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Terms of Use

TERMS OF USE
 

Preliminary article
 
The company GALERIE LAURENT STROUK (hereinafter referred to as the "Company") designs and sells books and editions worldwide, notably on behalf of the company GALERIE LAURENT STROUK. In order to better meet the expectations of its customers, the Company has set up, in parallel with the shops it operates and its distribution network, a system of remote sales by telephone and Internet of a selection of articles.
 

Article 1 – Scope

These Terms and Conditions of Use apply to all sales of the Company’s articles concluded remotely through the Company’s website identified by the domain name http://stroukgallery.com/ (hereinafter referred to as the “Site”):
- by order taking by natural persons acting as consumers (within the meaning of the law and the case law);
- for delivery to the same individual customers on their own account or to any third party of their choice who is a consumer (within the meaning of the law and the case law);
- by taking orders from legal persons for delivery to legal persons for their own account or to any third party of their choice, legal persons or natural persons having the status of consumer.

Any sale of articles of the Company by the Site is subject to these general conditions of use, which the customer accepts. These are subject to modifications and updates, the conditions applicable to the order of an article by a customer are those in force on the day of the order.


Article 2 – Identification of the offeror

GALERIE LAURENT STROUK, société à responsabilité limitée (SARL) au capital social de EUR 5 278 300,00, listed under the Paris Trade and Companies Register (Registre du Commerce et des societies) under number 414605188, with a head office located at 5, rue du Mail 75002 Paris - Telephone number : +33 (0)1 40 39 98 55 - email: store@stroukgallery.com
TVA number: FR 96414605188


Article 3 – Article information and limitation of liability
 
The information (name, definition, reproduction of articles, detailed description: properties, characteristics and composition, etc.) relating to all articles of the Company offered for sale remotely are available, in accordance with the applicable legal and regulatory requirements, in all GALERIE LAURENT STROUK stores, on the Site or via the Customer Relations Department, from Tuesday to Saturday from 11:00 to 18:00 (except holidays), by telephone at +33 (0)1 40 39 98 55.
The Company shall not be held liable for non-substantive errors that may occur. Photographs and other reproductions of articles are only indicative and have no contractual value. In any case, in case of non-compliance of the article delivered in relation to its description, the Company undertakes to correct this error, under the conditions of articles 13 and 14 below.
More generally, the Company cannot be held responsible for:
- interruptions or delays recorded on the Site due to the performance of maintenance work, technical failures, force majeure, by third parties or any circumstances whatever, regardless of their will;
- the inability of the customer or the Company to access the Site temporarily, due to events beyond their control, such as cases of computer failure, interruptions to the telephone network, the Internet network or failure of the Internet customer’s receiving equipment.


Article 4 – Conditions for ordering items
 
4.1 To place an order on the Site, the customer must be of full age, and/or have legal capacity and hold a bank card as defined in Article 6.3 below. Orders will be received in English or French depending on the customer’s choice and will be accepted subject to availability.
To this end, the customer is informed at the time of the order, either on the information page of the Site describing each of the articles: - of the availability of the article;
- or, in case of temporary unavailability of the article sold, the possibility of ordering it for subsequent delivery within the time specified on that occasion.
If, despite the vigilance of the Company, the ordered items are no longer available, the Company will inform the customer by any means (telephone call or email) As soon as possible and will refund any price charged by credit to the customer’s bank account.

4.2 The Customer undertakes that all the information 
communicated to the Company GALERIE LAURENT STROUK on the Site as part of the order is following these general terms and conditions of sale, complete, accurate and up to date. Otherwise, the Company reserves the right to simply cancel the order and the payment.
It is recalled that when ordering, the Company collects the following personal data: identity, username and password of the account held by the customer on the Site, email address, telephone number, customer’s usual residence address, delivery address and means of payment. This data is necessary for the processing of the order and may be communicated to the contractual partners of the Company involved as part of the execution of the order.
In particular, the customer is informed that these same personal data are also collected by GALERIE LAURENT STROUK, in charge of the analysis of orders and the fight against credit card fraud. The occurrence of an unpaid payment due to the fraudulent use of a bank card will result in the recording of personal data related to the order associated with this unpaid payment in a "payment incidents" file implemented by GALERIE LAURENT STROUK.
In this same context, a communication by the customer of irregular information as well as any anomaly found in his order may also be the subject of a specific processing by GALERIE LAURENT STROUK.
In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, modify, rectify, object to and delete his personal data.
To exercise this right, you must send an email to: store@stroukgallery.com or at GALERIE LAURENT 5, rue du Mail, 75002 Paris. 
For the processing carried out by the company GALERIE LAURENT STROUK, the customer may exercise this same right by writing, by post and by proving his identity to the company GALERIE LAURENT STROUK, for the attention of his IT correspondent and freedoms.

4.3 In accordance with the provisions of Article L.122-1 of the French Consumer Code, the Company shall be entitled, in the case of retail sales, to refuse any order exceeding the number of items authorized: up to a maximum of 2 identical items ordered.
The Company shall also have the right to refuse any order: 
(i) made by a customer with whom there may be a dispute relating to the payment of a previous order; or (ii) not in accordance with these general terms and conditions of sale.
If the Company finds that the order does not meet these Terms and Conditions of Sale (for example: incorrect delivery address, exceeding order thresholds), it will notify within a maximum of six (6) days the customer will be notified by telephone or email.

If the customer does not proceed with the Company to correct the erroneous elements or contrary to the present general conditions of sale appearing in his order, the Company reserves the right to cancel the order and the payment purely and simply.


Article 5 – Ordering by phone from the Customer Relations Department

Ordering by telephone is not possible.
 

Article 6 – Internet order on the Site

The order taking on the Site is subject to strict compliance with the procedures described below also materialized by a succession of different screens on which are indicated the successive phases that the customer must imperatively respect to validate his order.
 
6.1 First step: selection of items by the customer
On the Site, the customer, after having carried out the verification of items (price, characteristics, etc.) selects, enters and validates the identification and the quantity of items that he wishes to order (the availability of which must be confirmed by the Company if applicable); these items are added to its “Shopping Cart”.

6.2 Second step: confirmation of selected items and validation of the order
Once the customer has completed his selection and wishes to validate the composition of his "Bag", he must then identify himself.
 
The customer must also validate:
- the delivery address of the order, it being specified that the said address may possibly correspond to the place of habitual residence of a third-party beneficiary chosen by the customer or, failing this, to the address of the company in which the third-party beneficiary carries out his professional activity;
- the desired shipping method (express or standard mail);
- the amount of the shipping costs of the order being specified on that occasion.
Once all this information is regularly entered and validated, the price of the items, as defined in Article 8 below, as well as the shipping costs are automatically displayed.

6.3 Step 3: Choose the payment method by the customer
The payment of the customer’s purchases is done by credit card only: are accepted the cards of the network "CB", Visa, Eurocard, Mastercard, American Express. Cards issued by banks domiciled outside France must be international bank cards.
 
In this context, the customer undertakes to make the payment via a bank card of which he is personally holder and bearing his identity (surname and first name). The customer communicates his credit card number and/or bank details to the Customer Relations Department by telephone. For online payment on the Site: the client accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority. The customer must provide their credit card number and/or bank details by completing the online payment form.
After communicating their bank card number, the customer then clicks on the “VALIDATE” button to debit their bank account.

6.4 Fourth step: within a maximum period of six (6) days, the customer receives an acknowledgement, in the form of an email, of the order by GALERIE LAURENT STROUK mentioning the order number, the articles, their quantity, the unit price and total, the method of payment and the address indicated by the customer.
In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of email for the confirmation by the Company of the content of his order.
Per exception maximum six (6) time limit on the above days, the email acknowledging receipt of orders accompanied by payments made with an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been credited with the sums due by the client.


Article 7 – Proof of order
 
In general, it is provided by express agreement between the Company and the Customer that the emails will be authentic between the parties as well as the automatic registration systems used by the Customer Relations Department or on the Site the nature and date of the order.
In addition, the Company retains the elements relating to any order and makes them available to the customer upon request sent by the latter to: store@stroukgallery.com or to GALERIE LAURENT STROUK - Customer Service, 5, rue du Mail 75002 Paris. It is however recommended, for orders placed on the Site, that the customer also keep a copy (in electronic format and/or on paper) of the elements related to his order (for example, email sent by the Corporation pursuant to section 6.4 above).


Article 8 – Price of items
 
The prices communicated by the Customer Relations Department or displayed on the Site are indicated in Euros and include all taxes (including taxes), excluding delivery costs. The invoiced prices are those in force on the date of the order. The amount of transport costs related to the delivery of the items will automatically appear on the Site when validating the shipping method chosen by the customer (see article 6.2 above) and will be communicated again to the customer when confirming their order by email. In accordance with the provisions of Article L.121-19 of the French Consumer Code, the customer will receive, at the time of delivery, written confirmation of the price paid, and the delivery costs charged to him.


Article 9 – Delivery
 
The delivery of the items may only take place:
- at the customer’s place of habitual residence;
- either to the delivery address indicated by the customer at the time of the order, bearing in mind that said address must correspond to the place of habitual residence of a beneficiary chosen by the customer, otherwise, at the address of the company in which he carries out his professional activity;
- on the understanding that it cannot, in any event, be carried out either in hotels or at post office boxes. In this regard, the customer undertakes to have communicated, during the validation of his order, the exact address of his habitual residence. Delivery of the items will take place, after the payment of the order amount has been recorded, at the delivery address indicated by the customer. In accordance with the provisions of article L.121-20-3 of the French Consumer Code, the delivery of the ordered items will take place:
- at the latest within 30 days of the date of the order;
- either, within the time limits for which the customer will be notified beforehand in case of temporary unavailability of said article accepted by the customer:
(i) at the time of ordering from the Customer Relations Department by telephone;
(ii) at the time an item is added to their “Shopping Bag” and prior to accepting their order. The Company will deliver the ordered items by standard or express mail according to the choice made by the customer.
 

Article 10 – Retention of title
 
The company reserves the ownership of book articles until the full payment of their principal and interest price. Payment is made at the actual collection of the price. In the event of complete of partial non-payment, the company  may without formal notice claim the article or articles that may have been delivered by the company t the customer.
 

Article 11 – Intellectual Property Rights
 
The customer is granted a license to use the Site which remains the exclusive property of the Company, which created and put online the web pages, images and source scripts, the basic data composing it. Consequently, the Customer shall not distribute or reproduce the Site, in whole or in part, in any form whatsoever.
The same applies to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. Likewise, are strictly prohibited, without express prior written consent of the Company:
- the creation of hypertext links to any of the pages or any of the elements composing the Site;
- any use not in accordance with this license of use of the Site and in particular, use of any of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or other direct or indirect commercial use.
 

Article 12 – Right of withdrawal and return of articles
 
In accordance with the provisions of Articles L.121-20 et seq. of the French Consumer Code, the customer has a right of withdrawal which he may exercise, without having to give reasons, within seven (7) clear days of receipt of the articles. In this context, it has the option to return the items delivered within this period, in their original packaging, in perfect condition, complete (accessories, instructions, warranty...) and accompanied by a copy of the invoice. This isn’t applicable on exhibition books and catalogues.
It will be up to the customer to keep any proof of this return, which presupposes that the items are returned by registered mail, or by any other means giving certain date, the costs of return remaining in any event at the expense of the customer. The refund of the invoiced price of the returned items shall be made, by credit to the customer’s bank account, no later than 30 days after receipt by the Company of the returned items.
Returned items that are incomplete, damaged, or soiled by the customer will not be refunded.


Article 13 – Compliance - Security
 
The customer must ensure that the items delivered to them match their order. In the event that the items delivered do not comply with his order, the customer must inform the Company as soon as possible, either by telephone with the Customer Relations Department (at the number and times indicated in article 3 above), either by email addressed to store@stroukgallery.com justifying the non-conformity of the item to the order and, after agreement of the Company, return the items in question in their original packaging, in perfect condition, complete (accessories, instructions, warranty...) and accompanied by a copy of the invoice.
 
The return of the item must be carried out by registered mail, or by any other means giving certain date, the costs of return being – if the non-compliance of the item found by the customer is proven – at the expense of the Company. In the absence of possible exchange of the returned item and if the customer does not wish to have a credit note with the Company, the refund of the invoiced price of the returned non-conforming items will be made, by credit to the customer’s bank account, no later than 30 days after the receipt by the Corporation of the returned items. The refund of the costs of return and delivery of the non-compliant items will be made by credit to the customer’s bank account after the customer sends proof of the said costs.
Notwithstanding the specific warranty conditions possibly given to the customer with the article delivered, the articles of the Company are subject to the legal guarantees of articles L. 211-4, L. 211-5, L. 211-12, L. 211-13 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code.


Article 14 – Force majeure
 
The performance by the Company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or of force majeure which would hinder or delay the performance.
 

Article 15 – Non-derogation
 
The fact that the Company refrains from requiring at any time the performance of any of the provisions of these General Conditions of Sale cannot be interpreted as a renunciation to later invoke said total or partial non-performance.
 

Article 16 – Personal data
 
16.1 The personal data relating to the customer collected by the Site are processed within the framework of the execution of this agreement in accordance with the provisions of Law no. 8-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004. They are necessary for the management of the commercial relationship between the parties. The customer guarantees the accuracy of the information provided and will be solely responsible for any incorrect, incomplete or outdated information. Any change of address, name, email or any other identification element that may be necessary for the proper management of the business relationship must be notified directly to the Site. The latter may in no case be liable in the event of failure to receive an offer or benefit from outdated or misinformed information.
The data controller is GALERIE LAURENT STROUK. Thus, every customer has a right of access, rectification and opposition to the processing of personal data concerning him that he may exercise by email to the address or by postal mail to the correspondent Informatique et libertés of the company GALERIE LAURENT STROUK, with a copy of an identity document.

16.2. The Site may, with the prior consent of the Customer, use this data in the context of direct marketing operations by addressing to the Customer, by any medium whatsoever and by SMS, email or postal mail, information on similar products or services or additional products or services offered by GALERIE LAURENT STROUK and GALERIE LAURENT STROUK.
At any time, the customer can assert his right of opposition under the above conditions.
 
16.3. In order to facilitate the identification and navigation of the Client, the Client expressly authorizes the Site to deposit on the Client’s hard drive a "cookie" file intended to facilitate such identification and navigation on the Site. Customers who refuse to deposit such a file on their hard drive must identify themselves every time they visit the site in order to be recognized and access their personal information (carts in progress, wish list, contact details, etc.).

16.4. GALERIE LAURENT STROUK also uses cookies to implement display, text or video advertising programs, dynamic or not. These advertisements are displayed on third-party websites, proprietary cookies (such as Google Analytics or Google Adwords cookies).
The customer can at any time disable Google Analytics features for display advertising and customize Google Display Network ads via the Ads Preferences Manager.
 

Article 17 – Validity of the General Conditions of Use
 
If any of the provisions of these General Conditions of Use are declared void in whole or in part, the other provisions and other rights and obligations arising from these General Conditions of Use shall remain unchanged and shall remain applicable.
 

Article 18 – Disputes - Applicable law - Jurisdiction
 
These General Conditions of Use are subject to French law. In the event of difficulties arising in the ordering or delivery of the articles of the companu, the customer shall have the possibility of seeking an amicable solution before any legal action, especially with the help of a consumer association or any other council of its choice. If no amicable solution is found, the French courts shall have jurisdiction to hear the dispute, unless otherwise provided in regulation no. 44/2001 of December 20, 2000 on jurisdiction, recognition and implementation of decisions in civil and commercial matters (Brussels I).