General Sales Conditions
Article 1 : Acceptance of the present sales conditions
These General Conditions of Sale define the conditions at which we sell the creations displayed on this web site as well as your rights and obligations. The fact of filling an order on our web site and to confirm this order entails the whole acceptation of the General Conditions, which, along with your order, constitute your contract.
The information that you will give to us, in the order form, or by any other means, can be subject to computer processing in order to allow the processing of your file, the security of payments, the shipping of the ordered creation and the setting up of commercial actions. These informations can, therefore and only for the aforementioned purposes, be communicated, in France and abroad, to public organizations or private companies. By confirming your order, you entitle us to distribute them in these conditions. In accordance to the Law number 78-17 of the 01/06/1978 (informatique et libertés), you can access these informations, ask for their modification or their rectification or require to have them removed from our database. You can exercise this right by sending us an email.
Article 2 : Order confirmation
Payment has to be made either using Paypal or by bank wire transfer. This section is secure and uses the SSL methodology from Paypal that cryptes the user card number before travelling on internet. By this method, the card number cannot be intercepted. When paying by bank wire transfer do not forget to mention your email and the order reference in the transfer comments.
We will confirm the reception of your order by sending you an email, once we have checked that the creation is available and that the payment is valid and at the latest a week after reception of the payment. The payment validation happens after the agreement is given by the authorization center if you choose to pay by credit card, and after cashing in case you choose to pay by bank wire transfer. The bank wire transfer cost is to be paid by the client. If there is still no payment validation 10 days from the date of order the order will be cancelled.
Article 3 : Obligations
Brigitte Buscail-Lipsky commits herself, if the order was accepted, to sell and to deliver to the buyer the ordered products. The buyer has to communicate to Brigitte Buscail-Lipsky an adress at which the delivery can take place at business hours.
The works presented on this website are normally available and after each sale, the site is updated. If for an unspecified reason, a work considered available could not be delivered, the payments would be completely reimbursed to you, but you could not claim another compensation.
Article 4 : Prices
The price on your order form corresponds to the total amount due to us, which includes the price of the work of art and the packing and shipping costs. The prices are given in Euros (€). For the countries of the European Union, the prices are inclusive of tax.
For the rest of the world, value-added taxes and other custom taxes are subject to be added to prices provided by Brigitte Buscail-Lipsky, and have to be supported by the buyer.
Article 5 : Shipping and delivery • Risk transfer
The delivery will take place during working hours, at the delivery address you will have mentionned during your order, with an average delay of 15 days following the date of confirmation of your order. The delivery terms remain non contractual. Every shipping will be sent by post or by an international carrier.
The risk transfer on products happens as soon as the products are given to the carrier (the price is reputed including insurance). Products are shipped at the buyer's own risk. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Article 6 : Reservation at reception
We ask you to unpack and check the goods in the presence of the conveyor and to check and announce any possible deterioration.
If the product delivered does not match the product ordered or if the product package seems to be highly damaged then the buyer can make a reservation. This reservation have to be made in writing with the carrier at delivery. An explanation and the bill number must be included with the reservation.
Article 7 : Cancelling your order
In accordance to the article L.121-16 of the French Consumption Law, you have 7 clear days from the date of delivery to send the creation back to exchange it or be refunded, without any penalties (except shipping costs to send the work of art back to Brigitte Buscail-Lipsky). If this delay expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
To exercise this right, you must acknowledge Brigitte Buscail-Lipsky by sending her an email indicating the order reference and the reason of the sending back. Brigitte Buscail-Lipsky will then confirm the shipping back address. Refunding will be effected within a maximum delay of 30 days after reception of the returned item. The item to be refunded must be returned in its original package, without any damage.
Article 5 : Force majeure • Court
Brigitte Buscail-Lipsky or her heirs will not be considered repsonsible or considered to be at fault in the processing of your file previously to the writing of the contract or in its execution, of any delay or any non-performance, if such a delay or non-performance arises from a case of force majeure (war, insurrection, shipping interruption, export or import problems, strike, lock-out, shortage, fire, earthquake, flooding for example), in accordance to the article 1148 of the Civil Code, as interpretated by the French case law.
If for any reason, one of the sales conditions had to be declared inapplicable, this would not affect the sales conditions. The specific condition that is inapplicable is replaced by the closest.
The contract is ruled by the French Law. Any dispute arising from the formation, the interpretation or the execution of the contract will be subject to the exclusive competence of the Paris Courts.
Article 5 : Guarantees • Authenticity
Brigitte Buscail-Lipsky commits to respect every legal guarantee that you might assert. The creations displayed on this web site being conform to the prescriptions of the French law, we will not be responsible for the violation of the law of the shipping country. Consequently, we invite you to make yourself acquainted with the law prevailing in the shipping country.
Every creation on this web site is an original work of art coming straight from the Brigitte Buscail-Lipsky's studio.
A certificate of authenticity will be provided to you.
Article 6 : Copyrights
The French law considers that the artist enjoys on his works, a right of ownership on immaterial property exclusive vis-à-vis. The artist enjoys in particular rights - respect of his name, his quality and his works - perpetual, inalienable and imprescriptible. He also enjoys rights of representation and reproduction.
Your rights on the creation are thus limited to a private usage, excluding any right of representation and reproduction, except if you obtain a previous agreement from Brigitte Buscail-Lipsky or her heirs.
The websurfers recognizes thus that all the paintings from Brigitte Buscail-Lipsky are protected by the copyright. Brigitte Buscail-Lipsky reserves the authorisation of exploitation on all supports of the aforesaid works. Is prohibited any use of the works presented by Brigitte Buscail-Lipsky without express authorization emanating from Brigitte Buscail-Lipsky or her heirs. The present clause also applies to any exploitation with a promotional or advertising target of the names Brigitte Buscail-Lipsky, bblipsky.com and bblipsky.fr.
In case of sale of a presented works, Brigitte Buscail-Lipsky commits herself to transmit to the purchaser the copyrights necessary for a private use of the works. All other use will be subject to a specific agreement.