1 - PURPOSE AND ENFORCEABILITY OF THE GCV
The website www.solidarityup.org, from now on SolidarityUP, has for object to present Works of artists and various lots of any nature to the users of the site (potential "Buyers"), and gives them the possibility of discovering and buying them on line directly or to take part in an on-line auction.
The purpose of these general terms and conditions of sale is to define the terms and conditions for the online sale of the Works and lots present on the site, and to define the rights and obligations of the parties in this relationship.
Sales and auctions conducted through the Site are concluded directly between the Buyer and SolidarityUp.
2 - ORDERS AND BIDS
The Works and lots are offered for sale and auction on the Site by SolidarityUP, subject to availability.
Each work or lot offered is accompanied by a brief description including information on its support, its dimensions, its weight and its nature.
To order or bid for a Work or lot, the Buyer must have a User account.
Then, they can select the Work of their choice and place it in their basket in the case of an order. In the case of an auction, the Buyer will receive a notification of his/her bid and if he/she wins the auction the lot will be reserved for the Buyer subject to payment.
Before confirming his/her order, the Buyer must check the information contained in the order summary and take note of the delivery costs.
The Buyer, in the case of an order or in the case of an auction, will have to make the payment via bank transfer to the account of SolidarityUP within 48H to 72H after the validation of the order or the auction. After 72H, SolidarityUP reserves the right to cancel the order or the auction.
3 - SELLING PRICE AND PAYMENT TERMS
The selling price of the Works and lots are displayed on the Site in the currency determined by SolidarityUP which includes all taxes, except for delivery and packaging costs if any.
The auction price of the works and lots will be the final price of the highest bid. This price may be subject to change in relation to possible delivery costs.
The different possible delivery methods and the related costs are indicated at the time of the order summary (via email). The delivery and packaging costs depend on the nature of the work, its dimensions, its weight and the place of delivery.
The payment of the price of the work by the Buyer to SolidarityUP is made via the payment services provided by SolidarityUP: Bank transfer, data available via email from SolidarityUP at the time of the order or the winning bid.
The transfer of ownership occurs once the full price paid by the Buyer. In case of non-payment of the full price, the sale will be automatically canceled, and the work put on sale on the site of SolidarityUP.
4 - DELIVERY OF WORKS
The delivery of the ordered Works is carried out at the address indicated in the summary form of the order, during working hours and according to the terms provided by SolidarityUP determined at the time of the order.
The Buyer has the obligation to inquire about the modalities and delivery times implemented by SolidarityUp. Otherwise he has the choice to choose a service provider of his choice for the delivery, so the obligations concerning the delivery of the order, namely compliance with the deadlines announced, the quality of the packaging of the work, as well as the conformity of the latter are solely on the service provider.
The Buyer is obliged, upon receipt of the order to check the condition of the work, and issue any reservations in writing and without delay, no later than 48 hours, to SolidarityUp.
5 - RIGHT OF WITHDRAWAL
Under Article L.121-21 (Law of 17 March 2014 on consumption) of the Consumer Code, the Buyer has a period of 14 days from the delivery of the work to implement its right of withdrawal from SolidarityUp, without charge and without reason.
The Buyer exercises its right of withdrawal from SolidarityUp by sending an email to the following address email@example.com
SolidarityUp will then deal with the request for withdrawal of the Buyer and will proceed to its reimbursement within 14 days from the date on which SolidarityUp was informed of the exercise of the right of withdrawal of the Buyer.
The refund will cover the price of the work paid by the Buyer as well as the cost of return. The works returned damaged or soiled by the Buyer will not be returned or refunded, SolidarityUp reserves this choice at its sole discretion.
6 - LEGAL GUARANTEES
The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-conformity and the guarantee of hidden defects.
7 - FORCE MAJEURE
The existence of a case of force majeure may suspend the execution of the contract or, if it is definitive, lead to the cancellation of the sale. Force Majeure or fortuitous events are expressly considered to be those usually retained by the jurisprudence of the French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which could not be avoided by appropriate measures.
The party invoking Force Majeure must immediately notify the other party of this, as well as of its disappearance.
8 - DATA PROTECTION
SolidarityUp collects and retains personal data of the Buyer for the proper execution of the present. Under Law No. 78-17 of 6 January 1978 on computers, files and individual freedoms, the Buyer has a right to access, modify, rectify and delete personal data concerning him processed through the Site during the order, and the right to oppose the communication of such data to third parties for good cause by sending a request to the following address
The personal data provided by the Buyer will be destroyed no later than six months after the deletion of the Buyer account. SolidarityUp reserves the right to retain certain data to justify, if necessary, the full performance of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary for the operation of the service.
SolidarityUp undertakes to put all measures in place to best protect the confidentiality of information provided by the Buyer.
9 - APPLICABLE LAW
These general conditions of sale are governed by French law.
10 - MEDIATION
In the event of a dispute, the Buyer has the right to have recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these GTCs, as provided for in Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code.
The User will find the list of mediators on the government site dedicated to this purpose:
11 - COMPETENT JURISDICTION
Any dispute concerning the validity, interpretation or execution of these General Terms and Conditions of Sale must be brought before the courts of Paris.