1. Scope of application

The terms and conditions of sale detailed below (hereafter known as "General Conditions") govern the contractual relationship between any user of the Virtuoz-art.com website (hereinafter known as "Customer") and the online sales website Virtuoz-art.com, which belongs to the Virtuoz'Art SASU company located at 46 Boulevard Fifi Turin - 13010 MARSEILLE France, whose intra-community VAT number is FR45818740151and is registered in the commercial register of Marseille under the SIREN 818 740 151.

Virtuoz'Art's principal activity is to sell goods on the Virtuoz-art.com website.

These general conditions of sale are the only ones applicable and replace all other conditions, except in the case of a preliminary, express and written derogation. Virtuoz'Art may be occasionally obliged to modify certain provisions of its general conditions. Consequently, it is necessary that the Customer reads the version in force on the day of his order on the site. These modifications are enforceable on the Customer from the time they are posted online and will be applied to orders after the date of posting. Any purchase on the site is subject to all terms of the General Conditions of Sale.

The Customer will not be able to validate his order until after having duly read and accepted them by checking the icon designed therefore.

By validating the General Conditions, the Customer declares having the legal capacity to conclude a contract within the definition of Articles 1123 and onwards of the French Civil Code. The Customer must guarantee the veracity and accuracy of the information provided and use the site in accordance with the general conditions of sale.

Virtuoz'Art reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.

 

2. Products and definitions

The products sold on the Virtuoz-art .com site are art reproductions custom printed onto diverse media.

These reproductions are available personalized, on multiple media, in limited edition and can be numbered or not, depending on the agreement between Virtuoz'Art and its partners.

It may occur that a partner no longer has an image but it still appears available on the Virtuoz-art.com site for a few days. In any event, only an e-mail from Virtuoz-art.com, confirming the purchase, can guarantee the availability and delivery to the Customer in the General Conditions.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's liability cannot be incurred.

The photographs of the media presented on Virtuoz-art.com are not contractual.

 

3. Pricing conditions

3.a   Price

Prices include all taxes, except the shipping fees that will be charged extra. Only euro payments are accepted on the Virtuoz-art.com site.

The price may be lowered with a discount (e.g. coupons, discount codes or vouchers) as specified in Section 3.b below. The price will be final only upon confirmation of the order.

Virtuoz'Art reserves the right to change prices at any time. The products will be invoiced based on the rates in effect at the time of registration of the order.

The products remain the property of Virtuoz'Art until full payment of the price indicated.

In the event of a change in the VAT rate, the price will automatically be changed without further notice than the legal due date of the new rate.

 

3.b   Discounts or rebates

Any purchases made in connection with a discount or preferential tariff for business customers only, is governed both by Section 3.b and the Virtuoz'Art general conditions of sale.

The customer must read this section carefully before ordering products that are sold at a discounted or preferential rate.

 

3.b.1 Virtuoz25, Virtuoz50 and Virtuoz100

25  TTC offered with a 500  TTC purchase, 50 € TTC offered with a 500 € TTC purchase and 100  offered with a 1000  TTC purchase. This special offer is valid during limited time periods specified on the Virtuoz-art.com website. To benefit from this offer, add your product to your cart, enter the code Virtuoz25, Virtuoz50 or Virtuoz100 and the reduction will be calculated automatically.

Only one code can be used per order. This offer is not combinable and does not apply to delivery fees 

Virtuoz'Art reserves the right to implement for a desired period, amend or withdraw this offer at any time.

 

3.b.2 WELCOME15

To welcome customers on Virtuoz-art.com, a 15 € discount, all taxes included, is offered with the WELCOME15 code.

This promotion is valid during the limited periods specified on Virtuoz-art.com. This offer is not combinable and is valid for any first order with Virtuoz-art.com of at least 100  all taxes included, excluding shipping fees.                          

Virtuoz'Art reserves the right to implement for a desired period, amend or withdraw this offer at any time.

 

3.b. 3 WELCOME30

To welcome customers on Virtuoz-art.com, a 30 € discount, all taxes included, is offered with the WELCOME30 code.

This promotion is valid during the limited periods specified on Virtuoz-art.com. This offer is not combinable and is valid for any first order with Virtuoz-art.com of at least 300€ all taxes included, excluding shipping fees.

Virtuoz'Art reserves the right to implement for a desired period, amend or withdraw this offer at any time.

 

Note 3.b.4 Special rates for business customers

Virtuoz'Art may offer preferential rates to business customers, variable and specific to each medium.

In order to access preferential rates, all professional customers must mention when creating their client account: their SIRET number for France and their intra-EuropeanVAT n° for the EU (or if outside the EU, their economic or administrative record number of their home country), as well as their public information (postal address, phone, email, website eventually).

The preferential tariffs will be calculated with a discount (decrease of x% of the General Public all tax inclusive price as specified on Virtuoz-art.com) and shall be specified with a code and a discount rate for each medium.

This promotional code must be specified by the professional customer when paying his/her order online, after validating his/her cart.

Any omission or neglect of the professional customer to apply this discount while paying online will not be financially reclaimable after purchase.

Virtuoz'Art reserves the right to implement these discounts independently, during a desired time period, with a specific preferential rate per medium, and to modify or to withdraw these offers at any time.

 

4. Ordering Process:        

The customer places his order online, from the online catalog and using the form on the site. 

To order, the customer must take the following steps on the Virtuoz-art.com website:

- Step 1: Consult the page with the catalog of the available classical and contemporary works of art, and select the favorite work.

Or if the customer wishes to use his own works, he must consult the download page of his own photographic file with the recommended quality.

- Step 2: Consult the page concerning the desired medium.

- Step 3: The client must then use the creation tool to personally define, according to the selected media, the available size or custom dimensions and the desired finishes, to suit the reproduction of the artwork or photographic file.

Various ordering options in relation to the art object to be created may be proposed (Virtuoz'Art fabric swatch, anti-stain treatment, etc ...).

When ordering decorated fabric for the upholstery of armchairs, Virtuoz'Art advises the client to work with his/her local upholsterer to record the various dimensions of the wooden frame to be decorated (e.g.: backrest, seat, seat back and the two armrests if possible).

- Step 4: After step 3 is finalized and validated, the client can save in his/her customer file their creative work(s) on a PDF file (e.g.: Size(s) of the decorated medium (a) and tissue cutting plane).

- Step 5: The customer then makes payment by clicking on "my cart", or he/she may continue purchasing on Virtuoz-art.com by clicking on "continue shopping"

- Step 6: The client may delete an item or change the quantities ordered in "my cart".

- Step 7: Identification or account creation page with the choice of the customer's address and delivery method.

- Step 8: The customer may use their rebate coupon or an eventual promotional code, check the various items constituting the order and select the payment method.

- Step 9: The customer must then check the box "accept the present general conditions of sale" in order to confirm the order and make payment according to the method chosen. Their agreement is made by checking the box in front of the link to these conditions.

 

The customer will receive a notification by email when the order is effective, stating that the payment is confirmed by their bank.

In some cases, particularly non-payment, incorrect address or other problems on the customer's account, the seller reserves the right to block the customer's order until the problem is resolved.

In the case where a product ordered is unavailable, the customer will be informed by email.

The order for this product will be cancelled and an eventual refund will then be made, the rest of the order remaining firm and final.

For questions concerning the follow-up of the order, the customer may call +33 (0) 4.88.08.17.25 (cost of a local call from 9:30 to 17:00, Monday to Friday) or send an email specifying his order number and his request to: contact@virtuoz-art.com

 

5. Payment methods and security 

As soon as the customer communicates their bank details online and validates the final stage of their order, this constitutes proof of the customer's agreement to:

- Become chargeable of the amounts due under the order;

- Sign and expressly accept all the operations carried out.

 

In case of fraudulent use of bank details, the customer is required, upon discovering such use, to call + 33 (0) 4.88.08.17.25 (cost of a local call; available from 9:30 to 17:00 Monday to Friday) or to send an email stating the order number and his claim to: contact@virtuoz-art.com

Several payment methods are available on the Virtuoz-art.com website:

•         Credit card, Visa, MasterCard.

•         Paypal.

•         Bank wire.

All bank transactions (credit card, Visa, Mastercard) are processed and secured by SOGECOMMERCE, the SOCIETE GENERALE payment platform.

Credit card payments are exclusively made on the secure servers of SOCIETE GENERALE.

Virtuoz-art.com never has access to your bank card information. In addition, all information is encrypted using SSL and can not be intercepted or modified.

In the case of paying by bank wire, your order will be processed as soon as the wire has been received, which usually adds several days to this process.

You will find our bank details during the payment stage of your order.

Virtuoz'Art cannot be held liable for damages resulting from the use of electronic means of communication, including - but not limited to - damages which result from a failure or delay in transmitting electronic communications, intercepting or manipulating of electronic communications by third parties or by computer programs used for electronic communications and transmitting viruses.

 

 6. Delivery (including costs and time)

Delivery is done only after payment confirmation by the bank of the seller.

Shipping costs depend on the original place of dispatch, the place of delivery to the customer, and the size and weight of the order. Products are delivered by a carrier from the plateform of our logistics expert partner.

The following media: Lampshades, Glass Mosaics, Resin Mosaics, Tiles and Wallpapers are directly shipped by our craftsmen and industrial partners located in France, Italy, Belgium and Germany.

The Customer must carefully complete all the fields of the delivery form, including his delivery address and telephone number, at the time of the order. Neither Virtuoz'Art or our logistics partners' carriers or our subcontracting partners can be held responsible for failure of delivery due to any inaccuracy or error in the delivery address.

Delivery times range from about 10 to 40 working days on average, as from the date of completion of the production, according to the number of components made and based on each medium, bearing in mindthat all Virtuoz'Art elements are tailor-made according to the customer's choice on the the Virtuoz-art.com site.

Due to the custom manufacturing of products and the potential hazards associated with obtaining high-definition pictures with our partners, these periods may vary and Virtuoz'Art cannot be held responsible of this. In any case, the product's delivery time will not exceed 3 months for the most complex media and in exceptional cases, after the Customer receives the order confirmation.

Prices and shipping fees are indicated in Euros. The price is to be paid in full and in one payment when ordering. All orders are invoiced and payable in Euros only.

For any delivery outside mainland France, any possible customs fees or local taxes remain the responsibility of the recipient.

Our product and price offers are valid as long as they are visible on the site, and subject to availability. As this information comes directly from our suppliers, errors or modifications may exceptionally occur.

In the event that a medium or a component of a medium remains unavailable for several months after placing your order, we will notify you by email.

Three replacement alternatives will be proposed: either an equivalent substitute product, either the delivery time will be extended beforehand or your unavailable order will be abandoned and you will be refunded if your account was debited.

The customer will be informed by email of his tracking number according to the medium ordered and the carrier involved.

Virtuoz'Art delivers to more than 40 countries on all the continents. For any specific questions and delivery outside of mainland France please contact our customer service by email: contact@virtuoz-art.com or by phone at +33 (0) 4.88.08.17.25 (cost of a local call from 9:30 am to 5pm, Monday to Friday)

 

7. Receiving goods and Right of Return

Upon delivery, the buyer is obliged to check the merchandise. Any remarks he/she intends to make on the condition of the delivered goods must be mentioned on the delivery note.

In case of failure to make mention on the delivery note, no claim will be accepted after receipt of the goods, except in the case of a hidden defect.

 

8. Force Majeure

Virtuoz'Art cannot be held responsible for any delay or incapacity to process the order of a customer that occurs due to one or more external events, beyond its control and reasonably insurmountable, defined as events of force majeure as defined by the applicable law and the items below.

The following will be considered as force majeure events, especially: blocking the means of transportation or supplies, earthquakes, fires, storms, floods, lightning, destruction of materials, computer hacking or attacks, the loss, the cancellation or prohibition, whether temporary or permanent, and for any reason whatsoever, of access to Internet and cases recognized according to the case law.

 

9. Cancellation and retraction

Since all Virtuoz'Art media are custom-made to create a unique piece of work according to the customer's personal choices, Article L121 -20 of the Consumer Code regarding the retraction right cannot be applied.

Moreover, this right does not apply to orders placed by companies.

 

10. Warranty and liability

Virtuoz'Art guarantees compliance of the artworks sold on the site with the requirements of the French law.

Virtuoz'Art reserves the right to correct, at any time and without notice, the content and information posted on the Virtuoz-art.com site. Virtuoz'Art does not guarantee the accuracy of these pieces of information (including but not limited to the descriptions of artworks, artists' biographies, dates, etc ...).

Virtuoz'Art declines all liability for any interruption on the website, any occurrence of technical problems, any inaccuracy or omission concerning the information available on the website, any damages resulting from fraudulent intrusion by a third party leading to modification of the information available on the website.

The Virtuoz'Art Company cannot be held liable for access problems or the content on a third party site, even if they are partners and have a link displayed on Virtuoz-art.com.

Virtuoz'Art will not be liable for damage arising from the use or inability to use the website or malfunctions linked to third party software incorporated into the site.

In the event of a product defect or delayed delivery, the Virtuoz'Art company will not pay a professional client for any consequential economic loss such as loss of use, operating loss, loss of enjoyment, interruption of a service, shutdown, loss of profit or loss of customers, expenses incurred, etc....

The choice and purchase of a reproduction are under the sole responsibility of the customer.

After downloading any personal digital media files from virtuoz-art.com, the customer's usage to decorate a media featured by Virtuoz'Art, is under his/her full responsibility as for the respect of intellectual property rights and other legal aspects involved in the use of the latter file in compliance with French law and/or of his/her country of residence.

Virtuoz'Art declines all responsibility for the quality of the downloaded image destined to be reproduced on differentproposed media.

 

11. Intellectual property         

A. Virtuoz'Art

Virtuoz'Art is a protected trademark registered at the French Intellectual Property Institute (INPI) and Virtuoz-art.com and is also a protected domain name. They are the exclusive property of Virtuoz'Art SASU and cannot be used without our prior consent. Any link to other websites without prior agreement from Virtuoz'Art is strictly forbidden.

All items on the site and the site itself are protected by copyright, trademark law, drawings and models and/or all other intellectual property rights. By the term items, we mean but are not limited to: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, desktop images, brands, models, software ... These items belong to the Virtuoz'Art company or are used with the agreement of their owners.

As for the photographs of the artworks, Virtuoz'Art uses them on its website under the right of representation in agreement with its partners. The images always have the mandatory information.

As such, any reproduction, representation, utilization, adaptation, modification, incorporation, translation, marketing, partial or full by any means and on any medium whatsoever is prohibited, without prior written permission from Virtuoz'Art. 

 

B. Artworks

The artist or rights holders retain copyright of the works as defined by the French law. The rights to represent and reproduce works are governed by a contract between Virtuoz'Art and its partners. As a result, a joint authorization from Virtuoz'Art and its partners is necessary for any exploitation of these rights.

Virtuoz'Art fullymanages these rights. Virtuoz'Art ensures that all of these images are exploited in a transparent manner, in compliance with the reproduction and copyright rights.

The sale of reproduction onVirtuoz-art.com is entitled to private use. It is understood to be the sale of a corporeal object and does not imply any transfer of the intellectual property rights linked to the original artwork.

 

12. Protection of confidential data

Virtuoz'Art is committed to protecting the privacy of its visitors and customers. Automated processing of personal information has been declared to the National Commission for Computing and Freedoms under the number 2097014.

In compliance with the Data Protection Act of January 6, 1978, you have the right to access, modify, rectify and delete any of the data concerning you. You can exercise this right by sending an email (contact @virtuoz-art.com) or mail to the following address:

Virtuoz'Art - 46, Boulevard Fifi Turin 13010 Marseille

As a part of its business, Virtuoz'Art harvests personal data provided voluntarily, including on registration of new members to the Virtuoz-art.com website. Registration is mandatory for any customer wishing to place an order.Virtuoz'Art undertakes to use the Personal Information only as a part of the operation of the website. Virtuoz'Art agrees not to sell or rent your Personal Data.

Personal Data is primarily used to provide management of clients' orders.

At the time of registration, the customer agrees to consent to the use of his email address for any communication from virtuoz-art.com, including but not limited to Virtuoz'Art newsletters. The customer may choose to unsubscribe from these communications using the link provided for this purpose in the emails in question.

Certain non-personal information may be collected during your browsing on the website. In addition, while browsing on the site this may lead to the implementation of "cookie" files in your computer, which may simplify and improve your visit on the site. Only the issuer of a cookie may read or modify information contained therein. Your possible refusal or the removal of certain cookies essential to the operation of the Site may prevent access to certain essential services of the Site, such as for example making orders.

The cookie is a computer file stored on the hard drive of the user's computer. Cookies allow to report a previous visit of the Customer or Visitor on the site and to link the user to the personal data left on the site, especially when identifying the order basket.

For more information, the Customer or Visitor may contact Virtuoz'Art Customer Service at: + 33 (0) 4.88.08.17.25 (local communication cost from 9:30 to 17:00, Monday to Friday).

Virtuoz'Art strives to ensure the confidentiality and protection of data that could be entered or transmitted from its services, but cannot nevertheless be liable for deterioration, loss, or accidental "hacking" that may occur despite all the precautions implemented. The user of the service, subscriber or not, so relieves Virtuoz'Art from any prosecution and any claim for damages and consequential damages for the loss and/or data hacking.

 

13. Applicable law

These general terms and conditions of sale are subject to French law.

Any dispute arising in connection with the execution or interpretation of the contract must first pass through an amicable settlement stage by a written exchange between the parties, containing a precise description of the complaint and answer.

If this fails, the dispute will be submitted to the prior arbitration of a mediator proposed by the Association of European Mediators (AME) seized at the request of the most diligent party.

In case of failure of the mediation, this dispute will fall under the exclusive jurisdiction.

Any dispute concerning the validity, interpretation and/or execution of these general conditions of sale, even in case of appeal or multiple defendants, will be under the jurisdiction of the Commercial Court of Marseille (for merchants) and the Tribunal de Grande Instance of MARSEILLE (for private customers).

 

14. Divisibility of the terms

The fact that any term of the General Conditions becomes null, ineffective, obsolete, illegal or unenforceable because of a law, of a regulation or following a court decision, cannot undermine the validity, legality, enforceability of the remaining provisions of the Terms and shall not relieve the Customer or Virtuoz'Art of fulfilling its contractual obligations.

 


QUALITY CHARTER

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AFTER SALES SERVICE

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