General Terms & Conditions of Use
Thank you for trusting Okura Arts, and welcome to our community! So as to use our services in the best way, please take the time to read these general conditions of use (hereinafter “T&C”).
Okura Arts gives access on http://www.okura-arts.com (the “Site”), to a market place for artists (hereinafter “Sellers”) who may, after registration, get in contact with buyers/users of the Site (hereinafter “Users”), in order to sell their own artworks (hereinafter “Artwork”).
In accordance with the provisions of the Confidence in the Digital Economy Act No. 2004 – 575 of 21 June 2004, we inform you that the Site is the property of the company Okura Arts (hereinafter “Okura Arts”), headquartered at 66, Avenue des Champs Elysées, 75008 – Paris registered with the Commercial Court of Paris under number 801 407 453 and whose Publication Director is the president of the company, Mrs. Yuko SUZUKI-FLAMENT.
For any information relating to the Site and its operation, you can send your request to the following address: info@okura-arts.com.
1- PURPOSE OF THE T&C
The purpose of the Okura Arts website is to present the Artists’ Artworks (hereinafter the “Sellers”) to the users of the site (hereinafter the “Buyers”), and gives them the possibility to discover and purchase them online directly from the Seller.
The T&C are intended to establish the Site’s rules for the User, as well as Okura Arts’ obligations.
The User agrees, each time they visit the Site, to respect the present T&C applicable to all services and contents available on the Site.
The simple use of the Site automatically entails the User’s acceptance of the T&C.
2- OPPOSABILITY OF THE T&C
Okura Arts holds the right to modify the T&C at any time, in order to factor in any legal, jurisprudential, editorial, functional and/or technical evolution required.
The version of the T&C that shall prevail is the one that is accessible and downloadable online via the Site on the day the Site is being used by the User and available at the address www.okura-arts.com/en/terms-conditions.
Any use of the Site by the User after posting the modified T&C constitutes acceptance of the said T&C by the latter.
3- DESCRIPTION OF SERVICES
The Site offers Users a service allowing them to consult the catalogue of the various artworks offered for sale by the artists registered through the Site, as well as make offers to purchase artworks that are for sale.
The sales made through the Site are concluded directly between the Buyer and the Seller. Okura Arts is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site.
Okura Arts acts as a simple middleman that allows Sellers and Buyers to connect.
As a result, Okura Arts is not a party to the contract which is concluded only between the Buyer and the Seller who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.
4- ACCESS TO SERVICES
The use of the Site and its services implies the acceptance of these terms and conditions, without however having to create a User account.
The Site allows the User free access to the services.
The Site is accessible free of charge by any User with an Internet connection.
Expenses (Internet, hardware…) incurred by the User to access the Site remain their responsibility.
5- ORDER
The Artworks are offered for sale on the Site by the Seller, subject to their availability.
Each Artwork offered is accompanied by a brief description sheet including information about its nature, its creation date, its dimensions, and its medium.
To order an Artwork, the Buyer must select the Piece of their choice, place it in their shopping cart and fill in the necessary information concerning the order (or identify themselves, if they have a User account). Before confirming the order, the Buyer must check the information contained in the order summary, and has the possibility to correct any errors in the elements entered, as well as to take note of the delivery charges.
In the event that the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours, resulting in the cancellation of the order.
– SPECIFIC CASES OF COMMISSIONED WORKS
A ” commissioned work ” refers to the commission of a customizable work that the Buyer has the freedom to entrust to an artist via Okura Arts. All commissioned works must be sent by email to info@okura-arts.com with information on budget, size, medium, style and artist. The Seller will prepare an estimate for the Buyer and will wait for its validation before producing the Work. The estimate contains a provisional delivery date for the Commissioned Work.
If Okura Arts has confirmed receipt of payment within 3 working days of the quotation being sent to the Buyer, the sale is then considered to be concluded under the terms of these General Terms and Conditions of Sale.
If after 3 working days Okura Arts has not validated the order by confirming receipt of payment, the order is cancelled.
6- SALES’ PRICES AND TERMS OF PAYMENT
The sale price of the Artworks is displayed on the Site in the currency determined by the Buyer and includes all taxes, with the exception of delivery and packaging costs if applicable.
The various possible modes of delivery and the related costs are indicated at the time of the order summary. The delivery and packaging costs depend on the nature of the Artwork, as well as the place of delivery.
The payment of the Artwork’s price by the Buyer to the Seller is made through the payment services provided by Okura Arts: credit card and bank transfer.
The transfer of ownership occurs once the full price has been paid by the Buyer. In case of non-payment of the totality of the price, the sale will be automatically cancelled, and the Artwork will be put back on sale on the Okura Arts website.
7- DELIVERY
The delivery of the ordered Artworks is carried out with the address indicated in the summary form of the order, during the working hours and according to the methods envisaged by the provider of delivery determined at the time of the order.
The Buyer has the obligation to inquire about the modalities and the delivery times implemented by the different delivery providers.
The obligations concerning the delivery of the order, i.e. the adherence to the announced deadlines, the quality of the packaging of the Work, as well as the conformity of the Work, are the sole responsibility of the Seller, and Okura Arts shall not be held liable in the event of the Seller’s failure to comply with these obligations.
The Buyer undertakes, upon receipt of the order, to check the condition of the Work and to express any reservations in writing and without delay, within 48 hours at the latest, to Okura Arts, which will forward them to the Seller.
8- RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Buyer has a period of 14 days from the receipt of the Artwork onwards to exercise their right of withdrawal, free of charge and without having to provide any reasons.
The Buyer exercises their right of withdrawal through Okura Arts by sending an e-mail to info@okura-arts.com .
Okura Arts will then take charge of the Buyer’s request for withdrawal and will proceed to reimburse the Buyer within 14 days following the date on which Okura Arts was informed of the Buyer’s right of withdrawal.
The refund will only cover the price of the Artwork paid by the Buyer.
Artworks returned damaged or soiled by the Buyer will not be returned or refunded, Okura Arts reserves the right to do so at its sole discretion.
9- FORCE MAJEURE
Initially, cases of force majeure will suspend the execution of the general terms of use. If the events of force majeure continue for more than two months, these T&C shall be terminated automatically, unless otherwise agreed by the parties.
Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts.
The party invoking Force Majeure must immediately notify the other party of this and of its removal.
10- INTELLECTUAL PROPERTY
The Seller guarantees that he/she is the author of the Artwork transferred, that the Artwork does not contravene in any way the laws, regulations and standards in force and that it does not infringe the rights of third parties.
He/she undertakes to guarantee Okura Arts and the Buyer in the event of recourse by a third party concerning the Artwork transferred, within the framework of the guarantee of eviction.
At the time of the sale, the Seller transfers to the Buyer the material support of the Artwork and its rights of representation on the Artwork.
However, the Seller retains the moral rights on the Work sold as well as the rights related to its reproduction.
Okura Arts is the exclusive owner of all intellectual property rights on both the development of the Site and its content, unless expressly mentioned otherwise.
The Site, brands, drawings and models, images, texts, photos, logos, graphic charters, software and programmes, search engines, databases, sounds, videos, domain names, design and any other content available on the Site, except for the texts, images and photos provided by the Seller, although this list is not exhaustive, are the exclusive property of Okura Arts and are protected by the provisions of the copyright law, trademark laws, patent law and any other right of intellectual or industrial property in force.
The User must seek the prior approval of Okura Arts for any reproduction, publication, copy of the various contents from the Site.
Any full or partial reproduction, by any process whatsoever, of the content of the Site without the prior authorisation from Okura Arts, would constitute an infringement under article L.335-2 and following of the Code of Intellectual Property.
11- PERSONAL DATA
The personal data of the User are collected and kept by Okura Arts to allow the implementation of these provisions.
Pursuant to the law No. 78 – 17 of January 6, 1978 relating to Information Technology, Files and Civil Liberties, the User has a right of access, modification, correction and deletion of his personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: info@okura-arts.com.
Okura Arts reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
Okura Arts is committed to take all necessary measures to best protect the confidentiality of the information provided by the User.
12- COOKIES
By accepting these T&C, the User acknowledges that, when navigating the Site, a Cookie may be installed automatically on its browser.
These Cookies are designed to allow a faster and more effective user navigation for the User during their various connections on the Site.
The User may, if they so wishes, disable Cookies through the settings of the browser used to be able access the Site.
13- DURATION
These T&C enter into force from the time the User accesses the Site and without the need for them to create a user account or to log into the site.
They apply as long as the User uses Okura Arts’ services.
14- OKURA ARTS’ LIABILITY
In the relationship with the User, Okura Arts shall not be held responsible for:
- the interruption of operation of the site or inability to access it, or adverse conditions of usage of the Site ;
- any loss of data, time, opportunity and/or any other indirect damage related to the use of the Site.
15- ENTIRE CONTRACT
These T&C constitute the entire terms and conditions agreed between the User and Okura Arts and replace any previous agreement, written or oral, pertaining to the purpose of the T&C.
All additional terms and conditions or dispute pertaining to the purpose of the T&C and contained in any written or oral communication addressed to Okura Arts will be void and unenforceable.
16- DIVISIBILITY
If, for any reason and to any extent whatsoever a provision of these terms should be deemed as void or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of these T&C and the relevant stipulation shall be applied to the extent permitted by law.
17- APPLICABLE LAW
These T&C are governed by French law.
This applies to substantive and procedural principles and notwithstanding the places of performance of the obligations under these T&C.
18- MEDIATION CLAUSE
The User has a right of recourse with a Consumer Ombudsman for the amicable resolution of any dispute on the execution of these T&C, as provided for in article L.611 – 1, R.612 – 1 and following of the Consumer Code.
The User will find the list of mediators on the Government website dedicated to this purpose: http://www.mediateurfevad.fr/.
19- COMPETENT JURISDICTION
In case of dispute, and if no amicable solution is found, express jurisdiction shall be attributed to the Courts of Paris, notwithstanding the plurality of defendants or right of appeal, even for emergency or protective procedures, summary procedures or by request.