1st June 2015

It is recommended that, prior to using EARLY WORK, the User and visitor should read the following Terms and Conditions of Use with care. The following items establish the legal framework pertaining to the relations between EARLY WORK and its visitors, Users, Sellers and Buyers.

The effective date of these Terms and Conditions is June 2015. To the extent any translated version of the Privacy Policy conflicts with the French version, the French version shall prevail.

 

I. PREAMBLE

The present Terms and Conditions of Sale and Use (hereafter "Terms and Conditions") apply to every User and visitor to the Internet site http://www.early-work.com (hereafter "Website"), to any associated tools, and to services provided by Company 40 via EARLY WORK.

Furthermore, Users are invited to accept the present Terms and Conditions from the moment they create an account. Without this action of acceptance, the User will not be able to gain access to the Services.

EARLY WORK reserves the right to modify its Terms and Conditions at any time by alerting its Users of this modification via email or by displaying these changes on the Website. In the event of an email notification, it is understood that the User has received the email within 12 hours of its transmission. All changes will be effective one (1) month after their online publication. The Terms and Conditions cannot be modified in any other way.

EARLY WORK invites you to contact our team with any questions regarding the present Terms and Conditions at the following address:

EARLY WORK 8 rue de foin 75003 Paris,

support[@]early-work.com

If you are considered to be a consumer, the present Terms and Conditions shall not exclude or limit the responsibility on the part of EARLY WORK, excepting in the following cases established by law: in the event of irresistible force or unforeseen circumstances, your own fault, or the fault of a third party.

 

II. TERMS

The terms introduced below, and headed by capitals, carry the following meaning:

Buyer defines the Users of EARLY WORK who buy, or who have bought, one or more works presented on the Website;

Annex defines an annex to the Terms and Conditions;

Terms and Conditions defines the present Terms and Conditions of Sale and Use of both the Website and any associated Annexes. The Terms and Conditions legally bind the Users of the Website to Company 40;

Conditions of Sale for Artists defines the conditions of sale of a work on EARLY WORK.

Order defines any purchase effected on the Website by a Buyer, and defines the stage during which the Buyer effects an order for a work;

Commission and/or Selling Fees defines the sum mutually agreed between the Seller and EARLY WORK, the latter intervening as a transparent to Seller broker. Additionally, these terms correspond to the amount that EARLY WORK is entitled to deduct as commission from the Price of the Work;

Account defines a valid account allowing access to the services offered by EARLY WORK on its Website;

Personal Data defines any data of a personal nature relating to a physical person or entity who is, or who could be, identified;

EARLY WORK defines the services proposed by Company 40, which are accessible via the Website or all other mobile applications or interfaces belonging to Company 40;

Shipping Fees defines the sum corresponding to the expense incurred by the Seller for the delivery of the Work to the Buyer. For delivery outside mainland France, Monaco, Corsica and Andorra, additional Shipping Fees apply as detailed in Article 5 of the Terms and Conditions.

Work(s) defines the entirety of the artworks for sale on the Website regardless of shape or material;

Party/Parties defines Company 40 and/or the Users;

Confidentiality Policy defines the document administered by Company 40 presenting the treatment of Personal Data of Users and defines their corresponding rights;

Price of Work defines the sales price from which the commission can be calculated. The Price of Work is ultimately fixed by the Seller following a process of reflection with the EARLY WORK team.

Retail Price defines the sum ATI (all taxes included) which is paid by the Buyer in exchange for a work. The Retail Price comprises ATI, as well as Commission and Shipping Fees. For shipping outside mainland France, Monaco, Corsica and Andorra, additional Shipping Fees may be applicable. The amount is paid into the escrow account belonging to Company 40 to ensure the highest possible security during the transaction.

Website defines the Internet site EARLY WORK, accessible at the address www.early-work.com and belonging to Company 40;

Transaction(s) and/or Sale(s) defines all sales operations for the purchase of a Work completed using the Website;

User(s) defines any person or entity subscribed to the Website and identified by means of an Account on the Website, or any visitor to the Website, including Buyers and Sellers;

Seller defines any student artist or young graduate in Art whose work is available to buy on the Website.

 

III. OBJECTIVE

EARLY WORK is a marketplace that enables students, who are conventionally attending art school, and graduate artists of fewer than five years, the opportunity to sell their work at a fixed price. The purchase of an artwork is unconditionally open to the aforementioned, providing the legal conditions necessary for a sales contract can be satisfied.

EARLY WORK does not hold in its possession the artworks for sale on the Website.

In its capacity as a marketplace, EARLY WORK does not intervene in the transaction between Buyer and Seller. Thus, the sales contract is agreed directly between the Buyer and Seller. EARLY WORK makes every effort to ensure that the sale is effected under the best possible conditions (notably by advising all contracting partners on the best delivery methods, insurance, the presentation of objects for sale, and by taking responsibility for the shipping fees as outlined in the Terms and Conditions,). Nevertheless, in respect of its role as a third party in the sale; EARLY WORK cannot be engaged on the sales contract.

 

IV. CONCLUSION OF THE SALES CONTRACT

The sale of Works on the Website is subject to present Terms and Conditions and to Conditions of Sale for Artists.

The Works presented on the Website are accompanied by a description facilitating the Buyer’s understanding of the Work’s essential characteristics and the price. In addition, the Buyer is given the opportunity to receive advice and information from the EARLY WORK team regarding a Work for sale on the Website.

The Buyer selects the Work, or Works, they wish to purchase.

The Buyer confirms and acknowledges their choice and again accepts the present Terms and Conditions by clicking a validation. The aforementioned chooses their payment method, and is given the choice between credit or debit card, cheque and/or bank transfer.

The Buyer should receive a confirmation email regarding their Order. Nonetheless, the sales contract agreed between the Buyer and the Seller is subject to the subsequent condition that the Work is available and that the payment has been successfully received.

The Buyer is informed by EARLY WORK that one or more of the Works that they have displayed online is the object of an Order.

It is the Seller’s responsibility to confirm and/or deny the availability of the Work ordered by the Buyer within a period of 7 days following the notification sent by EARLY WORK informing them of the sale.

In the event where one (1) Work is the object of an order by several Buyers at one time, and depending on the availability of this Work (a unique work), the aforementioned will be sold uniquely to the first buyer to have completed their Order. The Order will therefore be cancelled for the remaining Buyers.

Once the availability of the Work is confirmed or denied by the Seller, an email is sent by EARLY WORK to the Buyer in order to inform the latter of the availability, or otherwise, of the Work.

In the event of the availability of the Work being positively confirmed by the Seller, the subsequent condition attached to the sales contract agreed between the Buyer and the Seller is released, thus the sale is perfect. The Buyer must pay the agreed Price and the Seller acts to deliver the Work to the Buyer or to put it at the Buyer's disposition or, alternatively, — if mentioned on the Website —, to the EARLY WORK premises, in the conditions established by the present Terms and Conditions.

In the absence of confirmation of the availability of the Work within the allotted time period, or the failure to receive payment by EARLY WORK within a period of five (7) days,— to include the date of validation of the availability of the Work by the Seller, if the Buyer has selected this method of payment —, the agreed contract between the Buyer and the Seller is automatically annulled and each party is liberated from its obligations. Depending on the chosen payment method, the Buyer’s account will not be debited or will be reimbursed, and the Seller will have no obligation to deliver the Work.

Only the sales contract regarding solely the unavailable Work is relative to this resolution.

 

V. PRICE AND PAYMENT

Inscription and use of EARLY WORK is free. The sale of Works by artists is also free.

The Sales Fee is only invoiced to the Seller in the event of a sale. The Sales Fee invoiced for the use of the Website is detailed in the Conditions of Sale for Artists [accessible via the link Conditions of Sale for Artists].

The Retail price is displayed in euros ATI under the description heading corresponding to the Work on the Website. The Commission taken by EARLY WORK is included in the Price.

The currency conversion fees are at the expense of the Buyer.

Shipping Fees are included in the Retail Price for purchases for which the delivery address is situated within mainland France, Monaco, Corsica and Andorra.

For those Works that are not accompanied by a price under the description, the Retail Price is available on enquiry from EARLY WORK.

If customs, local taxes or import rights are necessary, these rights are at the expense of the Buyer and are entirely the latter's responsibility, both regarding declarations and payments to authorities and/or appropriate bodies. EARLY WORK can, with regards to this area, guide the Buyer in the direction of a competent advisor ready resolve any questions.

The settlement of purchases effected through EARLY WORK, in its capacity as intermediary, is effected by bank card, transfer or cheque from EARLY WORK. This latter pays in the corresponding amount ready for transfer to the Seller's account, first blocks the amount until the transaction is deemed perfect and redistributes the amount for the Price of the Work to the Seller, with the deduction of the Commission taken by EARLY WORK.

 

VI. SECURITY OF PAYMENT

EARLY WORK has actively chosen performing and rigorous tools with regards to the security of payment methods.

EARLY WORK has adopted PayPal and Stripe as solutions for methods of payment which both establish a direct encrypted connection between the Buyer and the bank.

EARLY WORK has in no instance access to confidential information relating to the payment method used by the Buyer during the transaction. For this reason, the bank account details pertaining to the Buyer will be asked for at every new Order. Only PayPal and Stripe dispose of confidential information that remains inaccessible to third parties.

Although EARLY WORK uses encrypted security software, the security of information and of payments effected by Internet or by email cannot be guaranteed.

EARLY WORK cannot be held responsible for damages resulting from the use of electronic means of communication, including (but not exhaustively) damages resulting from a failure or a delay in transmission of electronic communication, interception or manipulation of electronic communications by third parties or by information programmes used for electronic communication and for virus transmission.

 

VII. DELIVERY METHOD AND/OR COLLECTION FROM EARLY WORK PREMISES

The Buyer has the possibility to have the Work delivered to their home address, detailing this during the process of effecting an Order. The Work is delivered to the address provided by the Buyer in the Order details. In this instance, the Seller, providing that they have confirmed the availability of the Work and that EARLY WORK has notified them of the reception of payment, is charged with packaging the Work and putting it in the care of a courier. The Conditions of Sale for Artists determine the conditions surrounding which EARLY WORK undertakes the financial responsibility of the Shipping Fees [accessible via the link Conditions of Sale for Artists].

Depending on the address chosen by the Buyer, different tax rules and other fees can apply. The Buyer will be responsible for any costs incurred by these taxes and customs charges, not included in the original Retail Price.

It is the Seller's responsibility to transfer the ordered Work to a courier within the indicated time period, to include the date of confirmation of the availability of the Work.

It is the sole responsibility of the Buyer to ensure that all details communicated to EARLY WORK concerning delivery are, and remain, correct, and that they allow for the smooth reception of Works bought on the Website. To this end, the Buyer must perfectly record their address, the necessary access requirements (e.g. door codes or inter-phone, floor, telephone number and all other information which could facilitate the delivery of the Work). If all the elements necessary for delivery of the Work have not been correctly recorded, EARLY WORK cannot be held accountable for any additional fees linked to transport. Additional fees will be the responsibility of the Buyer.

For those Works that necessitate installation IN SITU, and therefore require the presence of the artist, the entirety of the installation cost is at the Buyer's expense.

The Buyer also has the option to collect the Work ordered on the Website directly from the EARLY WORK premises if the option "Available from EARLY WORK" has been given on the Website at the time of the Order.

 

VIII. RIGHTS OF WITHDRAWAL

In conformation with the current legal dispositions, within the framework of a purchase effected from a professional Seller established in the European Economic Area, the Buyer, if this latter is themselves an inhabitant of this zone, disposes of a 14-day period to be effective from the reception of the Work ordered, to undertake, from that of the Seller, their right for withdrawal, without having to justify their motive, nor pay a penalty.

For every purchase effected from a Seller otherwise not a member of the European Economic Area, or if the Buyer themselves is not an inhabitant of this zone, the right of withdrawal is not applicable.

The Buyer exercises his withdrawal right directly from EARLY WORK by email to the address support[@]early-work.com. EARLY WORK will next undertake to notify the Seller by email. The Seller must then do their upmost to amiably resolve the dispute between themselves and the Buyer.

In the instance of the right of withdrawal within the aforementioned time period, only the Price of the Work at the time of purchase will be reimbursed by EARLY WORK, the return fees are at the Buyer's expense.

The Work should be returned in perfect condition, in its original packaging and sent in conditions identical to those of its delivery.

 

IX. DISPUTES – CONTROVERSIES

In the instance of a dispute between you and EARLY WORK, we strongly encourage you to contact us in the first instance in order to find a solution. We take into account reasonable demands of the resolution of disputes by the channel of alternative procedures, such as mediation or arbitration, in their capacities as alternatives to legal proceedings.

Excepting explicit contrary information, the present Terms and Conditions are governed by French law. Users acting in their capacity as professionals accept that any complaint or dispute that they hold against EARLY WORK is resolved by a court based in Paris (France), except in the case of an agreement between parties to the contrary.

In general terms, the Seller acts to deliver a quality service to the Buyers.

To this end, any Buyer wishing to signal a complaint about a Work purchased has the opportunity to send an email to EARLY WORK, via the address support[@]early-work.com, providing this email is sent within twenty-one (21) days of receiving any work. This method applies for all complaints concerning Works ordered: Work not received; Work does not conform to description; and/or Work damaged.

In the instance of complaint from a Buyer concerning a Work, once the Seller has been informed of the said complaint by an email from EARLY WORK, the Seller takes the responsibility for the resolution of the dispute between themselves and the Buyer. Disputes are directly resolved between the Buyer and the Seller. The Seller must do their upmost to amiably resolve the dispute between themselves and the Buyer.

 

X. PARTIAL INVALIDITY

Hypothetically, where one of the articles stated in the Terms and Conditions could be considered as illegal or invalid or, for any reason, inapplicable, the other stipulations of the present Terms and Conditions remain current.

 

XI. APPLICABLE LAW

The present Terms and Conditions are subject under French law. All disputes relative to their interpretation and/or to their execution incurs French jurisdiction.