Presentation
The https://www.Audacieuse-Galerie.ch website is published by the company Audacieuse-Galerie SARL with a capital of 20000 CHF, whose registered office is at 50 rue Ancienne, 1227 Carouge GE, Switzerland. Audacieuse-Galerie is a registered trademark.
Thank you for visiting and using our https://www.audacieuse-galerie.ch site (hereinafter the Site). The purpose of this Site is to offer you works of art
(hereinafter the “Works”), prestigious creations (hereinafter the “Products”) and services of superior quality (hereinafter the “Services”).
These General Terms and Conditions of Sale and Use govern the relationship between Sàrl Audacieuse-Galerie (hereinafter “Audacieuse-Galerie”) and its customers (hereinafter “Client”).
The term “Customer” means any natural or legal person who uses, reserves, orders and/or purchases any Service, Product or Work. For the commercial relationship between Audacieuse-Galerie and the Client, the following general terms and conditions of sale are exclusively valid in French. The English and
are offered only for the convenience of the Customer. The customer declares that he/she has read the following provisions and accepts them in their entirety before any use, reservation, order and/or purchase.
Use of the Site
By using the Site, the Client undertakes to comply with the laws and regulations in force. The Client must be at least 18 years old, legally capable of entering into a contract, and be financially responsible.
The Client’s identifiers are personal and confidential. The Client is fully responsible for their use. The Client undertakes to make every effort to keep these identifiers secret and not to disclose them to anyone. In the event of disclosure, loss or fraudulent use of these identifiers, it will be the Client’s responsibility to report it immediately to Audacieuse-Galerie.
Delivery & Carriers
The order is immediately processed by Audacieuse-Galerie after collection and the Products are shipped as quickly as possible,
depending on the carrier chosen, to the customer. The standard shipping method is Swiss Post, delivered with signature. A registered customer can check the status of their order and the progress of its delivery online. The Recipient, as mentioned in the order form, under the sole responsibility of the Customer, must either wait for the Carrier at the Recipient’s address, or go to the relay point, to the Post Office, to the Carrier’s agency, as provided on the Site to pick up his order, accompanied by the receipt slip received by email. It is the Customer’s sole and entire responsibility to correctly and completely, accurately, accurately, and update the information that will allow the selected Carrier to proceed with the delivery. Under no circumstances will we be liable for any errors made in the information you provide to us (your identity, delivery address, or any other information necessary to make the delivery).
The place of delivery must be easily identifiable (presence of a plate or signage), so that there is no possible ambiguity. In the absence of correct, clearly indicated information or if it is not possible to access the recipient’s address, the Carrier may consider that the travel service has been provided. Then the order will be stored by the Carrier, a post office, or a nearby storage point.
It is the Recipient’s responsibility to collect the order at their own expense. The Client may also contact the Carrier to arrange a reshipment. Any return shipping costs are entirely the responsibility of the Client. In the event of a problem with a carrier, Audacieuse-Galerie will forward your claim to the Carrier
responsible. We will do our best to have the delivery executed by the Carrier. In the absence of a claim by the Client, each
Delivery made will be deemed accepted without reservation and will prevent any further claims. No claim exempts you from paying for the service, product or artwork ordered. Information on Carriers’ delivery times includes average and approximate times.
Audacieuse-Galerie ships as quickly as possible and cannot be held responsible for any additional delays beyond its control, unforeseeable and unavoidable events. (Natural disasters, failure of internet connections, social conflicts, unrest, difficulties in the supply of materials and energy, transport delays, faults or delays by a supplier, customs or administrative problems, etc.). Audacieuse-Galerie will not be able to
be responsible for the actual pick-up date (which may be different from the scheduled pick-up date), as well as the date of
delivery and any delay caused. These elements remain the sole and entire responsibility of the Carrier. If the Carrier is at fault or if it delivers to you late, you may in some cases be able to obtain compensation from the Carrier.
For international shipments, duties and taxes related to customs clearance procedures and any fees charged by customs clearance parties are not included. It is the Client’s responsibility to ensure that the Consignee of the shipment will be able to pay the customs duties upon arrival, under penalty of delay in delivery, and return of the shipment which will be at the Client’s expense.
The customer will be informed without delay of any impediment to delivery. If the goods are no longer available, the order will be cancelled. If the maximum period of 30 working days cannot be met, the customer will have the option of disposing of his order by immediate written declaration. In the event of cancellation or termination of the contract, any advances paid by the customer will be reimbursed. Any other claims by the customer, in particular claims for damages based on late delivery or non-performance of the service, as well as claims based on indirect damage or lost profits, are excluded.
Withdrawals and returns
By their nature, the services booked, personalised or custom-made products, prints and prints, digital software for download, hygiene products, intimate contact products, photographs and videos, books, magazines, recordings, software, offered for sale, are not subject to the application of a right of withdrawal of returns or refunds. For other products, and in order to assert their right to reimbursement, the Client must return the goods in their original condition and in their original packaging, suitable for fragile products, so that they can be remarketed, within seven clear days of the order. The deadline is deemed to have been met if the declaration of withdrawal is declared by our contact form on the seventh day at the latest. The customer is responsible for the costs of returning the goods as well as the costs incurred by Audacieuse-Galerie. The destruction of the packaging, the presence of scratches, stains, tears, breakages, traces of handling, wear or use, or anything that could prevent the re-marketing of the product, are considered a total loss of the value of the product, and make it impossible to exchange or refund. The customer is obliged to return the certificate of edition or authenticity to us as well. If the customer fails to return the certificate of edition or authenticity to us, no refund will be issued.
Quality of the products represented
Possible differences in the colour of the works and products compared to the published offer may occur but would be minimal: We use screens calibrated by colour sensors, with calibrated colours, of high quality. If a large color difference appears on a product, we invite you to contact us.
Order Cancellation
The cancellation of any order by or by the Client must be made in writing (ideally in a contact form on the Site) and can only be accepted if it occurs before it is taken over by a Carrier. In case of cancellation accepted by Audacieuse-Galerie, the order will be refunded by the same means as the payment. If the order was paid with a credit note, the cancellation will credit the Customer’s account in the form of a new credit. The customer who has accepted goods without reservation is no longer entitled to assert claims against Audacieuse-Galerie or the mandated carrier, except in cases of wilful intent or gross negligence. Hidden defects in the contents of a consignment must be reported in writing within 7 days of receipt of the goods. The same applies to claims relating to incomplete delivery of the goods.
Payment Methods
Payment is accepted by credit card, payment slip, e-slip or bank transfer.
Credit Cards
Payment by credit card is made at the end of the purchase process, via the secure PostFinance website or ipay using a secure payment procedure.
Payment slip or e-slip
The order will only be confirmed upon receipt of your payment from our bank. Please indicate the order number on the payment slip or in the e-slip form.
Payment by bank transfer
In the case of payment by bank transfer, it must be made to the following account in Swiss Francs:
PostFinance Code IBAN CH96 0900 0000 8562 9647 3 Code BIC/SWIFT POFICHBEXXX
Beneficiary: Audacieuse-Galerie SARL 50 rue Ancienne, 1227 Carouge GE, Switzerland
The order will only be confirmed upon receipt of your payment from our bank.
Other payment methods
Other payment methods may incur additional fees:
cash on delivery; cheque; mandate; We accept most of these regulations with conditions. In these cases, please consult us before making any payment. In the event that you have used a cash on delivery service, the impossibility of obtaining collection by the
Carrier, whatever the causes, is the responsibility of the Client.
Business customers
Invoices issued by Audacieuse-Galerie are payable in Swiss Francs or Euros in accordance with the invoice issued. After several orders and obtaining payment guarantees, professional customers benefit from several deferred payment methods, on request from Audacieuse-Galerie. Deferred payment is to be paid as specified on the invoice or proposal. The best payments are bank transfers, payment slips and e-slips.
The detailed invoice is issued by Audacieuse-Galerie and its payment via the Site is made by the Client directly at the time of the order or deferred using one of the payment methods described above. The delivery of a payment slip or a transfer order will not constitute payment: The payment is considered to have been made upon the actual receipt of the said sums in our bank.
Late or non-payment
In the event that the payment is irregular, incomplete or non-existent, for a reason attributable to the customer, the delivery will be cancelled. The resulting order costs are the responsibility of the customer. In the event of late payment or non-payment, Audacieuse-Galerie is entitled to demand default interest from the Client in accordance with the legal provisions. Audacieuse-Galerie reserves the right to exercise other rights and claims in the event of a delay. A collection procedure, a legal action can be taken against you. We also reserve the right, in our sole discretion and without prior notice, to deactivate the Customer’s account. Any delay in payment will render in full payment immediately due to us. It will also give rise to late payment penalties at the legal interest rate in force. These penalties will be due from the day following the due date until the day of final settlement.
Use of computer media
The Client must have recent computer equipment, sufficiently powerful and functional to easily read the services and products (DVDs, USB keys, videos, photos, etc.). A common and up-to-date browser and an internet connection of at least 2Mbps are recommended for downloads. Up-to-date video players and video decoders are recommended for perfect playback of video movies. A widescreen screen of at least 1920 pixels by 1080 pixels is recommended to fully enjoy HD (high definition) movies. To enjoy the full resolution of 4K movies, a TV or monitor as well as a USB3 or Ultra HD Blu-Ray player, capable of playing ultra high definition movies are recommended.
Insurance
In the event that the Client has taken out ad valorem insurance, whether through Audacieuse-Galerie or not, the assessment of the claim will be made at the insurer’s sole discretion, without Audacieuse-Galerie being held liable. The Client will not be entitled to any indemnity or compensation relating to his claim from Audacieuse-Galerie, including transport costs.
No or Limitation of Liability
We make every effort to offer a pleasant navigation and a most functional user experience. However, the vagaries related to the Internet do not allow us to guarantee the continuity of the service offered by the Site or that it will be permanently accessible. We do not warrant that the Site will operate without interruption or failures, or that it will be compatible with any particular hardware or configuration. Under no circumstances can we be held liable for any direct and/or indirect damage or foreseeable or unforeseeable damage resulting from the use of the Site or the total or partial impossibility of accessing the Site. We reserve the right to correct any errors on the Site as soon as they are brought to our attention and, more generally, to modify, at any time and without notice, all or part of the Site and its contents, without our liability being incurred. We use all the means at our disposal to guarantee the confidentiality of the data present on the Site, but cannot be held liable, either criminally or civilly, for any breach of this confidentiality, regardless of the origin of this breach (technical difficulty, attack, human error, etc.). We take all economically and technically acceptable and proportionate measures to protect data and guarantee the performance of the Site.
Loyalty programs, promotions, gift cards, sponsorships, discount vouchers
The loyalty program, promotions, gift cards, sponsorships, discount vouchers must be validated at the time of order in the dedicated form, before payment. The customer who has not used his discount, promotion, credits or gift card, partially or entirely, is not entitled to a refund, compensation or compensation. Promotions, referral offers, loyalty programs, and gift cards cannot be combined with the same order. It goes without saying that the Client who does not meet the criteria of the offer will not be entitled to compensation or compensation. In the event that Audacieuse-Galerie discovers fraudulent use of the loyalty system, promotions, gift cards, referrals or discount vouchers, Audacieuse-Galerie may block the use of a Client’s account. Audacieuse-Galerie reserves the right to set the balance of offers to zero, to block an order, a payment or a delivery, unilaterally and at its sole discretion. The conditions of these operations are the subject of special notices, detailing the
Conditions of the offer and access to Clients:
Promotions & Loyalty
Promotions and the loyalty program may be limited in time, quantity, delivered as a percentage, discount in CHF, or in free products. They may concern one or more Clients. The loyalty program set up on the Site allows any customer who has created a Audacieuse-Galerie account to earn credits that can be used on the Site when ordering services or products.
Gift Card
Gift cards can be used on our Site and in all Audacieuse-Galerie stores. The Customer may use their gift card partially or fully to pay for their orders. within the limit of the amount loaded or the balance on the Card. Gift cards are valid for 5 years. The cards are anonymous and can be used by whoever holds the code.
Sponsorship
We offer our customers the opportunity to encourage others to order from our Website in exchange for benefits. The Referrer must be an active customer who has placed an order through our Site and is up to date with their payments. The Referee is a new unknown client of Audacieuse-Galerie. The Referrer assumes responsibility for providing the e-mail address of his/her Referee for the purpose of sending an invitation to log in and order on the site. He/she undertakes to have obtained the explicit consent of his/her Referee. The Referee will only be able to benefit from one referral. The referee will receive a 5% discount from their first order. The Referrer will receive a 5% discount as soon as the referee has placed an order. Referrer or Referral Customers who do not use this offer will not be entitled to a refund, compensation or compensation.
Affiliate Program
Affiliate marketing is a “win-win deal”: We reward our affiliate partners based on the sales they bring us. The more your stream of users allows us to sell, the more you gain. It’s as simple as that, … and at Audacieuse-Galerie it can go very fast.
Contact us and indicate the address of the web pages where you wish to display us. We prepare a link for you to set up on your site. We offer you our short reports and visuals for your blog or online newspaper.
At the discretion of your account, you can access the sales statistics generated. Here you can find out about the sales related to the feed you bring us, as well as the amount of your benefit. This prize pool is calculated at 4% of the sales made by the stream of Internet users sent by your site.
Your money pot is deductible from your online purchases on all Audacieuse-Galerie stores.
Confidentiality
As part of the use of the Site, the Client may be required to provide us with personal data in order to place an order. We collect this type of data in a fair, respectful and lawful manner.
Newsletter, magazine and email.
The Customer can unsubscribe from our newsletter or electronic magazine by simply clicking on the “unsubscribe” link at the bottom of our letters.
For each order, you will receive an e-mail for each step of the order process until delivery, to inform you of its progress.
Cookies
The cookies issued by our Site offer better security and make it easier to navigate through the ordering process. They help us to compile statistics on the number of visitors and the use of our Site for the purposes of improvement, in order to offer the best experience to our Customers.
Personal and private intellectual property rights
The https://www.audacieuse-galerie.ch website and its contents are protected by intellectual property rights. Only the viewing of its content on a personal and private basis is permitted. All other rights reserved to Audacieuse-Galerie SARL or the respective authors. The Site and the information may not be reproduced, communicated to third parties, used in whole or in part, for commercial or non-commercial purposes, or used to produce derivative works.
Authorization to our Partners
With authorization only, and after verification of the context of distribution and reproduction, we may authorize the use of our logos, some of our texts, or some of our images. Contact us to get our high-resolution files, press releases, and other high-definition media. On this occasion, we will send you “partner links” to add to your sites, in order to take advantage of our affiliate program.
Site Language, Jurisdiction and Applicable Law
The French version of the site and its general terms and conditions are the only valid ones. Other languages are for the convenience of the Client only. Thus, the texts and images in French have reference value.
The data on computer or electronic media kept by the company Audacieuse-Galerie constitute evidence. If they are produced as evidence by Audacieuse-Galerie in any legal or other proceedings, they will be admissible and enforceable between the parties under the same conditions and with the same probative value as any other document that is drawn up, received or kept in writing.
The interpretation and execution of these General Terms and Conditions, as well as all acts that may precede, follow or consequence, will be subject to Swiss law.
Any dispute arising from the interpretation, execution and use of this Site shall be subject to the exclusive jurisdiction of the Court of Geneva, even in the event of a third party claim or multiple defendants or incidental claim.
Bills of exchange or acceptance of settlements shall not novate or derogate from this clause.
Force Majeure
The parties are released from their obligations in the event of force majeure, i.e. in the event of any event beyond their control or partially beyond their control. In particular, the following are considered to be cases of force majeure, without limitation and for information purposes only:
- shutdown of telecommunications networks,
- labour disputes resulting in a general or sectoral strike,
- disruptions to transport and supply facilities,
- a ban on export or import issued by a government authority,
- fires, floods, earthquakes, storms, insurrections.
Audacieuse-Galerie cannot be held responsible for the non-performance of the contract concluded in the event of temporary unavailability of its website.
Modification of the General Terms and Conditions of Sale
Audacieuse-Galerie reserves the right to modify these Terms and Conditions at any time, without prior notice, it being understood that such modifications will not apply to orders previously accepted.
