CGU

1. Fields of application

1.1. These General Terms and Conditions of Use (hereinafter "GTCU") govern the use of the PRIVATE CHOICE website operated by PROTEIFORM' PRODUCTIONS, a one-person limited liability company, registered in the Paris Trade and Companies Register under number 495277659, whose registered office is located at 225, rue du Faubourg Saint-Honoré - 75008 Paris, represented by Mrs Nadia Candet (hereinafter " Private Choice ").

2. Website content

2.1. The www.privatechoice.fr website (hereinafter the "Website") presents the activities of Private Choice.

The information contained on the site is as accurate as possible, but may contain inaccuracies or omissions.

Our site may contain hypertext links to other websites or other resources available on the Internet. Private Choice has no means of controlling the sites connected to these links, and Private Choice cannot be held responsible for them.

2.2. the Internet Site also presents the works of art sold by Private Choice.

3. Works available on the Website

3.1. You may view works of art sold by Private Choice and reserve one or more works of art online (hereinafter referred to as the "Work" or "Works") on the Internet Site. Any individual or legal entity (individual or professional) who reserves a Work on the Internet Site is hereinafter referred to as the "Customer".

3.2. Any reservation of a Work made on the Internet Site is subject to prior knowledge and unreserved acceptance of the entirety of these GCU. Unless otherwise agreed, the GCU exclude any consideration of the Customer's general terms and conditions.

3.3. Private Choice offers are intended exclusively for private individuals and professionals acting as end consumers. Commercial resale of the Works is prohibited. Private Choice reserves the right to refuse reservation requests if they appear to be intended for commercial resale.

3.4. The Works available for reservation on the Internet Site are :

- works of art in the form of unique pieces;
- works of art in the form of numbered limited editions;
- works of art in the form of numbered non-limited editions.

The Works are presented on the Website in the following categories: painting, photography, sculpture, video, drawing, lights/mirror, seat, console/table, carpet/embroidery/textile, ceramic/faize/vase/bougeoir.

Each of the Works is presented on the Website in the form of a dedicated page, including photographs, a precise description of the Work, i.e. materials, dimensions, method of manufacture if applicable, and the purchase price.

The information relating to the Works available on the Internet Site thus enables the Customer to know the essential characteristics of the Work he wishes to reserve and to ensure that it corresponds to his expectations and in particular to his destination.

4. Work reservation process

4.1. The reservation process for Works takes place in the following stages:

• step 1: the Customer selects the Work(s) he wishes to reserve;
• step 2: the Customer clicks on the "Reserve/PRENDER RVD" button to reserve the Artwork(s) and make an appointment with Private Choice ;
• step 3: once the Customer has chosen the Works, he must confirm his request for an appointment and enter his personal information and contact details;
• step 4: a summary page appears, enabling customers to check the information they have entered and to correct any errors (information concerning them, Works concerned, etc.) by clicking on "Modify" for each data field;
• step 5: the customer may cancel the appointment request at any time by closing the browser window. If the customer wishes to confirm their request, they confirm the appointment by clicking on the confirmation button ["I confirm my request"].

4.2. Upon receipt of the Customer's request, Private Choice will send the Customer a proposal for an appointment slot.

Contact is generally made by e-mail using automated procedures. The Customer must ensure that the e-mail address he/she indicates for the execution of his/her request is correct in order to be able to receive the e-mails sent by Private Choice at this address. In particular, Customers using anti-SPAM filters must ensure that they can receive all e-mails sent by Private Choice.

4.3. Refusal to process a request

Private Choice reserves the right to withdraw any Work displayed on the Internet Site at any time and to replace or modify any content or information appearing on the Internet Site. Despite Private Choice 's best efforts to satisfy its customers' expectations, it may be necessary for Private Choice to refuse to process a reservation request.

Private Choice shall not be liable to the Customer or to any third party for the harmful consequences of the removal of a Work from the Website, or of the replacement or modification of any content or information appearing on this Website, or of the refusal to process a request for an appointment.

5. Artwork Awards

5.1. The purchase prices of the Works are set by Private Choice. Unless otherwise stated by Private Choice in the description of the Works, the prices displayed are total prices in euros including the applicable VAT, excluding delivery costs. Any additional delivery and shipping costs are fixed after the order has been placed, on the basis of an estimate provided by Private Choice at the Customer's request.

In the event that customs duties, local taxes or import duties are payable, they are the sole responsibility of the Customer. It is the customer's responsibility to draw up the declarations and payments required by the competent authorities/organizations. It is the Customer's responsibility to check with the relevant authorities before purchasing the Works.

5.2. No transaction for the purchase of Works takes place via this Internet Site. The purchase and payment of Works may take place directly between Private Choice and the Customer during the appointment or afterwards. Under no circumstances may the reservation of a Work be considered an act of purchase, and Private Choice reserves the right to refuse any transaction with the Customer.

6. Legal warranties

6.1. All the Works available on the Internet Site benefit from the legal guarantee of conformity (hereinafter referred to as the "Conformity Guarantee") as defined in articles L. 217-4 et seq. of the French Consumer Code and the guarantee against hidden defects (hereinafter referred to as the "Hidden Defects Guarantee") as defined in articles 1641 et seq. of the French Civil Code.

6.2. Legal Warranty of Conformity

Article L. 217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

Article L. 217-5 of the French Consumer Code: "To conform to the contract, the goods must :
1) Be fit for the use usually expected of similar goods and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; b) present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2) Or have the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L. 271-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred two years after delivery of the goods.

6.3. Warranty against hidden defects

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them".

Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".

7. Intellectual property rights

All of the Works available on the Website are protected by copyright and/or design rights in accordance with the provisions of the French Intellectual Property Code.

The reservation of a Work on the Internet Site in no way confers on the Customer the right to exploit the intellectual property rights protecting the Work. Consequently, the Customer expressly refrains from reproducing and representing the Work, which acts are subject to the prior written authorization of its author under the provisions of the French Intellectual Property Code.

In addition, all the content of this Website, all the texts, comments, photos, trademarks, logos, illustrations and images of the Works on the Website, the graphic charters, the software, without this list being limitative, are protected by intellectual property and for the whole world.

Any reproduction or representation in whole or in part of the Website of any of these rights and Works, without the express authorization of Private Choice , is strictly forbidden and would constitute an act of counterfeiting prohibited by the Intellectual Property Code. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement which may incur the civil and criminal liability of the infringer. In addition, the owners of copied content may take legal action against you.

Consequently, the Customer shall refrain from any action likely to infringe, directly or indirectly, the intellectual property rights of Private Choice and the authors of the Works.

8. Site availability and liability

Private Choice makes every effort to provide access to the Website 24 hours a day, 7 days a week, subject to force majeure, possible technical breakdowns and technical interventions necessary to ensure the proper functioning of the Website.

Private Choice cannot under any circumstances guarantee the constant availability of the Internet Site and the services offered, so that Private Choice cannot be held liable in the event of impossibility of access to the Internet Site and the services offered therein.

Private Choice also reserves the right to interrupt the Internet Site and the services offered at any time, without Private Choice being held liable in this respect.

In general, Private Choice cannot be held responsible for any damage caused by third parties resulting from the use of the Site and the services present on the Internet Site.

9. General provisions and applicable law

Private Choice reserves the right to modify these GCU at any time by publishing a new version on the Internet Site. The GCU are those in force on the date the Work is reserved.

The Website is accessible in French.

These Terms and Conditions are governed by French law.