Terms & Conditions
These terms of business (the "Terms & Conditions") apply to and govern all use of price4design.com web site (the "Site") and apply to all services that are provided through the Site, including but not limited to all sales of goods offered for sale on this Site (the "Item").
1. Terms & Conditions
The Site provides a marketplace for Buyers to purchase Items online, from Sellers that price4design.com have authorized as Sellers on price4design.com. Any sales of Items are made between the Buyer and the Seller. The role of price4design.com is limited to making the Site available, maintaining the Site, and facilitating the sales transaction. price4design.com is thereby an intermediary and not an agent neither for the Buyer nor the Seller for any purpose.
The Site is designed for Buyers accustomed to buying Items based on photographs. Such Buyers are aware that Items are not new, unless otherwise stated, or in perfect condition, and may require touch-up or repairs prior to use, and that the available information about the Items may be limited. Due to the speed at which many Items sell, it is not possible for price4design.com to verify any information provided by the Seller.
It is important that the information provided by the Buyer in the purchase process is correct and it is the Buyer's own responsibility, to ensure that the basic Buyer information is correct and complete, including the e-mail address and other details. Buyers can always check this information where any necessary corrections can be made.
2. The Sale and the Sales Process.
By clicking on the "Purchase" button, the Buyer makes a purchase of the Seller's Item, which may not be cancelled or revoked by the Buyer.
Hereby, the Buyer accepts that price4design.com Terms & Conditions shall govern the sale agreement between the Seller and the Buyer. The Buyer irrevocably agrees to pay the Total Purchase Price. The "Total Purchase Price" is the price agreed to on the Site and includes:
(i) the agreed price of the Item (the "Purchase Price") and
(ii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Seller or price4design.com is required to collect from the Buyer under applicable law at the time of sale and
(iii) when applicable, the price4design.com Service fee.
The Buyer irrevocably authorizes price4design.com to charge the Total Purchase Price and, when applicable price4design.com Service fee
price4design.com accepts responsibility for the proper use of a Buyer's funds deposited and disbursed through the Site, but does not accept any responsibility for any circumstances relating to the Seller or the Items, including but not limited to any negligence, misconduct or other inappropriate or unbusinesslike behaviour by a Seller in connection with any sales transaction entered into on or through the Site.
2a. Collection of Item.
If the buyer and seller have made other arrangement regarding matters stated in this clause (2a), those shall prevail. If the buyer has chosen price4design.com Service the provision regarding collection shall prevail.
A purchased Item is available for collection at the Seller's premises directly after confirmation from the Seller. The Buyer must collect the Item from the Seller no later then fifteen (15) days from the sale, after which the funds from the sale is released to the Seller. The Buyer must present a printed receipt for the purchase of the Item in order to collect the Item, and the Seller is entitled to hand over the Item to any person that presents such receipt.
Once an Item has been collected from the Seller, either by the Buyer or on behalf of the Buyer, or upon the Buyer's failure to collect the Item within 15 days from the sale, price4design.com has the right to release the funds to the Seller, and shall have no further responsibilities in relation to the sale of an Item.
3. Delivery, Transfer of Title and Risk of Loss.
If the buyer and seller have made other arrangement regarding matters stated in this clause (3), that arrangement shall prevail. If the buyer has chosen the price4design.com Service the provision regarding delivery shall prevail.
The Item is delivered when the Buyer or any person on behalf of the Buyer, collect the Item from the Seller. The risk of loss of and damage to each Item will pass to the Buyer upon the collection of an Item by the Buyer or on any person on the Buyer's behalf.
The title to an Item is transferred to the Buyer upon the collection of the Item by the Buyer or on its behalf. The Seller has represented to price4design.com that the Seller is the sole owner of each Item the Seller is offering for sale on the Site or that the Seller is duly authorized by the owner of the Item to sell the Item and that the Seller will transfer the title of the Item to the Buyer free from any claims by third parties upon collection of the Item.
Any complaints or claims that the Buyer may have regarding the purchase of an Item shall be addressed directly to and handled by the Seller.
If the buyer and seller have made other arrangements regarding matters stated in this clause (4), that shall prevail. If the buyer has chosen the price4design.com Service the provision regarding shipping etc shall prevail.
Arrangement of collection, shipping, packaging and obtaining of insurance coverage of a sold Item is the sole responsibility of the Buyer and the Buyer shall bear all costs for this.
price4design.com may offer to assist the Buyer with the shipping process, including facilitating information and payment between Buyer and shipper as well as managing and monitoring shipping status on behalf of the Buyer.
Any recommendation of a shipper and other services related to the shipping process is provided by price4design.com for the Buyer's convenience only. price4design.com shall have no liability whatsoever for providing any assistance to the Buyer in respect of the shipping process and the Buyer shall not hold price4design.com responsible for the shipping process.
5. Taxes and Import/Export Duties.
The Buyer is entirely responsible for paying all taxes and duties and all transactional taxes or levies related to the purchase of each Item (collectively, "Taxes"). The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer of its obligation. It is the Buyer's responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into any other country.
6. Import/Export Restrictions.
Some of the Items sold on the price4design.com site may require cultural, customs and endangered species permits for export from the country where they are located and import into the Buyer's country. Items may also be subject to a right of the country, from which they are exported, to purchase the Items from the Buyer, sometimes called a "right of pre-emption". Neither the Seller nor price4design.com makes any representation, gives any warranty or shall have any liability to the Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of pre-emption rights to purchase by governmental or regulatory authorities anywhere.
7. As-is sale.
All Items displayed on the Site are sold "as is". Neither the Seller nor price4design.com makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Neither the Seller nor price4design.com makes any representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
8. Disclaimer of Liability.
The Site is provided on an "as-is" and "as available" basis. price4design.com makes no representation or warranty of any kind, express or implied, with respect to the Site, any Items offered for sale or sold on or through the Site or any Seller, including without limitation: (a) any representation or warranty that the Site meets the Buyer's requirements, will always be accessible, uninterrupted, timely, secure or operate without error; (b) any representation or warranty that the information provided at the Site is correct, complete or accurate; (c) any representation or warranty with respect to title to or delivery of any Item; (d) any representation or warranty with respect to intellectual property rights in any Item; (e) any representation or warranty that any Item conforms to the description of the Item or the colours, texture and detail shown on the Buyer's computer monitor; or (f) any representation or warranty regarding the character, reputation or business practices of the Seller.
The Buyer must direct all claims regarding an Item to the Seller and must resolve any dispute regarding any Item directly with the Seller.
9. Limitation of Liability.
To the maximum extent permitted by law, the Buyer releases price4design.com from all claims, demands, liabilities, actions, losses and damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages (including without limitation lost profits, revenue and/or data), related to or arising out of or in connection with the Terms & Conditions, the Site, the inability to use the Site, any Item offered for sale or sold through the Site or any other goods or services purchased or obtained or transactions entered into through the Site.
The Buyer agrees to defend and indemnify price4design.com from all losses, damages, liabilities, costs (including without limitation attorneys' and paralegal' costs and fees) and claims arising out of or related to the use of the Site by the Buyer, the purchase of Items by the Buyer, the nature or quality of the Items, and any disputes between the Buyer and the Seller of the Items.
10. Refusal of Transaction.
price4design.com reserves the right to withdraw any Item from the Site and to amend any content on the Site at any time. price4design.com may refuse service to anyone at any time at its sole discretion. price4design.com will not be liable to the Buyer or any third party because it has withdrawn any Item from the Site, amended any of the content of the Site or denied access to the Site.
11. Site Monitoring.
price4design.com reserves the right to, but is not obliged to do so, monitor any activity and content on the Site. price4design.com may investigate any reported violation of applicable law, the Terms & Conditions and any other policy applicable to Buyers and Sellers or transactions on the Site and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site.
12. Compliance with Laws.
The Site may be used only for lawful purposes and in a lawful manner. The Buyer agrees to comply with all applicable laws and regulations regarding the use of the Site and any transaction conducted on or through the Site.
13. Access and Interference.
All persons accessing the Site agree that they will not, by automatic device or manual process, monitor or copy the Site or its content without the prior written permission of price4design.com; they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site; and they will not do anything that imposes an unreasonable or disproportionately large load on the price4design.com infrastructure.
14. Proprietary Information and Use of Site Information.
The Site and all content on the Site are the proprietary property of price4design.com or its licensors with all rights reserved. Except with the prior written consent of price4design.com, no person may use or reproduce information on Items or Sellers available on the Site for purposes other than purchasing Items on the site and arranging delivery, payment and shipment. price4design.com retains the copyright of all photographs, illustrations, digital images and written material produced and any form of web site design and content, including the category and sub-category system and any object and materials published by price4design.com.
price4design.com is a protected trademark
All copyright and rights in performances in this website, including but not limited to text, photographs, graphics, design and layout, is owned by ODC GROUP or the Dealers with all rights reserved.
The contents of price4design.com are intended for the personal and non-commercial use of its users. The images in each showroom are the property of the publishing dealer. No person may use or reproduce information on Items or Sellers/Dealers available on the Site for purposes other than purchasing Items on the site and arranging delivery, payment and shipment.
It is expressly prohibited, without the prior written consent of price4design.com and/or the Dealers, to: modify, transmit, re-use, repost, display, publish, permanent copy, distribute any of the material; it is also expressly prohibited to participate in the transfer or sale, create derivative works from or compile, store, reproduce or incorporate any part of the content in any other work or publication, whether paper or electronic media or other form, or in any other way exploit any of the content, material, including pictures and illustrations, or services, in whole or in part, without obtaining prior written authorization from the copyright holders.
price4design.com ensures privacy and security in relation to processing of personal data during communication between the Buyer and price4design.com and the use of the Site.
If any provision of these Terms & Conditions is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Conditions of Business and will not affect the validity and enforceability of the rest of the Conditions of Business.
price4design.com failure to insist upon the strict adherence to any term of the Terms & Conditions on any occasion shall not be considered as a waiver of any right hereunder nor shall it deprive price4design.com of the right to insist upon the strict adherence to that term or any other term of these Terms & Conditions at some other time.
The Terms & Conditions represent the entire agreement between the Buyer and price4design.com and the Buyer and the Seller with regard to the purchase by the Buyer of Items sold by the Seller on the Site, and the Terms & Conditions supersede and replace any other agreement between the parties including but not limited to any previous Terms & Conditions as they may have applied between the Buyer and price4design.com or the Buyer and the Seller.
Any notices to price4design.com shall be given by postal mail addressed to ODC GROUP 29 rue Michel Champignoux 86170 Neuville de Poitou FRANCE, to the attention of Olivier Delhumeau. Notices to the Buyer will be sent to the postal address or the email address on which the Buyer is registered. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless price4design.com is notified that the e-mail address is invalid, in which event price4design.com may give notice by postal mail at the address provided to price4design.com by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
price4design.com reserves all rights to make any amendments to these Terms & Conditions at any time.
20. Governing Law and Jurisdiction.
The agreement between the Buyer and the Seller and the agreement between the Buyer and price4design.com contained in this Terms & Conditions are governed by the substantive laws of FRANCE without regard to its conflicts of law principles. The Buyer, the Seller and price4design.com agree to submit any dispute arising under the Conditions of Business to the exclusive jurisdiction of the French Courts.