TERMS AND CONDITIONS
This is an automatic translation of our French Terms and Conditions.
Please take this as a general guideline.
The general terms and conditions described below are intended to govern all contractual relations between: Urbanity (headquarters located 10 Quai de Serbie 69006 LYON - 804 086 320 RCS Lyon) hereinafter "We", and art purchasers or borrowers aged over 18 years and enjoying full legal capacity, hereinafter "You", ordering through the site urbanitygallery.com hereinafter the "Site". The Terms and Conditions shall apply without restriction or reservation to all sales of products included in the catalog published on the Site. These terms are presented in French, and then translated in English.
The order process through the Site constitutes your acceptance of Terms and conditions. For this purpose, You confirm acceptance of all Terms and conditions by ticking the box "I agree to the terms of service and will adhere to them unconditionally” during the validation of the order.
The Gallery reserves the right to modify at any time the Terms and conditions. These modifications will be applicable as soon as they appear online. On the website, all the essential characteristics of the artworks are presented so that You can appreciate the quality of the artists' work.
The Gallery remains attentive to your feedback, feel free to contact us by e-mail. To find out more about the legal notice, please refer to the page "Legal Notice" specifically dedicated to this purpose.
X 1. STEPS TO THE CONCLUSION OF THE ONLINE AGREEMENT X
You make your selection by browsing the pages of our Site. When You click on a work, the product page will appear and You can choose to do an acquisition or to borrow the work for a period of one month, by clicking on the "Acquire" or "Borrow" button of your choice. Your selection is added to your shopping cart when You click one of the buttons. At any time during your visit to our Site, You can confirm your order via your cart at the top right and clicking on ''Check out''.
1.2 CONTRACT CONCLUSION
When You click on ''Check out'', the selected products appear. You must check in this order form all transmitted information, including all relevant information on delivery (delivery address, phone numbers, door codes...). Then You must be aware of these Terms and conditions. If You accept them, You must check the ''I agree to the terms of service and will adhere to them unconditionally''.
To continue your order, You must choose your method of payment. A summary of your order appears, You must click "I confirm my order and proceed to the payment." An acknowledgment appears. It confirms the registration of your order.
1.3 TECHNICAL MEANS OF IDENTIFICATION AND CORRECTION OF ERRORS
At any time, You have the ability to identify and correct your mistakes when entering your data. When You see an error after the conclusion of the contract, You must contact us as soon as possible. We may modify your order before sending your package. However, We do not accept any responsability or liability for delivery errors due to incorrect data entry, and therefore We will not modify your order if the package has already being shipped. In this case, the return costs will be at your expense.
X 2. TERMS OF ARCHIVING AND ACCESS AGREEMENT X
We realize archiving of contracts, purchase orders and invoices on a reliable and durable support. You have a right of communication to these documents for orders with a value above or equal to 120 €.
X 3. STATUTORY AND CONTRACTUAL WARRANTIES X
3.1 STATUTORY WARRANTIES
In accordance with the legal provisions relating to the conformity of the contract for latent and hidden defects We will refund, repair or exchange any product purchased, and apparently defective, spoiled or damaged or does not correspond to your order. Refund will be paid within 14 days with the same method used for payment and shipping costs paid by You.
In the case of a unique work degradation during transportation, purchased on our Site, according to your demand and depending on the state of the work, We can also look for solutions to try to restore the piece with the artist collaboration and agreement. Tailor-made contracts will then be adapted to the circumstances established with a custom quoteorder.
You can also choose to change the product with another, or having a credit slip for a future order.
Warning: in the case of a purchase, upon receipt of your order, You must check the status of the work. If the package or its contents have been damaged in any way during delivery, You must reject it and note a reserve on the delivery note. You will then need to bring to our knowledge this reserve and the reasons for it, as soon as possible, that is to say, the same day of receipt of your order, or no later than the first business day following the receipt of the package, by sending an e-mail.
No claim may be admissible, if the delivery note has been signed.
All returns must always be sent back in in their original packaging and carefully packed. In such cases information on the reason for rejection the package, should be stated clearly on the invoice or delivery note. These clarifications do not question the benefit of legal guarantees, but allow to respect the work of artists.
We are responsible for the proper execution of these terms and conditions (defective products, non-delivery ...).
However, We will not be held responsible for any technical errors on the stock. The products are valid within the limit of available stock. Availability is provided on the product page, but errors or changes may occur, especially in the case of simultaneous orders on the same product by several customers. In case of unavailability after your order confirmation, We will notify You by e-mail as soon as possible, and will cancel the order. The refund will then be within a maximum of 30 days if your account has already been debited.
Moreover, the Gallery tries to present photographs illustrating the products that reflect reality as closely as possible, however, shades of color and rendering materials can vary with the lighting and the screen resolution, thereby the photographs are not contractual.
Our responsibility could not be committed due to a fortuitous event, a case of force majeure, the unpredictable and insurmountable act of a third party to the contract or due to the non-conformity of the product to foreign law in case of delivery to another country than France.
X 4. DELAYS, DELIVERY COSTS AND CONDITIONS OF ACQUISITIONS X
4.1 TERMS OF DELIVERY
After confirmation of Your order on the Site, We undertake to inform the carrier within 5 working days, unless out of stock product specified on the Site or in the case of a work that would be currently on loan. The carrier undertakes to deliver the order to the buyer's address. Products will be delivered to the address indicated in the order form. At the reception, the package is delivered directly to the address, or in case of absence, a notice will be left in the mailbox mentioning location and hours of availability to pick up the package, depending on the carrier.
4.2 DELIVERY TIMES
Delivery will be made at the latest within 30 days after the confirmation of your order, except for the following cases :
- You buy an artwork currently on loan, 30 additional days can be applied (Article 4.2 of the Terms and conditions), please consult the availability date that appears on the page of each product
- You are applying for a specific framework,
- You choose a non-immediate payment method (by transfer or check) your order will be processed and shipped upon receipt and cashing of the payment, which implies an additionnal time.
4.3 SHIPPING AND PACKAGING COSTS
The amount of shipping costs include postage and packaging costs. This amount is not included in the price of products and is automatically calculated. Depending on the options selected, the final amount of delivery costs will be added to your total order after confirmation of the delivery address.
We use the following carriers according to your geographical area of delivery. Deliveries are made by La Poste Colissimo for small and medium parcels in France and in some European countries, or DHL for all packages shipped to France and the rest of the world.
To ensure your satisfaction, We endeavour to inform You about the processing status of your order as often as You like.
About the delivery, You will receive a tracking number by e-mail as soon as the parcel will be given to the carrier. An e-mail is automatically sent to inform You about the shipment of the products provided that the e-mail address listed on the registration form contains no errors. You'll be able to know the state of progress of your parcel by connecting You to the carrier website.
To find out more about our shipping and packaging policy or any other matter, please consult the following page “Shipping and packaging” or feel free to contact us by e-mail.
X 5. TERMS OF DELIVERY (LOAN SERVICE) X
5.1 DELIVERY AREAS
The loan service is exclusively reserved for the following local area: Lyon (all districts) + Villeurbanne surrounding municipalities (in alphabetical order): Bron / Cailloux-sur-Fontaines / Caluire and Cook / Champagne au Mont d'Or / Charbonnières les Bains / Collonges au Mont d'Or / Couzon au Mont d'Or / Dardilly / Décines Charpieu / Ecully Feyzin / Fontaines Saint Martin / Fountains sur Saône / Francheville Irigny / La Mulatière / La Tour de Salvagny / Limonest / Marcy l'Etoile / Neuville-sur-Saône / Oullins / Pierre Benite / Rillieux the Pope Rochetaillée sur Saône / Saint Cyr au Mont d'Or / Saint Didier in Mont d'Or / Saint Fons / Saint Genis Laval / Saint Priest / Saint Romain au Mont d'Or / Sainte Foy les Lyon / Sathonay / Tassin la Demi Lune / Vaulx-en-Velin / Venissieux.
5.2 DELIVERY TIMES & MANDATORY HOME DELIVERY
After validation of your order, We will contact You by phone to arrange a schedule appointment at the start date of loan You have selected on the Site. The artwork will be entrusted to You exclusively on presentation of complete personal loan file; We will also develop a condition report to control the status of the piece. Any cancellation of an appointment within less than 7 days will require You to pay delivery costs.
5.3 DELIVERY CHARGES
Delivery costs of the loan service are set at 10 euros and include home delivery of your artworks (and establishment of a condition report) and the removal of your work back at the end of loan period (also giving rise to the establishment of a return condition report).
X 6. PRICES X
Our prices are in euros. They include your order processing fees. As a reminder, delivery and packaging charges are added to the price of products.
All orders shipped outside French territory may be subject to any local import taxes, customs duties that will be determined when the package reaches its country of destination.
The payment of these taxes are under your responsibility and We invite You to consult the appropriate authorities in your country. We also suggest to check the possibilities of import or use of the products that You order on our Site regarding the standards of the destination country.
X 7. PAYMENT TERMS X
You have several payment methods to make your purchase on the Site www.urbanitygallery.com.
7.1 PAYMENT BY CARD OR PAYPAL ACCOUNT
In your order summary, click on "Pay with your card or your PayPal account." Two alternatives: in case You have a paypal account, enter your username and PayPal password. You do not have a PayPal account and / or You do not want to create one, click "Pay without opening an account", You will be redirected to a secure payment page where You can enter your credit card details. Whether You choose to pay by credit card (without registration) or directly through your PayPal account, the transaction is completely secure. PayPal safeguards the purchaser's information by encrypting your card number so that no financial information is divulged.
7.2 PAYMENT BY BANK WIRE TRANSFER
In your order summary, select "Pay by bank wire". Bank details of the gallery will be displayed in step "Order Confirmation" and are also transmitted by e-mail, but You can find all information below. A confirmation e-mail will then be sent to You with your order reference and a reminder of bank details of the gallery. When sending your transfer, We thank You to indicate the reference of your order in the subject. Your order will be shipped upon receipt of the transfer.
BANK ACCOUNT DETAILS OF THE GALLERY :
BANK / 30003 - SORT CODE / 01204 - BANK ACCOUNT NUMBER / 00027001332 - KEY RIB / 53
INTERNATIONAL IBAN / FR76 3000 3012 0400 0270 0133 253 - BIC / SOGEFRPP
Bank address : SOCIÉTÉ GÉNÉRALE LYON MORAND - 13 COURS FRANKLIN ROOSEVELT 69006 LYON
WARNING ! The product will be reserved for 5 days. Failing receipt of the transfer during this period, the order will be canceled. Your order will be sent to You upon receipt of payment. An e-mail will inform You of the shipment.
7.3 PAYMENT BY CHECK (from a bank domiciled in France)
In the summary of the order, select "Pay by check". You will be redirected to the page "Order Summary", click on the submit button. Once on the order confirmation page, You can get your order number and the information needed to finalize your transaction (order of the check and mailing address). A confirmation e-mail summarizing all this information You will be sent. You must then send us your check and do not forget to mention the reference of your order on the check. Payment by check must be sent by post to the order of Urbanity within 5 days of the order to the following address : 10 Quai Serbie 69006 Lyon.
WARNING ! The work will be reserved for 5 days. After this period, the order will be canceled. Your order will be sent to You upon receipt of payment. An e-mail will inform You of the shipment.
7.4 PAYMENT WITH A CREDIT SLIP
The code of your credit will be directly accessible via your account by clicking "Urbanity special offers" and “My credit slips”. There You just have to do a new order by entering your code in the "Urbanity special Offers" field at the first step of your shopping cart entitled "Summary of your order." The amount of your credit will be automatically deducted from your order total.
X 8. TERMS OF EXERCISING THE RIGHT OF WITHDRAWAL X
In accordance to legal provisions, You can exercise your right of withdrawal within 14 days of receipt of your product. You do not have to give reasons or to pay any penalty. You have 14 days from the receipt of the order to warn the gallery of your return. The parcel must be returned in its original packaging to the address of the head office with all necessary precautions. You can choose a full refund of your purchase, exchange your order with a product of an equivalent amount or request a credit for a future order. If You Want a full refund, the package will be refunded within 14 days of receipt by the gallery after checking its status. The product price and shipping costs will be refunded.
The right of withdrawal may not be exercised for custom made products, according to the particular specifications of the consumer. Thus, the artworks created specifically for You will not be refunded.
In the event that You would exercised your right of withdrawal, We provide a form to facilitate your process. Download the form.
X 9. CONTRACT DURATION AND PRICE VALIDITY PERIOD X
The products remain the property of the artist until full payment is received by the gallery. Our price offers are valid only within the double limit of the validity period and availability. Our offers of goods and prices are valid if they are displayed on the Site on the day of the order.
X 10. APPLICABLE LAW & JURISDICTION X
The present conditions are subject to French law. In case of dispute on the substance or form, the French courts will have jurisdiction.
X 11. CONTACTS & CUSTOMER SERVICE X
If You want to get in touch with us, to ask for general information on the products and offers, place an order, track your order, request a right of withdrawal or specific guarantees, You can easily contact us by e-mail.
To track your order, You just have to check your customer account.
X 12. INTELLECTUAL PROPERTY X
French and international legislation on copyright and intellectual property apply to the entire Site. For more information about this clause, please refer to our “Legal notice” page.
X 13. PERSONAL INFORMATION X
We collect your personal information to manage your orders and trade relations. They can be passed on to our partners exclusively for the execution of your orders. Under the Data Protection Act of 6 January 1978, you have a right to access, rectify, modify and delete, to personal data about you. You simply have to write us online using the contact form or by e-mail (Urbanity - 10 Quai de Serbie 69006 LYON) including your full name, e-mail address, address and if possible your customer reference.