Terms and Conditions

Last Updated: 27-Nov-2024

For any additional information on the protection of personal data, we invite you to check the following web site: https://www.cnil.fr/

Continuing to browse this site constitutes unreserved acceptance of the following provisions and conditions of use.

The currently online version of these conditions of use is the only one enforceable for the entire duration of use of the site and until a new version replaces it.

1. LEGAL NOTICES

Tatiana Gomzina EI
SIRET number: 912 128 196 00017
APE code: 9003A
VAT number: FR50 912 128 196
Address: 67 bd de Reuilly 75012 Paris, France
Email address: hello(at)tatiana-gomzina.art

Editor and Publication Director: Tatiana Gomzina

The site https://tatiana-gomzina.art, hereinafter referred to as Website or Site, is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France.

2. GENERAL CONDITIONS OF USE

2.1. Access to the Site

Access to the Site and its use are reserved for strictly personal use. You agree not to use this Website and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, including the sending of unsolicited emails.

2.2. Site Content

All brands, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications which could be used to operate this Website and more generally all elements reproduced or used on the Site are protected by the laws in force regarding intellectual property.
They are the full and complete property of the Editor or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Editor, is strictly prohibited. The fact that the Editor does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

2.3. Site Management

For the proper management of the Site, the Editor may at any time:
– suspend, interrupt or limit access to all or part of the Site, reserve access to the site, or to certain parts of the Site, to a specific category of Internet users;
– delete any information that may disrupt its operation or contravene national or international laws;
suspend the Site in order to carry out updates.

2.4. Responsibilities

The Editor cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Site or one of its functionalities.
The connection equipment to the Site that you use is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.

The Editor cannot be held responsible in the event of legal proceedings against you:
– due to use of the site or any service accessible via the Internet;
– due to your non-compliance with these General Conditions.

The Editor is not responsible for damage caused to you, third parties and/or your equipment as a result of your connection or use of the Website and you waive any action against it as a result.

If the Editor were to be the subject of an amicable or legal procedure due to your use of the Site, they may turn against you to obtain compensation for all damages, sums, convictions and costs which could arise from this procedure.

2.5. Hyperlinks

The establishment by users of any hypertext links to all or part of the Site is authorized by the Editor. Any link must be removed upon simple request from the Editor.

Any information accessible via a link to other sites is not published by the Editor. The Editor has no rights to the content present in said link.

2.6. Data collection and protection

Your data is collected by the individual company Tatiana Gomzina.
Personal data means any information relating to an identified or identifiable natural person (data subject); a person who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more specific elements, regarding their physical, physiological, genetic, psychological, economic, cultural or social caracteristics.
The personal information that may be collected on the site is mainly used by the Editor to manage relations with you, and where applicable for the processing of your orders.

For more information we invite you to consult our Privacy Policy available at the following address:
https://tatiana-gomzina.art/privacy-policy/

2.7. Cookies

What is a “cookie”?
A “Cookie” or tracer is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read for example when consulting a website, reading an email, or installing or the use of software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).

Detailed information on the Cookies used by this Website is available in our Cookies Policy: https://tatiana-gomzina.art/cookies-policy

2.8. Photos and representation of products

The product photos, accompanying their description, are not contractual and do not bind the Publisher.

2.9. Applicable law

These Conditions of Use of the Site are governed by French law and subject to the jurisdiction of the courts of the Publisher’s head office, subject to a specific attribution of jurisdiction resulting from a particular law or regulation.

2.10. Language

These Conditions of Use are written in French. This English translation is only made for courtesy purposes. In the event of dispute, only the French text will be authentic.

 

3. GENERAL CONDITIONS OF SALE

3.1. General

These General Conditions of Sale (hereinafter Conditions or General Conditions) apply to all sales concluded on the tatiana-gomzina.art Website (hereinafter Site or Website). The Site sales the original works of art by Ms. Tatiana Gomzina (hereinafter the Artist).

The Buyer declares to have read and accepted the General Conditions of Sale prior to placing his order. Validation of the order therefore constitutes acceptance of the General Conditions of Sale.

3.2. Principles

These General Conditions express the entirety of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Site and will prevail, where applicable, over any other version or any other contradictory document. No other document of the Buyer, such as the general conditions of purchase of the Buyer, can govern the relations between the Buyer and the Artist.
The Artist and the Buyer agree that these General Conditions of Sale exclusively govern their relationship.
The General Conditions of Sale may be subject to modifications depending on the evolution of the Site, at any time. It is up to the Buyer to consult them regularly to check the version in force at the time of the order. The applicable General Conditions of Sale are those in force at the time of validation of the order.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These General Conditions of Sale are valid until December 31, 2030.
IF THE BUYER DOES NOT WISH TO BE BOUND BY THESE CONDITIONS THEY SHOULD NOT PROCEED WITH ANY ORDERS.

3.3. Subject

The Artworks offered for sale on the Site are either unique original pieces created by the Artist or reproductions of these original pieces created by the Artist or under his control. Due to the artisanal nature of the Artworks, and particularly in the case of limited editions, the photos of the Artworks are not contractual. Each Artwork is delivered with a certificate of authenticity.

3.4. Buyer Declarations

The Buyer undertakes to:
– Use the Site only to consult it or place orders that are legally compliant.
– Do not make any inaccurate or fraudulent statement. If the Artist has doubts about the accuracy or fraudulent nature of the information communicated by the Buyer or the order, he will be authorized to cancel the order and take any appropriate measures in such a situation. The Artist assumes no responsibility for any damage and/or costs that may result.
– Provide his email address, postal address, telephone number and/or other contact details necessary to fulfill the order precisely and accurately. The Buyer consents to the Artist using this information to contact him if necessary. If the Buyer does not provide all the required information, the Artist may not process the order.

By placing an order on the Site, the Buyer declares to be over 18 years old and to have the legal capacity to conclude the purchase contracts offered on the Site.

Unless expressly accepted by the Artist, the Artworksorks offered for sale on the Site are not intended for resale, nor for consumption or use in the context of a commercial, industrial or artisanal or liberal activity. The Buyer therefore acknowledges that he is the final consumer and undertakes not to trade in the products. Likewise, these Artworks are not intended to be used for advertising or communication purposes for any activity or cause.

3.5. Pre-contractual information

The Buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and all the information listed in article L. 221- 5 of the Consumer Code and in particular:
– the essential characteristics of the Artwork.
– the price of the Artwork.
– if applicable, all additional transport, delivery or postage costs and all other possible fees and charges.
– in the absence of immediate execution of the contract, the date by which the Artist undertakes to deliver the Artwork.
– information on the withdrawal period or cases where the Buyer does not benefit from this withdrowal period as well as any costs linked to the execution of this right.

3.6. Availability of Artworks

The Artworks sold by the Artist on the Site are either unique pieces or limited editions. Consequently, the availability of the Artworks depends on the Artist’s stock and any sales that may have occurred in the meantime. The Artworks available on the Site are immediately put up for sale, unless otherwise indicated in the case of an exhibition, or any other ongoing event which would make the Work temporarily unavailable for online sale. The Artist will make his best efforts to update the availability of his Artworks on the Site. However, it is possible that one or more Artworks may be temporarily unavailable and yet visible on the Site for a limited time.

If the Artworks ordered are available, the Artist will send an order confirmation to the Buyer by email. In the event that the Artworks are not available, the Artist will inform the Buyer by email in order to propose another delivery time, or indicating that the Artwork is definitely unavailable. In the event that the new delivery date is not accepted by the Buyer, the order will be automatically canceled and the price will be refunded to the Buyer within fourteen (14) days. In the event that the new delivery date is accepted by the Buyer, the Artist will send an order confirmation to the Buyer as soon as possible.

3.7. The order

The Buyer may place his order online, from the online catalog and using the form provided therein, for any Artwork, within the limit of available stocks.

For the order to be validated, the buyer must accept, by clicking on the indicated place, these General Conditions. He must also choose the address and method of delivery, and finally validate the method of payment.
The sale will be considered final:
– after the Artist has sent the confirmation of acceptance of the order to the Buyer by email;
– and after receipt by the Artist of the full price.
Any order constitutes acceptance of the prices and description of the Works available for sale.

The online provision of the Buyer’s bank card number and the final validation of the order will constitute proof of the Buyer’s agreement:
– payability of the amounts due under the order form;
– signature and express acceptance of all operations carried out.

The Artist provides the Buyer with an order confirmation by email.

In the event of fraudulent use of the bank card, the Buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: hello(at)tatiana-gomzina.art and to contact as soon as possible his bank and/or the competent authorities.

For any questions relating to the tracking of an order, the buyer can contact the Artist by email at the following address: hello(at)tatiana-gomzina.art.

3.8. Proof of the transaction

The computer records, stored in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

3.9. Product information

The Artworks governed by these General Conditions are those that appear on the Artist’s Site and/or that are indicated as sold and shipped by the Artist. They are offered within the limits of available stocks.
The Artworks are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the Artist cannot be held liable.
The photos of the Artworks are not contractual.

3.10. Prices

The Artist reserves the right to modify his prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices are expressed in euros. For the convenience of Buyers, prices may be displayed in certain currencies other than the euro; however, the Artist is not responsible for any bank fees applicable in the event of payment in a currency other than the euro. The prices displayed do not take into account delivery costs, invoiced in addition, and indicated before validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the Artworks on the Site.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Artworks.

3.11. Payment method

This is an order with payment obligation, which means that placing the order implies payment by the Buyer.
To pay for his order, the Buyer has the choice of all the payment methods made available to him by the Artist and listed on the Site. The Buyer guarantees to the Artist that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form. The Artist reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The Artist reserves the right in particular to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
Payment of the price is made in full on the day of the order, by bank card or any other means of payment made available on the Site.

3.12. Terms of delivery

Delivery means the transfer to the Buyer of physical possession or control of the Artwork.
Each order is delivered to a single address. If the Buyer requests delivery to more than one address, he/she must place separate orders.

The Artworks are delivered to the address indicated by the Buyer on the order form; the Buyer must ensure its accuracy. Any package returned to the Artist due to an incorrect or incomplete delivery address will be reshipped at the Buyer’s expense.

It is the Buyer’s responsibility to ensure that each Artwork ordered can be delivered without difficulty and in particular to check that the dimensions of the Artworks communicated at the time of purchase are compatible with the constraints of the delivery location (e.g. parking of the delivery vehicle, stairs, elevator, corridors, doors, etc.). The Artist will not be responsible if an order cannot be delivered to the place desired by the Buyer, taking into account in particular its volume or the characteristics of the place or of the Artwork.

The Artworks are shipped from France. Any order made on the Site can be shipped to France as well as to certain foreign countries.

The delivery costs do not include the installation of the Artworks.

All of our Delivery Conditions applicable to any sale made on the Site are available at the following address: https://tatiana-gomzina.art/shipping/

3.13. Right of withdrawal

In accordance with the provisions of the Consumer Code, the Buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain on Buyer’s charge.

Returns must be made in their original condition and complete (packaging, accessories, etc.) allowing their resale in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for talor made Artworks made according to the Buyer’s specifications.

The conditions of returns applicable to Artworks purchased on the Site are available at the following address: https://tatiana-gomzina.art/returns

3.14. Force Majeure

The Buyer and the Artist shall not be liable for any failure to perform or delay in the performance of any of their obligations, when such failure to perform or delay is due to events beyond their control, which could not reasonably have been foreseen when placing or accepting any order and the effects of which cannot be avoided by appropriate measures (“Force Majeure Event”).

Force Majeure Events may include any act, event, omission or accident occurring at the Artist’s premises or those of its suppliers, including, strike, lock-out or other industrial action, civil riot, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic or other natural disaster, inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private, inability to use public or private telecommunications systems, acts, decrees, legislation, regulations or restrictions of any government or public authority which would prevent the performance of the contract.

It is understood that the obligations will be suspended for the duration of the Force Majeure Event without the Buyer or the Artist being liable and without compensation, from the date of occurrence of this Force Majeure Event. The Buyer and the Artist will have an extension of the deadline to fulfill their obligations for a period equal to that of the Force Majeure Event.

If the event were to last more than 3 months from the date of occurrence thereof, the order may be terminated by the most diligent party. The Customer will then be reimbursed for the amount of his order, without being able to claim damages.

The Buyer and the Artist will implement all appropriate means to end the Force Majeure Event or to fulfill their obligations despite the Force Majeure Event.

3.15. Intellectual Property

The physical ownership of the Artwork is only transferred to the Buyer after full payment of the Price of the Work, including delivery costs, to the Artist. The Artist remains in any event the owner of (i) the intellectual property rights attached to the Artworks sold, in accordance with the Intellectual Property Code as well as (ii) all content reproduced and distributed on the Site.

The transfer of ownership of the Artwork is not accompanied by the transfer of the related property rights, namely the right of representation and the right of reproduction, which are and remain the property of the Artist.

In accordance with the provisions of the Intellectual Property Code, any total or partial exploitation or reproduction of the Artworks without the Artist’s authorization may give rise to prosecution for counterfeiting. The Buyer undertakes not to exploit the Artwork for commercial purposes.

In the event of a donation of the Artwork, the Buyer undertakes to give it under the same conditions as those set out in these General Conditions of Sale, and to send the Artist a copy of the donation contract signed by both parties.

Finally, any temporary public presentation of all or part of the Artwork is subject to the prior agreement of the Artist and must be the subject of an exhibition contract between the parties.

In any event, the Buyer shall allow the name of the Artist to appear legibly on the Artwork. The Buyer also undertakes never to harm the Artwork, not to distort it and more generally to respect its integrity.

3.16. Data Protection and Liberties

The personal data provided by the Buyer is necessary for processing his/her order and issuing invoices.
It may be communicated to the Artist’s partners responsible for the execution, processing, management and payment of orders.
The Buyer has a right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the conditions and according to the terms defined on the Site.

3.17. Partial non-validation

If one or more stipulations of these General Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

3.18. Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these General Conditions cannot be interpreted for the future as a waiver of the obligation in question.

3.19. Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

3.20. Contract language

These General Conditions of Sale are written in French. This English translation is only made for courtesy purposes. In the event of dispute, only the French text will be authentic.

3.21. Mediation and dispute resolution

The Buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

3.22. Applicable law

These General Conditions are governed by French law.
This is the case for both substantive and formal rules. In the event of a dispute or complaint, the Buyer will contact the Artist as a priority to obtain an amicable solution.

3.23. Protection of Personal Data

Your data is collected by the individual company Tatiana Gomzina.
Personal data means any information relating to an identified or identifiable natural person (data subject); a person who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more specific elements, regarding their physical, physiological, genetic, psychological, economic, cultural or social caracteristics.
The personal information that may be collected on the Site is mainly used by the Artist to manage relations with you, and where applicable for the processing of your orders.

For more information we invite you to visit our Privacy Policy available at the following address:
https://tatiana-gomzina.art/privacy-policy/

The Artist reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the Artist undertakes to publish the new version on the Site. The Artist will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she has the option of deleting his or her account.

3.24. Security and confidentiality

The Site implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.

Contact us

For any questions, information on the products presented on the Site, or concerning the Site itself, you can leave a message at the following address: hello(at)tatiana-gomzina.art.