1 – Introduction
These conditions of sale are concluded between the registered company in Hong Kong under the number “55472420” referred as “The Gallery” and by any person or entity referred as “The Client” willing to buy a product via our “Website” www.lepiceriefinehk.com.
2 – Facts
2.1 – These terms and conditions hereby define the contractual relationship between The Gallery and The Client to specify the conditions applicable to all purchases made through the Website;
2.2 – The Client is defined as a person buying artworks or services owned/from The Gallery and having a functional e-mail address, phone number or mailing address. It is an individual or representative of a legal person, or a company representative;
2.3 – The purchase of an artwork or service from The Gallery implies unreserved acceptance by The Client of these terms of sale;
2.4 – The Gallery reserves the right to modify these terms and conditions of sale at any time, without notice or justification. In this case, the conditions will be those in force at the date of the order by The Client;
2.5 – The Client declares having read the following before ordering. By entering into a contract of sale, The Client irrevocably accepts these terms and conditions; any contrary condition opposed by The Client will be so in the absence of express acceptance;
2.6 – The fact that the Gallery does not prevail at a given moment of any of these general conditions of sale cannot be interpreted as a renunciations of any subsequent of said conditions;
3 – Order validation
3.1 – The order confirmation
The Client places an order directly on the website or by contacting The Gallery via email, phone or on the Website. This confirmation will be made with a reply by The Gallery and must be accompanied by payment of the order. Payment must be made within seven (7) business days after the order validation. The order will be processed upon receipt of payment. In default of payment within the prescribed period (7 days) the order will not be considered and work will be for resale without the delivery to take place. The Gallery confirms receipt of your order by sending an email;
3.2 – An order invoice is validate for The Client, a proof order will be sent to the Client. The Client will take possession of the order summary via email. The order is considered firm as from the possession, by The Gallery to The Client, the invoice date is the contract of sale. For establishing useful evidence, The Gallery will retain the full details of The Client as well as the email address that has enabled him to order.
4 – Prices
4.1 – The Gallery prices of the artworks are in Hong Kong Dollars, excluding the international shipping. When ordering from a country other than Hong Kong, you are the importer of the artworks. For all artworks shipped outside Hong Kong, customs duties or other local taxes or import duties or state taxes may be due. They will be at The Client expense and your entire responsibility in terms of returns and payments to the authorities and agencies in your country. We advise you to check about these issues with your local authorities;
4.2 – The Gallery reserves the right to modify its prices at any time, but is committed to applying the current rates that were displayed at the time of ordering;
5 – Payment
5.1 – Payment of The Client purchases are to be in Hong Kong Dollars: – either by cheque, bank transfer or in cash;
5.2 – For payment by bank transfer, The Client will pay directly on the website or The Gallery will send its full bank details to The Client by email or in hand.
6 – Delivery and Claim
6.1 – Terms and delivery times. The customer can withdraw directly from The Gallery on appointment;
6.2 – Delivery:
Delivery in Hong Kong will be made at The Gallery expenses, packed and protected and delivered in hand by a staff from The Gallery.
Delivery outside Hong Kong will be made with Air Courrier Companies such as DHL, UPS or FEDEX. All sent artworks will be insured. It usually takes one (1) to two (2) weeks to have the artwork delivered to The Client.
6.3 – Claims due to damage
If any artwork is damaged on the arrival, The Client will have to send proof by pictures and email the Gallery. He should also check up the artwork when received by the Air Courrier Company. As the artwork i insured, The Gallery will take care of the details for returning it to its location and The Client will be reimbursed by The Gallery within ten (10) days from the claim.
7 – Personal information
The information requested from the contact form will be strictly kept by The Gallery and not used for commercials or third parties.
8 – Intellectual property
Rights on the work. The artist for taking the initiative of its creation, remains the owner of copyright on its creation. Rights of representation and reproduction of works on the Website belong to The Gallery. The permission is required for any exploitation of these rights. Your rights to the work purchased are limited to a right for a private use, excluding any right of representation and reproduction.
9 – Authenticity of artwork
The Gallery declares the accuracy of the information regarding the description of the work or the subject matter hereof. All the artworks are coming from the artists excepting from private collection which will be specified on the Website.
10 – Applicable Law
This Agreement is governed by, and shall be construed in accordance with, Hong Kong law. The English text is the contract original text.
The Courts of Hong Kong shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with this Agreement and, for these purposes.