TERMS OF USE (TOU)

  1. Titres et vocabulaire : "Terms of Use" remplace CGU. Insertion d'une clause d'exonération de garanties (Disclaimer of Warranties) rédigée en MAJUSCULES (exigence du droit commercial américain).

  2. Clause de non-responsabilité (Limitation of Liability) : Ajout des clauses de limitation des dommages indirects et consécutifs (incidental, consequential damages) incontournables aux États-Unis.

  3. Paiement et expédition : Clarification des termes FOB Origin / Shipping Point (transfert des risques dès remise au transporteur) et précisions sur le droit de rétractation (spécificité européenne mentionnée clairement avec son équivalent Return Policy).

  4. Propriété intellectuelle et IA : Renforcement de la protection contre le scraping et l'entraînement d'IA (data mining, AI training).

  5. Droit applicable (Governing Law) : Maintien de la loi française pour la gouvernance globale de tes œuvres, tout en encadrant l'utilisation globale.

TERMS OF USE (TOU)

SECTION 1: Definitions

For the purposes of these Terms of Use between Jef Gaillot and the User of the Site, the following terms shall have the meanings defined below:

  • Terms of Use (or "Terms"): Refers to these general terms and conditions governing the respective obligations of Users and Jef Gaillot regarding access to and use of the Site.

  • Artworks: Refers to any original artwork, single or multiple, displayed or offered for sale on the Site.

  • Jef Gaillot: Independent professional artist affiliated with La Maison des Artistes (Paris – Reg. No. G219123), whose registered address is 10 rue de Sébilleau, 17510 Seigné, Charente-Maritime, France.

  • Services: Refers to the online fixed-price sales of Artworks on the Site, as well as information services relating to galleries, current, upcoming, or past exhibitions, news updates, and the presentation of Artworks.

  • Site: Refers to the website accessible at https://www.jefgaillot.fr.

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

SECTION 2: Purpose

These Terms of Use define the conditions of access to and use of the Site https://www.jefgaillot.fr by Users.

The Site allows Jef Gaillot to provide Users with information regarding affiliated galleries, current, upcoming, or past exhibitions and fairs, as well as news updates.

The Site also enables Jef Gaillot to sell certain Artworks online at a fixed price.

Finally, the Site allows Users to subscribe to Jef Gaillot’s newsletter to receive news and updates, or to contact Jef Gaillot via a dedicated contact form.

These Terms do not apply to direct sales made through physical galleries, nor to relationships where Jef Gaillot acts as a consignee or sales agent on behalf of third-party artwork owners. In such cases, specific conditions apply. However, all navigation on the Site remains governed by these Terms.

SECTION 3: Disclaimer of Warranties & Limitation of Liability

Jef Gaillot endeavors to ensure, to the best of his ability, the accuracy and updating of the information published on the Site, and reserves the right to correct its content at any time without prior notice. However, he cannot guarantee the permanent accuracy, completeness, or timeliness 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, notably for maintenance, updates, or service enhancements.

"AS IS" AND "AS AVAILABLE" DISCLAIMER:

THE SITE, ITS SERVICES, AND ALL CONTENT AND ARTWORKS DISPLAYED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JEF GAILLOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, ITS SERVICES, OR CONTENT, OR FROM ANY FRAUDULENT ACTS BY THIRD PARTIES.

SECTION 4: User Obligations

The User agrees to use the Site in strict compliance with these Terms and applicable laws, and specifically agrees NOT to:

  • Misuse or misappropriate Site content for unauthorized personal or commercial purposes.

  • Fraudulently access, tamper with, or maintain unauthorized access to the Site or its underlying servers.

  • Disrupt, impair, or interfere with the proper operation of the Site, including introducing viruses, Trojan horses, worms, or other malicious devices.

SECTION 5: User Responsibility & Indemnification

The User accesses and uses the Site, its Services, and its content under their sole and exclusive responsibility.

The User agrees to indemnify, defend, and hold harmless Jef Gaillot from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with the User's violation of these Terms or misuse of the Site.

SECTION 6: Newsletter and Contact Form

Users may subscribe to Jef Gaillot’s newsletter by providing a valid email address.

Users may also contact Jef Gaillot via the "Contact Us" form by submitting their full name, email address, and message content.

SECTION 7: Purchase of Artworks, Pricing, and Shipping

Users may purchase Artworks offered for sale on the Site at fixed prices. Prices are listed inclusive of all applicable French taxes and artist resale rights (droit de suite), excluding packaging and shipping fees.

Jef Gaillot acts as the direct seller and holds sole ownership of the Artworks offered for sale.

Descriptions and visual representations of Artworks are provided for illustrative purposes. The User acknowledges having reviewed them prior to purchase. No claims or returns shall be accepted based on subjective artistic appreciation.

Upon ordering, the User must provide all information required for invoicing, shipping, and payment processing.

Shipment shall take place only after full payment for the Artwork has been received.

Transfer of Risk: Unless mandatory applicable local consumer law dictates otherwise, risk of loss or damage transfers to the buyer upon delivery of the Artwork to the carrier (F.O.B. Shipping Point).

SECTION 8: Right of Withdrawal / Return Policy

In accordance with applicable European consumer protection regulations, European Union buyers have a statutory right to withdraw from the purchase within fourteen (14) calendar days from receipt of the Artwork.

Refunds shall only be issued upon receipt of the returned Artwork in its original, undamaged condition. All return shipping costs, insurance, and associated risks shall be borne exclusively by the purchaser. For non-EU buyers, sales are final unless otherwise agreed in writing.

SECTION 9: Legal Warranties

Artworks sold benefit from the statutory legal warranties of conformity and against hidden defects provided under the French Consumer Code (Code de la consommation) and Civil Code (Code civil).

SECTION 10: Intellectual Property & Anti-AI Scraping Protection

All elements of the Site (including text, graphics, photographs, original artworks, logos, visual charter, and design) are protected by international copyright and intellectual property laws and remain the exclusive property of Jef Gaillot or his rights holders.

Any reproduction, representation, distribution, or utilization—in whole or in part—without prior written authorization is strictly prohibited and constitutes copyright infringement (contrefaçon).

AI Training Ban: Any use or exploitation of the Artworks, images, or content featured on this Site for the purpose of training, testing, developing, or operating artificial intelligence (AI) systems, machine learning models, or automated data mining/scraping tools is strictly prohibited without explicit, prior written consent from Jef Gaillot.

These Terms do not grant or transfer any intellectual property rights or copyright licenses to the User.

SECTION 11: Third-Party Links

The Site may contain hyperlinks to third-party websites. Jef Gaillot exercises no control over such sites and assumes no responsibility or liability for their content, privacy policies, or practices.

SECTION 12: Privacy & Personal Data (GDPR / Global Compliance)

Jef Gaillot collects and processes User personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR).

Personal data collected is limited to what is necessary for order processing, newsletter distribution, and responding to contact requests. Data is retained strictly for the duration necessary for these purposes.

Users hold the right to access, rectify, delete, restrict, object to, and request portability of their personal data.

These rights may be exercised by contacting Jef Gaillot by mail at:

Jef Gaillot – 10 rue de Sébilleau, 17510 Seigné, France,

or by email at: jefgaillot@wanadoo.fr.

Users also have the right to lodge a complaint with the relevant supervisory authority (such as the CNIL in France – www.cnil.fr).

SECTION 13: Cookies

The Site may utilize cookies subject to User consent. For detailed information, Users may consult the Cookie Policy available on the Site.

SECTION 14: Security and Confidentiality

Jef Gaillot implements reasonable technical and organizational security measures to protect the integrity and confidentiality of processed data.

The User agrees to promptly notify Jef Gaillot of any security anomalies or system failures detected on the Site.

SECTION 15: Acceptance of Terms

By accessing or using the Site, the User confirms that they have read, understood, and agreed to be bound by these Terms of Use in full. These Terms apply immediately upon first access to the Site.

SECTION 16: Modifications to the Terms

Jef Gaillot reserves the right to modify or update these Terms of Use at any time without prior notice. The applicable Terms are those in force at the time the User browses the Site.

SECTION 17: Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law.

Subject to mandatory consumer protections under applicable local law, any dispute, controversy, or claim arising out of or relating to the validity, interpretation, performance, or breach of these Terms shall be subject to the exclusive jurisdiction of the competent courts of France.