Come into force as of February 13, 2022
These conditions of sale are concluded on the one hand by the company NEW ART PLACE, a simplified joint stock company, with a share capital of €1,000 whose head office is located at 6 rue Singer, 75016 Paris, registered in the Trade Register and of the Paris Companies, under the number
893912311 and under intra-community VAT number FR61893912311, (hereinafter “NEW ART PLACE”), publisher of the site accessible at the address www.newartplace.com (hereinafter the Site), reachable by email at address contact@newartplace.com and by telephone at 06.69.43.02.51 (non-premium rate call excluding the cost of your operator) and, on the other hand, by any natural or legal person wishing to make a purchase via the Site, (hereinafter after “Buyer”).
ARTICLE 1: OBJECT
These conditions of sale aim to define the contractual relations between NEW ART PLACE and the Buyer and the conditions applicable to any purchase made through the Site (hereinafter the “CGV”).
The acquisition of a product via the Site implies unreserved acceptance by the Buyer of these conditions of sale of which he acknowledges having read prior to his order.
NEW ART PLACE retains the possibility of modifying the T&Cs at any time, in order to comply with any new regulations or in order to improve the use of its Site.
Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.
ARTICLE 2. PRE-PURCHASE CONDITIONS
The products offered on the Site are exclusively intended to be sold to end consumers, natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers.
Consequently, the Buyer affirms that he acts as a final consumer and that he does not intend to resell the products purchased on the Site for commercial purposes.
To be able to make a purchase on the Site, the Buyer must meet the following conditions:
• Have reached the age of legal majority in their country or have parental authorization allowing them to make purchases on the Site;
• Have the legal capacity to contract;
By making their purchase, the Buyer therefore declares and confirms that they are acting as a consumer, on a non-commercial basis, that they are of legal age and have full legal capacity allowing them to contract with NEW ART PLACE.
NEW ART PLACE is not able to verify the legal capacity of its visitors and Buyers.
Consequently, if a person who does not have legal capacity places an order on the Site, their legal guardians (parents, guardians, in particular) would assume full responsibility for this order and should in particular honor the price.
NEW ART PLACE reserves the right to refuse any order that is manifestly disproportionate, the quantities of which appear abnormal to a consumer or which appear to characterize professional supply made for commercial purposes.
ARTICLE 3. PRODUCTS
The Buyer can purchase after creating a customer account on the Site:
- one or more museum exhibition tickets in digital version which may contain functionalities or options such as an audio guide or a virtual tour;
- One or more digital museum exhibition ticket books that may contain features or options such as an audio guide or a virtual tour.
The tickets and notebooks are together referred to as the “Products”.
The Products have a validity period of one year from the purchase on the Site.
For more details, please click on the following link.
NEW ART PLACE reserves the right to modify at any time the catalog of digital exhibitions offered on the Site.
Each online exhibition is presented on the Site in the form of a description with its main characteristics (poster and title of the exhibition, name of the museum, period of availability on the Site).
The photographs of the works presented during the online visit are as faithful as possible.
In particular, the Buyer is informed that the images and videos as well as the color rendering composing them, depend on the screen and the computer systems used. Differences in color may therefore exist for which NEW ART PLACE cannot be held responsible.
ARTICLE 4. PRICES
The prices appearing on the product sheets in the digital exhibition catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order to the exclusion of any other possible tax that may be applicable ( hereinafter the “Prices”).
Any change in the VAT rate may be reflected in the price of the Products without delay. The current price is that indicated on the Site, except for typographical errors for which the company NEW ART PLACE would not be responsible.
Taxes may vary depending on the Buyer's location.
When the Buyer is domiciled outside France, the payment of duties or taxes as well as various bank charges will, where applicable, be his responsibility.
The invoiced price is payable in full and in a single payment upon validation of the order.
NEW ART PLACE reserves the right to modify the Prices at any time, it being understood, however, that the Price on the day of the order will be the only one applicable to the Buyer.
ARTICLE 5. CREATION OF A CUSTOMER ACCOUNT, PURCHASE AND PAYMENT TERMS
5.1. Creation of a customer account
The Buyer has the option of creating a customer account either by clicking on the “My Account” icon at the top right of the Site or when placing an order.
The account creation form has mandatory fields and optional fields, which will be indicated as such: to create an account, it is necessary to complete all mandatory fields marked with an asterisk.
It is the Buyer's responsibility to provide only complete, accurate and current information and, where applicable, to subsequently modify through their account or by contacting customer service any information that has become obsolete or erroneous.
The creation of the account will be confirmed by sending an email to the email address provided.
The account, the password as well as any other information allowing access to the account are strictly confidential information that the Buyer undertakes not to communicate to third parties.
As the viewing link for the digital exhibition is personal, the Buyer is strictly prohibited from communicating it to third parties.
The Buyer is solely responsible for the use made of his account by any third party in the event that he has communicated his access data or even in the event of imprudence or negligence on his part.
Creating an account allows the Buyer to:
- track your orders and view your order history;
- modify the billing address for future orders;
- modify any data relating to your personal account.
The Buyer can deactivate his account at any time by sending an e-mail to contact@newartplace.com or by clicking on "Contact" in the burger menu on the Site's home page.
After deactivating his account, the Buyer is free to create a new account at any time.
NEW ART PLACE reserves the right to delete any account that does not comply with the General Terms and Conditions.
5.2. Purchasing process
The Buyer can freely browse the Site without being committed to an order.
To order a ticket for a digital exhibition, the Buyer must follow the online purchasing procedure, the main steps of which are as follows:
- Click on the “Discover the exhibitions” link on the home page or on “Exhibitions” in the burger menu on the Site’s home page;
- Choose the desired exhibition from the catalog by clicking on “Discover” under the poster of the desired exhibition;
- Click on “see the exhibition”;
- Click on “I register” if the Buyer is not already a customer of the Site or “I connect”;
- Click on “buy a ticket” or use a ticket;
- Click on “validate my order”;
- Depending on the Buyer's choice, click on "view the exhibition now" or "view the exhibition later".
The digital exhibition may be viewed by the Buyer for a maximum period of 72 hours from activation of the viewing link.
NEW ART PLACE offers the Buyer the option to order and pay for their products by:
- Payment secured by debit card ;
- by a PayPal account.
To order a ticket book, the Buyer must follow the online purchasing procedure, the main steps of which are as follows:
- Click on the Burger Menu on the home page;
- Click on “ticketing”;
- Click according to the Buyer's choice "buy 1 ticket (7€ incl. VAT)" or "buy 1 book of 10 tickets (70€ incl. VAT) plus one free ticket" or "Buy 2 books of 10 tickets or 20 tickets plus two free tickets (140€ incl. VAT) »
5.2. Payment terms
Payment can be made from France or internationally using bank cards from the following networks: Visa, Carte Bleu and Mastercard.
In the event of payment by bank card, the Buyer is redirected to the secure AXEPTA interface of BNP PARIBAS in order to securely enter the details of his bank card (his card number, its expiration date, the name of the card holder and the visual cryptogram located on the back of the bank card). All data exchanged between the Buyer and BNP PARIBAS are protected against hacking attempts.
If paying by PayPal, the Buyer is redirected to the PayPal interface.
The Buyer must read the General Terms and Conditions by checking the box provided for this purpose before proceeding to pay for the order.
The Buyer must click on “Authorize payment” to make the final payment for the order.
At the end of this process, the sales contract will then be definitively formed.
All the data provided and the recorded confirmation will constitute proof of the transaction.
NEW ART PLACE will communicate to the Buyer by email confirmation of the registration of their order as well as the corresponding invoice to the address entered when creating the customer account.
NEW ART PLACE reserves the right to refuse to honor any order from a potential Buyer with whom it is in dispute.
The Products are neither refundable nor exchangeable.
ARTICLE 6. RIGHT OF WITHDRAWAL applicable only if the Buyer is a consumer
6.1 Right of withdrawal
The Buyer, since he constitutes a consumer within the meaning of the introductory article of the Consumer Code, has a right of withdrawal, without having to justify reasons or pay penalties, a right which he can exercise via:
- the withdrawal form within 14 (fourteen) calendar days following the date of receipt or withdrawal of the Order in application of article L.221-8 of the Consumer Code;
- by contacting NEW ART PLACE by email.
In the event that this period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the first following working day.
NEW ART PLACE will acknowledge receipt of the withdrawal electronically.
The Price of the Products will be refunded within 14 (fourteen) days to the bank account where the payment was made.
6.2. Exceptions to the right of withdrawal
Pursuant to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised:
- for the purchase of an e-ticket or a booklet if they have already been used partially or in full by the Buyer;
- for the purchase of an e-ticket for a digital exhibition whose availability period would be less than the withdrawal period.
By activating a ticket before the withdrawal period expires, the Buyer expressly waives his right of withdrawal.
ARTICLE 7. LIABILITY
Liability under the General Terms and Conditions cannot be incurred in the event that the non-performance of NEW ART PLACE's obligations is attributable to the actions of a third party, to the fault of the Buyer or to an event of force majeure defined in article 1218 of the Civil Code.
The Buyer undertakes to:
- use the Site lawfully, in accordance with the legal and regulatory provisions in force and the purpose of the Site.
- not to interfere or interrupt the normal operation of the website.
He is strictly prohibited from:
- reproduce, duplicate or counterfeit a Product in any way;
- resell the Products purchased on the Site.
NEW ART PLACE reserves the right to cancel or inactivate any Product resold without authorization without liability being sought by the faulty seller or the Buyer.
ARTICLE 8. INTELLECTUAL PROPERTY
All intellectual property rights relating to the elements of the Site are reserved for NEW ART PLACE with the exception of those relating to the works themselves represented during the digital exhibition which belong to their author or rights holders.
The operating rights on the digital scenography of each of the digital exhibitions offered on the Site, the content of the audio guides, accessible by the Buyer as well as on the NEW ART PLACE brand belong to NEW ART PLACE.
The General Terms and Conditions do not imply any transfer of any kind of intellectual property rights over the elements belonging to NEW ART PLACE for the benefit of the Buyer.
Any use, total or partial, of an element of the Site, not expressly authorized in advance by NEW ART PLACE, is prohibited and constitutes counterfeiting.
Under these conditions, the Buyer undertakes not to make any use, copy or modification of these documents, likely to infringe the industrial and intellectual property rights of NEW ART PLACE.
The Buyer is not authorized to reproduce, exploit, distribute, modify or use for any reason whatsoever, even partially, the intellectual property rights of NEW ART PLACE, without his prior written consent.
ARTICLE 9. PERSONAL DATA AND COOKIES
NEW ART PLACE collects the Buyer’s personal data.
The purposes, recipients and conditions under which the Company collects and processes personal data are presented in the Personal Data Protection Policy and in the Site’s Cookie Use Policy.
ARTICLE 10. CONSERVATION AND ARCHIVING
10.1. Evidence and record
The computerized records, kept in NEW ART PLACE's computer systems, will be considered as written proof of communications, acceptances and management of orders unless proven otherwise.
10.2. Archiving
In accordance with article L.213-1 of the Consumer Code, NEW ART PLACE ensures the conservation of the writing recording the Buyer's order for an amount greater than or equal to 120 euros for a period of ten years from from the delivery of the order and guarantees access to it at any time during this same period upon simple request to the address appearing in the Preamble of the General Terms and Conditions.
10.3. Copy of the general conditions of sale
The Buyer has the option of saving and editing these general conditions of sale using the standard functions of his browser and via a “copy/paste” operation.
ARTICLE 11. FORCE MAJEURE
NEW ART PLACE is released from its contractual obligations in the event of force majeure or fortuitous event.
Pursuant to Article 1218 of the Civil Code, events beyond the control of the Parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid, are considered to be cases of force majeure or fortuitous events. or overcome, to the extent that their occurrence makes the performance of the obligations completely impossible.
In such circumstances, NEW ART PLACE will notify the Buyer in writing, in particular by email, within 72 hours of the date of occurrence of the events, the contract binding NEW ART PLACE and the Buyer then being automatically suspended without compensation, from the date of occurrence of the event.
If the event were to last more than 30 (thirty) days from the date of its occurrence, the sales contract concluded by NEW ART PLACE and the Buyer may be terminated by the most diligent Party, without that neither Party can claim damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing said sales contract.
ARTICLE 12. GENERAL PROVISIONS
12.1. Integrity of the sales contract
The General Terms and Conditions and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the two Parties.
In the event that there are one or more contradictions between these documents, the General Conditions of Sale will prevail.
12.2. Non-waiver
The fact that NEW ART PLACE refrains from requiring at a given moment the execution of any of the provisions of the General Conditions of Sale cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-performance.
12.3. Validity of the General Conditions of Sale
If any of the stipulations of the T&Cs is declared void in whole or in part by the judge in application of regulations in force, the other provisions and the other rights and obligations arising from these T&Cs will remain unchanged and will remain applicable.
ARTICLE 13. COMPLAINT
For any difficulty, the Buyer is invited to contact NEW ART PLACE by email: contact@newartplace.com
In the absence of an amicable resolution, the Buyer has the option, if he wishes, to request mediation under the conditions stipulated in article 14.
ARTICLE 14. MEDIATION applicable only in the event of a dispute with a consumer buyer
In the event of a dispute relating to these general conditions, the Consumer Buyer has the option of having recourse free of charge to a consumer mediator in accordance with articles L152-1 of the Consumer Code.
A list of approved mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso.
The Buyer also has the possibility of filing a complaint via the online dispute resolution platform (known as the “RLL” platform), accessible via the link below:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
In the event of failure in the appointment of the mediator or the mediation itself, the most diligent party may refer the matter to the competent court.
ARTICLE 15. APPLICABLE LAWA
The provisions of the General Conditions of Sale are subject to French law regardless of the country of residence of the Buyer and/or the place of issue of the order subject to the mandatory rules of the country of residence of the latter if the latter is a consumer.
If the Buyer is a professional, French law is exclusively applicable to him.
Any question relating to the General Terms and Conditions as well as the sales that they govern, which are not dealt with by these contractual stipulations, will therefore be governed by French law to the exclusion of any other right with the exception of the country's mandatory rules. of residence of the Buyer.
ARTICLE 16. ACCEPTANCE BY THE BUYER
The General Terms and Conditions as well as the prices applicable on the day of the order are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document.
Withdrawal Form
Please complete and return this form electronically to the following address: contact@newartplace.com or by post to the address indicated below as well as your order number only if you wish to withdraw from your order placed on the site www.newartplace.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of the Company NEW ART PLACE SAS, 6 rue Singer - 75016 Paris
I hereby notify my right and my choice to withdraw from the contract relating to the sale of the product below:
Ordered on …………………………………….. / Received on ………………………………………………………………..
Order number: ……………………………………………………………………..
Name of client(s): ………………………………………………………………………..
Order delivery address: ………………………………………………………………..
Date :
Signature of the buyer(s) (only if this form is notified on paper) :
Close