie-ecusson.com/en/ is likely to process all or part of the data:

• to enable navigation on the Site and the management and traceability of services and services ordered by the user: login and use of the Site, invoicing, order history, etc.
• to prevent and fight against computer fraud (spamming, hacking ...): computer hardware used for navigation, IP address, password (hash)
• to improve the navigation on the Site: connection and usage data
• to conduct optional satisfaction surveys on http://www.galerie-ecusson.com/en/ : email address
• to carry out communication campaigns (sms, mail): phone number, email address

http://www.galerie-ecusson.com/en/ does not market your personal data which are therefore only used by necessity or for statistical purposes and analyzes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, Users of http://www.galerie-ecusson.com/en/ have the following rights:

• right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of the data of Users right of locking or erasing data of the Users of a personal nature (article 17 of the RGPD), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or preservation is prohibited
• right to withdraw consent at any time (article 13-2c RGPD)
• right to limit the processing of User data (Article 18 RGPD)
• right of opposition to the processing of User data (Article 21 RGPD)
• right to the portability of the data that the Users will have provided, when this data is the subject of automated processing based on their consent or on a contract (article 20 RGPD)
• right to define the fate of the data of the Users after their death and to choose to whom http://www.galerie-ecusson.com/fr/ will have to communicate (or not) its data to a third which they will have previously designated

As soon as http://www.galerie-ecusson.com/en/ has knowledge of the death of a User and in the absence of instructions from him, http://www.galerie-ecusson.com/en/ undertakes to destroy its data, unless their retention is necessary for probative purposes or to fulfill a legal obligation.

If the User wishes to know how http://www.galerie-ecusson.com/fr/ uses his Personal Data, ask to rectify or opposes their treatment, the User can contact http: //www.galerie -ecusson.com/fr/ in writing to the following address:

Gallery of the Ecusson 
BP 21191 
11 Rue de l'Ancien Courrier 
F-34010 Montpellier CX 1

In this case, the User must indicate the Personal Data that he wishes that http://www.galerie-ecusson.com/fr/ corrects, updates or deletes, by identifying himself precisely with a copy of a identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on http://www.galerie-ecusson.com/en/ by law, particularly with regard to the preservation or archiving of documents. Finally, Users of http://www.galerie-ecusson.com/en/ may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

Requests for deletion of Personal Data is effective within a maximum of 7 (seven) days from the request. It causes the automatic deletion of the user's account.

When the unsubscription of the user is due to his refusal to accept the modification of these terms and conditions as provided for in Article 19, the general conditions previously accepted by the user will remain applicable until the date of issue. effect of its unsubscription.

The gallery may terminate the access of the user to the services, without having to justify a reason, by registered letter with acknowledgment of receipt, subject to the respect of a notice of one week.

7.4 Non-disclosure of personal data

htp: //www.galerie-ecusson.com/en/ is prohibited from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "unsuitable" by the European Commission without informing the client in advance.However, http://www.galerie-ecusson.com/fr/ remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulations on the Protection of Data (RGPD: No. 2016-679).

http://www.galerie-ecusson.com/en/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of http://www.galerie-ecusson.com/fr/ , it shall promptly inform the Customer and him communicate the corrective measures taken. Moreover http://www.galerie-ecusson.com/en/ does not collect any "sensitive data".

The Personal Data of the User may be processed by subsidiaries of http://www.galerie-ecusson.com/en/ and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the principal persons likely to have access to the data of the Users of http://www.galerie-ecusson.com/fr/ are mainly the agents of our service customer.

8. Incident Notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can not therefore guarantee absolute security.

If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.

No personal information of the user of the site http://www.galerie-ecusson.com/en/ is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium to others . Only the assumption of redemption of http://www.galerie-ecusson.com/fr/ and rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation of conservation and modification of the data with respect to the user of the site http://www.galerie-ecusson.com/fr/ .

8.1. security

To ensure the security and confidentiality of Personal Data and Personal Health Data, http://www.galerie-ecusson.com/en/ uses networks protected by standard devices such as firewalls, pseudonymisation encryption and password.

When processing Personal Data, http://www.galerie-ecusson.com/en/ takes all reasonable measures to protect against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links "cookies" and tags ("tags") internet

The site http://www.galerie-ecusson.com/fr/ contains a number of hypertext links to other sites, set up with the permission of http://www.galerie-ecusson.com/en / . However, http://www.galerie-ecusson.com/en/ does not have the opportunity to check the content of the sites visited, and therefore assumes no liability for this fact.

Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.

9.1. " COOKIES "

A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (eg computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.

http://www.galerie-ecusson.com/en/ is likely to process the information of the User concerning his visit to the Site, such as the pages consulted, searches carried out. This information allows http://www.galerie-ecusson.com/en/ to improve the content of the Site, the navigation of the User.

Cookies facilitating the navigation and / or the provision of services offered by the Site, the User can configure his browser to enable him to decide whether or not he wishes to accept them so that Cookies are registered in the Website. the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are proposed to him from time to time, before a Cookie is likely to be registered in his terminal. http://www.galerie-ecusson.com/en/informs the user that, in this case, it may be that the functionality of its browser software is not all available.

If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when http://www.galerie-ecusson.com/en/ or one of its service providers can not recognize, for the purposes of technical compatibility, the type of browser used by the terminal, the language and display settings or the country from which the device appears to be connected to the Internet.

If applicable, http://www.galerie-ecusson.com/en/ declines all responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by http://www.galerie-ecusson.com/fr/ , resulting from (i) the refusal of Cookies by the User (ii) the impossibility for http://www.galerie-ecusson.com/en/ to register or consult Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.

At any time, the User may make the choice to express and modify his wishes regarding Cookies. http://www.galerie-ecusson.com/en/ may also use the services of external service providers to help collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Site http://www.galerie-ecusson.com/fr/ or in its mobile application and if the User has accepted the deposit of cookies while continuing its navigation on the Website or the mobile application of http://www.galerie-ecusson.com/fr/ , Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your terminals ( computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent to them, by continuing your navigation on the Website or the mobile application of http://www.galerie-ecusson.com/en/ . At any time, the User may nevertheless reconsider his consent to http://www.galerie-ecusson.com/en/ depositing this type of cookies.

9.2. Tags ("TAGS") Internet

http://www.galerie-ecusson.com/en/ may occasionally use Internet tags (also known as "tags", or action tags, one-to-one GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs). deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the IP address of the User) in a foreign country.

These tags are placed both in online advertisements allowing users to access the Site, and on the various pages of it.

This technology enables http://www.galerie-ecusson.com/en/ to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the number of times a page is opened). information consulted), as well as the use of this Site by the User.

The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site to the attention of http://www.galerie-ecusson.com/ en / , and provide other services related to the use of it and the Internet.

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the site http://www.galerie-ecusson.com/fr/ is subject to French law.

Except in cases where the law does not permit, the exclusive jurisdiction of the courts of Montpellier

11. Implementing Online Sales

The site allows to connect the gallery and users for the direct sale of the works presented on the site.

For bronzes: the edition of bronze works is limited to 8 numbered copies and four artist proofs (numbered in Roman numerals) the sale of the entire series closed the sale of the piece.

The lands are unique pieces.

12. Identification of sellers and characteristics of works products

The seller is the Gallery of the Ecusson.

Before any order online and in application in particular of the provisions of the article L111-1 of the code of the consumption, the user can take note, on the site, of the characteristics of each original work which he wishes to control.

Descriptions of original works offered for sale online are as accurate as possible. They engage the gallery only for what is specifically indicated.

13. Order of an original work by the user

To place an order, the user must select the original works of his choice and place them in his basket.

The user can access the summary of his basket at any time until the order is not definitively validated and can correct any errors in the items entered.

He is informed, in this summary, of the possible expenses of delivery relating to his order, according to his address of delivery. He can then validate his order.

At the end of the order, the buyer receives an acknowledgment of receipt by e-mail stating the availability of the work and, if applicable, the possible delivery times, manufacturing for the reissues as well as the modalities, costs and delivery delay.

The purchase from the gallery is then the subject, from the legal point of view, of a sales contract which constitutes the final validation of the transaction.

14. Selling price

The selling prices of the works are posted on the site. They are indicated all taxes included in euros. The applicable prices are those displayed on the site at the time of the order.

The selling prices of the products do not include any applicable delivery costs, invoiced in addition to the price of the works purchased. The amount of applicable delivery costs will be indicated before the validation of the order by the user.

Warning: in the DOM, Switzerland and some countries, customs duties or local taxes may be payable and may be charged upon receipt of the package by the user in addition to the price paid on the site.

The Gallery of the Ecusson can not determine in advance the exact amount of these possible rights and taxes. She can not inform the user of the total amount before ordering. These duties and taxes are the responsibility of the buyer who is solely responsible for the proper fulfillment of any declaration and / or formalities.

BRONZE SCULPTURES: The indicated price is for informational purposes only!

Indeed, the foundry prices cannot be guaranteed either, so we can provide you with the exact price only at the time of ordering the sculpture, which, if confirmed, will be locked and will no longer be subject to any increases. We apologize for this situation and thank you for your understanding.

15. Terms of payment

Unless otherwise indicated on the site, the entire price of the works is due when ordering.The price can be paid online:

- by the secure online payment service offered by the gallery on its website,

- by any other legal means accepted by the gallery at the time of the order.

The user guarantees that he has the necessary permissions to use the payment method chosen.

The gallery reserves the right to suspend or cancel any order and / or delivery in case of non-payment of any sum that would be due by the buyer, in case of payment incident or in case of fraud or attempt to fraud relating to the use of the site.

Penalties of an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to the unpaid amounts of the notifications of the rejection of bank payment.

16. Retention of title

The artist retains the full ownership of the original works that he has sold until the perfect collection of their prize.

17. Delivery of works

Deliveries of the works are made to the address specified when ordering the user as "delivery address" (which may be different from the billing address, within the time specified in the contract of sale.

Failing delivery within the time specified in the contract of sale, the buyer may resolve the order by registered letter with acknowledgment of receipt or by writing on another durable medium addressed if, after having ordered the gallery by a request according to the same terms and conditions of delivery within a reasonable additional period, the gallery did not execute within that period.

The contract is considered resolved upon receipt by the gallery of the letter R with AR or the writing informing it of this resolution, unless the gallery has been executed in the meantime.

In case of termination of the contract as above, the buyer will be refunded the full amount paid, including delivery charges, no later than fourteen (14) days after the date to which the contract has been terminated.

The gallery reserves the possibility in any case to get closer to the user to offer alternative solutions for refunding the price of works and delivery costs. The buyer must express explicitly and in durable medium its acceptance of the choice of an alternative method of repayment.

18. Right of withdrawal for original works

The French buyer or resident in France has a period of 14 calendar days from the date of receipt of the original work ordered to retract without having to justify reasons or to pay penalties, with the exception of return costs which remain with his load and which he will have to pay.

The user who wishes to exercise his right of withdrawal is sent to the gallery at the coordinates mentioned in article 1 hereof before the expiry of the above deadline, the withdrawal form attached to these general conditions duly completed, or a declaration clearly expressing his willingness to retract and involving the identification of the original work concerned.

The original work must be returned directly to the gallery, in its original packaging, without excessive delay and no later than 14 (fourteen) calendar days after the communication by the user of his desire to retract. It must be accompanied by a copy of the corresponding invoice. The buyer is deemed responsible in case of deterioration of the original work on his return.

The buyer will be refunded as soon as possible the full amount paid for his order, less any shipping costs, which remain the responsibility of the user and only if the artwork returned is not showing any damaged. 

The gallery will differ this refund until the effective recovery of or works.

19. Legal guarantees

If the buyer finds that the work delivered to him has a lack of conformity or is damaged, he must inform the gallery at the coordinates mentioned in article 1 hereof, indicating the nature of the defect, the nonconformity or damage found and by sending him any useful supporting document, in particular in the form of photograph (s). The gallery will inform the artist without delay. The gallery will organize with a carrier the modalities of the return of which it will inform the user and the artist by any useful means.

The work must be returned in its original packaging. It must be accompanied by a copy of the corresponding invoice.

Returns of works not respecting the modalities described above can not be taken into account.

The artist will have to carry out the necessary verifications and propose to the buyer the restoration or the replacement of the work as far as possible. If restoration or replacement of the work is impossible, the user will be refunded the full price set for this work and the corresponding delivery costs, by any useful means, as soon as possible after the date on which the artist will have informed the gallery of the impossibility to restore or replace the work.

20. Services for the benefit of users

Regardless of the possibility of buying works as described above, buyers can subscribe to the gallery's newsletter free of charge from the site.

The gallery undertakes to provide the services with diligence being specified that it weighs on it an obligation of means to the exclusion of any obligation of result, what the users recognize and accept expressly.

21. Liability for original works

The gallery acts as an intermediary in that it provides artists and users with tools and technical means enabling them to enter into relations for the purpose of buying and / or selling works through the site. . Its responsibility is limited to the provision of these means, as described herein.

In an effort to constantly improve the quality of services, the gallery invites users to share any comments and information they may wish to make known about the quality of transactions made through the services.

The gallery undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, the gallery reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, the gallery can not be held responsible for the difficulties or temporary impossibilities of access to the site that originate from external circumstances, force majeure or that would be due to disruption of telecommunications networks.

In any case, the liability liable to be incurred by the gallery under the terms hereof is expressly limited to proven direct damage suffered by the buyer.

22. Intellectual property

The systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, brands, database etc.) used by the gallery within the site are protected by all intellectual property rights or database producer rights in effect. Any disassembly, decompilation, deciphering, extraction, reuse, duplication and more generally any act of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of the gallery or the artist where appropriate, are strictly prohibited and may be subject to prosecution.

23. links and third party sites

The gallery will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the user would access through the site.

The Gallery does not endorse any liability for the content, advertising, products and / or services available on such third-party sites and mobile apps which are reminded that they are governed by their own terms of use.

The gallery is also not responsible for transactions between the user and any advertiser, professional or merchant (including any potential partners) to which the user would be directed through the site and can not under any circumstances to be a party to any potential disputes with these third parties concerning, in particular, the delivery of products and / or services, the warranties, declarations and other obligations to which such third parties are subject.

24. Changes

The gallery reserves the right to modify at any time these terms and conditions.

The users will be informed of these modifications by any useful means or, in any case, through an access to the general conditions of sale modified at the time of any placing of order following the entry into force of these modifications.

25. Language

In the event of a translation of these terms and conditions in one or more languages, the language of interpretation will be the French language in the event of contradiction of dispute over the meaning of a term or a provision.