Terms of Use
PREAMBLE
The aforementioned Site and Services are operated by the company trading as GALERIE BLEU MAGENTA, registered with the Nanterre Trade and Companies Register under no. 921 0845 429 and with its registered office at 55 Avenue de Colmar, 92500 Rueil-Malmaison, France.
www.galeriebleumagenta.com is the online gallery of Galerie Bleu Magenta, a company specialising in the distance sale of antiques, antique art objects and decorative items from all origins, as well as works by contemporary creators.
These terms govern sales made by Galerie Bleu Magenta through its online showcase: www.galeriebleumagenta and through the Galerie Bleu Magenta gallery on the antique dealers' site http://www.proantic.com/galerie/galeriebleumagenta/ and on the 1stDibs site.
Any user of the sites who becomes a customer by making a purchase from Galerie Bleu Magenta expressly accepts the general terms of sale set out below. These terms apply to the exclusion of all other terms.
We reserve the right to update, modify or replace any part of these terms of use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the publication of any modification constitutes acceptance of those modifications.
Our shop 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
The products offered for sale on the site http://www.galeriebleumagenta.com and on the Galerie Bleu Magenta gallery on proantic.com and 1stdibs.com are second-hand, antique and unique objects, or unique contemporary works.
They have all been selected by Galerie Bleu Magenta, which provides the most faithful "object description" to the best of its knowledge, regarding: their origins, their authenticity and their condition.
We also place particular importance on creating images that represent the original object as faithfully as possible, with all its beauty, its details and wear, which also contribute to its rarity and market value.
The unique character of the Galerie Bleu Magenta selection implies that our customers accept to purchase our objects in their existing condition, with their traces of wear, restorations and any modifications.
Once these conditions are accepted, our products may not be exchanged or replaced.
TERMS OF SERVICE
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OVERVIEW
This website is operated by Galerie Bleu Magenta. Throughout the site, the terms "we", "our" and "us" refer to Galerie Bleu Magenta. Galerie Bleu Magenta offers this website, including all information, tools and services available on this site to you, the user, on condition that you accept all the terms, conditions, policies and notices set out herein.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, 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 accept all 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 feature or tool added to the current store will also be subject to the Terms of Service. You may consult the most recent 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 Use by publishing updates and/or modifications on our website. It is your responsibility to check regularly whether any modifications have been made to this page. Continued use of or access to the website after the publication of any modification constitutes acceptance of those modifications.
Our shop is hosted by Webflow. This company provides us with the online e-commerce platform that enables us to sell to you.
ARTICLE 1 - TERMS OF USE OF THE ONLINE SHOP
By accepting these Terms of Service, you declare that you are at least of 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 you have given us your consent to allow any minor dependant to use this site.
You may not use our products for any illegal or unauthorised 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 any virus or any code of a destructive nature.
Any infringement or violation of any of the terms will result in the immediate termination of your services.
ARTICLE 2 - GENERAL TERMS
We reserve the right to refuse service to anyone, for any reason and at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to comply with and adapt to the technical requirements of networks or connecting devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, the 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 shall not limit or affect these terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The content of this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the material on this site is at your own risk.
This site may contain certain historical information. Such historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor any changes to our site.
ARTICLE 4 - PRICES AND PAYMENT
Prices are shown in euros. VAT is not applicable.
Prices are not negotiable unless agreed in advance with Galerie Bleu Magenta.
Orders are payable to Galerie Bleu Magenta by bank card or Paypal. Bank card payments are handled by Stripe, which guarantees secure remote payments.
Galerie Bleu Magenta has no access to the banking details transmitted 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 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may be changed without notice.
We reserve the right to modify or discontinue the service (or any part or content of it) at any time without notice.
We shall not be liable to you or any third party for any modification, change of price, suspension or discontinuance of the service.
ARTICLE 6 - PRODUCTS OR SERVICES (where applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obliged, to limit the sale 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 descriptions of products or pricing 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 any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other items purchased or obtained by you will meet your expectations, nor that any errors in the service 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, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These 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 any modification or cancellation of an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time of the order.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, so that we may contact you when necessary.
For more details, please consult our return policy.
ARTICLE 8 - OPTIONAL TOOLS
We may give you access to third-party tools which we neither monitor nor have any control or influence over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features through the website (including the provision of new tools and resources). These new features and/or services shall also be subject to these Terms of Use.
ARTICLE 9 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include items 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 material or websites, or for any other materials, products or services of third parties.
We are not liable for any damages or harm relating to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites. Please carefully review the policies and practices of any third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions concerning 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 specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you transmit to us. We have and shall have no obligation (1) to maintain any comments in confidence, (2) to pay 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 to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes 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 further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for any comments posted by you or any third party.
ARTICLE 11 - PERSONAL INFORMATION
The submission of personal information through our online store is governed by our privacy policy. Please consult our privacy policy.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We are not obliged to update, amend or clarify the information contained in the service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
ARTICLE 13 - PROHIBITED USES
In addition to other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
ARTICLE 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that your 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 for indefinite periods or cancel it at any time without notice to you.
You expressly agree that your use 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 (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, 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 Magenta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from 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 error or omission 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) posted, transmitted or otherwise 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 maximum extent permitted by law.
ARTICLE 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Galerie Bleu Magenta and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party because of 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 is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these Terms of Service, without such determination affecting the validity and enforceability of all other remaining provisions.
ARTICLE 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and 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 in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision 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 of them).
ARTICLE 18 - ENTIRE AGREEMENT
The failure of us 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 in respect of 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 but not limited to any prior versions 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 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of the Hauts-de-Seine, Nanterre, France.
ARTICLE 20 - MODIFICATIONS TO THE TERMS OF SERVICE
You may 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 publishing updates and modifications on our website. It is your responsibility to check regularly for changes to our website. Continued use of or access to our website or the service after the publication of any changes to these Terms of Service constitutes acceptance of those modifications.
ARTICLE 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at the following address: Galerie Bleu Magenta, 55 Avenue de Colmar, 92500 Rueil-Malmaison, France.