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1. General Provisions

GALERIES FRANÇAISES is a French-law limited liability company (Société à Responsabilité Limité), registered in the Paris Trade and Companies Register under number 828 033 902, domiciled at 4 PLACE DE L'OPERA, 75002 PARIS (hereafter referred to as the « Seller »).

1.1 Definitions

• Annex(es): document(s) describing the NFT and detailing, where applicable, the associated Content. 

• Blockchain: a transparent, decentralized information storage and transmission technology that can be used to validate and secure any data exchange.

• GTC: refers to these general terms and conditions of sale for non-fungible tokens.

• Content: refers to the graphic, audio, video or other physical or digital content accessed by the Client after the purchase. 

• Client: non-professional buyer who purchases NFTs from the Seller. The term "non-professional buyer" is to be understood, on the one hand, as a consumer, i.e., any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and, on the other hand, as a non-professional, i.e. any legal entity acting for purposes which do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity.

• Ledger: refers to an account book or ledger containing all the financial transactions of an organization. The Seller does not sell the Ledger.

• NFT: designates the non-fungible token, which is a certificate of ownership and digital authenticity, issued and managed on a Blockchain, to which Content may be associated.

• Wallet: a virtual wallet in which NFTs can be stored. The Seller does not sell Wallets.

2.  Subject matter of the contract
2.1. The subject matter of these GTC is to define the conditions under which the Seller supplies the NFTs to the Client. They apply, without restriction or limitation, to all purchases of NFTs made by the Client.
2.2. The Client acknowledges that the purchase of the NFT implies that the Client will own the rights to the NFT itself, including the rights to hold, sell and transfer the NFT, within the limits of the rights assigned by the author of the underlying work.
2.3. As from their acceptance by the Client, the General Conditions apply to all NFT purchased by the Client, to the exclusion of any other document. Consequently, these Conditions replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements between the Seller and the Client.
2.4. The Client acknowledges that they are responsible for acquiring, entirely at their own expense, a means of receiving the NFT (Wallet or Ledger).
2.5. The Client declares that they have accepted these GTC in their entirety prior to any purchase of NFT.
2.6. These GTC may be amended from time to time, to take account of changes in legislation and regulations. The version applicable to the Client's purchase of NFT is that in force on the date of acceptance of the Order by the Seller under the conditions set out below.
 
3. NFT purchasing process
3.1. The sales contract will not be considered as final until the Seller has received the full price of the NFTs. Prior to this date, and in accordance with the provisions of articles L.112-1, L.112-2 and L.141-1 of the French Consumer Code, these GTC are made available to all purchasers for information purposes.
3.2. In any event, the GTC do not constitute a sale or bind the Client to purchase NFTs.
 
4. NFT allocation
4.1. The Seller will send an e-mail to the Client confirming that the NFT purchased has been transferred to the Client's Wallet.
4.2. NFTs are digital products which cannot be delivered physically. NFTs may be allocated to the Client in the manner indicated by the Seller to the Client by e-mail as well as in these GTC.
4.3. Allocation is made in one of two ways:
4.3.1. If the Client has a Wallet address, the NFT is sent to that address.
4.3.2. If the Client does not have a Wallet, the NFT may be allocated to the Client through a Ledger.
4.3.3. If the NFT is associated with physical Content, the latter will be delivered in accordance with the conditions set out in the corresponding Annex.
4.4. The Seller will use third-party suppliers in the process of creating and allocating NFTs. Any delays due to congestion of the Internet network or the Blockchain or due to other problems beyond the control of the Seller shall not be attributable to the Seller.
4.5. In order to receive the purchased NFT, the Client must comply with the instructions set out in these GTC.

​5. Personal data
5.1. The Client is informed that the Seller is likely to collect and process data concerning them in accordance with the General Data Protection Regulation n°2016/679 of 27 April 2016 (RGPD) and the "Informatique et Libertés" law n°78-17 of 6 January 1978 amended by law n° 2018-493 of 20 June 2018 relating to the protection of personal data.
5.2. The data is collected for the purposes of managing their contractual or pre-contractual relations (invoicing, accounting, settlements, allocation of NFTs). This data includes information such as surnames, first names, postal address, e-mail address, telephone number, bank details and wallet address.
5.3. Clients are hereby informed that they have the right to access, rectify, delete, port, oppose and limit this data by contacting the Seller. Requests must be made in writing to the address:
salome@latelier55.com
Any complaint concerning the legislation applicable to data protection may be made to the French Data Protection Authority (Commission nationale de l'informatique et des libertés): www.cnil.fr.
 
6.NFT’s price
6.1. Except in the case of special conditions specific to the sale, the prices of the NFTs sold are those shown in the price catalogue on the day of purchase.
6.2. On that date, these prices are fixed and final. They are expressed in the legal currency (EURO €) and are stated both before and after VAT.
 
7. Terms of payment
7.1. The Seller reserves the right to suspend or cancel the sale in the event of non-compliance with the payment terms set out below.
7.2. The price of NFTs is due on the date shown on the invoice.
7.3. Payment methods. The Seller accepts the following methods of payment:

• Credit or debit card.

• Bank transfer.

 
8. Warranties
8.1. Legal warranties
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal conformity guarantee implies an obligation on the part of the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal conformity guarantee gives consumers the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:
1° The trader refuses to repair or replace the goods.
2° The goods are repaired or replaced after a period of thirty days.
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods.
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity. 
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
Any period of immobilization of the goods with a view to their repair or replacement suspends the guarantee that remained in force until the delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.