Terms and conditions
Effective: April 22, 2021
These general conditions of sale, services and payments are applicable to all purchases made between the company RUTH GALLERY Sarl. and third parties within the framework of its Internet sales site.
They therefore apply to all items sold or services rendered by RUTH GALLERY Sarl. within the framework of the aforementioned trade via the INTERNET. They are only applicable to Internet sales.
They always applicable, unless otherwise stipulated in a written document, signed by one or the other party for what obliges it.
RUTH GALLERY reserves the right to modify its service without any other formality than the presence of an online warning and to carry the resulting modifications in present general sales conditions.
In any case, the Customer is presumed to have to have taken knowledge of the general conditions of sale and to have accepted them by confirming the Order.
- “Art Submissions” mean user generated artwork submitted and displayed on the Ruth Gallery/Africa Prints website, potentially for sale
- “Seller”, “we”, “us” or “Ruth Gallery/Africa Prints” means Ruth Gallery/Africa Prints Ltd, registered at 19 rue de l’Industrie L-8069 Bertrange, LUXEMBOURG, RCS : B226.529
- “Buyer” means the person whose name is printed on the Order
- “Contract” means the order and Order Confirmation (incorporating any Special Conditions)
- “Defective” means containing a fault or defect
- “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
- “Order” means the Buyer’s Order for Goods or services
- “Price” means the price together with postage and packing in force at the date and time of the Order
- “Receipt” means the date when the Order has been delivered to the buyer
- “Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation
3. Formation of the contract for the sale
3.1. The information provided on the website www.africaprints.art belonging to RUTH GALLERY does not constitute in any way a contractual proposal so the simple will manifested by the purchaser to acquire them cannot make the contract alone.
3.2. On the other hand, the information given by the purchaser when he is on the website www.africaprints.art of RUTH GALLERY constitutes in his head an offer to purchase which falls within the framework of the application of the present general conditions. . Following this offer, RUTH GALLERY SARL will send an order confirmation including the price of the goods or services ordered including the related taxes as well as the price of the possible transport of the goods and the total amount to be paid by the buyer as well as the place and time of delivery.
3.3. The contract shall be deemed to have been formed on the day the confirmation e-mail is sent to the Buyer against acknowledgement of receipt.
3.4. The contract is therefore deemed to be concluded at the head office of RUTH GALLERY SARL, 19 rue de Industrie, L-8069 Bertrange.
3.5. The concluded contract is archived.
3.6. RUTH GALLERY may refuse to honor one or more orders when sufficient suspicion of evidence is established.
3.7.RUTH GALLERY has chosen a secure electronic transfer system so that none of the confidential data relating to bank details transit through the website www.africaprints.art. STRIPE checks the accuracy of the bank details given by the Customer and informs him immediately before any confirmation of the Order of the acceptance or rejection of the transaction. Payment for the Products is therefore made through STRIPE and will appear on the statement from the Customer’s payment institution.
The Customer’s account will be debited immediately after the Order confirmation in the event of delivery to our offices or home delivery of the items.
4. Proof of the contract
Without prejudice to the foregoing, the contracting parties agree that the computer records they have made within their respective computer systems under reasonable security conditions shall be accepted as proof of their relationship or of the contract binding them.
For the purposes of this contract, the storage of computer data is considered to take place under reasonable conditions of security if documents are systematically recorded in an unalterable and permanent database.
5. The right of withdrawal
With regards to a contract concluded electronically at distance, Ruth Gallery intends to identify itself with the contact details specified in article 1.
The Buyer has the right to notify the seller that he/she renounces the purchase without penalty and without giving any reason within 14 working days from the day after the delivery of the product or the conclusion of the service contract.
The withdrawal period is 14 working days for goods from the day of their receipt by the consumer if the order confirmation by e-mail of the information has been issued.
For services it is from the day of the conclusion of the contract or from the day when the order confirmation by e-mail of the information has been made or if this occurs after the conclusion of the contract provided that the period does not exceed three months.
In the absence of respect by RUTH GALLERY SARL of the obligation of confirmation of order by electronic mail, the delay of renunciation is brought to three months, for the goods as from the day of their reception by the consumer, for the services as from the day of conclusion of the contract.
If within this period of three months the order confirmation by e-mail is delivered, the period of seven working days runs from the date of said confirmation.
The Purchaser must notify his/her intention to renounce by e-mail.
The Purchaser, if he/she makes use of the aforementioned option, must return the delivered product at his/her own expense and risk to Ruth Gallery Sàrl, 19 Rue de l’Industrie, L-8069 Bertrange.
The products must be accompanied by the original invoice and the original delivery slip.The returned products must be returned in their original packaging, and must be accompanied by the original delivery note.
Ruth Gallery Sàrl will examine the returned products status within two weeks of their receipt.
If the products or their packaging have been damaged, Ruth Gallery Sàrl will notify The Buyer of the goods.
5.3. Case where the right of withdrawal is excluded.
Unless otherwise agreed, the consumer cannot exercise the right of withdrawal referred to in articles 5.1. and 5.2. for contracts:
5.3.1. for the provision of services the performance of which has begun with the consent of the consumer before the end of the waiver period of ten working days referred to in Articles 5.1. and 5.2.
5.3.2. supply of products made to The Buyer’s specifications or that are clearly personalized, or which, due to their nature, cannot be returned or are liable to deteriorate or expire quickly.
If the products are returned in their original packaging without having been damaged or used, Ruth Gallery Sàrl will reimburse The Buyer immediately after the expiration of the aforementioned two-week verification period.
6.1. Place of delivery – Agent
The purchaser shall specify in his order where he wishes the goods to be delivered. He can either have it delivered to an address of his choice, excluding a PO Box, or have it delivered to the offices of RUTH GALLERY whose address is mentioned on the site.
If he/her chooses to have the goods delivered in our offices, no transport costs will be charged to him/her. If, on the other hand, he/her chooses to have them delivered to an address he/her designates (other than the aforementioned offices) he will have to assume the transport costs such as those will be specified to him in the confirmation of order, according to the tariff appearing on the site www.africaprints.art of RUTH GALLERY SARL..
In case of absence at the time of the delivery, the buyer will be required to make an appointment with the carrier and the goods will only be delivered to him against reimbursement of the additional delivery costs incurred. The buyer will have to designate a general agent for the execution of the present agreement who will be able to validly acknowledge the receipt of the goods and for any act related to the execution of the contract in his place.
6.2. Delivery time
RUTH GALLERY SARL undertakes to deliver the goods within approximately 6 to 10 working days in the EU’s countries, Switzerland, Great Britain and the USA, and a maximum of 13 days in Iceland. .
RUTH GALLERY SARL undertakes to warn the buyer of a possible delay in delivery beyond its control.
If this exceeds by thirty days that initially subscribed by RUTH GALLERY SARL, the buyer may renounce the sale without compensation for either party.
He must notify RUTH GALLERY. by e-mail, fax or registered letter within two days of the warning given by RUTH GALLERY. He will then be re-credited with the amount of his order and the transport costs.
The goods are transported at the risk of RUTH GALLERY SARL until the delivery address of the goods specified by the buyer. From this moment, the buyer assumes the sole risks.
The buyer assumes the risks associated with the transport to RUTH GALLERY of the goods within the framework of the application of article 5 (Right of renunciation) and within the framework of the application of articles 10 and 11 (repair under warranty and Out of Warranty).
An invoice will always be issued with the delivery note.
8.1. Principle of cash payment
Payment will be made following confirmation of the order via e-mail by RUTH GALLERY SARL according to the system chosen by the buyer.
If the banking or credit organization refuses to authorize payment, RUTH GALLERY may consider the sale to be void.
Any amount owed to RUTH GALLERY SARL carries from its due date and without it being necessary to send a formal notice, an interest of 1% per month, any month started being due.
Interest will also be due at the rate specified above in the event of revocation of any payment.
In this case, interest will also be calculated from the day after the invoice is issued or the order is confirmed.
An equivalent interest of 1% per month will also be due by RUTH GALLERY to its customers for any amount unpaid by it at its due date as specified in these general conditions or within a week on a closed account sent by the customer.
8.3. Penalty clause
In case of non-payment of a RUTH GALLERY invoice or of a settled account established by the customer within eight days of the issue or sending, a fixed compensation equivalent to 15% of the amount due with a minimum of EUR 75.00 for each unpaid invoice or account closed will be due by the customer or by RUTH GALLERY for administrative, recovery, legal and extra-legal defense costs which will be incurred without prejudice to legally taxed costs.
Consequently, the minimum indemnities specified in this article will be cumulative by invoice or account closed and will add up.
8.4. Accounting for deadlines
The deadlines specified in this article are counted per calendar day and not per working day.
8.5. Retention of title
As long as the price is not fully and definitively paid or if the credit organization debits it from the account of RUTH GALLERY SARL, RUTH GALLERY SARL keeps or reinstates ownership of the items sold.
9. Obligation to accept the goods and time limit for complaints
9.1. The buyer shall be obliged to take delivery of the goods on the day following the expiry of the 14-day period specified in Article 5.
9.2. Complaints about the delivered objects or services rendered must reach RUTH GALLERY SARL at the latest within 15 calendar days from the day after the expiration of the deadlines mentioned in article 5.
9.3. The complaints will have to be exclusively addressed by registered letter to the administrative headquarters of RUTH GALLERY SARL, 19 rue de l’Industrie, L-8069 Bertrange for the attention of the management and to be imperatively accompanied by a copy of the invoice and the delivery note. No other document will be accepted under penalty of losing its rights to claim its guarantee.
9.4. After this period, the goods will be presumed to have been definitively approved as conforming by the customer, the apparent defects being irrefragably presumed non-existent.
9.5. It is however up to the customer to prove what he claims to be a lack of conformity.
10. Seller’s guarantee
RUTH GALLERY SARL guarantees the goods it sells in accordance with the law.
RUTH GALLERY SARL is the supplier of the commercial guarantee.
The invoice, the delivery note and the certificate of authenticity, excluding any other document (such as a proof of payment), will have to be produced to allow the application of this article.
No guarantee beyond the provisions of these terms and conditions may be invoked against.
The territorial scope of the warranty extends to all countries of the European Community.
10.2 Consumer rights
10.2.1 In the event of a lack of conformity, the Buyer has the choice of returning the goods and having the price returned or keeping the goods and having part of the price returned. There is no need to cancel the sale or to reduce the price if the seller replaces or repairs the goods. The resolution of the sale cannot be pronounced if the defect of conformity is minor.
The responsibility of RUTH GALLERY SARL in relation to the poor quality of a print is limited to its replacement by another print of the same edition or another print of the same artist if the edition turns out to be sold out.
10.4 Return after replacement
The buyer must designate the place where he wishes to have the goods delivered.
The expenses of return are chargeable to RUTH GALLERY SARL.
11. General responsibilities of the buyer
11.1. The Buyer is not allowed to erase completely or partially or to make invisible the marks and/or signs of recognition brought on the products.
12. Respect for intellectual property
12.1. All intellectual property rights of products put at the disposal of the purchasers by RUTH GALLERY SARL rest with RUTH GALLERY SARL or with the artists who authorized the sales of the products.
He/she will not be allowed to counterfeit the goods either.
13. Protection of privacy
13.1 Confidential consultation of the site
Everyone can visit the RUTH GALLERY SARL website www.africaprints without revealing his or her identity or giving personal information.
Only E-MAIL addresses are collected while the user remains anonymous.
The knowledge of E-MAIL addresses allows RUTH GALLERY to evaluate the frequency of visits to its site as well as the time of consultation.
However, the user remains anonymous.
13.2. Placing an order
As soon as the user decides to purchase goods or services via the system, he is obliged to disclose his identity, his E-MAIL address, his postal address as well as any other personal information necessary for the fulfilment of the contract.
As soon as the information is collected, RUTH GALLERY uses it to manage the order(s).
This information can also be used to allow the diffusion of information about the commercial activities of RUTH GALLERY SARL to its customers by any means of communication.
However, RUTH GALLERY SARL commits itself not to disclose the information it has to another company or another enterprise that would offer similar services except in the framework of its activities.
RUTH GALLERY SARL also keeps the personal data to facilitate future orders.
At any time, the listed user may request to consult stored information about him/her and, if necessary, to rectify inaccuracies, by sending a request to the “Master of the file”, i.e. RUTH GALLERY SARL, at the address specified in these general conditions.
14. Assignment of contract
14.1 RUTH GALLERY SARL can assign to third parties all its rights under any contract concluded with its Buyers.
The assignment concerns both its rights and its obligations on the sole condition that it informs the Buyer of this situation.
14.2. On the other hand, the purchaser cannot transfer his/her rights to a third party without the preliminary and written consent of the RUTH GALLERY SARL.
15. Applicable law and competent courts
For any dispute, Luxembourg law is applicable.
In case of a dispute, the Buyer will address RUTH GALLERY SARL to obtain a amicable solution.
Note: In case of purchase from abroad, the customer becomes importer in his/her country; he/she will have to pay all local taxes according to the legislation in his/her country.