Terms and conditions of use
PREAMBLE
The Site and the above-mentioned Services are operated by the company whose trade name is GALERIE BLEU MAGENTA, registered in the Nanterre Trade and Companies Register under number 921 0845 429 and whose registered office is located at 55 Avenue de Colmar, 92500 Rueil-Malmaison, France.
www.galeriebleumagenta.com is the shopping mall of Galerie Bleu Magenta, a company specializing in the mail-order sale of antiques, antique art and decorative objects from all over the world, as well as works by contemporary designers.
The present conditions govern the sales made by Galerie Bleu Magenta via its internet shop window: www.galeriebleumagenta and on the Galerie Bleu Magenta gallery of the http://www.proantic.com/galerie/galeriebleumagenta/ antique dealers website and the 1stDibs website.
Any user of the sites who becomes a customer by making a purchase from Galerie Bleu Magenta expressly accepts the following terms and conditions of sale. These conditions apply to the exclusion of all other conditions.
We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our Web site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Web site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Webflow. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
PRODUCTS
Products for sale on the site http://www.galeriebleumagenta.com and on the Galerie Bleu Magenta gallery on the proantic.com and 1stdibs.com websites are second-hand, antique and unique objects, or one-of-a-kind contemporary works.
They have all been selected by Galerie Bleu Magenta, which provides the most accurate "object description" to the best of its knowledge, concerning: their origins, authenticity and state of preservation.
We also attach particular importance to creating visuals that represent the original object as faithfully as possible, with all its beauty, details and wear, making it both rare and valuable.
The unique character of Galerie Bleu Magenta 's selection means that our customers agree to purchase our objects in their original condition, with all traces of wear, restoration and alteration.
Once these conditions have been accepted, our products cannot be exchanged or replaced.
CONDITIONS OF SERVICE
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OVERVIEW
This website is operated by Galerie Bleu Magenta. Throughout the site, the terms "we", "us" and "our" refer to Galerie Bleu Magenta. Galerie Bleu Magenta offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced here and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.
Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use the services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools added to the current store will also be subject to the terms of service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these terms of service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Webflow. This company provides us with the online e-commerce platform that enables us to sell to you.
ARTICLE 1 - CONDITIONS OF USE OF THE ONLINE STORE
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor dependent of yours to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in the use of the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit viruses or code of a destructive nature.
Any breach or violation of any of the terms will result in immediate termination of your services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over different networks; and (b) modifications to conform and adapt to technical requirements of networks or connecting devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this Agreement are for convenience only and are not intended to limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for any decision without consulting primary, more accurate, complete or timely sources of information. Any use of materials on this site is at your own risk.
This site may contain certain historical information. This historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - PRICE AND PAYMENT
Prices are given in euros. VAT is not applicable.
Prices are non-negotiable unless agreed in advance with Galerie Bleu Magenta.
Orders must be paid to Galerie Bleu Magenta by credit card or Paypal. Credit card payments are handled by Stripe, which guarantees secure remote payments.
Galerie Bleu Magenta has no access to bank details sent by the customer to Stripe or Paypal.
No reservation will be made without prior agreement with Galerie Bleu Magenta and payment of at least half of the total amount of the order. Delivery or shipment will only be made once full payment has been received.
ARTICLE 5 - CHANGES IN SERVICE AND PRICES
Prices are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
ARTICLE 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online on the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the colors displayed on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of products, services, information or other items purchased or obtained by you will meet your expectations, or that service errors will be corrected.
ARTICLE 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of an order modification or cancellation, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time of ordering.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address, so that we may contact you if necessary.
For more details, please consult our return policy.
ARTICLE 8 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement. We assume no liability arising from or related to your use of any third-party optional tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features through the website (including the provision of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
ARTICLE 9 - LINKS WITH THIRD PARTIES
Certain content, products and services available via our Service may include elements from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party materials or web sites, or any other third party materials, products or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please review the policies and practices of third parties carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
ARTICLE 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions or if, without our having asked you to do so, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and use in any way, in any media, the Comments you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Use.
You agree that your comments will not violate any rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain any defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Service or any related web site. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or others as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for comments posted by you or third parties.
ARTICLE 11 - PERSONAL INFORMATION
Sending personal information through our online store is governed by our privacy policy. See our privacy policy.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without notice (including after you submit your order).
We are under no obligation to update, modify or clarify any information contained in the service or on any related website, including but not limited to pricing information, except as required by law. No update or refresh date specified in the service or on any related website shall be deemed to indicate that any information contained in the service or on any related website has been modified or updated.
ARTICLE 13 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or national regulations, rules, laws or local ordinances; (e) harass, abuse, insult, harm, defame, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) collect or track the personal information of others (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scrapping purposes; (j) for obscene or immoral purposes; or (k) for purposes of interfering with or circumventing the security features of the service or any related web site, other web sites or the Internet. We reserve the right to terminate your use of the service or any related web site if you violate any of the prohibited uses.
ARTICLE 14 - EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant that use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time withdraw the Service indefinitely or cancel it at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Galerie Bleu Magenat, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) displayed, transmitted or made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by law.
ARTICLE 15 - COMPENSATION
You agree to indemnify, defend and hold harmless Galerie Bleu Magenat and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 16 - SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed deleted from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.
ARTICLE 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These terms of service are valid until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If we believe that you are in breach of, or suspect that you have breached, any of the terms or provisions of these Terms of Service, we may also terminate this Agreement at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).
ARTICLE 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these terms of service shall not be construed against the drafting party.
ARTICLE 19 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Hauts-de-Seine, Nanterre, France.
ARTICLE 20 - CHANGES TO CONDITIONS OF SERVICE
You can consult the most recent version of the terms of service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
ARTICLE 21 - CONTACT INFORMATION
Questions about the terms of service should be addressed to us at the following address: Galerie Bleu Magenta, 55 Avenue de Colmar, 92500 Rueil-Malmaison, France.