General terms and conditions
We are happy to welcome you to the website www.headmadefactory.com. We do our best to keep the information displayed on this website accurate and updated. Of course, for every question or addition information, you can contact us by email: firstname.lastname@example.org or by phone: +594 (0)694 43 36 35 from Monday to Friday, from 9 a.m. to 5 p.m. (Caribbean time zone).
Headquarters: S/C Onumah Nkpa 35 Lot Mont Vernon 3
97150 St Martin
Siret number: 533 737 987
President : Onumah Nkpa
Phone number: +590 (0)590 39 40 69
Email address: email@example.com
TERMS AND CONDITIONS
The website www.headmadefactory.com was created by HeadMade Factory hereafter known as HMF, which is its owner. These terms and conditions of use and sale aim to define the rights and obligations of the parties within the scope of the online sale of goods and services provided by HMF to the customer hereafter known as client.
Terms and conditions acceptance
Any order taken involving a product appearing in the online shop HMF’ STORE of the website www.headmadefactory.com requires prior consultation of these general terms and conditions. As a result, the client acknowledges being fully informed that his agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the works presented as part of the shopping part of the website and any other services ordered on estimate.
The client has the right to save or edit these general terms and conditions, since both the safeguard and the edition of this document are his sole responsibility. When placing the order, the client acknowledes having read the terms and conditions and accepts them unconditionally.
The present general conditions of sales govern the contractual relationships between HMF, the artist involved in the sale and the client, with the three parties accepting them unreservedly. These general conditions of sales prevail over any other conditions present in any other document, except express and written prior exemption.
The artists benefit from an exhibition and sale space on the website www.headmadefactory.com. HMF handles regularly the communication about the artists’ works on social media like Facebook, Instagram and others…
HMF does not stock the works.
HMF puts the artists through to the buyers they have to send the work to (at their expense)
HMF keeps 25% of the amount of the work’s value in the event of a sale and gives the artists 75% no more than 8 days after the purchase date.
In the event of a litigation following the works’ dispatch, HMF will not refund the artist the 25% of the amount, as the artist remain accountable for the dispatch of their work to the client and the refunding of those 25% in case of customer complaint.
The products and services on sale
All the works proposed are unique pieces created by living contemporary artists. This status gives rise to a right of tax deduction for the firms*. The acquisition of a work of art gives no representation, distribution or reproduction right to its purchaser. Only the artist keeps their right on their creation. Any use of the works’ visuals will have to be subjected to an authorization request to the artist via HMF as they will remain the client’s intermediary. HMF informs the client that there might be slight differences in terms of color between the work displayed on the website, and the original work delivered.
* A special deduction is intended for the firms that buy original works from living artists to exhibit them in a space accessible to the general public for free or to the employees, except for their individual offices for five years. They can – under certain conditions, notably if they are registered on an account of permanent assets – deduct the acquisition price from their taxable result treated in a non-accounting way.
You can deduct it from your taxable result by fraction of equal value, since the first purchase year and then for the next four years.
Important: each deducted fraction must stay below the limit of 5% of the turnover.
For example, if your turnover is €300,000 you can deduct €1,500/year. Then over 5 years, the amount is equivalent to €7,500 worth of works of art.
The photographs selected by HMF are available in a limited edition (1 set of 5 photographs depending on the size). As a result, we will have to validate ourselves every order’s issue number. If this number exceeds the limitation of the set, the order will be canceled. An email will be sent to the client to inform them about the situation.
THE DRAWING BOOK “RACONTE-TOI” (NARRATE YOURSELF)
The drawing book “Raconte-toi” (Narrate Yourself) is intended to be distributed by the humanitarian aid to the children on location, following a natural disaster.
Each set of books is a special order that necessitates a request for an estimate and specific terms of sale for each situation. This order is subjected to a bill of specifications requested by the backer to HMF.
THE HMF SERVICES
HMF is able to meet a variety of requirements in terms of cultural engineering and professionalization tools for artists. Each situation requires an individualized analysis and a request for en estimate: the terms and conditions will be adapted to each situation.
PLACING AN ORDER
The automatic registration systems are considered as proof of the nature, content and date of the order. HMF confirms to the client the acceptance of its purchase order to the email address the client will have communicated. The sale will be concluded only after the confirmation of the order. HMF reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order. The information stated by the buyer during the order taking, undertake it: if error in the address of the recipient, the seller can not be held responsible for failure in which it could be to deliver the product.
All transactions are shown in Euro including tax and VAT. Shipping cost shall be paid for by the artist put through to the buyer. Any customs or import duties, or any other local taxes or taxing rights or State taxes levied once the package reaches your destination country will be your responsibility – in terms of declaration and payment to the appropriate local authorities – as we have no control over these charges and cannot predict them. We advise the client to get some information about those aspects from their local authorities.
HMF reserves the right to change its prices at any time but the works will be invoiced at the prices current at the time of the order. The works remain under HMF’s responsibility until complete payment of the price. The artist will then be informed of the work’s purchase and will have to consequently provide an invoice and a certificate of authenticity to the client via HMF.
The client will be informed of the availability of the works they desire to purchase. However, if despite our vigilance the products proved to be unavailable after the client’s order, the latter will be informed and invited to cancel or modify their order or refunded by the end of the month or under 30 days.
The price invoiced to the client is the price indicated on the order confirmation. The price of the products is due in full on the effective order date. All the payment operations made by credit card are made directly on our PayPal account or by bank transfer (we will provide you with our bank account details upon request). The Sales Order validated by the client shall not be considered effective until the secured bank payment center involved has given its approval. In case of refusal of the said center, the order will be canceled and the customer notified by email.
PROOF OF THE TRANSACTION
The computerized databases, preserved in the information technology systems of HMF under reasonable conditions of safety, will be regarded as the evidence of the communications and of the orders occurred between the parts. The archiving of our order, forms and invoices, is done on reliable and long lasting supports in order to provide a true and long lasting copy.
HMF allows you to pay for your purchases directly using completely secure methods. HMF Payments are securely transmitted by Paypal, the electronic payment system. None of the client’s payment data is stored on the website, thus eliminating any possibility of fraud through the hacking of our website.
Each work will be directly sent by the artist via the company the client will have chosen with them. The artist commits to inform the client once the product is sent. HMF cannot be held responsible instead of the artist in case the latter fails to send the information to the client. Works purchased on www.headmadefactory.com are delivered worldwide.
Delivery is made to the address the client provides at the time of ordering. It is up to the client to inspect the shipment upon arrival and to express any reservations or complaints which appear justified to the artist who is responsible for the delivery of the package, and their assurance. Shipping charges are calculated based on the actual weight of the order and the shipping destination. Delivery delays fall under the responsibility of the transporters as soon as the client receives their package’s tracking number. HMF cannot be held responsible for the consequences of a delayed delivery.
In case of a lost package, we can only proceed to a refund once an official statement of loss has been made by the French postal system, that is to say after 31 days. We decline all responsibility in case of force majeure (strike, extreme weather …)
GUARANTEES AND COMPLAINTS
All complaints must be sent by email to the artist – HMF must be copied on this email – including contact details, order delivery number, the artwork reference which appears on the delivery slip and the reasons for the complaint.
If the client is unsatisfied with their purchase, they have 8 days from the time of receipt to return it. Shipping and return fees will be at their expense. Only 75% of the price of the purchased pieces will be refunded to the client by the artist, who is the beneficiary of this amount. HMF will keep the remaining 25% charged for the service of intermediary between the artist and the client. The present right of return will only be accepted for pieces in their original condition and sent back in an equivalent manner to its original packaging, along with a copy of the purchase invoice.
All returns must be sent to us, and signed upon delivery. This service will be at your expense. Any piece that is damaged or deteriorated will not be accepted, exchanged, or refunded under this guarantee.
The refund will be paid within15 days of receiving the piece(s). All orders that are not shipped within 30 days will be canceled and 100% refunded to the customer.
LITIGATIONS AND RESPONSIBILITIES
This contract is subject to French law. The language of this contract is French. HMF cannot be held accountable for damages of any kind, whether physical, tangible or intangible, that may result from misuse of purchased pieces. In any event, the responsibility of HMF is limited to the amount of the order. In case of dispute, the client should first contact HMF and the artist in order to find an amicable solution. In case of dispute, only the French courts will be competent. HMF cannot be held accountable in case of non-compliance to legislations of the country where products are delivered. It is the client’s responsibility to verify import allowances for the products they wish to order with local authorities.
HMF cannot be held liable for breach of contract, in case of force majeure, disruption, total or partial strike of postal services or transport strike, flood or fire, or any other natural disaster.
The collection of personal information is necessary for mail-order sales, this information being indispensable for processing and delivery of orders and the preparation of invoices. Non-disclosure of personal data will lead to non-validation of an order.
Users who have provided personal information via the website have the right to access, modify, or remove the data that concerns them. In order to exercise that right, they must send an email to HMF at: firstname.lastname@example.org
HMF will not disclose its customers’ contact information to third parties for purposes other than the sound delivery of their order. We remind you that minors do not have the capacity to contract. Parents or guardians must be informed of any data collection from minors.