Terms and Conditions of Sale
Presentation of the general conditions of sale
For the purposes hereof, the terms hereinafter defined, both singular and plural, shall have the following meanings:
- "Customer": refers to any natural or legal person who orders a product from RIVIERA FINE ART and/or the signatory of the order form and/or the beneficiary of the product and/or the natural or legal person who pays the deposit and/or the natural or legal person to whom the invoice is addressed. It being specified that, in the event that these natural or legal persons are different, each of them will be considered as the Client and will therefore be jointly and severally liable to RIVIERA FINE ART, in accordance with the provisions of articles 1302 and 1313 of the Civil Code.
- "Product": the products supplied by RIVIERA FINE ART, in execution of an Order.
- "Order" means the quote validated in accordance with the terms and conditions described in Article 3.
1.1 The order process is subject to the provisions of these terms and conditions, as supplemented by the specific conditions of the Service. They prevail over any conditions of purchase that may be opposed to them and express the entirety of the rights and obligations of the parties.
1.2 If any of the provisions hereof (in whole or in part) shall be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
1.3 The failure of the parties to exercise their rights hereunder shall in no event be construed as a waiver of such rights.
1.4. This document is written in French.
Prices are quoted in Euros, all taxes included, taking into account the VAT applicable on the day of the order. The prices displayed are valid in France and Monaco only; for any transaction outside these countries, please contact Riviera Fine Art beforehand by email at firstname.lastname@example.org. The prices of the quotations are firm during the validity period of the quotation except in case of creation of any new taxes or charges, or any modification of the current charges or taxes which would automatically lead to the readjustment of the prices. No dispute concerning the price could be taken into account later.
Within the framework of the estimates for creation of gold jewelry, the price is indicated as an information; the price of gold varying daily; the final price retained will be that in the days of the acceptance of the order by the payment of a deposit of 30%.
3.1 Request for Service
Requests are made in writing, by e-mail, internet, or telephone and are taken into account by a summary estimate transmitted by RIVIERA FINE ART. To place an order, the Customer must be at least 18 years old and legally capable of contracting. Any fraud that contravenes these General Terms and Conditions may result in RIVIERA FINE ART refusing access to products at any time.
The quotation is valid from its date of issue for a period of sixty (60) days subject to availability of seasonal products and subject to the confirmation deadlines specified in Article 3.3.
- This estimate may also include:
Delivery costs, which are specified to the Customer and which depend on the place of delivery. In the event that the Client uses carriers that are independent of RIVIERA FINE ART, the products/goods are transported at the Client's risk, and the Client is responsible for taking all necessary guarantees with respect to the carrier. RIVIERA FINE ART cannot be held responsible for any failure in this case.
- Eco-social participation
Once the elements of the estimate have been reviewed, the Client may validate the estimate in writing, either by signing it and marking it "Good Agreement" or by any other written agreement (return email, etc.), and return it to RIVIERA FINE ART. This estimate will then be considered a firm and definitive Order only upon receipt by RIVIERA FINE ART of a prepayment of 100% of the amount of the estimate, including taxes. It is specified that, prior to the final registration of the Order, the Client's account with RIVIERA FINE ART must be cleared. Should this not be the case, RIVIERA FINE ART reserves the right not to validate the Order.
The Customer may also place an order via the RIVIERA FINE ART online boutique accessible via the url https://rivierafineart.mc. In order to be validated, the customer must verify all the elements for each item in his/her shopping cart and must pay the total amount of the order by credit card. As specified during the ordering process, the client must also provide RIVIERA FINE ART with a valid ID for any art or jewelry order over 60€ as part of the anti-refund campaign according to article R321-3 of the French Penal Code. If this document is not provided within 14 days, the delivery will not take place and the order will be cancelled.
Billing and payment
4.1 Upon placing an order, RIVIERA FINE ART will invoice the Customer in advance of payment.
4.2 Payment can be made by credit card Amex, Visa, Mastercard, payment by internet link. When paying by credit card, the Customer agrees to use only the card he/she holds personally. In case of fraudulent use, the Provider cannot be held responsible. The Customer must indicate at each payment the number, the validity date and the cryptogram of his credit card. The remote payment by credit card is fully secured by SSL protocol and ensured by an organization specialized in secure online transactions. The transmission of banking data is done by secure link and directly on the website of the said organization. In any case, the unavailability of the electronic payment service can in no way exonerate the Customer from his obligation to pay the price of the chosen Services.
4.3 For a corrective order 48 hours before the delivery of the order, any delay in payment will entail, after sending a letter of formal notice, the invoicing of late payment interest excluding all taxes, equivalent to the application of a rate equal to the rate of the European Central Bank increased by 10 points. These penalties will be applied from the due date of the principal to the date of effective and total payment. A fixed indemnity of 40€ to compensate for collection costs will be due by right by all professionals in case of late payment (art. L441-5 of the commercial code). It is expressly understood by the Client that any complaint concerning an invoice must be made in writing and addressed to RIVIERA FINE ART no later than seven days after the date of issue of the invoice (by postal or electronic means). This complaint must include all elements likely to justify the request. The said complaint does not exonerate the Customer from his obligation to pay the full amount of the disputed invoice in accordance with the above conditions. Furthermore, if the collection costs incurred by RIVIERA FINE ART are higher than the above fixed compensation, particularly in the case of recourse to a firm in charge of reminders and formal notices, additional compensation may be required by RIVIERA FINE ART upon justification.
Conditions for cancellation or postponement of the order
It is understood by RIVIERA FINE ART and the Client that a postponement or cancellation of the Service entails the same rights to compensation described below.
5.1. By RIVIERA FINE ART
In the event of partial or total cancellation of the planned Service, caused by any event beyond the control of RIVIERA FINE ART, all sums received as deposits will be refunded to the Client. The Client will not be entitled to claim any expenses, indemnities or damages that may be claimed for this reason.
5.2. By the Customer
In the event that the Customer wishes to cancel a Service, he/she must inform RIVIERA FINE ART in writing at the e-mail address of the boutique concerned by the order, for all orders placed by telephone or internet or directly in the boutique. This cancellation cannot be made more than 48 hours before the date of the order. After this period, RIVIERA FINE ART will invoice the customer for 100% of the order price.
In the case of an order of creation (art, furniture or jewelry), it can neither be modified nor cancelled.
The parties reciprocally undertake to maintain the strictest confidentiality regarding all documents and information that may be brought to their attention in the context of the performance of the services.
The accessible elements, notably in the form of texts, photographs, images, icons, sounds, are also protected by intellectual and industrial property rights and other private rights. The Client may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of RIVIERA FINE ART's trademarks without its prior authorization. Any unauthorized use, in any capacity whatsoever, of all or part of the information may be subject to any appropriate action, in particular an action for infringement.
RIVIERA FINE ART is the owner of all intellectual property rights relating to the "RIVIERA FINE ART" brand. All works of art, representations or particularities of places, works of the mind, are protected as such by the provisions of books I and III of the Intellectual Property Code. Any reproduction is therefore strictly forbidden without the written consent of RIVIERA FINE ART.
In particular, it is forbidden to take photographs, make videos and sound recordings of the Service unless RIVIERA FINE ART has given its written consent. It is reminded that any violation of an author's rights is an offence punishable by the provisions of articles L.335-2 and following of the Intellectual Property Code.
Responsibilities - Insurance
In the event of non-performance of its contractual obligations, RIVIERA FINE ART will not be able to reimburse more than 100% of the service ordered. RIVIERA FINE ART declares that it is insured with a reputable company for its civil liability.
For its part, the Customer declares to be insured with a solvent company for its civil liability.
RIVIERA FINE ART or the Client reserves the right to cancel a service in the event of force majeure (fire, explosion, attack, natural disaster, flood, administrative constraints, etc.). In this case, the deposits paid will be reimbursed without the client being able to claim any additional compensation.
Right of withdrawal
In accordance with article L 221-18 of the French Consumer Code, the Customer can exercise his right of withdrawal for services and orders made on the online store or directly with Riviera Fine Art within 14 days. This period starts the day after the order is received. The return costs remain at the customer's charge. To exercise this right, the Customer must send a written request to Riviera Fine Art, either by email to email@example.com or by post to CHEZ THE OFFICE, 1 Rue de la Lüjerneta, 98000 MONACO.
It should be noted that the right of withdrawal does not apply to personalized orders (creation of furniture, design, jewelry and art).
The full refund will be made within 14 days of receipt of the withdrawal request except in case of non-return of the order to Riviera Fine Art within the 14 day period and/or in case of damage to the product being refunded or its accessories.
11.1 Operated treatments.
The personal data communicated by the Client is subject to computerized processing by RIVIERA FINE ART, in particular in the context of the execution and management of its contractual relationship with the Client, its legitimate interest in improving the quality and operational excellence of the services offered to these clients, or to comply with certain regulatory obligations. The processing of this data is carried out in compliance with the law n° 78-17 of January 6, 1978 in force and/or any other law or any other applicable community regulation (hereafter "Personal Data Legislation"). RIVIERA FINE ART processes, collects and retains only the personal data voluntarily transmitted by the Customer, such as last name, first name, date of birth, contact information, nationality, bank details, etc., in particular for the purposes of providing the Services ordered, managing its contractual relationship with the Customer, proposing offers for products and services offered by RIVIERA FINE ART and/or its partners, and compiling statistics. At the time of each order, the Customer will be asked to fill out a form, some of which, indicated by an asterisk, will be mandatory. In the absence of a response or if the information provided is erroneous, RIVIERA FINE ART will not be able to process the Customer's request. Other information is optional. The Client guarantees the truthfulness and accuracy of the information provided by him/her or any other third party using his/her data in the context of the present contract.
11.2 Recipient of Data.
Access to Clients' personal data is granted only to those persons and services that are authorized to have access to it for the purposes of the above-mentioned processing and/or insofar as such access is required by a legal or regulatory basis, unless you check the box expressly accepting to receive offers and information from RIVIERA FINE ART's partners. RIVIERA FINE ART may share the personal data of Customers with authorized suppliers to perform services on its behalf who may be located in other countries. Before doing so, RIVIERA FINE ART will take all necessary measures to ensure that the personal data of Clients is adequately protected as required by the Personal Data Legislation and its internal policies.
11.3 Shelf life.
RIVIERA FINE ART undertakes to keep and archive the Customer's personal data for a period not exceeding the time required for the purposes for which it is collected and processed and extended, where applicable, by the time required by the applicable legal or regulatory provisions.
11.4 Customer's rights.
In accordance with the Personal Data Legislation, the Customer has the right to access, rectify, delete, portability and omission of his personal data, as well as the right to limit the processing of his data and to oppose such processing on legitimate grounds. To exercise these rights, the Customer may contact us at firstname.lastname@example.org indicating his name, first name and the purpose of his request. We may ask the Customer for additional information in order to identify him/her and be able to process his/her request. The Customer also has the right to formulate specific or general directives concerning the conservation, deletion and communication of his or her post-mortem data. If he considers that his rights are not respected, the Customer has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés via the following link: www.cnil.fr .
However, we ask the Customer to address any request to us beforehand by contacting us at the address indicated above so that we can deal with the request and find an amicable solution. For any questions or comments concerning this article, the Customer can contact us at email@example.com.
RIVIERA FINE ART undertakes to guarantee the security and confidentiality of personal data communicated and transmitted by the Client in order to prevent them from being distorted, damaged or accessed by unauthorized third parties.
Receive notifications and newsletters
The Customer may, at any time and free of charge, ask us to stop receiving advertisements or prospecting by contacting us directly at firstname.lastname@example.org using the unsubscribe link included in any prospecting that we may send him by e-mail. This opposition is without prejudice to the legality of mailings made before its implementation. In accordance with article L.223-2 of the French Consumer Code, the User is informed of his right to register free of charge on the list of opposition to telephone solicitation.
It is expressly agreed that, except in the event of an obvious error established by the Client or by RIVIERA FINE ART, the information kept in the latter's information system has evidentiary force. Information on computer or electronic media kept by RIVIERA FINE ART constitutes evidence and, if it is produced as evidence in any litigation or other proceedings, it will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same evidential value as any document that would be established, received or kept in writing.
To be admissible, any claim concerning the Event must be made orally on the day of the Event and formalized in writing and sent to RIVIERA FINE ART no later than 2 days after the Event by electronic means at email@example.com or by mail to the following address RIVIERA FINE ART, THE OFFICE Les Flots Bleus - Bloc A 1 rue de la Lüjerneta 98000 MONACO.
- If no amicable agreement can be reached, the Customer may refer the matter free of charge to the consumer ombudsman to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional. The referral to the consumer mediator must be made:
or by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- Or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.
Applicable law - Dispute
This contract is governed by French law. It must be applied and interpreted in accordance with this law. In the event of a dispute, the Customer shall first contact RIVIERA FINE ART to find an amicable solution.
In the absence of an amicable solution, the case will be brought before the competent jurisdictions, it being specified that the time limits for legal action are not interrupted during the period of search for such an amicable solution.