Between : The company David Duchamp ® hereafter called « The company » and the buyer.
1. Preamble
These general conditions of sale apply, without restriction or reservation, to all orders, sales and services attached, artworks sold on this website.
The buyer, natural person or legal entity, acts as a consumer and accepts them by finalizing his order on this site.
The company is formed for the promotion, advocacy, and sale of artworks of the artist known under the name « David Duchamp » , as well as any activity related thereto.
The address of this one is indicated on the page of the « Legal Mentions » available on this site.
2. Each artwork is sold with :
- His certificate of authenticity
- The place of exhibition on this page if you do not object to it.
and if you are a French company, or a museum :
- The attestation of the existence of the artist at the date of acquisition, issued by a lawyer.
3. Exclusive offer « Satisfied or exchanged »
Throughout the fiscal year, if an artwork does not please you, we take it back and give you a valid credit on this site that will allow you to choose another of the same value or higher value by paying the difference.
4. Prices
The prices appearing on this site are indicated all expenses included except participation in the costs of provisioning (see delivery). The artworks ordered are billed at the price in effect when the order is registered.
When ordering outside the country of residence of the artist : you are the importer of the artwork concerned. For artworks shipped outside Europe, taxes may be eligible. These rights and sums are not the responsibility of the company. They will be your responsibility and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies of your country.
The artworks remain the sole property of the company until full payment is received.
VAT is not applicable in case of sale outside the country where the company's registered office is located.
5. Order and validation of the transaction
When you confirm your order, you declare to have read and accepted all of these terms and conditions.
Upon registration of your order, an acknowledgment will be sent to you by email after validation of payment.
However, we reserve the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order.
6. Payment methods
You can pay by check or bank wire, in any currency accepted by this website.
- By check : send your check to the company, the order will be taken into account after its receipt.
- By bank transfer : the bank account to which the transaction will be posted will be displayed during the finalization of your order. This payment method is the fastest and most secure.
The payment in installments concerns artworks whose price exceeds 5,000 euros.
7. Delivery
The shipping costs vary according to the artworks, the destination and the total weight of the package.
They will be displayed during the order process.
Works are usually shipped within 3 weeks after receipt of payment.
The transport time is about 7 working days. This period may vary depending on the country of destination. Delivery will be made to the address you specified on the order form.
Depending on the country of delivery of the artwork, you may be required to pay customs duties and other fees in force in your country, upon receipt of your artwork. We do not know the amount of these taxes and are not able to give you reliable information. Also, we invite you to contact the competent authorities of your country who can inform you about this.
For deliveries in France and the countries of the European Union there is no customs fee to pay.
If you wish to order several artworks, we recommend that you group them in one order. We can not group two orders placed separately and shipping charges apply to each of them.
Reservations upon receipt of artworks :
It is your responsibility in case of default or damage, to issue specific and detailed reservations to the carrier, showing « subject » on the delivery note, to take advantage of insurance contracted.
It is necessary to send by email the list of damages to the company no later than 24 hours after delivery.
8. Refund
If you are a national of the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), and if you order from this site only, you have a period of 14 days francs from the receipt of the artwork ordered to exercise your right of withdrawal with the company, without having to justify any reason or to pay a penalty.
The exercise of this right is done directly in your account.
The artwork(s) must be returned in perfect condition in its original packaging.
In case of exercise of the right of withdrawal, the price of the artwork(s) and the packaging costs will be reimbursed to you.
The return shipping costs will be entirely at your expense.
The return is to be made to the address of the company indicated on the page of « Legal Mentions ».
We will reimburse you within 14 days of receipt.
9. Liability
The company can not be held responsible for non-performance of the contract concluded for reasons beyond his control, especially in cases of force majeure, disruption or strike of postal services and means of transport and / or communications.
10. Rights on artworks and intellectual property
The artist remains the owner of the copyright. The rights of representation and reproduction of artworks on this site belong to their authors and to the company. It is necessary to have their joint authorization for any exploitation of these rights.
All the elements appearing on the site are protected by the copyright, the right of the marks and any other right of the intellectual property. No reproduction and / or adaptation can be made without the authorization of the company.
11. Special cases
Some artworks contain suggestive photos which can be shocking for certain sensibilities.
By creating your account on this site and checking the appropriate box, you certify on your honor :
- be of legal age under the law in force in your country, that the laws of your state or country authorize you to access these images and that this site has the right to transmit such data to you.
- be informed of the erotic nature of the artworks you access, declare that you are not shocked by any type of sexuality and prohibit you from pursuing the publisher of any legal action.
- do not report the existence of these artworks and consult this page on a personal basis without involving in any way whatsoever a private company or a public body.
- do not distribute the content to minors and use all means to prevent access of these artworks for adults to all minors.
- assume your responsibility, if a minor accesses this page because of your negligence: lack of protection of the personal computer, absence of parental control software, disclosure or loss of password.
- assume your responsibility if one or more of your present declarations are inaccurate.
All the images contained on this site are in accordance with the law of the country specified in paragraph 12.
When creating your account on this site, you certify that you have read the above paragraphs carefully and you electronically sign your agreement to the above by checking the appropriate box.
12. Applicable texts - Jurisdiction
This contract is subject to the law of the country where the head office of the company is located.
In case of dispute, the courts of this country only have exclusive jurisdiction.
EU Directive 524/2013
Our customer service is here to answer your questions and to handle disputes. If our answers do not satisfy you, you can enter the Consumer Dispute Resolution Online.