TERMS AND CONDITIONS OF SALE
These Terms and Conditions are entered into between, on the one hand, the company THE STREET ARTISTRY, and on the other hand, a legally capable individual wishing to benefit from the services offered on the website https://thestreetartistry.com (hereinafter referred to as the “Site”).
ARTICLE 1 - SELLER IDENTIFICATION
THE STREET ARTISTRY, a sole proprietorship registered with the Paris Trade and Companies Register under number 987 473 642, with its registered office located at 6, rue d’Armaillé, 75017 Paris, France.
E-mail: contact@thestreetartistry.com
ARTICLE 2 - DEFINITIONS
The terms beginning with a capital letter in these Terms and Conditions have the meanings given below:
- Site: Refers to the website accessible at https://thestreetartistry.com.
- Client: Refers to the contracting party of THE STREET ARTISTRY, who guarantees having the legal capacity to make a purchase as defined by French law.
- THE STREET ARTISTRY: Refers to the company that operates and manages the Site.
- Terms and Conditions: Refers to these terms of use and sale, agreed upon between THE STREET ARTISTRY and the Client, which govern the use of the services offered by THE STREET ARTISTRY on the Site, including the use of the Site and the purchase of Products by Clients, and which are deemed accepted by both THE STREET ARTISTRY and the Client upon order confirmation.
- Products: Refers to the products offered for sale by THE STREET ARTISTRY to the Client upon order confirmation.
- Order: Refers to the purchase of Products made by the Client.
ARTICLE 3 - GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS
3.1 PURPOSE OF THE TERMS AND CONDITIONS
These Terms and Conditions govern all use of the Site.
They apply, without restriction or reservation, to all sales of Products on the Site and, together with the online order, constitute the binding contractual documents between the parties, excluding any other documents such as brochures, catalogs, or photographs of the Products, which are for informational purposes only.
Their purpose is to inform the Client about the terms of use of the Site, the conditions of sale for the Products available on the Site, and the rights and obligations of both the Client and THE STREET ARTISTRY.
3.2 AVAILABILITY
The Terms and Conditions are made available to the Client on the Site, where they can be directly accessed and consulted at any time at the bottom of the page.
The Terms and Conditions are binding on the Client, who acknowledges having read and accepted them by checking the designated box before placing an Order. The Client’s confirmation of an Order constitutes acceptance of the Terms and Conditions in effect on the date of the Order. The preservation and reproduction of these Terms and Conditions are ensured by THE STREET ARTISTRY, in accordance with Article 1127-2 of the French Civil Code.
3.3 MODIFICATION OF THE TERMS AND CONDITIONS
THE STREET ARTISTRY reserves the right to modify these Terms and Conditions at any time, in order to adapt them to changes in the services offered on the Site, comply with legal or case law developments, or make editorial and/or technical adjustments.
In the event of a modification, the applicable Terms and Conditions will be those in effect on the date of the Order, and a dated copy can be provided to the Client upon request.
ARTICLE 4 - ACCOUNT CREATION
The Client is not required to create a personal account to place an Order. They can purchase a product as a guest.
If an account is created, the Client’s username and password are strictly confidential and serve to protect their personal data. The Client agrees not to share these credentials with any third party and to store them securely. The Client is solely responsible in case of loss or unauthorized disclosure of their login credentials.
THE STREET ARTISTRY shall not be held liable for any fraudulent use of the Client’s account resulting from the Client’s negligence in storing and protecting their login details.
ARTICLE 5 - PRODUCTS
5.1 CHARACTERISTICS
The essential characteristics of the Products available for sale on the Site are presented on each Product’s dedicated page, in accordance with Article L.111-1 of the French Consumer Code. The Client is responsible for reviewing this information before placing an Order.
The unavailability of one or more Products, even if prolonged and without any time limitation, does not constitute harm to the Client and shall not entitle them to any compensation from THE STREET ARTISTRY or its publisher.
The photographs illustrating the Products are not contractual documents and do not engage the liability of THE STREET ARTISTRY. The Client must refer to the product description for accurate details.
THE STREET ARTISTRY takes the utmost care in presenting and describing its products to provide Clients with the best possible information. However, the Client acknowledges and accepts that minor, non-substantial errors may appear on the Site.
5.2 COMPLIANCE
The Products comply with the regulations in force concerning personal safety, fair commercial transactions, and consumer protection at the time they are placed on the market.
In the event that a delivered Product does not conform to its description on the Site, the Client may either exercise their right of withdrawal or invoke THE STREET ARTISTRY’s conformity guarantee, which will result in either an exchange or a full or partial refund of the purchase price.
5.3 STOCK AVAILABILITY
Products offered on the Site are available for purchase and delivery while supplies last. If a Product is unavailable, THE STREET ARTISTRY will promptly inform the Client and may offer a Product of equivalent quality and price or, failing that, a store credit for the value of the Order, which can be used for a future purchase.
If the Client does not accept these alternatives, THE STREET ARTISTRY will proceed with a refund of the amount paid.
5.4 CERTIFICATE OF AUTHENTICITY
As a resale platform, we act as an intermediary between the artist and the Client, sourcing directly from artists, galleries, exhibitions, and renowned Street Art fairs. This approach ensures the authenticity of the artworks offered on the Site. However, it is at the discretion of the artist to provide a certificate of authenticity. While original artworks and some limited editions typically include a certificate, other works and Products may not.
We commit to delivering the Certificate of Authenticity to the Client no later than upon delivery of the artwork if it is in physical format, or within 48 hours following the purchase if it is in digital format, in accordance with the Product description.
We disclaim any liability for the absence of a Certificate of Authenticity, particularly if it is not mentioned in the product description, as it may not have been originally issued by the artist or gallery.
ARTICLE 6 - PRICING
6.1 SALE PRICE
The sale prices of the Products listed in the online catalog are displayed in euros (€), inclusive of all taxes, but excluding shipping and delivery fees. These additional costs are specified before the Order is confirmed and are charged separately.
The total amount due by the Client is indicated on the Order confirmation page.
The sale price of a Product is the price applicable on the date of the Order.
In the case of promotional pricing, THE STREET ARTISTRY commits to applying the promotional price to any Order placed during the advertised promotional period.
6.2 CUSTOMS DUTIES AND IMPORT TAXES
For Orders shipped outside the European Union, the Client is considered the importer of the Product(s). Any customs duties, local taxes, import fees, or government taxes may be applicable. These charges are not under the responsibility of THE STREET ARTISTRY.
The Client is solely responsible for any applicable customs declarations and payments to the relevant authorities in their country.
ARTICLE 7 - ORDER PROCESS
7.1 CONTRACT FORMATION STEPS
To place an Order, the Client must declare that they are at least 18 years old and have legal capacity or parental authorization to make a purchase on the Site. THE STREET ARTISTRY reserves the right to request proof of such authorization at any time.
To proceed with an Order, the Client must first add their selected Products and desired quantities to their virtual shopping cart. They then click the “Order” button and provide the necessary delivery and payment details.
Before clicking the “Confirm Order” button, the Client can review the Order details and total price, with the option to return to previous pages to make corrections if needed.
The purchase of a Product is only finalized once full payment has been successfully processed. Due to limited stock availability, adding a Product to the shopping cart does not guarantee its availability.
The Order confirmation constitutes full and unconditional acceptance of these General Terms and Conditions of Sale by the Client. This confirmation formalizes the contract. THE STREET ARTISTRY will send the Client an order confirmation email summarizing the details of the purchase (Products, quantities, prices) as soon as possible.
The Client expressly accepts email as the means of receiving Order confirmation and acknowledges full understanding of this process.
7.2 ORDER MODIFICATION
Any modification of an Order by the Client after its confirmation and payment is subject to approval by THE STREET ARTISTRY.
THE STREET ARTISTRY reserves the right to make technical modifications to the ordered Product in accordance with Article R.212-4 of the French Consumer Code.
7.3 ORDER VALIDATION
THE STREET ARTISTRY reserves the right to refuse any Order for legitimate reasons, particularly if the quantities ordered are unusually high for a consumer purchase.
7.4 ORDER CANCELLATION
The Client may cancel an Order by sending a registered letter with acknowledgment of receipt or by using another durable written format in the following cases:
- If the delivered Product does not conform to the declared characteristics.
- If the delivery date exceeds the deadline specified in the Order confirmation or, if not stated, exceeds thirty (30) days following the contract’s conclusion, provided that THE STREET ARTISTRY has been formally requested to fulfill the delivery within a reasonable additional time and has failed to do so.
THE STREET ARTISTRY may cancel an Order in the following cases:
- If the Client refuses to accept the delivery.
- In the event of non-payment.
ARTICLE 8 - PAYMENT
The full price is due immediately upon Order confirmation.
Purchases are to be paid by VISA, Mastercard, American Express via the secure payment service provided by Stripe, or via PayPal, by filling in the required fields accordingly.
THE STREET ARTISTRY reserves the right to cancel any Order and its delivery in case of non-payment by the Client.
ARTICLE 9 - DELIVERY
Delivery refers to the transfer of physical possession or control of the Product to the Client.
9.1 DELIVERY TIME
The delivery period begins once the Order has been confirmed and the payment has been fully processed and received. The delivery time shall not exceed 30 business days from the Order confirmation date.
9.2 DELIVERY DELAY
If the Product is not delivered within 30 business days from the Order confirmation, the Client may, after formally requesting delivery within a reasonable additional period and receiving no response, terminate the contract via registered mail with acknowledgment of receipt, sent to the address indicated in these Terms and Conditions.
THE STREET ARTISTRY cannot be held liable for delivery delays due to force majeure, strikes, or any other event disrupting the transportation of goods or people.
9.3 DELIVERY ADDRESS
Products are delivered to the address provided by the Client during the ordering process. The Client must ensure that all required personal details are accurate and complete.
If an error in the delivery address prevents the shipment, THE STREET ARTISTRY will not be held responsible for the failure to deliver the Product.
THE STREET ARTISTRY reserves the right to cancel any Order if the Client’s IP address is registered in a country different from the billing and/or shipping address.
9.4 DELIVERY METHOD
Delivery is completed either by direct handover of the Product to the Client or by sending a pickup notification if the Client is unavailable.
If a Product remains uncollected within 15 days following the pickup notification, and if a formal reminder remains unanswered, THE STREET ARTISTRY reserves the right to cancel the Order and retain the payment as compensation.
For home deliveries, the Client must inspect the package upon receipt in the presence of the carrier. If the package is damaged or items are missing, the Client must:
- Immediately note any issues on the delivery slip or transport receipt.
- Potentially refuse the package and notify THE STREET ARTISTRY.
A confirmation email is sent once the Order has been shipped. All shipments are insured.
For any inquiries regarding shipping, please contact contact@thestreetartistry.com.
9.5 PRODUCT COMPLIANCE
If the delivered Product does not match the Order, the Client must submit a claim to THE STREET ARTISTRY to request a replacement or, if necessary, contract cancellation.
9.6 FAILURE TO DELIVER
A total failure to deliver will result in the automatic termination of the sales contract.
9.7 TRANSFER OF RISK & OWNERSHIP
- Risk transfer: The risk of loss or damage to the Product is transferred to the Client upon physical receipt of the item by them or a designated third party.
- Ownership transfer: Ownership of the Product is transferred to the Client only after full payment, regardless of the delivery date.
If a package arrives visibly damaged, the Client must refuse delivery to benefit from the carrier’s guarantee.
THE STREET ARTISTRY is not responsible for delivery delays, damages, or losses caused by the carrier.
If a package is damaged, opened, or missing items, the Client must notify both the carrier and THE STREET ARTISTRY within 24 hours of receipt. A replacement package will be dispatched once the damaged package is returned.
ARTICLE 10 - LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
Products sold on the website benefit from:
- The legal warranty of conformity, ensuring that the Product delivered matches the Order.
- The legal warranty against hidden defects, protecting the Client from defects that were not detectable at the time of purchase but significantly affect the Product’s usability.
THE STREET ARTISTRY is responsible for ensuring the Product’s conformity and for any packaging-related defects if it was in charge of the packaging.
ARTICLE 11 - RIGHT OF WITHDRAWAL
In compliance with applicable laws, the Client has 14 days from the date of delivery to exercise their right of withdrawal, without needing to provide justification or pay penalties. However, this is subject to the return of the Products in perfect condition and in their original packaging, allowing them to be resold.
Exceptions:
The right of withdrawal does not apply to custom-made or personalized Products, where production involves specific technical and aesthetic adaptations.
To exercise the right of withdrawal, the Client must send an explicit return request to THE STREET ARTISTRY.
- The Client must return the Products at their own expense within 14 days following the withdrawal declaration.
- Damaged, incomplete, or deteriorated Products will not be refunded.
- The Client will be refunded within 30 days from the date the withdrawal request is validly received, upon receipt of the returned Products.
ARTICLE 12 - LIABILITY
12.1 LIMITATION OF LIABILITY
THE STREET ARTISTRY cannot be held liable for failure to perform or improper execution of the contract if it is due to:
- The Client’s own actions,
- Unforeseeable and insurmountable actions by a third party,
- A force majeure event (e.g., natural disasters, strikes).
12.2 PRODUCT SAFETY DEFECTS
If a Product’s defect causes harm, the Client must pursue a claim against the manufacturer, identifiable by the information on the Product’s packaging.
12.3 WEBSITE ACCESS & USAGE
The website is available 24/7, except during force majeure events or maintenance periods determined by THE STREET ARTISTRY.
- If technical issues make the site temporarily inaccessible, THE STREET ARTISTRY will take reasonable steps to restore access but cannot be held liable for any damages or compensation claims.
- The Client is solely responsible for ensuring their computer, tablet, or phone functions properly to access the site.
- THE STREET ARTISTRY is not liable for technical issues related to the Client’s own equipment.
- Any costs incurred (internet fees, device purchases, etc.) are the Client’s responsibility.
- Hyperlinks on the website may lead to external sites, and THE STREET ARTISTRY is not responsible for their content or any harm caused by visiting them.
ARTICLE 13 - TERMINATION CLAUSE
If an Order is canceled under the terms outlined in these General Terms & Conditions, the termination will take effect automatically upon written notice via:
- Registered letter with acknowledgment of receipt, or
- Email.
No legal proceedings are required for the termination to take effect.
ARTICLE 14 - INTELLECTUAL PROPERTY
All visual elements (texts, images, user interface, graphic design), audio content, software, and databases reproduced on this website are the exclusive property of THE STREET ARTISTRY and are protected by intellectual property rights.
Any reproduction, representation, or distribution of these elements without prior written authorization from THE STREET ARTISTRY is strictly prohibited and may lead to legal action.
THE STREET ARTISTRY reserves the right to initiate legal proceedings in cases of counterfeiting, unfair competition, parasitism, or any other act that infringes upon its rights.
ARTICLE 15 - PERSONAL DATA
All information regarding the collection and processing of the Client’s personal data is detailed in the Privacy Policy, accessible at the bottom of the website.
ARTICLE 16 - MEDIATION
16.1 PRIOR CLAIM
In case of a dispute, THE STREET ARTISTRY and the Client will attempt to resolve the matter amicably, exchanging all necessary information.
The Client may submit a claim to THE STREET ARTISTRY:
- By email: contact@thestreetartistry.com
- By postal mail:
THE STREET ARTISTRY
6, rue d’Armaillé
75017 Paris, France
16.2 MEDIATION REQUEST
If the Client’s claim is unsuccessful or remains unanswered for two months, they may refer the dispute to an independent mediator, who will attempt to find an amicable solution.
- The parties remain free to accept or refuse mediation.
- If mediation is accepted, they may also accept or reject the proposed solution.
ARTICLE 17 - COMPETENT JURISDICTION
Any dispute concerning the formation, interpretation, or execution of these General Terms & Conditions that cannot be resolved amicably will be subject to the jurisdiction of French courts.
ARTICLE 18 - APPLICABLE LAW & LANGUAGE
These General Terms & Conditions and all resulting transactions are governed by French law.
They are drafted in French. If translated into other languages, only the French version shall prevail in case of dispute.
ARTICLE 19 - DATA PROTECTION LAW (INFORMATIQUE ET LIBERTÉS)
Personal data collected by THE STREET ARTISTRY when processing an order is essential for managing the transaction and may be shared with service providers involved in order fulfillment.
The Client is informed that this data may also be collected by an entity responsible for fraud prevention and payment security.
In accordance with Law No. 78-17 of January 6, 1978 (Informatique et Libertés), the Client has the right to access, rectify, oppose, or request deletion of their personal data.
To exercise these rights, write to contact@thestreetartistry.com
THE STREET ARTISTRY commits to not sharing personal data with third parties without the Client’s consent, except when required by legal authorities.
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