General Terms and Conditions of Sale and Use

The website https://www.audacieuse-galerie.ch/ is edited by the society AUDACIEUSE-GALERIE SARL with a capital of 20000CHF, whose head office is located in Avenue Vibert 24, 1227 Carouge/GE, Switzerland, postal box N° 1464.

We should be grateful if you would visit and use our website https://www.audacieuse-galerie.ch/ (the website below). This Website's goal is to offer you Artworks, prestigious creations (see below « Artwork ») and high quality Service (see below « Service »).

These Terms and Conditions of sale and use set up the relation between AUDACIEUSE-GALERIE (see below « Audacieuse-Galerie ») and the Client (see below « Client »). « Client » is defined as any natural or legal person that uses, reserves, orders and/or buys any Service, Product or Artwork. For the commercial relationship between Audacieuse Galerie SARL and the Client, the following terms and conditions of sale are valid in the french version only.

English and german translations are suggested for the comfort of the Client only. The Client declares to have aknowledged and accepted the Terms and Conditions of sale and use in their entirety before any use, reservation, order and/or purchase.

Use of the Website

By using the Website, the Client agrees to abide by the effective laws and rules. The Client must be at least 18 years old, legally capable of contracting and financially responsible. The username and password of the Client are private and confidential. The Client is entirely responsible for their use. The Client commits himself/herself to do everything possible to keep the username and password secret and not to disclose those to anyone else. In case of leak, loss or fraudulent use of these IDs it is up to the Client to immediately report it to Audacieuse-Galerie.

Delivery and Carriers

The order is immediatly processed by Audacieuse-galerie after the payment and the Products are delivered as fast as possible, according to the carrier, to the Client. The standard shipping is the Swiss Post, drop-off with signature. A registered Client can see the status of his/her order and the delivery progress online. The Recipient, as mentioned in the order form, under the responsibility of the Client, must either wait for the Carrier at the recipent address, or move to the « point relais », to the post office, to the office of the Carrier, as stated in the Website to pick up his order, with the receiving report provided by e-mail. It is the sole responsibility of the Client to type correctly and completely the true and right information that will enable the chosen Carrier to make the delivery of the product(s) ordered on the Website, and to update them. By no means should we be held responsible for the errors committed in the information that the Client communicates (identity, delivery adress, or any other information necessary to the delivery).

Therefore, the place of delivery has to be easily identifiable (presence of a plaque or signage) in order that no ambiguity can be possible. In case of incorrect, unclear information or if it is not possible to access to the recipient address, the Carrier shall consider that the travel service was made. The order will then be stored by the Carrier, in the post office or in a local point. The Client picks up his order at his own expenses. The Client can also contact the Carrier to proceed to a new delivery. The possible reshipping costs are entirely at the Client's expenses. In case of problem with a Carrier, Audacieuse-Galerie will transmit your claim to the responsible Carrier. We will do our best to get the delivery done by the Carrier. In the absence of claim of the Client, each delivery done shall be considered as unreservedly accepted and shall prevent any future claim. No claim shall exempt you from paying the ordered Service, Product or Artwork. The information related to the fixed delivery times of the Carriers includes the average and approximative times.

Audacieuse-Galerie dispatches as quickly as possible and shall not be held responsible in case of additional delays outside its control or due to unforeseeable and unavoidable events. (Natural disaster, failure of Internet connection, social conflicts, unrest, difficulties in the supplying of material and energy, late arrival of transport, mistakes or delays of a supplier, customs or administrative problem…) Audacieuse-Galerie shall not be held responsible for the effective pick-up date (which can be different of the due pick-up date) as well as the effective delivery date and a potential resulting delay. These elements remain under the sole responsability of the Carrier. If the Carrier commits an error or delivers late, you can, in some cases, obtain compensation from the Carrier.

For the international shipments, the rights and taxes relating to the customs clearance are not included in the price of the presented Services, nor the possible fees charged by the actors in charge of the customs clearance. It is the sole responsibility of the Client to make sure that the recipient of the shipment is able to pay import duties at the arrival, otherwise the delivery can be late or sent back, at the Client's own expenses.

The Client shall be informed without delay of any impediment to delivery. If the goods is not available anymore, the order shall be cancelled. If the maximum delay of 30 working days can not be respected, the Client shall have the possibility to give up the order by an immediate written statement. In case of cancellation or contract termination, potential advances paid by the Client will be refunded to him/her. Any other claim of the Client and in particular, any damage and interest claim based on a late delivery or the non-execution of the service as well as claims based on indirect damages or lost profit are excluded.

Right of withdrawal

You are informed that, pursuant of the article L. 121-20 and next from the french Consumer Code concerning distance selling, reserved provisions of services, customized Products, large-dimensioned prints or digital software available for download, photographies and videos that are offered by the Website are not subject to the application of the withdrawal right and are therefore subject to cancellations or planned modifications of these Terms and Conditions. For the other Products and to obtain reimbursement, the Client shall give the item back in its original condition and original packaging, suitable for fragile products, in order to be marketed again within seven clear days from the date of receipt. The delay is deemed to have been observed once the withdrawal statement has been declared by our contact form on the seventh day at the latest. The Client shall bear the reshipping costs of the goods as well as the costs The destroyal of packaging, the presence of scratches, stains, damage, marks of wear and tear, use, or any other thing that could prevent the re-marekting of the Product, is considered as a total loss of the product value, and makes an exchange or a refund impossible. The Client is also required to return the certificate of edition or authenticity. If no certificate of edition or authenticity is returned, the Client will not be refunded.

Quality of the products shipped

Potential differences of color of the Artworks and Products from the published offer can occur but are nonetheless minimal : we use displays calibrated by colorimetric sensors, with high-quality calibrated colors. If a great color difference should occur, we would therefore ask you to contact us.

Cancellation of an order

The cancellation of any order by the Client is obliged to be set out in writing (ideally in a contact form of the Website) and will be accepted only if it is made before the taking-over of the Carrier. In case of accepted cancellation from Audacieuse-Galerie, the order shall be refunded with the same payment method. If the order was paid with a credit voucher, the cancellation shall credit the account of the Client in the form of a new credit voucher. The Client who unreservedly accepted the goods shall not be entitled to assert claims against Audacieuse-Galerie or the mandated Carrier, subject to cases of intentional deceit or serious neglect. The hidden defects affecting the content of dispatch must be reported in writing. The same goes for claims about an incomplete delivery of the goods.

Payment methods

The payment can be made in the following means : check, payment slips, online slips, transfer or credit card.

Credit Cards

The payment by credit card is made at the end of the purchase procedure, on the secured website of PostFinance or ipay by means of a secured purchase procedure.

Payment slips or online slips

The order will be confirmed only at the reception of your payment in our bank. Please indicate the order number on the payment slip or in the form of the online slip.

Payment by transfer

In case of payment by transfer, it must be made on a the following account in CHF :

PostFinance Code IBAN CH96 0900 0000 8562 9647 3 Code BIC/SWIFT POFICHBEXXX

Recipient : Audacieuse-Galerie SARL Avenue Vibert 24, 1227 Carouge GE

The order will be confirmed only at the reception of your payment in our bank.

Other payment methods

The other payment methods can involve extra fees : cash on delivery ; check ; mandate. We accept most of these payment methods under certain conditions. For some cases, please consult us before any operation of payment. In the event the Client has used a service of cash on delivery, the impossibility to get receipt of payment by the Carrier, regardless of the causes and circumstances, remains the responsability of the Client.

Professional Clients.

The invoices issued by Audacieuse-Galerie are due in CHF or Euros in accordance with the invoice issued. After several orders and the obtention of payment guarantees, professional clients benefit from several deffered payment methods, upon request from Audacieuse-Galerie. The deferred payment is to be paid as stated on the invoice or the proposition. The preferred payment methods are the banking transfer, the payment slip and the online slip.

The detailed invoice is issued by Audacieuse-Galerie and its payment through the Website is made directly by the Client at the order or differed by means of the payment methods as described above.

The transfer of a payment slip or a transfer order shall not constitute the payment : the payment shall be considered to be made at the effective collection of said amounts in our bank.

Delay or payment default

In the event that the payment is revealed to be irregular, incomplete or nonexistent, for a reason attributable to the Client, the delivery shall be cancelled. The resulting costs of ordering are at the expenses of the Client. In case of delay or payment default, Audacieuse-Galerie has the right to require default interests from the Client, in accordance with the legal provisions. Audacieuse-Galerie reserves the exercise of other rights and claims for reasons of delay. A recovery procedure, a legal action can be taken against the Client. Audacieuse-Galerie also reserves the right, at our sole discretion and without notice, to deactivate the Clien’s account. Any late payment makes the totality of the sums which are dued to us immediately eligible. This shall lead to the application of late penalty fees at the legal interest rate in force. These penalties shall be due from the day following the date of maturity until the day of definitive payment.

Use of IT supports

The Client shall dispose of recent IT equipment that is powerful and functional enough to read effortlessly the Services and The Products (DVD, USB keys, videos, photos etc) A current and up-to-date browser as well as an Internet connection of minimum 2Mbps are recommended for dowloading. Video players and up-to-date video decoders are recommended for a perfect reading of video films. A panoramic screen of minimum 1920 pixels by 1080 pixels is recommended to fully enjoy HD movies. In order to enjoy the full resolution of 4K films, a TV or a screen as well as a USB3 reader or Ultra HD Blu-Ray, able to play ultra high definition, are recommended.

Insurance

In the event that the Client has subscribed to an ad valorem insurance, thourhg Audaiceuse-Galerie or not, the assessment of the claim shall be made at the sole discretion of the insurance provider, and Audacieuse-Galerie shall in no circumstances incur liability. The Client shall not aspire to any compensation relating to his/her claim from Audaiceuse-galerie, included regarding the transportation fees.

Absence or limitation of liability

Audacieuse-Galerie shall use all means at its disposal to offer a pleasant web browsing and the most functional using experience. However, the variations associated with Internet do not allow us to guarantee the continuity of the services offered by the Website or that it will be permanently accessible. We do not guarantee that the Website will operate without interruption or breakdown, or that it will be compatible with particular equipments or settings. In no case shall Audacieuse-Galerie be held responsible in case of direct and/or indirect damages or predictable or unpredictable damages, resulting of the use of the Website or the entire or partial impossibility to have access to the Website. Audacieuse-Galerie reserves the right to correct potential mistakes present on the Website, once they are brought to our attention and, more generally, to modify, at any time and without notice, all or one part of the Website and its content, without our liability being incurred. Audacieuse-Galerie shall use all means at its disposal to guarantee the secrecy of the present data on the Website, but we can not be held criminally or civil responsible regarding a potential breach of confidentiality, regardless of the origin of this breach (technical difficulty, attack, human error, etc) Audacieuse-Galerie shall take actions that are economically and technically acceptable and proportionate in order to protect the data and to guarantee the services of the Website.

Loyalty program, promotions, giftcards, sponsorship, discount voucher

Loyalty program, promotions, giftcards, sponsorship, discount voucher must be validated during the order on the form dedicated to this matter, before payment. The Client who did not use his/her discount voucher, promotion, credits or giftcard – partially or entirely – shall not claim for a refund or a compensation. Pormotions, sponsorship offers, loyalty programs and giftcards can not be cumulated in the same order. It goes without saying that the Client who does not meet the requirements of the offer shall not claim for a refund or a compensation. In the event that Audacieuse-Galerie discovers a fraudulent use of the loyalty program, promotions, giftcards, sponsorships or discount vouchers, Audacieuse-Galerie shall block the use of a Client’s account. Audacieuse-Galerie reserves the right, unilaterally and at its sole discretion, to zero the offer balance and to block an order, a payment or a delivery. The conditions of these operations are subject to particular notice, detailing the conditions of offer and access ot the Clients :

Promotions

The duration of use of these credits is limited and can not be extended to each new purchase.

Promotions and loyalty

The promotions and the loyalty program can be limited in time, quantity, delivered in the form of percentage, discount in CHF, or in offered products. They can concern one or several Clients. The loyalty program set up on the Website allows every Client to create an account on Audacieuse-Galerie and to earn credits, usueable on the Website during the ordering of services or products.

Giftcards

Giftcards are useable on our Website and in all the shops of Audacieuse-Galerie. The Clients can use a giftcard partially or entirely to pay the orders, within the limits of the amount loaded or the card balance. The giftcards are valid for 5 years. The cards are anonym and can be used by anyone who is in possession of the code.

Sponsorship

Audacieuse-Galerie suggests to its Clients to spur other persons to order on our Website, in exchange for advantages. The sponsor must be an active client having ordered on our Website and up-to-date in his/her payments. The Godchild shall be an unknown new Client of Audacieuse-Galerie. The Sponser shall be responsible for providing the e-mail adress to his/her Godchild in order to send an invitation to join us and order on our Website. The Sponser commits to having obtained the explicit assent of his/her Godchild. The Godchild shall benefit from one single sponsorship and a 5 % discount from the first order. The Sponser shall benefit from a 5 % discount once the Godchild made his/her first order. The Clients Sponsor or Godchild that do not use this offer shall not claim for a refund or a compensation.

Affiliate program

The affiliation is a « win-win deal » : we reward our affiliated partners according to the sales they bring us. The more the flow of internet users enables us to sell, the more you win. It is that easy. And with Audacieuse-Galerie, it can go very fast.

Contact us and indicate the adress of internet pages where you want us to be viewed. We will prepare a link to set up on your Website. We offer you our small reports and our visuals for your blog or your online newspaper.

You shall have access to the statistics of the sales generated, at the discretion of your account. You will find the sales linked to the flows that you will bring us, as well as the amount of your advantage. This amount is calculated up to 4 % of the sales made by the flow of internet users sent by your Website.

This amount is deductible from your online purchases in all the shops of Audacieuse-Galerie.

Confidentiality

As part of the Website use, the Client may be required to communicate personal data to place an order. We collect this type of data in a fair, respectful and legitimate way : we transmit your data only to the Carrier who will make the delivery. We preserve the data for you to be able to have access to your personal space, but also for you to benefit from a discount or an invitation to our events. No personal data shall be collected without your knowledge or your prior agreement. Only the personal information volontarily provided shall be collected.

Newsletter, magazine and e-mail

The Client can unsubscribe of your newsletter or electronic magazine simply by clicking on the link « unsubscrribe » at the bottom of our mails. For each order, you will receive an e-mail for each procedural step from the ordering to the delivery, in order to keep you informed about the progress.

Cookies

The cookies emitted by our Website offer more safety and make the browsing easier during the ordering process. They help us establish the statistics on the site trafic and use in order to improve our Website and offer a better experience to our Clients.

Intellectual property right

The Website https://www.audacieuse-galerie.ch and its content are protected by intellectual property rights. Only the viewing of its content for personal and private use is authorized. All other rights are reserved to Audacieuse-Galerie SARL or to the respective authors. The Website and its information shall not be reproduced, communicated to third parties, used as a whole or partially, for commercial purposes or used for the production of derivative work.

Authorization to our Partners

We shall only allow the use of our logos, a few of our texts, or a few of our pictures, upon authorization and after the check of the distribution and reproduction context. Contact us to obtain our files in high resolution, our press releases, our media in high definition. On this occasion, we will transmit « partner links » to you to add in your Websites, in order to benefit from our affiliate program.

Language of the Website, Juridiction and applicable law

Only the french version of the Website and its terms and conditions is valid. The translations in other langages are only offered for the convenience of the Client only. Therefore the texts and pictures in French shall be used as the reference value.

The data on IT or electronic support preserved by the Audacieuse-Galerie society constitute evidence. If they are produced a as means of evidence by the Audacieuse-Galerie society in all legal proceeding or other, they are admissible or opposable between the parties on equal terms and with the same probative force than any other document issued, received, or kept in writing.

The interpretation and the execution of the present terms and conditions, as well as every act that would be preliminary to it, a result or a consequence of it, shall be subject to Swiss law.

All legal dispute arising following the interpretation, execution or use of the Website shall be subject to the exclusive jurisdiction of the Court of Geneva, even in case of guarantee call, of plurality of defendants or of incidential claim.

The effects of commerce and the acceptance of the rules shall not trigger novation or derogation to this clause.

Case of Force Majeure

The parties are released from their obligations in case of Force Majeure, that is to say in case of all event that is beyond their will and control. The cases of Force Majeure, including but not limited, and on a indicative basis, are : telecommunications network shutdown, work conflicts resulting in a general or a sector-wide strike, disturbances blocking means of transport and supply, export or importy ban enacted by a government authority, firs, floods, earthquakes, storms, insurgencies. Audacieuse-Galerie shall not be held responsible for the non-performance of the contract concluded in case of temporary unavailability of its Website.

Modify the present terms and conditions

Audacieuse-Galerie reserves the right to modify the present terms and conditions at any time, without notice, on the understanding that such changes shall not be applied to the orderings accepted beforehand.