Legal Notice and General Terms and Conditions of Use (T&C)
Effective from June 1, 2023
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These legal notices and terms and conditions of use (T&C) have been drafted with the aim of providing a clear and precise legal framework for the operation and offering of services proposed on the DualightArt website. These provisions also define the terms and conditions under which "the User" can access and use these services. This information can be accessed at the URL https://www.dualightart.com/ (the "Site"), under the section titled "Legal Notices and T&C". It is to be noted that the legal notices and terms and conditions are in accordance with French laws and regulations.
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ARTICLE 1: Legal Notices
In accordance with the provisions of French Law No. 2004-575 of June 21, 2004 on trust in the digital economy, users are informed about the identity of the various stakeholders in its realization and monitoring.
The editing and direction of the publication of the Site entitled Dualight Art are provided by Gond Baptiste, residing at 9 rue de Sardelle 37250 Veigné, of French nationality (France), SIRET number: 89496609200013. You can contact us by phone: +33634185722, by e-mail: contact@dualightart.com or by mail at the following address: 9 rue de Sardelle, 37250, Veigné, France.
The hosting of the site is provided by Wix Online Platform Limited, whose head office is located at 1 Grant’s Row, Dublin 2 D02HX96, Ireland. Telephone number: (+1) 415 358 0857.​
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ARTICLE 2: Site Access and Services
The site https://www.dualightart.com/ provides the User with access to the following service: sales of fluorescent and/or phosphorescent paintings. The paintings are divided into three categories: "Limited Editions", "Commission" and "Mini Collections". The paintings come with suitable UV lighting, a certificate of authenticity, as well as a frame (for the "Limited Editions" and "Commission") or a mini easel (for the "Mini Collections"). The site is freely accessible at any location to any User with an Internet connection. All costs borne by the User to access the service (computer equipment, software, Internet connection, etc.) are their responsibility.
ARTICLE 3: Intellectual Property
3.1 General
The content of this site, including but not limited to texts and images, is protected by the French Intellectual Property Code and more particularly by copyright. The User must seek prior authorization from the site for any reproduction, publication, or copying of various contents. If such authorization is granted, they undertake to cite the author and its source (in accordance with article L122-5 of the French Intellectual Property Code) and to use the site's content strictly for private (non-commercial) use. Any total or partial representation of this site by any means whatsoever, without the express authorization of the website operator would constitute an infringement sanctioned by articles L 335-2 and following of the French Intellectual Property Code, which may result in legal action and claims for damages and interests. Some images used on the site to display the artworks may come from the following site: https://fr.depositphotos.com/, they are subject to the copyrights of their respective owners and comply with Depositphotos' standard license conditions.
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3.2 Artworks
Artworks purchased on this site are protected by copyright and intellectual property laws (in accordance with Article L121-1 of the Intellectual Property Code). The purchase of an artwork only grants the buyer the physical ownership of the work. The artist retains intellectual property, which includes the copyright of the work. As such, the buyer is not allowed to reproduce, modify, distribute, publicly display, or create derivative works, except with the explicit written permission of Gond Baptiste. Any infringement of copyright and intellectual property is a legal violation that may result in legal action and claims for damages and interests. If in doubt or for any license request, please contact us at contact@dualightart.com.
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ARTICLE 4: Privacy Policy
4.1 Data collection
The site ensures the User a collection and processing of personal information in respect of privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. Under the Data Protection Act, dated January 6, 1978, the User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right: by email to the email address contact@dualightart.com or via a contact form.
4.2 Nature and use of data
We may collect the following types of data about users: name, email address, postal address, phone number, IP address, location, payment information (to process orders). We do not share, sell, rent or exchange your personal information with third parties. The collected data is notably used to: process orders placed by users, provide and improve the services offered on the site, send newsletters and information related to products and services, subject to the user's acceptance.
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4.3 Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his browsing software. Cookies are small files temporarily stored on the User's computer hard drive by your browser and which are necessary for the use of the https://www.dualightart.com/ site. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain. The information contained in cookies is used to improve the site. The User accepts the use of these cookies by browsing the site. The User can disable these cookies through the settings within his browser software.​
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ARTICLE 5: General Sales Conditions
5.1: Purpose and scope
These general sales conditions (GSC) constitute the basis of the commercial negotiation and are systematically addressed or handed over to each buyer to enable him to place an order. The general sales conditions described below detail the rights and obligations of DualightArt company and its customers in the context of the sale of the following goods: fluorescent and/or phosphorescent paintings. Any acceptance of the quote/order form including the clause "I acknowledge having read and I accept the general sales conditions" implies the buyer's unreserved adherence to these general sales conditions.
5.2: Price
DualightArt company reserves the right to change its prices at any time. However, it commits to invoicing the ordered goods at the prices indicated when the order was registered.
Regarding "custom orders", the price is set during the preparation of the quote, after discussing with the buyer to accurately understand their desires and artistic aspirations.
5.3: Rebates and discounts
The proposed rates include the rebates and discounts that DualightArt company could grant considering its results or the buyer taking charge of certain services.
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5.4: Payment terms
Orders are paid: by credit card or by PayPal. Full payment must be received before the goods are sent.
For "Limited Editions" and "Mini Collections", full payment must be received before the goods are shipped.
Regarding "Comission", an initial deposit corresponding to 40% of the total amount is required before the conceptualization stage to confirm the order. The remaining balance is to be paid before the order is shipped.
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5.5: Non-Payment
In the event that full payment is not received before the goods are shipped, the order will be canceled. If a problem arises with a payment system that results in a delay or omission of payment after an order has been shipped, the buyer must contact DualightArt company to resolve the problem. If the payment problem is not resolved within a reasonable time, DualightArt company reserves the right to take legal action to recover the amounts due.
5.6: Refund and warranty
5.6.1: Touch-ups for Custom Orders
Some touch-ups may be considered for "Commission" during the creation of the concept or painting, provided they are feasible in terms of complexity and time required for their implementation. However, it is important to note that direct modifications on the existing painting are discouraged and often impossible, due to the high risk of altering the artwork. The artist reserves the right to refuse certain modification requests for the reasons mentioned above.
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5.6.2: Return and refund policy
For "Limited Editions" and "Mini Collections," you have a withdrawal right of 14 days from the date of receipt of your order. During this period, if the artwork does not satisfy you for any reason, you can contact us by email to arrange a return and obtain a refund. The return costs are borne by the buyer. The refund will be made within 14 days provided that the order is returned in perfect condition and in the original packaging.
Regarding "Commissions", the right of withdrawal does not apply due to the personalized nature of the work. Therefore, it is not possible to return an order for a refund. However, if the buyer decides to cancel an order before approving a concept because they are not satisfied with it, a refund equivalent to half of the initial deposit paid will be granted. This therefore represents 50% of the 40% already paid. The initial deposit is no longer refundable once a concept has been approved by the buyer. The buyer also has the option to stop an ongoing order and not make the final payment if they are not satisfied. If the buyer does not proceed with the final payment within six months after the completion of the work, the artist is not required to keep the work.
5.6.3: Warranty in case of malfunction
If a malfunction is observed on the UV light or the remote control within 30 days following receipt, an exchange can be made. The batteries for the remote controls wear out over time and can be replaced directly by the buyer, at his expense.
5.6.4: Complaints relating to the transport of goods
The risk of transport is fully borne by the buyer. It is strongly recommended for the buyer to check the condition of the goods in the presence of the delivery person. Indeed, it can be difficult to prove that the damage was caused during transport and not after receipt. In case of missing or damaged goods, the buyer must refuse the delivery and issue all necessary reservations on the order form upon receipt of said goods. To ensure optimal resolution, the buyer must also take photographs of the state of the products upon their receipt. These reservations must also be confirmed by email to DualightArt company within 72h following delivery.
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5.7: Delivery and delay
Delivery is made by depositing the goods at the location indicated by the buyer on the order form. The delivery time indicated during the registration of the order is only indicative and is not guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the buyer's allocation of damages and interests or the cancellation of the order.
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5.8: Customs Fees
For international deliveries, customs fees may apply depending on the buyer's country of residence. These fees are solely the buyer's responsibility. The buyer is encouraged to inquire about possible customs fees in his country before placing an order. We are not responsible for these fees and we cannot refund them.
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ARTICLE 6: Disclaimer Clauses
6.1 Reliability of Information
The sources of information disseminated on the site https://www.dualightart.com/ are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions. The information provided is presented for indicative and general purposes without contractual value. Despite regular updates, the site cannot be held responsible for the modification of administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site. The site cannot be held responsible for any viruses that may infect the user's computer or any computer hardware, following a use, access, or download from this site. The site's responsibility cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party.
6.2 Hyperlinks
Hyperlinks may be present on the site. The User is informed that by clicking on these links, they will leave the site https://www.dualightart.com/. The latter has no control over the web pages on which these links end and cannot, under any circumstances, be responsible for their content.
6.3 Luminescence Degradation and Conservation
The pigments used in the creation of the artworks are of very high quality. However, the fluorescent or phosphorescent properties may fade over time. We cannot be held responsible for this natural evolution which depends on external factors. To maximize the lifespan of the fluorescence, it is recommended to avoid direct exposure to sunlight and overexposure to UV light. In some cases, a retouching at the buyer's expense may be considered to restore the vivacity of the fluorescence (please contact us for more information). Finally, the seller cannot be held responsible for physical degradation that may occur on the painting. It is recommended to handle the painting carefully, and to use a soft, dry cloth to clean it. Do not use aggressive or abrasive cleaning products.
6.4 Ultraviolet Light Risks
The UV light (365 nm) that accompanies the artworks may pose some health risks, particularly in case of prolonged exposure or direct contact with the eyes or skin. We cannot be held responsible for damages that may result from its incorrect use. To minimize risks, it is recommended not to look directly at the UV light, not to direct it towards the skin, and not to use it in the presence of sensitive people (especially children) or animals sensitive to this type of lighting. It is recommended to turn off the UV lighting when you leave the room or are not nearby, to avoid leaving it on unattended.
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6.5 Fidelity of Renderings
The artworks received may have slight variations compared to the images displayed on the website. These variations can be explained due to the unique nature of each painting, the lighting conditions when photographing the artwork, the display settings of the screen used, etc.
Regarding "custom orders," the sketches created during the conceptualization phase provide a general idea of the final rendering, particularly the arrangement of the various elements. However, the final rendering may not be exactly the same as the sketch due to the inherently creative process involved in creating the artwork. Additionally, the reference images provided by the client are very helpful in guiding the artist, but the final rendering cannot be an exact replica of an image, as it is subject to the artist's personal interpretation and style.
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6.6 Other Disclaimers
We cannot be held responsible for degradations related to the transport of goods (see section 5.6.4) or any possible customs fees upon delivery (see section 5.8).​
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ARTICLE 7: Force Majeure and Competent Court​
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7.1: Force Majeure
The responsibility of DualightArt company cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these terms and conditions of sale arises from a case of force majeure. As such, force majeure is understood as any external, unpredictable and irresistible event within the meaning of Article 1218 of the French Civil Code.
7.2: Competent Court
Any dispute relating to the interpretation and execution of these general conditions is subject to French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court. For any questions, you can contact the publisher at the coordinates listed in ARTICLE 1.