CGU

1. Scope of application

1.1. These General Terms and Conditions of Use (hereinafter referred to as "Terms of Service") govern the use of the PRIVATE CHOICE website operated by PROTEIFORM’ PRODUCTIONS, a single-member limited liability company, registered with the Paris Trade and Companies Register under number 495277659, with its registered office located at 225, rue du Faubourg Saint-Honoré – 75008 Paris, represented by Mrs. Nadia Candet (hereinafter referred to as "Private Choice").

2. Website content

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

The information contained on the site is as accurate as possible, but may however 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 sites connected to its links, and Private Choice cannot be held liable for them.

2.2. The Website also presents the works of art sold by Private Choice.

3. The Works available on the Website

3.1. You have the option of viewing works of art sold by Private Choice and reserving one or more works of art online (hereinafter the "Work" or the "Works") on the Website. Any natural or legal person (individual or professional) who reserves a Work on the Website is hereinafter referred to as the "Client."

3.2. Any reservation of a Work made on the Website is subject to prior knowledge and unreserved acceptance of all of these Terms of Service. Unless otherwise agreed, the Terms of Service exclude any consideration of the Client's general conditions.

3.3. Private Choice's offers are exclusively intended for 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 for the purpose of commercial resale.

3.4. The Works available on the Website for reservation are:

• works of art in the form of a unique piece;
• 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 form of categories: painting, photography, sculpture, video, drawing, lights/mirror, seating, console/table, carpet/embroidery/textile, ceramics/dishes/vase/candle holder.

Each of the Works is presented on the Website in the form of a dedicated page, including photographs, a precise description of the Work, namely materials, dimensions, method of manufacture where applicable, as well as the purchase price.

The information relating to the Works available on the Website thus allows the Client 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 its place of destination.

4. Work reservation process

4.1. The process of reserving Works takes place in the following stages:

• stage 1: the Client selects the Work(s) he wishes to reserve;
• stage 2: the Client clicks on the "Reserve/MAKE AN APPOINTMENT" button allowing him to reserve the Work(s) and fix an appointment with Private Choice;
• stage 3: once the Works have been chosen by the Client, he must confirm his appointment request, enter his information and contact details concerning him;
• stage 4: a summary page appears allowing the Client to check the information he has entered and allowing him to correct any errors (information concerning him, Works concerned) by clicking on "Modify" for each data field;
• stage 5: the Client can cancel his appointment request at any time by closing his Internet browser window. If the Client wishes to validate his request, he confirms the appointment by clicking on the confirmation button ["I confirm my request"].

4.2. Upon receipt of the Client's request, Private Choice will send the Client a proposal for appointment slots.

Initial contact is generally made via email using automated procedures. The Client must ensure the accuracy of the email address provided for the execution of their request in order to receive emails sent by Private Choice. In particular, Clients using anti-SPAM filters must ensure that they can receive all emails sent by Private Choice.

4.3. Refusal to process a request

Private Choice reserves the right to remove any artwork displayed on the Website at any time and to replace or modify any content or information appearing on it. Despite Private Choice's best efforts to meet the expectations of its clients, it may have to refuse a booking request.

Private Choice shall not be liable to the Client or any third party for any damages resulting from the removal of an artwork from the Website, or from the replacement or modification of any content or information on this Website, or from the refusal to process an appointment request.

5. Prices of Works

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 applicable VAT, excluding delivery costs. Any additional delivery and shipping costs are determined after the order, based on quotes provided by Private Choice at the Client's request.

In the event that customs duties, local taxes or import duties are payable, they are the sole responsibility of the Client. It is the Client's responsibility to make the declarations and payments required by the competent authorities and/or organizations. It is the Client's responsibility to obtain information from the competent authorities before purchasing the Works.

5.2. No purchase transaction of artworks takes place through this Website. The purchase and payment of the Works may occur directly between Private Choice and the Client during the appointment or subsequently. Under no circumstances can the reservation of a Work be considered as a purchase, Private Choice reserving the right to refuse any transaction with the Client.

6. Legal guarantees

6.1. All the Works available on the Website benefit from the legal guarantee of conformity (hereinafter « Guarantee of Conformity ») as defined in articles L. 217-4 and following of the Consumer Code on the one hand and the guarantee against hidden defects (hereinafter « Guarantee of Hidden Defects) as defined in articles 1641 and following of the Civil Code.

6.2. Legal Guarantee of Conformity

Article L. 217-4 of the Consumer Code: « The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where it has been made its responsibility by the contract or has been carried out under its responsibility ».

Article L. 217-5 of the Consumer Code: « To comply with the contract, the goods must: 
1) Be fit for the purpose 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) have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, including in advertising or labeling; 
2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted. »

Article L. 271-12 of the Consumer Code: « The action resulting from the lack of conformity is barred by limitation two years after delivery of the goods. »

6.3. Guarantee against hidden defects

Article 1641 of the Civil Code: « The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them ».

Article 1648 of the Civil Code: « The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect ».

7. Intellectual property rights

All the Works available on the Website are protected by copyright and/or by a design right under the provisions of the Intellectual Property Code.

The reservation of a Work on the Website does not under any circumstances confer the right for the Client to exploit the intellectual property rights protecting the Work. Consequently, the Client 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 Intellectual Property Code.

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

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

Consequently, the Client refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of Private Choice and the authors of the Works.

8. Availability of the Site and liability

Private Choice makes its best efforts 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 constant availability of the Website and the services offered, so Private Choice cannot be held liable in the event of impossibility of access to the Website and the services offered therein.

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

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 Website.

9. General provisions and applicable law

Private Choice reserves the right to modify these Terms and Conditions at any time by publishing a new version on the Website. The applicable Terms and Conditions are those in force on the date of the artwork reservation.

The Website is accessible in French.

These General Terms and Conditions of Use are governed by French law.