General Terms and Conditions 

Preface

These General Terms and Conditions (hereinafter "Terms") apply in conjunction with the Buyer Terms and the Vendor Terms, regarding the Buyers and the Vendors respectively.

The Terms apply to all sales of Products made through the Service between the Vendor and the Buyer. They are intended to govern the relationship between the Vendors and the Buyers of Products, excluding those established between the Buyers and CHANTAGE or between the Vendors and CHANTAGE. The relationships between the Buyers and CHANTAGE are governed by the Buyer Terms. The relationships between the Vendors and CHANTAGE are governed by the Vendor Terms. Both Professional Vendors and Individual Vendors are authorized to sell on CHANTAGE.net. Professional Vendors must provide information justifying their professional activity and agree to comply with the applicable legislation regarding the exercise of a commercial activity (in particular, registration, accounting, social and tax obligations). The supporting documents that will be requested for Private Vendors in case of a sale are: (i) a photocopy of a valid identity card front and back or a valid passport (ii) a bank statement.

CHANTAGE is not the vendor of Products purchased through the Service; only the Vendor, whose name is indicated on the description of each Product, is the contractual party to the Buyer for the purchase of those Products. Products may not be returned to or exchanged by CHANTAGE.

 

1- Conclusion of the sales contract between the Buyer and the Vendor

1) The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.

2) The Buyer selects the Artwork(s) he wishes to purchase.

3) He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card or bank transfer to CHANTAGE's account. If he chooses to pay by credit card, he immediately proceeds to payment. If he chooses to pay by bank transfer, he processes the transaction as soon as possible so that payment is actually received in CHANTAGE's bank account within 5 business days.

4) The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and the Vendor should be subject to the condition that the Product is available and the transfer has been received if the Buyer has chosen this method of payment.

5) The Vendor is informed by CHANTAGE each time an Artwork he posted was subject of an order.

 6) The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information referred to in paragraph 5). In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.

7) Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by CHANTAGE to the Buyer to inform him.

8) In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; the Vendor agrees to deliver the Products or make them available at the point of sale within the period specified once CHANTAGE confirms receipt of payment. In the absence of confirmation of availability of the Product(s) within the period referred to in point 6), or non-receipt of payment by CHANTAGE within 5 business days from the date of order, the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged. However, only the contract for the sale of unavailable Products falls within this resolution.

9) In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by CHANTAGE if the Buyer chose this method of payment, the Products are shipped by the Vendor or picked up by the Buyer in the manner laid down in Article 4.

2- Price and payment 

The purchase price of the Product is determined by the Vendor. It is stated in CHF on the description, incl. tax, but excluding shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible for checking with the relevant authorities.

Payment of purchases made through the Service may be made by credit card to CHANTAGE who collects the corresponding amount on behalf of the Vendor and for his account.

The Buyer will be charged the price for the Product purchased plus delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by the Vendor, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.

Payment for purchases made through the Service may also be made by bank transfer into CHANTAGE's account. The transfer must be made within 5 business days from the date of order.

 2.1 Import taxes and customs fees

The selling price indicated on the CHANTAGE.net site does not include the possible customs charges which can be imposed by the customs authorities of certain countries. If customs duties, local taxes or import duties are due, these duties are the responsibility of the Buyer and are entirely his own, both in terms of declarations and payments to the competent authorities and organizations.

The Vendor undertakes to deliver the ordered product as soon as possible, subject to the payment of the customs fees by the Buyer.

In the event of non-payment of customs fees by the Buyer, the Vendor shall not be held responsible for the non-delivery of the product or for any delay in delivery.

The Vendor shall not be liable for the consequences of Buyer’s failure to pay customs duties.

These costs are the responsibility of the Buyer and can in no case be considered as a reason for complaint or return of the product.

3- Security of payments 

CHANTAGE has chosen powerful and strict tools in terms of securing payment methods.

CHANTAGE has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer's bank details will be requested for each new order.

Although CHANTAGE uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. CHANTAGE cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.

4- Shipping methods and fees 

4.1 Shipping from the Vendor to the Buyer's home

The Buyer has the option to have the Artwork delivered to his home by indicating so when placing his order. The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, the Vendor, provided that he has confirmed the availability of the Artwork and that CHANTAGE has notified him of the receipt of payment, is in charge of packing the Artwork and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.

Depending on the Buyer's delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from a Partner Gallery outside of his territory, he may need to pay import duties upon receipt of the products. Neither we nor the Partner Galleries have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.

The Vendor agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork's form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 7 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to CHANTAGE for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.

The Vendor agrees to provide CHANTAGE, who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier's website, provided that the carrier offers a package tracking service.

In that case Products are transported at the Vendor's risk.

4.2 Withdrawal by the Buyer from the Vendor’s point of sale

The Buyer may also pick up the Artwork(s) ordered on the Site directly at the Vendor's outlet.

The Buyer indicates, for each Artwork, the delivery method (Home delivery or Pick-up by the buyer) he chooses while confirming his order on the Site.

In the event of a withdrawal from the Vendor's point of sale, the Buyer will not be required to pay the shipping costs.

Once the Buyer has placed his order, provided that the Artwork is available and that CHANTAGE confirmed the good reception of payment if the Buyer has chosen this method of payment, the Vendor makes the Artwork ordered available to the Buyer within a period specified in the sales Ad and indicated in the details of the Artwork.

The Vendor shall specify in his account when the Artwork is available to the Buyer at the outlet. The Buyer will then receive an email notice from CHANTAGE.

The Buyer has 15 days from receipt of the aforementioned email to collect the Artwork at the address specified by the Vendor.

The Vendor, provided only that CHANTAGE has confirmed receipt of the full payment, will deliver the Artwork, the invoice and certificate of authenticity to the Buyer after verifying the identity of the latter.

5- Right of cancellation

In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor, the Buyer 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.

The Buyer exercises his right of withdrawal directly to CHANTAGE by sending an email to the address info@chantage.net. CHANTAGE will then notify the Vendor by sending an email. CHANTAGE will manage the return of the work but the Vendor undertakes to assist CHANTAGE in organizing the return if necessary. CHANTAGE will bear the cost of returns (which will either be paid by the Buyer and refunded by CHANTAGE or directly paid by CHANTAGE).

CHANTAGE will also reimburse the Buyer for the price of the Work as well as the shipping costs.

The refunds of CHANTAGE to the Buyer are made once the Vendor has notified CHANTAGE of the good reception of the work.

The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).

6- Litigation – Disputes

Vendor undertakes to deliver a quality service to Buyers.

In this regard, any Buyer has the ability to report, by emailing CHANTAGE at the address info@chantage.net.com, within 14 days from the receipt of any Artwork, any claim concerning the Artworks ordered, following the hereafter criteria:

• Product not received: the Product has not been received by the Buyer

• 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 from a Buyer regarding an Artwork, once the Vendor is informed of the said claim by email to CHANTAGE, the Vendor will be personally responsible for the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.

Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by CHANTAGE or only in the reimbursement, total or partial, of the Buyer.

In the event of the return of the Artwork by the Buyer, the Vendor will be responsible for organizing the return of the Work and for taking all the costs to be borne by it.

In this case the price of the Product(s) purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by CHANTAGE once the Vendor has notified CHANTAGE of the receipt of the Artwork.

The Vendor will have to pay the commission to CHANTAGE (see article 5).

7- Privacy Policy 

As a complement to Article 6 of the Buyer Terms and Article 8 of the Vendor Terms, the Buyer and Vendor are advised that all data collected through the Service when placing orders is processed by CHANTAGE for processing purposes of the orders.

The Buyer's information and data relating to the delivery are transmitted by CHANTAGE to the Vendors for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes.

The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.

In case of difficulty regarding the processing of those data, the Buyer and the Vendor may contact CHANTAGE directly, under the conditions set in the Buyer Terms or in the Vendor Terms.

8- 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.

9- Applicable law 

These terms of use are subject to Swiss law. Any dispute concerning their interpretation and/or execution shall be relieved by the Swiss courts.