Your Acceptance of the Terms
- This Site is owned and operated by Art à la Folie (“Art à la Folie”, “we”, “our” or “us”) and any other contractors, affiliates and any other partners involved in providing the Site and/or the services referred to in these Terms and Conditions. In this Agreement, you as a user are referred to as “You” or “your”.
- Art à la Folie reserve the right, in its sole discretion, to change, amend or vary any part of these Terms any time without advance notice. Revised Terms will be posted on the relevant page of this website and where applicable communicated to you electronically.
“Art “ refers to art pieces and includes photos, paintings, sculptures and other artworks represented on the site.
“Artist editions” refers to Art offered or made available for sale through the Site.
“Service” includes online artwork exhibition, advertising and sale services
“Member” refers to an individual or business entity that uses the site or receives our services.
“We”, “our” or “us” refers to Art à la Folie.
“Website” or “Site” refers to the internet address of Art à la Folie located at artalafolie.com
- Eligibility: By registering at the site and/or placing orders on or through the Site, you warrant that you are individual of at least 18 years and having legal capacity to enter into a binding contract in accordance with the applicable jurisdiction. If you are or represent a corporate entity, you warrant that you have the necessary authorization to bind the said entity or principal.
- Access and Registration
- The information and materials on the Site are made available to you on an open-access basis but we may provide you with the option to register and create an artist profile to use some areas of the Site. In other case, we may restrict access by age of the user. Upon registration you will be deemed as “member”.
- You promise that all registration information you provide to us shall be accurate and complete and you promise to inform us as soon as it needs updating. In certain circumstances, it may be reasonable for us to decline some registration applications or prevent access to certain or all parts of the Site, for instance to prevent illegal or fraudulent usage or if you are violating these Terms ad Conditions.
- When you register and/or create an artist profile, we may issue with a username and password for this website. These are for four private use only and must not be revealed to or be used by anyone else. You also promise that you will not impersonate any member. You must notify us immediately if think your account has bees accessed or used illegally or without your authorization. It is your obligation to maintain the security and integrity your account and you will be responsible for all activity happening under your account. You may close your account and terminate your artist profile any time by sending notification to us at email@example.com . These Terms shall remain in force after the closure of your account and you agree you will be responsible for any financial obligations existing at the time of closing your account.
- Listing art on the Site.
- Art à la Folie will upload and display digital images of original works of art that artist own and desire to promote thorough the site. If you provide images of original artwork for display on the site, you promise us that you are owner and creator of the said art. You may not submit images of original artworks that have not been created by you. In order for the digital images of the art to be exhibited on the site, you must provide Art à la Folie with all information requested from you by us. In addition to the foregoing, Art à la Folie may ask you to verify your identity by supplying a copy of valid identification. You acknowledge that we reserve the right, but not the obligation, to promote and advertise the artwork through the use of sales and/or discounts. The sale or discount amount will apply to the retail price of the artworks sold on or through the Site. Please note that Art à la Folie reserves the right to remove, substitute, change or replace any image of any artwork from the Site.
- License and rights to Use of the digital images of the art editions
- If you submit digital images of exclusive art to Art à La Folie, you hereby appoint Art à la Folie as an exclusive agent and/or seller with the right to sell such art and you accordingly grant us a:
- Universal, royalty-free, transferable, nonexclusive right and license to reproduce, distribute, publicly perform and publicly display copies of the original artwork via sales online channels.
- Right to access, view, use crop, resize, copy, distribute, transmit, publicly display and broadcast images of the artwork in any form, media or technology now known and hereafter developed for the purpose of promoting Art a La Folie’s Site and Services.
- You acknowledge and agree that the foregoing rights and granted royalty-free basis and your only compensation for the grant of license rights will be the proceeds payable upon sale of the Artwork.
- As between you and Art à la Folie, Art à La Folie will be deemed as the seller of the Artwork. No artwork subject matter of this agreement may be sold, displayed or accessed via a third party website.
- When an artwork is sold, Art à la Folie will share related shipping information, including the name, address and contacts details of the buyer to the Artist.
- All prices, fees and other amounts referred to in these Terms and conditions, including any prices and fees specified on the Site, are stated in U.S. dollars and do not include any sales, value added (“VAT”), goods and services (“GST”) or related taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions envisioned hereunder.
- Artist’s Warranties
- Artist agrees and promises that he or she is solely responsible for their exclusive work of art or digital works make available through the site. Artist warrants and represents that:
- he or she is the creator and exclusive owner of the work of art represented or exhibited on the site; or
- Where applicable, has obtained all the required license, rights, permissions and releases that are required to grant Art à la Folie the rights to deal in the art editions as stipulated in these Terms and Conditions.
- The use and or exploitation of the Art Work and digital images of the artwork made available through the site will not infringe or violate third party’s copyright and other intellectual property rights and/or other legal rights including privacy and publicity rights of any person.
- Quotes and Orders
- Orders are placed by contacting Art a La Folie using the contact form available on the site. If you want to purchase an art piece, you may contact Art a la Folie at firstname.lastname@example.org to obtain a quote and specific information about the art piece. When we receive your enquiry, we will send you a quote as well as the details of the art piece via the email you use to contact us. The quote will also specify method of payment. If you accept the quote and make payment, a binding contract is entered between you and Art à la Folie.
- All Artist editions offered for sale on or through the Site are subject to availability. While we make our best efforts to fulfil all purchase orders, you acknowledge that we may be unable to supply artist editions ordered in which case we will contact you to explain the situation and seek a solution.
- No binding contract is made between you and Art à la Folie until when you have accepted the quote and made the required payment. If we confirm payment, we will send you an email confirming your purchase as well specifying the address of artist who will ship your art piece. The confirmation e-mail shall constitute our definite acceptance of the order and forthwith a binding contract is entered between you and us. Accordingly, we shall not be liable to deliver artist editions subject to an order which payment has not confirmed in the confirmation e-mail.
- Accuracy of Information
- We take practical efforts to ensure the accuracy of information made available on the site. You acknowledge however that the Site and related information may contain accidental inaccuracies or typographical errors.
- We reserve the right to change the information including prices in case of typographical errors or technical inaccuracies. In case of clearly wrongly priced artist editions, we reserve the right to cancel the order and issue a full refund without additional compensation.
- If you purchase artist editions from us, artist editions will be shipped by the respective artist to the delivery address specified by the buyer as the delivery address at the time of placing the order and as indicated in the order confirmation e-mail. Artist edition will be shipped only after payment has been confirmed. Delivery timelines may vary depending on shipping zones or locations. Please check our Shipping section to understand different delivery periods. We make reasonable efforts to deliver according to the estimated delivery times but the buyer acknowledges that there can be delays for reasons beyond our reasonable control. Art a La Folie accepts no liability for any delay or failure to deliver purchased artist editions in accordance with the estimated delivery times.
- Title to the artist editions and risk of destruction, damage or loss shall pass when the artist editions are delivered to you at the provided delivery address.
- Once the artist editions are delivered to you must inspect it. When an artist edition is delivered, except where the order is cancelled or artist edition is returned in accordance with our cancellation and return policy, you will be deemed to have accepted the artist edition.
- Order Cancellations and Return Policy
- You may cancel your order and contract with us at any time within fourteen (14) days from the date of delivery provided you notify us by e-mail or have returned the artist edition to us within that time. Notice of cancellation shall be sent to email@example.com . Unless the artist editions are damaged, defective or wrongly supplied, the cost of returning the artist edition for refund or exchange shall be borne by the purchaser/customer. If the artist edition has been returned because it is damaged, defective or wrongly supplied, we will refund the total purchase price of the artist edition, the shipping charges and return cost. Proof of return cost may be required.
- Artist editions must be returned to the artist to the delivery address provide to you by Art à la Folie at the time of purchase. Artist editions must be in the original and unused condition. It is your responsibility to make sure that artist editions are not damaged while in your possession or in transit from you. When retuning artist editions to the artist, we recommend that you use registered postal services. Art à la Folie shall not accept liability whatsoever for artwork that are not delivered to us or damage in transit to us.
- Liability and Indemnity
- Even though we take reasonable efforts to ensure the accuracy of information and materials available on or trough this Website, this website is provided on an “as is” basis without any warranties of any kind, express or implied. The Content and information on this website may contain inadvertent inaccuracies or typographical errors. We make no representations whatsoever about the accuracy, availability, reliability, completeness or timeliness of the artist editions and/or Content or about the results to be obtained from using our website or that the site will be free of bugs, viruses and other harmful applications. The use of the website and the Content thereon is at your own sole risk.
- We shall not be liable for any loss or damage arising from or related to your reliance of any content or material provided on the Site. to The fullest extent permitted by applicable law and except as expressly provided in these Terms, all representations, promises, guarantees and warranties, express or implied, including implied warranty of merchantability and fitness for particular purpose, are hereby disclaimed. We shall not accept liability in contract, tort and/or statutory duty or otherwise in connection with these Terms for any loss of profits, business opportunity, goodwill and reputation, or for special, consequential and indirect damages suffered, sustained or incurred by any party arising out of or relating to any subject matter of these Terms and Conditions.
- You agree to indemnify, compensate, defend and hold us and our employees, officers, agents, suppliers and/or affiliates harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable attorney’s fees, arising from or connected to any breach of these Terms by you or any other obligations arising out of your use of this Site.
- Intellectual property Rights
- All content appearing or made available on or through other website including without limitation artist edition, software, source code, artwork, images, illustrations, layout, typeface, text, graphics, logos, audio, video and other content on the Site (together referred to as “Website Content”) are exclusive property of Art à la Folie protected by copyright and other intellectual property laws. Subject to these Terms and Conditions, Art à la Folie grants you, a limited, revocable, non-exclusive and non-transferable license to view and use the website and the website content on-screen and, where permitted by this website, print out a reasonable number of copies of parts of the website content for the purpose of easing your purchase of artist editions on the site.
- You must not reproduce, modify, distribute, display, and/or create derivative works of any Website content without our express written consent whether or not for commercial purposes. If you wish to reproduce any content on the site in any other way than the permitted usage, you must contact us to obtain our approval
- As an artist, you may link your artist profile on social media sites and use our hashtags or keywords so as to promote your artist editions that are exclusively available at Art à la Folie. You must not establish any link from any website that is not owned by you or which would undermine, prejudice or take advantage of our Site and services.
- Governing Law and compliance with local laws
- The interpretation and application of these Terms and any claim or dispute arising therefrom shall be governed by the laws of the United States and the District of Columbia. We do not warrant the artist editions and materials available on the Site are suitable or acceptable in your jurisdiction. If you choose to access and use this site from locations other than artalafolie.com, you are responsible to ensure compliance with any applicable national or local laws relating to the purchase of artwork. We shall not accept liability for any loss or expenses arising from the operation of laws, regulations or governmental policy applicable in your jurisdiction.
- Complain and Notices
- If you have any question, enquiries or complaints regarding the Website Content, artist editions and Services provided hereon, please contact us by e-mail at firstname.lastname@example.org. By using the site you agree to the use of electronic means to deliver any notices pursuant to these Terms and Conditions and you agree such electronic communications including satisfy any legal requirements requiring any communication to be in writing. Any notices required to be given hereunder by us to you shall be considered to have been appropriately given to you when posted on the Site, sent by e-mail, of facsimile transmission in each case addressed to you at the e-mail of facsimile information provided by you to us. Notices shall be considered to have been properly sent and received when immediately posted on the site and in the case of e-mail or facsimile, twenty four(24) hours after they have been sent.
- Entire Agreement
- You and Art à la Folie confirm that these Terms, including all policies and conditions referred to herein, constitute the entire agreement between the parties relating to this subject matter and supersedes all prior and simultaneous representations, discussions, negotiations, and agreements, whether written or oral.
- Severable Terms:
- If any part of this Terms and Conditions is found to be invalid or unenforceable, that part will be severed to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.
- Contact us: If you have any question regarding our services or these Terms and Conditions please contact us at email@example.com