This website is the exclusive property of Roger Dénarnaud, “THE ARTIST”.

 

Roger Dénarnaud (“The Artist”, “We”, “Us”) uses the following website (the “Site”) to showcase and sell his fine original works of art (the "Services").

 

This website address is roger-denarnaud.com

 

Please read carefully the following Terms and Conditions (“Terms” and "Conditions"), which are legally binding and govern your use of the Site.

 

You acknowledge and agree that, by clicking the “ACCEPT” box, by accessing or using the site, or by purchasing a work through the site, You are indicating that You have read and understood these terms and that You agree to be bound by these terms, whether or not You have registered with the Site.

 

By making a purchase through this website, You (the Customer) declare that You are at least 18 years of age.

 

"THE CUSTOMER," "You," and "Your" refer to: the natural person using this website, regardless of whether he or she is acting in his or her individual capacity, or as the agent for any other natural person or business entity; and the natural person who is the principal of any electronic agent(s) using this website, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this website.

 

In this Agreement, Roger Dénarnaud and You, may sometimes be referred to collectively as the "PARTIES." Where this Agreement uses the term "Parties," it intends both You and Roger Dénarnaud.

 

If You choose to use this website, You agree to abide by all of the terms and between You and The Artist. 

 

The Artist may change, add or remove portions of these terms of service at any time, which shall become effective immediately upon posting. It is Your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, You agree to any changes. 

 

Customer Reviews/Comments

You are responsible for the content of Your reviews or comments posted on The Site. However, The Artist reserves the right to delete, move, or edit reviews or comments that he, in his sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You acknowledge that any review or comment made to the Site may be edited, removed, modified, published and displayed by The Artist, and You waive any rights You may have in having the material altered or changed in a manner not agreeable to You.

You grant The Artist a perpetual, nonexclusive, worldwide, royalty free, license to Your review or comment, which includes, without limitation, the right for The Artist to use, copy, transmit, excerpt, publish, distribute, publicly display, tag, encode, broadcast in any form or media now known or hereinafter developed, any submission, review or comment posted by You on to The Site.

By making a review or comment, You consent to its display and publication on The Site and for related online and offline promotional uses.

 

Customer Registration

The first time You purchase one or more works of art on the Site, You will be asked to create an account by completing our Customer Registration Form.

During the registration process You will be required to provide certain information and You will establish a username and a password. 

• You agree to provide accurate, current and complete information during the registration process and keep them updated.

• You are responsible for safeguarding Your password.

• You agree to take sole responsibility for any activities or actions made under Your account, whether or not You have authorized such activities or actions.

• You agree that the Site (The Artist) is not liable for any unauthorized use of Your account.

 

Privacy Policy

All information on the Customers, their respective business or affairs and the sales of the artwork(s) is confidential. The Artist may use Your contact information to send You updates, advertisements, discounts, and other offers, unless You unsubscribe from these communications.

 

Terms of Sales

Once registered, You can purchase works of art via the Site.

Prices are quoted in Euros and are subject to availability. There is a currency converter available for Your convenience. We accept payment by PayPal and credit card (MasterCard, Visa and American Express). Costs of artwork(s) and shipping must be paid in full by PayPal or by credit card. Once the payment has cleared the artwork(s) will be sent.

Once the artwork(s) is received, the Customer has seven days (7) to decide to keep it or to return it. In case of a return, the Customer will immediately notify the Artist via the site (at: roger.denarnaud@gmail.com) if the artwork(s) is to be returned. Only approved shipping methods may be used.

If the artwork(s) is returned and is received in perfect condition, the cost of artwork(s) will be reimbursed less the shipping and handling fee for shipping both ways, and any associated costs.

 

Delivery

Shipping and handling costs are not included in sale prices.

Artwork(s) will be shipped when payment is received in full.

The Customer must specify the delivery address when he places his order.

 

Cancellation Policy

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until You order it. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of Your visit to the website. If an item's correct price is higher than our stated price, Your sole recourse is cancellation of Your order, or to write to the Artist about it at: roger.denarnaud@gmail.com.

The Artist reserves the right to cancel any order placed via the Site if he determines, at his sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If the Artist cancels an order, he will send the Customer an email notification of such cancellation and the Customer will not be charged for his order.

 

Return Rights

The Customer has seven days (7) after delivery date (date of reception indicated by the carrier and signed by You) to notify the Artist at: roger.denarnaud@gmail.com as to his intent to return the artwork(s). If the work is to be returned, the Artist will arrange for immediate shipment back to him.

If the Customer’s order should arrive damaged or in less than satisfactory condition, the Customer must keep the original packaging for insurance purposes and notify the Artist immediately at: roger.denarnaud@gmail.com.

The Customer should simply take digital photos of the item to be returned and the shipping container it arrived in. Attach them to an email and send to roger.denarnaud@gmail.com. Please include in the body of the email: Your order number, the item number, a brief description of the reason for the return, and let us know whether You are seeking an exchange for another work of art, or a refund. You will receive a reply by return email.

Please note that many of the works of art are original pieces which may not be identically reproduced.

In the instance of a return, the Customer may ask for either (1) a refund of the price paid to the Artist, less shipping costs, or (2) an exchange of the artwork(s) and a credit towards another work of art.

 

In order to return the artwork(s), Customer must contact the Artist to make return shipping arrangements.

The Customer will be provided with a return shipping label and a tracking number.

The artwork(s) must be delivered back to the Artist in its original packaging, as long as the packaging is in good condition. If the packaging is questionable or damaged, the Customer should call or email the Artist for instructions.

Also, please inform the Artist of the actual shipment date of the returned artwork via this site’s email address: roger.denarnaud@gmail.com

Eventual refunds will be made in like form of payment within thirty (30) days of receipt of the returned artwork(s).

 

Insurance/Liability

Insurance pertaining to the artworks are transferred to the Customer upon the delivery of the artwork(s). 

In the event that the delivery is delayed per the Customer’s request, the liability shall pass to the Customer as soon as the Customer has been informed that the artwork(s) is ready for delivery. In the event that the artwork(s) is returned to the Artist, the Customer shall retain all liability throughout the return process until the artwork is received by the Artist, and inspected in good condition.

 

General Prohibitions

 

You may NOT, under any circumstance:

 

• Access, tamper with, or use non-public areas of the Site, the Artist’s computer systems, or the technical delivery systems of the Artist’s providers;

• Attempt to probe, scan or test the vulnerability of the Artist’s system or network, or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Artist or any of the Artist’s providers, or any other third party (including another user) to protect the Site;

• Attempt to access or search the Site or download the Artist’s work from the Site through the use of any engine, software, tool, agent, device or mechanism (including, but not limited to: spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided and approved by the Artist or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing the Artist trademark, logo, URL or product name without the Artist’s express written consent;

• Use the Site for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

• Impersonate or misrepresent Your affiliation with any person or entity;

• Violate any applicable law or regulation;

• Encourage, or enable any other individual to do any of the foregoing.

The Artist has the right to investigate and prosecute violations of any of the above, to the fullest extent of the law. He may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

 

You acknowledge that the Artist has no obligation to monitor Your access to the Site, but has the right to do so for the purpose of operating the Site and to ensure Your compliance with these Terms, or to comply with applicable law or the order of a court, administrative agency or other governmental body.

 

The Artist reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable Your access to the Site.

 

Intellectual Property Related to the Site

All rights, title and interest in and to the Site, including all intellectual property rights, are exclusively owned by Roger Dénarnaud, the Artist, who sells and advertises his work through the Site.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying the Site.

The Artist respects copyright law and expects the users of his website to do the same.

The Artist will terminate Your registration and remove or disable Your access to the Site, if he believes You infringed his rights or the rights of his software providers.

 

Disclaimers

The artwork for purchase on the site are provided “as is”, without warranty of any kind, either express or implied.

The Artist makes no warranty that the site will meet Your requirements or that it will always be available on an uninterrupted, secure, or error-free basis.

The Artist is not liable for any financial damage (including, but not limited to, the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

 

Intellectual Property Rights

You agree not to digitize, modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, create collective works or compilations, or in any way exploit, any of the content, in whole or in part, contained in the products y0ou are viewing on this website, or purchasing from this website. 

Works of Art sold on this Site are protected by copyright pursuant to U.S. and international copyright laws.

You may download or copy content of this site for personal use only, provided that You maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Artist.

 

Applicable Law and Jurisdiction

Our offers, Your orders, and the agreements between us for the delivery of our services and products are subject to the laws of the State of New York. The state or federal courts located in New York County will have exclusive jurisdiction to settle any dispute between us in relation to our products or services.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between The Artist and You regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Artist and You regarding the Site.

 

Modification and Severability

The Artist reserve the right to make changes to our website, our policies, and our Terms of Sale at any time and at our sole discretion. Therefore, You should review our policies, terms and conditions each time You visit the website. Your continued use of the website after we make any such changes constitutes Your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Force Majeure

The Artist shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service, resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, cyber-attacks, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of the Artist.

 

No Waiver of Provisions of this Agreement

Our failure to insist upon, or enforce strict performance of any provisions of this Agreement, shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor any trade practice shall act to modify any provision of this Agreement.

 

Limitation of Actions Arising Under this Agreement

Any cause of action or dispute You may have, with respect to our performance or alleged non-performance of this Agreement, must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is forever barred.