General terms and conditions
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 STREET art and GRAFFITI or between the Vendors and STREET art and GRAFFITI. The relationships between the Buyers and STREET art and GRAFFITI are governed by the Buyer Terms. The relationships between the Vendors and STREET art and GRAFFITI are governed by the Vendor Terms.
STREET art and GRAFFITI 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 STREET art and GRAFFITI.
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 STREET art and GRAFFITI's account. If he chooses to pay by credit card, he immediately proceeds to payment. If he chooses to pay by bank transfer, he waits for confirmation of availability of the Artwork then processes the transaction as soon as possible so that payment is actually received in STREET art and GRAFFITI’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 shall 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 STREET art and GRAFFITI 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 STREET art and GRAFFITI 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 Buyer agrees to make payment for the Product by bank transfer if he has chosen this method of payment; the Vendor agrees to deliver the Products or make them available at the outlet within the period specified once STREET art and GRAFFITI 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 STREET art and GRAFFITI within 5 business days from the date of confirmation from the Vendor of availability of the artwork and if the Buyer has chosen this method of payment, 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 STREET art and GRAFFITI 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 Euros 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 to check with the relevant authorities.
Payment of purchases made through the Service may be made by credit card to STREET art and GRAFFITI 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 STREET art and GRAFFITI’s account. The transfer must be made within 5 business days from the date of confirmation of availability of the Product(s) by the Vendor(s).
3- Security of payments
STREET art and GRAFFITI has chosen powerful and strict tools in terms of securing payment methods. STREET art and GRAFFITI has adopted as a payment method the PayBox System, a leader in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
STREET art and GRAFFITI 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. In fact, only PayBox has the confidential information which remains inaccessible to third parties.
Although STREET art and GRAFFITI uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. cannot STREET art and GRAFFITI 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
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 STREET art and GRAFFITI has notified him of the receipt of payment, is in charge of packing the Artwork and bringing it to a carrier authorized to transport artworks. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
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 ship the Product 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 MUMART 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 STREET art and GRAFFITI , 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 and the approximate date when the Artwork should be delivered. 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.
Products are transported at the Vendor's risk.
5- Right of cancellation
In accordance with the applicable legal provisions, as part of a purchase from a professional Vendor established in the European Union, the Buyer has a period of 7 days from receipt of the Product(s) ordered to exercise, with STREET art and GRAFFITI, his right of cancellation, without reason or paying a penalty.
The Buyer shall exercise his right to cancellation directly with STREET art and GRAFFITI by sending an email to firstname.lastname@example.org. STREET art and GRAFFITI will then notify the Vendor by sending an email. The Vendor is then personally responsible for the resolution of the dispute with the Buyer. Disputes are settled directly between the Buyer and the Vendor. The Vendor shall use its best efforts to resolve the dispute with the Buyer amicably.
In the event of exercising the right of cancellation within the time aforesaid, only the price of the Product(s) purchased and shipping costs will be refunded by the Vendor; return shipping costs remain the responsibility of the Buyer.
For purchases made from a professional seller that is not established in the European Union this right of cancellation shall not apply.
6- Litigation - Disputes
Any Buyer has the right to report a claim about Artworks ordered by sending an email to STREET art and GRAFFITI at email@example.com within 21 days of receipt of any Artwork according to the following criteria:
• Product not received: The Product was not received by the Buyer.
• Nonconforming Product: The Product received does not match the Product
• Damaged Product: The Product received is damaged or broken.
After receiving the email from the Buyer STREET art and GRAFFITI will notify the Vendor by sending him an email. The Vendor is then personally responsible for the resolution of the dispute with the Buyer. Disputes are settled directly between the Buyer and the Vendor. The Vendor shall use its best efforts to resolve the dispute with the Buyer amicably.
Depending on the case, the dispute will give rise to return of the ordered Piece and a refund.
Upon return of the Artwork by the Buyer, the Vendor shall reimburse the price of the Artwork, the costs of packaging and the shipping and return costs, if any.
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 f STREET art and GRAFFITI or processing purposes of the orders.
The Buyer's information and data relating to the delivery are transmitted by STREET art and GRAFFITI 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 STREET art and GRAFFITI 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