Preambule

The company ALFIE BE, a private limited liability company under Belgium law, which registered office is located 10 avenue George Lloyd in Brussels (Belgium), incorporated at the Banque-carrefour des Entreprises of Belgium under number 0314.595.348 (hereinafter « ALFIE BE ») is the seller of the products and services available on the website yannarthusbertrandphoto.com and/or yabphoto.com (hereinafter indistinctly the “Website”).

ALFIE BE provides to the Internet users in France and abroad, on the Website, offers of sale allowing a buyer (hereinafter a “Customer” or “User”), after registration, to accept a sale order to buy artworks and photographic works (hereinafter the “Product(s)” or “Work(s)”) offered at a non-negotiable price, inclusive of all taxes, excluding delivery costs.

These terms and conditions of sale of the Products and use of the Website (hereinafter the “TCSU“) govern the use of the Website and any purchase of Products done by a Customer on the Website.

All use of the Website implies acceptance of these terms, without exception.

Acceptance of our Terms and Conditions is done by ticking the box “I fully agree to the Terms and Conditions”, when creating a user account. Acceptance is required in full, additional or altered terms and conditions will be null and void.

ALFIE BE reserves the right to amend or modify the Website at any time, including the present Terms and Conditions.

Such amendments are binding as from the time You use the Service or place a sale order that states that the order has been accepted, unless a change to these TCS, or presented Sales Conditions is required by an administrative or governmental authority (in this case, the change could also potentially be applied to previous orders you have made).

These terms and conditions are available in French and in English. In the event of any inconsistency between the two versions, the French language version shall prevail.

 

1. Products

Information on the essential characteristics of the Products is presented on the Website in each artwork description.

You acknowledge that Products online may not display accurately the original artwork, colors You see will depend on color capabilities of each User’s browser and device monitor.

Products on the Website are offered for sale within the limit of available stock. The User will be informed as soon as possible if any Products ordered are no longer available. Accordingly, the User may cancel the order and be reimbursed. Within 30 days, the amount already paid by the User shall be credited to the bank account corresponding to the banking card that was used for the order.

 

2. Prices

Prices on the Website are indicated in Euros inclusive of all taxes and exclude handling and shipping costs (see “Delivery”). The prices invoiced are based on the applicable rates at the time the order is submitted.

Orders to countries outside of Belgium: You become the importer of the Product. Orders to countries outside the EU may be subject to VAT, import duties and/or taxes. This means that ALFIE BE do not collect any of these additional charges. It is your responsibility to find out about your country’s customs for clearance requirements.

Any change in the applicable rate of VAT will be automatically reflected in the price of products in the online shop.

Prices are those in effect at the time the order is received at ALFIE BE.

 

3. Registration

In order to make a purchase, You must first register and create an account.

During the registration process you will be required to provide your personal information with honesty. You agree to update this information when necessary.

Each time You want to connect to your account, You may enter an email address and a password. The password-protected portion of the Service is intended for personal and private use, so that you and only you have access to this data. ALFIE BE suggests the User not to disclose theses information to anyone.

You are solely responsible for safeguarding your password. Accordingly, You will be liable for any unauthorized use of your password.

Under the French law of January 6, 1978, the User has at any time a right of access of personal data collected by sending a request to ALFIE BE at atelier@yannarthusbertrandphoto.com without prejudice to any of its other rights, like refusal to the processing of your personal information.

 

4. Accessibility

ALFIE BE actively work to ensure that this Website is accessible and usable 24/7, independently of maintenance work programmed, subject to the provisions of the present agreement.

Access to the Website and its content is provided “as is” and accessible based on its availability.

ALFIE BE makes no guarantee or warranty, express or implied, as to the intangibility of all or part the Website and its unlimited access to content.

ALFIE BE cannot guarantee that the Website is completely free of inaccuracies (especially colours) and Products online display accurately the original artwork, colors You see will depend on color capabilities of each User’s device monitor.

ALFIE BE commits itself to ensure that the Website remains functional and accessible to all Users under the best conditions.

Use of the Website implies the knowledge and acceptance of the characteristics and limits of the internet, and of any translations of the Website into any languages other than French and in particular those relating to technical performance; response times when consulting, searching for or transferring information; and of the risks inherent in any connection and transmission over the internet.

Consequently, in the absence of any failure on its part, ALFIE BE cannot be held responsible for any damage that may be suffered by a Buyer, in particular but not exhaustively for any:

  • operating losses, loss of information, resulting from any malfunctions, breakdowns, delays or interruptions of access to the internet;
  • transmission and/or receipt of any data and/or information over the internet;
  • consequences of any virus, computer bug, anomaly, technical defect;
  • defect in any reception equipment or lines of communication;
  • loss of any email and, more generally, any loss of any data;
  • any damage caused to the computer, PDA or Smartphone etc. belonging to a user who connects to the Website;
  • any technical, material or software defects of any nature, that may have prevented or limited the ability to use the Website or may have damaged the system of any user who connects to the Website;
  • any technical fault or manifest error (in particular technical, material, software, price display, translation, etc., of any nature, having prevented or limited the ability to use the Website or having misled a user connected to the Website;
  • indirect damage.

 

5. Responsibility

  1. In accordance with articles 6-I, 2 and 3 of the law n° 2004-575 of 21st June 2004 on trust in the digital economy, ALFIE BE shall not be held responsible for any content that may be made available on the Website by Users, in particular in relation to product descriptions, except where it has failed to remove such content promptly following reports of its illegality under the conditions set out by this law.
  2. The Buyer agrees, upon a first request including in the event of an inconclusive court decision, to compensate and indemnify ALFIE BE for any damage, loss, loss of earnings, complaint, liability and costs including legal fees and costs that NNNATYS may incur if its responsibility should be called into question by a third party, due to a claim or action linked to such use of the Service by the Buyer.
  3. Buyers are informed that ALFIE BE may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.
  4. The Website may contain links to third party websites that are not owned or controlled by ALFIE BE. ALFIE BE assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

 

6. Ordering procedure

The User must imperatively go through these successive stages:

  1. The User connects to the Website
  2. The User add Products to the shopping cart
  3. The User may fills missing personal account information, if it hasn’t been done before
  4. The User checks his order items, identifies and corrects possible input on the order summary
  5.  The User reads and accepts the terms of Service.
  6.  The User confirms the order, the total amount and the full price by clicking on“Pay my order”.
  7. The User receives a confirmation via e-mail specifying the basic features of the Products ordered. The order is only confirmed once payment has been authorised by the bank and the money transferred to ALFIE BE. ALFIE BE reserves the right to cancel an order from a Customer with whom it has an unsettled dispute over payment for a previous order.
  8. The User receives an order summary and an invoice by email when full payment has been received. Invoice as a contract document shall be considered as contract documents between the User and ALFIE BE. These documents can also be printed out.
  9. Products will be shipped to the User’s delivery address indicated during the ordering process or provide any special delivery instructions to collect the Products you have ordered to ALFIE BE. The order summary is also available online via the « My account » through « My orders » section of the Website.

7. Retention of property

All products on the Website remain the exclusive property of ALFIE BE or art galleries or artists with consigned works to be sold on the Website until full payment is tendered to ALFIE BE.

 

8. Terms of payment

Payment in full is expected at the time of purchase. Partial payment and deposit are not accepted at any time. ALFIE BE does not accept cash on delivery, for any reason.

Payment online is to be made by credit card (Visa, Eurocard/Mastercard) to the secured platform HIPAY DIRECT or PAYPAL or by bank wire or bank transfer.

In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the undertaking to pay using a payment card is irrevocable.

Placing an order on the Website implies guarantee that the User has all the necessary permissions to use payment methods available on the Website.

ALFIE BE reserves the right to pend or to cancel any order for any reason without liability if any sums payable by the customer cannot be paid.

Even if ALFIE BE is using an encrypted secure payment mechanism, we cannot ensure or warrant the security of any information You transmit to us online or via email.

ALFIE BE disclaims all liability resulting from the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

 

9. Anti-fraud

ALFIE BE employs a security mechanism designed to prevent fraudulent behaviours. Such prevention technique may lead to:

(I) request additional identify verification to secure the transaction after the payment was done, especially when a potential fraud alert is triggered by the information transmitted.

(II) block any transaction made from accounts with previous fraudulent order history.

 

10.Delivery

The delivery is to be made within three (3) to four (4) weeks. Products are shipped to the address indicated during the order process.

Delivery times mentioned are indicative and may vary depending on the destination country.

Only for the months of July and August, the delivery is to be made within five (5) to six (6) weeks.

ALFIE BE cannot accept liability for any failure to deliver ordered Products due to incorrect or incomplete delivery address.

When placing a sale order, the User must select the appropriate delivery mode checkbox and the delivery destination to the shipping carrier.

– PREMIER AIR COURIER

Once the package leaves ALFIE BE’ office to the delivery address indicated by the User when ordering Product(s), he or she receives a shipment confirmation e-mail from the Website with a tracking number.

From the time the goods are transferred to the carrier nominated, the User bears the risks of loss or damage.

The User is encouraged to check the parcel methodically upon its arrival. If a parcel arrives damaged, the User’s reservations must be written on the delivery note in the presence of the carrier in order to claim compensation.

You must inform us by fax or via email within 72 hours of delivery if any goods are damaged or missing.

You can track the shipment of your order by clicking the « My Account » button in your personal secured section of our Website.

You can also check the status of the parcel on the carrier’s website, PREMIER AIR COURIER.

In case of absence upon delivery at the address specified by the User, a note of passage will be left up by the carrier to the mailbox. The parcel must be collected at the post office within 15 (fifteen) days. If not collected in a timely manner by the carrier, the product will be returned to ALFIE BE. In such case, our Customer Service will contact you regarding refund or new shipment options. Regardless, you will be charged all costs related to a new shipment.

In case of absence upon delivery at the address specified by the User, You can organise a redelivery of your parcel by choosing a desired time and date or another address on PREMIER AIR COURIER’s website.You will need your tracking number for this kind of arrangement.

Each delivery is deemed as completed once it is made available to the customer by the transporter, and materialized by the delivery tracking proposed on the Internet site of UPS mentioned above.

If, 7 (seven) business days after shipment of the package, the customer has not received any information about his order, he must contact the post office that is closest to the location of delivery. If the post office or if the delivery tracking system offered on the Internet sites of our carrier, mentioned above, is not able to locate the package, you must then contact ALFIE BE through the Customer Service, which will make enquiries with the postal service.The timeframes for a definitive response from the postal service varies from one to three weeks starting from the time of acknowledgement of the situation by the personnel of ALFIE BE.

If the package is found, it is sent it the customer: if the procedure of receipt follows its normal course (delivery of the package or notice of passage).

If the package is declared as lost (the definitive response is often provided within the maximal timeframe, or three weeks), ALFIE BE then notifies the customer and immediately reimburses the customer for the package (products and shipping charges).

ALFIE BE is not liable for breach of contract arising out of circumstances beyond ALFIE BE control such as disruption or strikes of postal services or transport/communication means.

Circumstances beyond ALFIE BE control include but are not limited to: war, riot, fire, strikes, accidents, or blocking of the means of transport or supply.

In any event, the on-time delivery of our products can only take place if our buyers are up-to-date with their obligations to us.

11. Right of withdrawal

In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.

If the buyer is not a national of this area himself, this right of withdrawal is not applicable.

It is stipulated that the aforementioned legal right of retraction will not be applicable by the Client in cases where the Work(s) bought by the Client are customised at his  specific request (art. L. 221-28 3°) C. conso), in particular, for example, an order for a print framed in accordance with the personal specifications of the Client (dimensions, colour and/or material of the frame, type of glass, etc).

The buyer exercises his right of withdrawal directly from ALFIE BE, by sending an email to the address atelier@yannarthusbertrandphoto.com. ALFIE BE will then notify the Vendor by email.

In case the right of withdrawal is exercised in the aforementioned time frame, only the price of the Product(s) purchased and the shipping costs will be reimbursed by ALFIE BE, whereas the return costs will remain the responsibility of the Buyer.

The Product must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of the sending. The return costs will be borne in full by the User.

User shall be refunded as soon as possible and no later than 30 days following the date on which the right of withdrawal is exercised. This reimbursement shall be made by any means of payment except cash. ALFIE BE disclaims all liability in respect of a parcel returned by the buyer without tracking. No refund will be given if the item is not returned to ALFIE BE in full, in its sold condition, and packaged in the original material.

  • Personal data

The Username (his email) and password are kept strictly personal and confidential.The User registered on the Website should not divulge this information. Unless he can provide evidence of fraud, the User is solely responsible for any sale(s) conclude by a person using his User name and password, and he alone shall bear the consequences.

The User agrees to reveal any use by a third party of his Username and password as soon as he has knowledge of it. The User must not create or use other accounts other than the sole account initially created. The User accepts that ALFIE BE save any documents, information and recordings relating to his activity on the Website. In case of non-compliance with the present Terms and Conditions of use and sale, ALFIE BE reserves the possibility of removing the Item from sale at any time.

All users of the internet are required to take all appropriate measures in order to:

1) protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage

2) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website (by sending an email via the contact form) so that ALFIE BE can make all verifications, and if necessary, erroneous information can be corrected

The responsibility of ALFIE BE towards the User cannot be engaged except where the facts are exclusively attributable to him/her and where he/she would suffer prejudice directly related to those facts. ALFIE BE cannot be held responsible for indirect loss or damage. Neither shall ALFIE BE be held responsible for any incorrect use of the Service by the User or for any fault on his/her part. Neither shall ALFIE BE be held responsible for any loss or damages attributable to a third party to the Service.

If the circumstances occur, ALFIE BE shall not be held responsible in any way as a result of the access to the Website by unauthorised third party, especially in the case of the misuse, loss, theft or disclosure of user name or password.

XII. Litigation – Disputes – Claims

ALFIE BE will use its best efforts to ensure that the quality of our services meet your expectation. Each User has the ability to report, by emailing ALFIE BE at the address atelier@yannarthusbertrandphoto.com, within 21 days from the receipt of any Product, any claim concerning the Product ordered, following the hereafter criteria:

  •  Product not received: the Product has not been received by the User
  •  Non-compliant Product: the received Product does not correspond to the ordered Product
  •  Damaged Product: the received Product is damaged or broken.

In the case of a complaint, the dispute resolution process will be conducted in ALFIE BE’ sole discretion or together with the applicant if needed. ALFIE BE will be personally responsible of the resolution of the dispute with the buyer. Disputes are directly ruled between the buyer and ALFIE BE. ALFIE BE will make all the efforts necessary to resolve the dispute with the buyer amicably.

Claim based on an error of the Item’s condition.

Items are sold by ALFIE BE are works of art, antiques and used items, sold as described by the Expert on the Website and on the invoice. ALFIE BE reserves the right to unilaterally refuse any request to impose on the Company any costs of repair or restoration due to the wear and use of the object.

If the buyer declares a loss, chip, crack, or any other damages on the Item that had not been described by the Expert or not visible on the Item’s photographs of the object; and losses, chips, cracks or damage that occurred post-Purchase, the Buyer shall have 48 hours to make a claim by contacting ALFIE BE at the following email address: atelier@yannarthusbertrandphoto.com.

After review and acceptance of the complaint in writing by ALFIE BE, the Buyer has 14 calendar days to return the Item. Return costs are the responsibility of ALFIE BE based on the published rates per Colissimo La Poste, and upon presentation of proof of shipment.

ALFIE BE will reimburse the Buyer within 30 calendar days of receiving the Item. This reimbursement shall be made by any means of payment except cash. ALFIE BE disclaims all liability in respect of a parcel returned without tracking from the buyer. No refund will be given if the item is not returned to ALFIE BE in full, sold condition, and packaged in the original material. No other refunds will be given on behalf of buyer except in the precise cases.

Claim based on an error of the Item’s identification

The expert’s description listed on the Website and invoice is the responsibility of ALFIE BE for a period of ten years from the delivery of the purchased Item. ALFIE BE will reimburse the Buyer the price of a purchased object if the error of the Item’s identification is proven.

12. INTELLECTUAL PROPERTY

1) Rights concerning the Works

The artist, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by French law. The rights of representation and of reproduction of the Works presented on the Website belong to their authors and/or to ALFIE BE. Their conjoint authorization is necessary for all exploitation of these rights.

The rights of the Customer to the purchased Work are therefore limited to a right to private use, excluding any right of representation and of reproduction.

2) Intellectual property right

All the items present on the Website and the Website in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By items, we understand the following non-exhaustive list: photographic works, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs…These items belong to their authors and/or ALFIE BE or are utilized with the permission of their owners.

Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral, by whatever procedure or on whatever medium that may be (paper, digital…) are strictly forbidden, without the prior written authorization of ALFIE BE, besides the exceptions provided by Article L 122.5 of the French intellectual property Code, subject to constitute a breach in the copyrights of the author and/or of designs and models and/or of trademark.

 

13. Insurance

ALFIE BE declares having contracted insurance covering professional liability. Article 5 of order no. 81-255 of 3 March 1981 on the suppression of fraud in the transaction of works of art and collector’s objects stipulates:

  • The name of a work or an object, where it is solely and immediately followed by reference to a historical period, century or era, guarantees to the buyer that this work or object was actually produced during the period in question. Where one or more parts of the work or object were produced subsequently, the purchaser must be so informed;
  • Unless it is accompanied by a specific reservation on authenticity, the statement that a work or object bears the signature or stamp of an artist involves a guarantee that the artist in question is actually the author.The same applies where the terms ‘by’ or ‘of’ are used followed by the author’s name. The same applies where the artist’s name is immediately followed by the name or title of the work;
  • in the description of a lot, the use of the term “attributed to” followed by the name of an artist guarantees that the work was executed during the period when said artist was working, and that well-founded presumptions point to this artist as the likely author;
  • In the description of a lot, the use of the term “workshop of” followed by an artist’s name guarantees that the work was produced in the workshop of the master artist cited or under his supervision. In the case of a family workshop that retains the same name over several generations, the indication of a workshop must be followed by a statement of the era;
  • In the description of a lot, the use of the term “school of” followed by the artist’s name entails the guarantee that the author of the work was a pupil of the master cited, is known to have been influenced by him or benefited from his technique. This term can only apply to a work executed while the artist was alive, or no more than fifty years after his death. When it refers to a specific place, the term “school of” guarantees that the work was executed during the existence of the artistic movement, the period of which must be indicated, by an artist who was part of this movement.
  • The expressions “in the style of”, “manner of”, “genre of”, “after” or “like” in no way guarantee the particular identity of the artist, the date of the work or its school;
  • Any facsimile, casting from a working mould, copy or other reproduction of a work of art or collector’s object must be designated as such.

 

14. Partial nullity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.

 

15. Intégrality of TCUS

These TCS are submitted to French law. Any difficulty relating to the interpretation and/or execution will be under the exclusive jurisdiction of the French Commercial Court.

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