The following Terms and Conditions of Sale are agreed upon between:
Ollag-Galerie, a simplified joint-stock company with capital of €1,000, listed on the Trade and Companies Register under the number 849 231 071 00010, with its head office located at 13 Rue Auguste Comte, 33400 Talence, hereafter referred to as the Seller
And
Any natural person (of adult age) or any legal entity wishing to make purchases from the www.ollag-galerie.com website, hereafter referred to as the Customer.
Both parties are in agreement that relations between them will be governed exclusively by the Terms and Conditions of Sale outlined in this document.
No sales made via the website www.ollag-galerie.com will be considered by the Seller without these Terms and Conditions of Sale first having been accepted.
The Customer will be understood as having familiarised themselves with the Terms and Conditions of Sale prior to placing any order. Confirmation of their order will be read as acceptance of the Terms and Conditions of Sale of which this contract is comprised.
In so doing, the Customer agrees to waive any conflicting document, including their own general purchasing conditions, with the act of purchasing requiring acceptance of these Terms and Conditions of Sale.
These Terms and Conditions of Sale are binding upon the Customer from the moment at which they are published online, and may not be applied to any previously concluded transactions.
The Seller reserves the right to cancel or refuse, without delay, any orders / reservations which they feel to be contentious or fraudulent and / or any orders / reservations made by Customers involved in any past or ongoing legal disputes.
The Seller reserves the right to modify these Terms and Conditions of Sale at any time and without issuing prior warning by publishing a new version on the website. The Terms and Conditions of Sale are to be those applicable on the date on which the order is confirmed. Both parties agree that the photos of the “Works” shown on the website www.ollag-galerie.com have no contractual value.
Any reference to the singular shall include the plural, and vice versa.
Any references to one gender shall include the other.
1. Background information
The Seller’s line of business involves selling reproductions of works by the painter OLLAG (hereafter referred to as the “Works”) reproduced on request on different materials chosen by the Customer, in limited or individually numbered editions.
Each reproduction is accompanied by a double certification signed by both the artist and by the Partner of OLLAG-GALERIE.
The Customer will have the option of having the work they have chosen from the site reproduced on the following materials:
– Wallpaper decors
– Pigment prints
– Rugs
– Carpets
– Tapestries
For this purpose, the Seller draws on the services of renowned partners such as Ateliers PINTON and the Atelier d’OFFARD, as well as the Artlabs Laboratory, who will be duly selected by OLLAG-GALERIE depending on the material selected by the Customer.
The list of Works available for reproduction on the different materials and available to buy online can be consulted on the website “www.ollag-galerie.com”
The photographs illustrating the works that are presented are taken and posted by OLLAG-GALERIE. They have no contractual value. As a consequence, OLLAG-GALERIE may not be held liable for any differences in colour in the reproduction of the work on the support chosen by the Customer and delivered.
2. Prices regarding works on wallpaper decors or pigment prints:
Prices are given regarding the reproduction of OLLAG works on the following materials:
– Wallpaper decors
– Pigment prints
For these materials, the prices in euros excl. tax are given on the information sheet, including delivery costs (applying the rate of VAT and delivery costs applicable on the day on which the order is placed), but excluding any customs duty, local taxes or import duty that may be applicable and enforceable in the country to which the delivery is being made (excluding France). The Customer will be responsible for paying these charges, both in terms of declarations and payments made to the authorities and / or the relevant bodies. The Customer will also be responsible for seeking the requisite information from the relevant authorities in the country to which the delivery is being made (excluding France).
The www.ollag-galerie.com website is a shop window. The works available for reproduction on the aforementioned materials are created and painted by the painter Ollag and sold by the Seller OLLAG-GALERIE.
The Seller does not hold any stock – each time an order is placed, a bespoke, personalised product is created in accordance with the material selected by the Customer.
Purchasing a work reproduced on the selected material from the website involves a process made up of the following steps:
1st step: Consult the page containing the catalogue displaying works by the artist OLLAG and select the n° of the chosen work, as well as its title
2nd step: select a format and a material, plus an optional extra (where applicable)
3rd step: add to basket, confirm and proceed to payment
3. Prices regarding works on rugs, tapestries and carpets:
Prices are not given regarding reproductions of OLLAG works reproduced on the following materials:
– Rugs
– Tapestries
– Carpets
For all questions relating to prices, quotes or purchases, therefore, the Customer must make their request via the contact page. They will be asked to provide their surname and their first name, as well as their personal or work email address. They will also be asked to specify the nature of the work.
This information is necessary in order for the Seller to be able to put together their return letter, accompanied by a questionnaire on information corresponding to the specific request, which must be completed and returned to OLLAG-GALERIE. Upon receipt of this information, a proforma quote will be sent to the Customer which, once returned, will constitute the final invoice. Following confirmation by the Customer of the proforma quote, work will begin on producing the ordered item.
All prices are set by the Seller. They are given to the Customer in euros excl. tax. Prices include delivery costs but do not include any customs duty, local taxes or import duty that may be applicable and enforceable in the country to which the delivery is being made (excluding France). The Customer will be responsible for paying these charges, both in terms of declarations and payments made to the authorities and / or the relevant bodies. The Customer will also be responsible for seeking the requisite information from the relevant authorities in the country to which the delivery is being made (excluding France).
4. Payment
Any purchases made can be paid for via:
- bank card, with payments made to OLLAG-GALERIE, for works on wallpaper decor and pigment print
- bank transfers made to OLLAG-GALERIE’s account, for works on rugs, tapestries and carpets, using OLLAG-GALERIE’s IBAN number
Transfers will be made on the date on which the order is confirmed by the Customer.
OLLAG-GALERIE have chosen to use secure and effective payment methods. OLLAG-GALERIE employ the use of Stripe & PayPal for payments.
Under no circumstances will OLLAG-GALERIE have access to confidential information regarding the payment method used by the Customer during payment. For this reason, Customers will be asked to provide their bank details each time a new order is placed. Only OLLAG-GALERIE will have access to this confidential information, which will remain inaccessible to any third parties.
Although OLLAG-GALERIE use encrypted security software, they cannot guarantee the security of information or payments shared online or via email. OLLAG-GALERIE may not be held liable for any damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from any faults or delays in the sending of electronic communication, electronic communications being intercepted or used by third parties or by computer programmes used for electronic communication and for the transmission of viruses.
With regard to works on rugs, tapestries or carpets, it is stated that the order will be processed subsequent to a down payment equal to half of the total amount payable in euros being paid, in accordance with the order form approved by the Customer. The remaining balance will be paid upon the work being completed.
Execution timeframes will begin on the day on which the down payment for the order is received.
The Customer will be understood as having familiarised themselves with and irrevocably agreed to the Terms and Conditions of Sale prior to placing any order. Confirmation of an order therefore constitutes express and irrevocable acceptance of the prices and descriptions given of the works to be reproduced.
An email will be sent to the Customer upon the order being registered. This email will confirm that the order has been received by OLLAG-GALERIE.
All of the data provided by the Customer during the order process and the saved confirmation of this order may be used as evidence of the transaction.
OLLAG-GALERIE reserve the right to cancel any orders made by Customers with whom a legal dispute is ongoing in relation to a previous order, or if OLLAG-GALERIE have reasonable grounds to believe that this Customer has contravened the Terms and Conditions of Sale or if they have engaged in any fraudulent activity, or on any other legitimate grounds.
5. Methods of delivery and delivery times
The delivery times will match those given at the time of the order being placed or on the order confirmation quote.
It is to be expressly understood that these times are, by nature, indicative, and that under no circumstances may OLLAG-GALERIE be held liable for any failure to adhere to them.
Orders will be shipped and delivered to the address given on the quote or the order previously accepted by the Customer.
The Customer will be informed once their order has been shipped.
The Customer will have the option of having the work reproduced on the material of their choice delivered to their home, or to any other address they may give. The Customer will be sent an email containing their tracking number, depending on the material selected, and the haulage company involved.
The Customer will also have the option of choosing to collect their order from the site at which the order was produced. OLLAG-GALERIE will share the address at the request of the Customer.
OLLAG-GALERIE will accept no liability with regard to any extensions that may be made to delivery times that can be attributed to the haulage company, including in the event of the product being lost, adverse weather or industrial action.
OLLAG-GALERIE may not be held liable for parcels being delivered to the wrong address in cases where this mistake occurs as a result of information provided by the Customer at the time of their order being placed.
The Customer shall bear transport risks in full.
Any claims relating to damage caused to the reproduced work during transport must be stated by the Customer upon receipt of the order and confirmed in writing within 5 days of the delivery being made in the form of a registered letter with proof of receipt sent to OLLAG-GALERIE.
The Customer will not be entitled to claim any damages or interest for any late deliveries.
OLLAG-GALERIE may not be held liable for any errors made at the time of information being entered and any resulting consequences such errors may have in relation to erroneous or late deliveries.
6. Withdrawal and warranty
Given that all reproductions on the materials selected by the Customer are made to measure, thus constituting a unique product based on personal choices made by the Customer, Article L 221 – 28 of the French Consumer Code pertaining to the right to withdrawal is not applicable.
Equally, this right cannot be applied to orders placed by companies.
The works produced are covered by a legal warranty protecting them against hidden defects under the terms of the French Civil Code. At all events, with each item constituting a unique product made following an artisanal, artistic process, these may not be exchanged or reimbursed on the pretext of any visual or size-related compliance issues.
Slight variations are to be tolerated with regard to the dimensions of the product. The dimensions given on the website are for illustrative purposes only. The Customer may notice variations of a few millimetres.
The same applies to colours, which are aligned in order to reflect the colours of the original work as accurately as possible, but which may, nevertheless, contain differences when compared to the photos displayed on the OLLAG-GALERIE website. The Customer agrees to accept any differences in tones due to the reflection of their screen, which could be influenced by the brand of their computer or mobile phone.
No changes may be made to the fits for the different pigment prints or weave colours – these are approved in advance on site by OLLAG, the artist, with their original works assisted by colourists from a range of supplier partners.
7. Liability
Unless there are mandatory legal provisions to the contrary:
OLLAG-GALERIE may only be considered liable for a proven and exclusive fault in the execution of the damage.
Under no circumstances may OLLAG-GALERIE may be held liable to the Customer for any indirect damage.
Under any and all circumstances, OLLAG-GALERIE may not be held liable vis-a-vis the Customer beyond 6 months following the occurrence of the incident it resulted from and to exceed the net overall total to be paid by the Customer to OLLAG-GALERIE in connection with the order through which liability was incurred.
8. Intellectual property of the website
Everything found on the www.ollag-galerie.com website and the website itself are protected by copyright, laws governing trademarks, designs and models and/or all other laws governing intellectual property. This covers, but is not limited to photographs, images, designs, illustrations, text, videos, logos, screen savers, backgrounds, brands, models, programs, etc. These are the property of OLLAG-GALERIE or, if not, are used with authorisation from their owners.
With regard to the photographs of the works, these are used by OLLAG-GALERIE on their website in accordance with the relevant representation rights and with authorisation from the artist. All images will contain the obligatory wording.
To this end, any reproduction, representation, use, adaptation, modification, incorporation, translation or marketing, either in whole or in part and irrespective of the process or medium used, is to be prohibited, without express written consent having been given by OLLAG-GALERIE.
The artist or the rights holders will remain the holders of the copyright for the works under the terms of French law. Rights regarding representation and reproduction of the works are governed by a contract in place between OLLAG-GALERIE and the artist. As a consequence, the joint authorisation of OLLAG-GALERIE and their partners is necessary in order for these rights to be exercised.
OLLAG-GALERIE will be fully responsible for managing rights. OLLAG-GALERIE will ensure that these images are used in a fully transparent manner, while respecting reproduction rights and copyright.
The reproduction being sold on www.ollag-galerie.com grants private use. This is to be understood as the sale of a tangible object, and does not in any way entail the transferral of the intellectual copyright attached to the original work.
9. Data Privacy
Certain information is mandatory for the purposes of processing orders placed by Customers. Failure to provide a response to a required field could compromise effective tracking of the Customer’s order.
Any personal information that is shared will be saved in a computerised file by OLLAG-GALERIE.
OLLAG-GALERIE will only process or use information on the Customer in circumstances where this is necessary for the purposes of contacting them, processing their order, creating or managing their user profile (where applicable), creating or managing their access to online services or carrying out statistical studies.
Personal data will be retained for as long as is necessary up until the relevant services have been delivered, unless:
– The Customer should choose to exercise their right to delete any data concerning them, in the circumstances outlined below
– A longer retention period is authorised or imposed in virtue of a legal or regulatory provision
During this period, OLLAG-GALERIE will implement all measures necessary to ensure the confidentiality and the security of the Customer’s personal data, in such a way as to prevent this data from being damaged, erased or accessed by third parties.
Access to personal data on the Customer will be strictly limited to OLLAG-GALERIE and, where necessary, to their subcontractors and Partners.
The relevant subcontractors and Partners will be subject to an obligation of confidentiality, and may only use the Customer’s data in accordance with the contractual provisions stipulated by OLLAG-GALERIE and the applicable legislation.
Excluding the examples outlined above, OLLAG-GALERIE agree not to sell, rent, cede or grant third party access to data on the Customer without prior consent having been given, unless they are forced to do so on reasonable grounds (a legal obligation, tackling fraud or a breach, exercising rights to defence, etc.).
In accordance with the modified French Data Protection Act of 6 January 1978 and European Union Regulation n°2016/679/EU of 27 April 2016 (applicable from 25 May 2018 onwards), the Customer will have the right to access, correct, transfer or delete their data, or to limit its use. They may also oppose the use of data concerning them, provided reasonable grounds are given.
Subject to producing a valid proof of their identity, Customers may exercise their rights by contacting Mr OLLAG, 13 Rue Auguste Comte, 33400 Talence-France.
For further information or claims, Customers may contact the French Commission for IT and Liberties (more information available at www.cnil.fr).
10. Declaration of jurisdiction
Any disputes pertaining to the interpretation or execution of these Terms and Conditions of Sale are subject to French law.
In the event of it not being possible to settle the dispute out of court, the matter will be brought before the competent courts.