1. PURPOSE AND ENFORCEABILITY OF THE GTCS

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The purpose of the GALLERY BERGER website is to present Items from artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Items available on the site, and to define each party’s rights and obligations in such a relationship.

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The sales made through the Site are contracted directly between the Buyer and the Seller. GALLERY BERGER is not, in any respect, a reseller of the Items proposed by the Sellers through the Site. GALLERY BERGER acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect. As a result, GALLERY BERGER is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the Items and therefore the only one bound to obligations arising therefrom.

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2. ACCEPTANCE

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The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the Item order form.

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3. ORDER

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The Items are offered for sale on the Seller’s website, subject to their availability. Each of the Items offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type.

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To order an Item, the Buyer must select the Item of his/her choice and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs. GALLERY BERGER will validate the availability within 48 hours. If the Item is no longer available, an email informing the Buyer will be sent within 48 hours, canceling the order.

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4. SALES PRICES AND TERMS OF PAYMENT

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The Item’s sale price is listed on the Site in the currency set by the Buyer and by our partners in established Galleries (owned by renowned artists themselves) and includes all taxes, excepting delivery and packaging fees if applicable.

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The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of Item, its dimensions, its weight, as well as the place of delivery. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the Item is put back for sale on GALLERY BERGER’s website.

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5. DELIVERY OF THE ITEMS

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The delivery of the Items is made at the address provided on the order summary form during business hours. Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the Item, as well as the conformity of the later are the sole responsibility of the Buyer, GALLERY BERGER’s shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider.

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The Buyer must, as soon as he receives the order, check the condition of the Item, and mention any reservation immediately and in writing, at the latest within 48 hours, to GALLERY BERGER, who will transfer to the Seller.

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6. RIGHT OF WITHDRAWAL

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Once the item is paid for/received, Buyer cannot withdraw from the purchase process, which is then deemed to have been completed. Any returned Items that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, GALLERY BERGER reserves the right to decide at its sole discretion.

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7. STATUTORY GUARANTEES

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The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.

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8. FORCE MAJEURE

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In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the French courts and tribunals, i.e., an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.

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9. INTELLECTUAL PROPERTY

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The Seller guarantees that he/she is the author of the ceded Item and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties. He/she commits to protect GALLERY BERGER and the Buyer in case of any action brought by a third party about the ceded Item, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the Item. The Seller retains his/her moral right on the Item as well as the rights regarding its representation and its reproduction.

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10. DATA PROTECTION

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GALLERY BERGER gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms. GALLERY BERGER reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. GALLERY BERGER is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.

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11. APPLICABLE LAW

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These general terms and conditions of sale are governed by Bangladeshi law.

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12. MEDIATION

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In the event of a dispute, an email needs to be sent from the Buyer to GALLERY BERGER at galleryberger@bergerbd.com. Any resolution will be completed after all parties have been communicated with.

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