Terms of Use (TOU)

Terms of Use (TOU)

Article 1: Definitions

In these Terms of Use, the following terms shall have the meanings set out below between Jef Gaillot and the user of the website https://www.pollechien.fr:

  • Terms of Use (TOU): refers to these terms and conditions governing the respective obligations of users and Jef Gaillot regarding access to and use of the website https://www.pollechien.fr.

  • Works: refers to any single or multiple work(s) displayed or offered for sale on the Site.

  • Jef Gaillot: an artist affiliated with Maison des Artistes (Paris – G219123), with its registered office at 10 rue de Sébilleau, 17510 Seigné, Charente-Maritime, France.

  • Services: refers to the fixed-price sale of Works on the Site, as well as information services related to the gallery, ongoing, upcoming or past exhibitions and fairs, selected news, and presentation of Works.

  • Site: refers to the website accessible at https://www.pollechien.fr.

  • Users: refers to any person accessing the Site and/or using the Services offered therein.

Article 2: Purpose

These Terms of Use aim to define the conditions under which Users may access and use the website https://www.pollechien.fr.

The Site allows Jef Gaillot to inform Users about galleries, exhibitions, and fairs, whether ongoing, upcoming, or past, as well as selected news.

The Site also allows Jef Gaillot to sell certain Works online at a fixed price.

Finally, the Site allows Users to subscribe to Jef Gaillot’s newsletter to receive updates (current or upcoming exhibitions, Works offered in the shop), or to contact Jef Gaillot via a contact form.

These Terms of Use do not apply to sales made in galleries or to relationships with Jef Gaillot when acting as a custodian or sales agent on behalf of Work owners. In such cases, specific general terms may apply. Nonetheless, browsing the Site is subject to these Terms of Use.

Article 3: Liability of Jef Gaillot

Jef Gaillot makes all reasonable efforts to ensure the accuracy and updating of the information published on the Site and reserves the right to modify its content at any time without notice. However, Jef Gaillot cannot guarantee the accuracy, completeness, or continuous updating of such information.

The Site is generally accessible continuously. However, access to all or part of the Site may be interrupted, suspended, or modified at any time, without notice or compensation, particularly for maintenance, updating, or evolution of Services and content.

Jef Gaillot shall not be liable for any direct or indirect damage resulting from the use of the Site.

Jef Gaillot is subject to a best-efforts obligation regarding access to the Site, the Services, and the Works. Therefore, liability cannot be engaged if access or operation does not achieve the intended result.

Specifically, Jef Gaillot shall not be responsible for interruptions, inability to access the Site, modifications to the Site, or damages resulting from fraudulent acts by third parties.

Article 4: User Obligations

The User agrees to use the Site in accordance with these Terms of Use, including:

  • not diverting the use of content for unauthorized personal or commercial purposes;

  • not accessing or remaining on the Site fraudulently;

  • not hindering or disrupting the operation of the Site, including through the introduction of viruses or any other harmful devices.

Article 5: User Responsibility

The User uses the Site, its Services, and content at their own risk.

The User agrees to comply with these Terms of Use and applicable laws and regulations.

Article 6: Newsletter and Contact Form

The User may subscribe to Jef Gaillot’s newsletter by providing their email address.

The User may also contact Jef Gaillot via the “Contact Us” form, providing their name, email address, and message content.

Article 7: Purchase of a Work

The User may order Works offered for sale on the Site at a fixed price. Prices are inclusive of all taxes, including resale rights, but exclusive of any packaging and shipping costs.

Jef Gaillot acts as the seller and is the owner of the Works offered for sale.

Descriptions and images of the Works are provided for information only. The User acknowledges having reviewed them before purchase. No claim may be based on a subjective appreciation of the Work.

When placing an order, the User must provide the necessary information for billing, delivery, and payment.

Delivery occurs after full payment of the price of the Work.

Risk transfers upon delivery of the Work to the carrier.

Article 8: Right of Withdrawal

In accordance with applicable law, the purchaser has fourteen (14) days from receipt of the Work to exercise the right of withdrawal.

Refunds will only be made after the Work has been returned in its original condition. Return costs and risks are borne by the purchaser.

Article 9: Warranties

The Works benefit from the legal guarantees of conformity and hidden defects provided by the Consumer Code and the Civil Code.

Article 10: Intellectual Property

All elements of the Site (texts, images, photographs, Works, logos, graphic design, etc.) are protected by intellectual property rights and remain the exclusive property of Jef Gaillot or their rights holders.

Any reproduction, representation, or use, in whole or in part, without prior written authorization is strictly prohibited and constitutes an infringement under intellectual property law.

These Terms of Use do not confer any rights to the User.

Article 11: Hyperlinks

The Site may contain links to third-party websites. Jef Gaillot exercises no control over these sites and disclaims all responsibility for their content or practices.

Article 12: Personal Data

Jef Gaillot collects and processes Users’ personal data in accordance with EU Regulation 2016/679 (GDPR).

Collected data is necessary for order management, newsletter delivery, and handling contact requests. Data is retained only for the duration strictly necessary to achieve these purposes.

In accordance with applicable law, Users have the right to access, rectify, object, limit, erase, and transfer their data.

These rights may be exercised by mail to:
Jef Gaillot – 10 rue de Sébilleau, 17510 Seigné, France
or by email: jefgaillot@wanadoo.fr

Users may also file a complaint with the CNIL (www.cnil.fr).

Article 13: Cookies

The Site may use cookies subject to the User’s consent.

For more information, the User is invited to consult the Cookie Policy available on the Site.

Article 14: Security and Confidentiality

Jef Gaillot implements reasonable measures to ensure the security and confidentiality of processed data.

Users agree to report any anomalies or failures of which they become aware.

Article 15: Acceptance of Terms

Using the Site implies full and unconditional acceptance of these Terms of Use by the User.

These Terms apply from the first use of the Site.

Article 16: Modification of Terms

Jef Gaillot reserves the right to modify these Terms of Use at any time.

The applicable Terms are those in effect at the time the Site is consulted.

Article 17: Applicable Law and Jurisdiction

These Terms of Use are governed by French law.

Any dispute regarding their validity, interpretation, or enforcement falls under the exclusive jurisdiction of the competent French courts.