Shipping policy

General Terms and Conditions of Sale | hahahacheong.com
1 - PURPOSE AND ENFORCEABILITY OF THE GTCS – P.2
2 - ACCEPTANCE - P.2
3 - ORDER - P.2
4 - SALE PRICE AND TERMS OF PAYMENT – P.3
5 - DELIVERY OF THE ARTWORKS – P.3
6 – RIGHT OF WITHDRAWAL – P.3
7 - STATUTORY GUARANTEES - P.4
8 - FORCE MAJEURE – P. 4
9 - INTELLECTUAL PROPERTY – P.4
10 - DATA PROTECTION – P.5
11 - APPLICABLE LAW
12 - MEDIATION
13 - JURISDICTION
1 - PURPOSE AND ENFORCEABILITY OF THE GTCS
The purpose of the hahahacheong.com website (“The Site”) is to present Artworks from
artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give
them the opportunity to discover and buy them online directly from the Seller.
These general terms and conditions of sale are meant to define the terms and conditions
for the online sale of the Artworks available on the site, and to define each party’s rights
and obligations in such a relationship.
The sales made through the Site are contracted directly between the Buyer and
the Seller. The Site is not, in any respect, a reseller of the Artworks proposed by
the Sellers through the Site.
Hahahacheong.com acts as a simple middleman in the context of the provision of
the Site that allows Sellers and Buyers to connect.
As a result, hahahacheong.com is not a party to the contract which is concluded
only between the Buyer and the Seller, who is the only Seller of the Artworks and
therefore the only one bound to obligations arising therefrom.
2 – ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is mandatory to
conclude the sale agreement, by both the Seller and the Buyer. The acceptance is
confirmed by a box that needs to be checked on the Artwork order form.
3 – ORDER
The Artworks are offered for sale on the Seller’s website, subject to their availability.
Each of the Artwork offered comes with a short explanation sheet containing
information about its substrate, its dimensions, its weight and type.
To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in
his/her cart and provide the necessary personal information to place the order (or
identify him/herself, if he/she has a User account). Before validating the order, the
Buyer must check the information appearing on the order summary, and he/she can
correct any potential mistakes in the items inserted, as well as read about the delivery
costs.
The Buyer will not be charged for the payment before his/her purchase offer has been
validated, which is done within 48 hours by hahahacheong.com, in order to ensure the
Artwork’s availability from the Seller.
If the Artwork is no longer available, an email informing the Buyer will be sent within
48 hours, cancelling the order.
4 – SALES PRICES AND TERMS OF PAYMENT
The Artworks sale price is listed on the Site in the currency set by the Buyer and
includes all taxes, excepting delivery and packaging fees if applicable.
The different methods of delivery and related costs are shown in the order summary.
The delivery and packaging costs depend on the type of artwork, its dimensions, its
weight, as well as the place of delivery.
The payment of the artwork price by the Buyer to the Seller is made via the payment
services available from hahahacheong.com: credit card or bank transfer or other
payment methods (which terms of use available at : www.hahahacheong.com)
Transfer of ownership happens as soon as the full price has been paid by the Buyer.
Failure to pay the full price automatically cancels the sale, and the artwork is put back
for sale on hahahacheong.com’s website.
5 - DELIVERY OF THE ARTWORKS
The delivery of the Artworks is made at the address provided on the order summary
form, during the business hours and according to the procedures laid down by the
carrier chosen upon ordering.
The Buyer must inform him/herself about the procedures and delivery schedules
implemented by the various delivery services providers.
Obligations regarding the delivery of the order, meaning respecting the given schedules,
the quality of the packaging for the artwork, as well as the conformity of the later are
the sole responsibility of the Buyer, hahahacheong.com’s shall in no case be held liable
for failure to comply by the Buyer, who is entitled to lodge a complaint against the
delivery service provider.
The Buyer must, as soon as he receives the order, check the condition of the artwork,
and mention any reservation immediately and in writing, at the latest within 48 hours,
to hahahacheong.com, who will transfer to the Seller.
6 - RIGHT OF WITHDRAWAL
Pursuant to article L.121-21 (law of 17 March 2014 relating to consumption) of the
code of consumption, the Buyer has a period of 14 days from the delivery of the
Artwork to use his/her right of withdrawal with the Seller, without any costs or reason.
The Buyer may use his/here right of withdrawal with SINGULART through sending an
email to the following address love@hahahacheong.com.
hahahacheong.com will then be responsible for handling the cancellation from the
Buyer and shall process the refund within 14 days following the date on which
hahahacheong.com was informed about the Buyer exercising his/her right of
withdrawal.
The refund applies to the price of the artwork paid by the Buyer, as well as the return
shipping costs.
The returned artworks that are damaged or dirtied by the Buyer shall not be accepted,
nor refunded, hahahacheong.com reserves the right to decide at its sole discretion.
7 - STATUTORY GUARANTEES
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e. :
the guarantee of non-compliance and the guarantee of hidden defects.
8 – FORCE MAJEURE
In case of a situation of force majeure, the execution of the contract may be suspended
or, if it is completed, cause the cancellation of the sale.
Expressly, are considered cases of force majeure or fortuitous events, those usually
acknowledged by the jurisprudence of the Hong Kong courts and tribunals, i.e. an event
that is out of the control of the debtor, which could not have been reasonably expected
at the time of the contract being concluded, and whose effects cannot be avoided by any
appropriate measures
The party invoking Force Majeure must immediately inform the other party, as well as
upon its extinction thereof.
9 - INTELLECTUAL PROPERTY
The Seller guarantees that he/she is the author of the ceded Artwork and that the later
does not violate any laws, regulations and standards in force, or affects the rights of
third parties.
He/she commits to protect hahahacheong.com and the Buyer in case of any action
brought by a third party about the ceded artwork, as part of the warranty of quiet
possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and
its representation rights on the artwork.
The Seller however retains his/her moral right on the artwork as well as the rights
regarding its reproduction.
10 - DATA PROTECTION
For detail, please visit the privacy and terms of hahahacheong.com’s privacy
policy
11 – APPLICABLE LAW
These general terms and conditions of sale are governed by Hong Kong law.
12 – MEDIATION
In the event of a dispute, the User has a right of recourse with a Consumer Ombudsman
for the amicable resolution of any dispute on the execution of these GTCS, as provided
for in article Cap. 26 Sale of Goods Ordinance - HERE, and , as well as following of the
Consumer Complaints - HERE.
13 – COMPETENT JURISDICTION
Any dispute concerning the validity, interpretation or execution of these General
Conditions of Sale shall be brought before the Hong Kong Courts.
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