- PARTIES. BwahT, Buried with all this Teeth, and The Art of Gregory Evans has its base in the northwest of France, and is hereafter referred to as “Artist.” The person, parties or company purchasing paintings, prints, and works of original art, are hereafter referred to as “Collector.” The work of original art as our object forwarded to collector shall be termed as “Work.”
- PRICE – PAYMENT. Unless otherwise stated, Collector shall be responsible for all additional costs beyond the price of the Work if applicable, including shipping and applicable insurance, customs related fees, tariffs, duties and taxes. No Work will be shipped without payment having been made in full. Acceptance of payment on part of the Artist indicates contractual agreement to provide Work indicated to collector as paid for and both the Artist’s and Collector agreement to all terms as set out in this agreement.
3. SHIPMENT; DELIVERY; RISK OF LOSS. Title to and any risk of loss or damage to Work shall pass to Collector as soon as the Work is delivered by Artist to the carrier. Tracking and specific delivery dates are provided when possible, and Artist shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Work. Collector shall also be responsible for any additional costs incurred after Work has shipped. In the case of damage during delivery, Insurance claims shall be the responsibility of the Collector to report directly and immediately to the carrier/delivery agent .
Collector is welcome to arrange for their own preferred carrier. When Collector arranges own shipping and pickup from France to the Work’s destination, it is also the responsibility of the Collector to purchase their own insurance or waive it as unnecessary or undesired. Note: Be assured the Artist meets strict and thorough standards of packaging of fine art (refer to 5. CLAIMS; COMMENCEMENT OF ACTIONS).
4. WARRANTY. Artist warrants that the product is an original Work of art of the Artist (including prints). Prints are sold as new, hand-made Works are sold “as is” and in substantial compliance with the quality and condition portrayed on Artist’s website. Due to variations in reproduction of actual colors when applied to digital media and color scheme/settings of individual computer monitors and other visual devices, the Artist cannot warranty any reproduction’s (i.e. catalog, website, etc) exact similitude to the original Work. Identical images published using different media, e.g. an original painting, giclee print (poster), image on a website etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different from the original. This is attributed to the differences between types of media, consequently the Artist is not responsible for any variation in images modified by media. Please rest knowing, however, that each Work of art is a piece of either printed or fine art, and all colors and compositions are done with the sole intent to create Works of displayable art and geared towards pride in ownership.
5. CLAIMS; COMMENCEMENT OF ACTIONS. It’s advised that Collector shall promptly inspect all parcels upon delivery to identify any damage resulting from shipment. Claims for damage to original painted canvasses can only be made if insurance is paid for. Collector agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through insurance, and Artist shall not be liable for any claims or damages, covered or not, by collector’s Insurance. If a color in an image does not match your favorite vase on a side-table, the Artist is responsible for nothing.
6. LIMITATION OF LIABILITY. In no event shall Artist be liable to Collector for any special , indirect, incidental or consequential damages arising out of or as the result of the sale, delivery, non-delivery, installation, servicing, use or loss of use of the Work or any part thereof. If a color in an image does not match your favorite vase on a side-table, the Artist is responsible for nothing.
7. PAYMENTS and FINANCING – Artist requires payment in full for all Works purchased prior to shipping. If financing is offered via Artist involving a third party (e.g. Paypal X4), then both Artist and Collector are bound by those terms of said third party.
8 . CANCELLATIONS. After acceptance of payment by Artist, an order shall not be subject to cancellation by Collector except with Artist’s advance consent and upon terms that will indemnify Artist against all direct, incidental and consequential loss or damage. Mistake purchases, regrettable impulse buys, or Collectors (buyers) remorse are the sole responsibility of the Collector and cannot be refunded by the Artist. This is detailed here – Cancellation, Returns, Refunds Policy.
9. ENTIRE AGREEMENT AND ACCEPTANCE. This document contains the entire agreement between Artist and Collector and constitutes the final, complete and exclusive expression of the terms of the agreement. By making payment of any Work, buyer indicates clear and explicit acceptance of this agreement. The payment for a Work is contract of the sincerity of the Collector’s desire and implies agreement in full to these terms.
10. GOVERNING LAW. This document and the sale of all Products shall be governed by the laws of France and in accordance with European Online Dispute Resolution (ODR) platform. Whenever there is a conflict of laws, the substantive laws of France shall prevail. The parties agree that all disputes shall be settled by the process described on our Cancellation, Returns, Refunds Policy.
11. COPYRIGHT. The Collector understands and agrees that the copyright of the intellectual property (the Work) are retained by the original Artist creating the Work, and that the transaction considered herein is not a sale or license of the Copyright of any said Work to Collector. Collector agrees not to reproduce or copy the Product.
12. RIGHT TO MODIFY. The Art of Gregory Evans and its brands Buried with all his Teeth and BwahT Posterprints retain the right to change or modify these terms and conditions as they apply.
Buried with all his Teeth – Gregory Evans
20 Rue des Etangs, 53800 La Selle Craonaisse FRANCE
buriedwithallhisteeth@gmail.com
07 88 13 07 52
Siret 49301560600038 – forme juridique BNC
capital social – €500
