LEGAL NOTICE


 

1. Information

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is specified by website users www.o-c-e-e.com identity of the various stakeholders as part of its implementation and its follow-up:

Owner: Océé (represented by Oceane Buret) -32 Rue Yves Toudic 75010 PARIS FRANCE - SIREN number: 751092057

Creator: Océane Buret ww.oceaneburet.com

Responsible publication: Océane Buret

The official publication is an individual or a corporation.

Webmaster: Océane Buret - ocee.contact@gmail.com

Host: Squarespace.com

2. Terms of Use and services offered

Use of this site implies acceptance www.ocee.com full terms and conditions of use set forth below. These terms of use may be modified at any time, users of the site www.o-c-e-e.com are therefore invited to consult on a regular basis.

This site is normally accessible at all times to users. Interruption due to technical maintenance can be decided by www.o-c-e-e.com however, who will then endeavor to communicate to users before the date and time of the intervention.

The site www.ocee.com is updated regularly by Océé (represented by Océane Buret). Similarly, the disclaimer may be modified at any time: they are needed, however, that the user is encouraged to refer to it as often as possible in order to become acquainted

3. Description of services provided

www.ocee.com site aims to provide information on all activities of society.

Océé (represented by Océane Buret) strives to provide the site www.ocee.com as accurate information as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by him or due to third party partners that provide this information.

All information listed on the site www.o-c-e-e.com are given for information only, and are subject to change. Moreover, the information contained on the site www.o-c-e-e.com are not exhaustive. They are given subject to changes being made since they are posted.

4. Contractual limitations on the technical data

The site uses JavaScript technology.

The website can not be held responsible for damage arising from the use of the site. In addition, the site user agrees to access the site using the latest equipment, not containing virus and with a recent browser up-to-day.

5. Intellectual property and counterfeiting

Océé (represented by Océane Buret) owns the intellectual property rights or has rights to use all the items available on the site, including text, images, graphics, logos, icons, sounds and software.

Any reproduction, modification, publication, adaptation of all or part of the Site, regardless of the means or process, is prohibited without prior written permission of: Océé (represented by Océane Buret).

Any unauthorized use of the site or any of its materials will be deemed to constitute an infringement and prosecuted in accordance with Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of Liability

Océé (represented by Océane Buret) can not be held liable for any direct and indirect damage to the equipment user, when accessing the site, and resulting from the use of equipment not meeting specifications to point 4, is the appearance of a bug or incompatibility.

Océé (represented by Océane Buret) can not be held liable for indirect (eg such as loss of market or loss of opportunity) arising from use of the site www.ocee.com.

Interactive spaces (opportunity to ask questions in the space contact) are available to users. Océé (represented by Océane Buret) reserves the right to remove, without prior notice, any content posted in this space that would violate the law applicable in France, in particular the provisions concerning data protection. Where applicable, Océé (represented by Océane Buret) also reserves the possibility to challenge the civil liability and / or criminal user, especially in cases of post racist, offensive, defamatory, or pornographic, regardless the medium used (text, photography …).

7. Personal data management

In France, including personal data is protected by law n ° 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.

On the occasion of using the site www.ocee.com, can be collected: URL links through which the user accessed the site www.ocee.com, the provider of user, the address of Internet Protocol (IP) of the user.

In any event Océé (represented by Océane Buret) only collects personal information about the user and the need for certain services offered by the site www.o-c-e-e.com. The user provides that information with full knowledge of the facts, especially when conducting itself to seize them. It is then said to the site user www.ocee.com or not the obligation to provide this information.

In accordance with Articles 38 and following of the law 78-17 of 6 January 1978 relating to computers, files and freedoms, all users have the right to access, rectification and opposition to personal data concerning him, by making his written and signed request, together with a copy of identity document with signature of the holder of the part, specifying the address to which the reply should be sent. No personal information of users of the site is published www.ocee.com unbeknownst to the user, exchanged, transferred, assigned or sold to any support to others. Only the assumption of redemption of Océé (represented by Océane Buret) and rights allow the transmission of said information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the site user www.ocee.com.

The site is declared to the CNIL under the number 1584767

The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

8. Hypertext links and cookies

www.ocee.com site contains a number of hypertext links to other sites, set up with permission from Océé (represented by Oceane Buret). However, Océé (represented by Oceane Buret) was not able to check the contents of the sites visited, and will not assume any liability as a result of this fact.

The site navigation www.o-c-e-e.com may cause the installation of cookie (s) on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information about the navigation of a computer on a site. The data obtained are intended to facilitate subsequent browsing of the site, and also enable various measures of attendance. Refusing to use a cookie may make it impossible to access certain services. However, users may configure their computers in the following manner, to deny the use of cookies.

In Internet Explorer: tab tool / internet options. Click Privacy and select Block All Cookies. Validate Ok

Netscape: Edit / Preferences tab. Click on Advanced and select Disable cookies. Validate Ok

9. Governing Law and Jurisdiction

Any dispute related to site usage www.o-c-e-e.com is subject to French law. It shall have exclusive jurisdiction of competent courts of Paris.

10. The main laws concerned

Law No. 78-87 of 6 January 1978, including as amended by Act No. 2004-801 of 6 August 2004 relating to data, files and freedoms.

Act No. 2004-575 of 21 June 2004 on confidence in the digital economy.

11. Lexicon

User: Internet connecting, using the aforementioned site.

Personal information: “information that helps in any form whatsoever, directly or indirectly, the identification of individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

 

 

Conditions of Sale

The following Conditions of Sale (“Agreement”) define the relationship between THE TAPPAN COLLECTIVE, LLC (“TAPPAN” or “we” or “us”) and the buyer (“you” or the “buyer”) of the artwork (“Work”) sold in connection with the website at www.TheTappanCollective.com (the “Site”). We may modify these Conditions of Sale as well as any other terms, conditions or information on the Site by posting such changes on the Site. By making an offer to purchase any Work or participating in any sale, you accept and agree to be bound by these Conditions of Sale and any other policies, guidelines, FAQs and requirements that we post elsewhere on TAPPAN from time to time, including TAPPAN’s Terms of Use.

The Site.

The Site is a platform for the exhibition and sale of artwork and other property. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred under your account. In order to make a purchase, TAPPAN may use the services of third parties. We reserve the right to withdraw the Work from the Site at any time without any liability whatsoever for the withdrawal. Unless agreed otherwise in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any Work on the Site.

Buyer’s Responsibility.

Subject to fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on the Site the buyer shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. The buyer may pay by wire transfer, credit card, or ACH only. Credit card and ACH purchases are limited to a total purchase price of $25,000.00. By making a credit card purchase, the buyer irrevocably waives any charge-back rights the buyer may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card or ACH payment is not approved, the buyer will remain personally liable for the total amount otherwise due. In all cases, payment will not be deemed made until we collect the total amount due in good cleared funds. Title to the Work will pass to the buyer when physical possession of the Work is transferred to the buyer or the buyer’s agent or common carrier. Any claims regarding purchases must be made directly to TAPPAN. The buyer agrees that we may pay commissions to third parties who introduce us to clients or otherwise provide services in connection with the sale.

If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at our regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer; and/or (iii) to resell the Work publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages and legal fees associated with both sales. By failing to make any payment, the buyer will be deemed to have granted and assigned to us a continuing first priority security interest in any money or other property of or owing to the buyer in our possession, and we shall be entitled to retain and apply such money or other property as collateral security for the buyer’s obligations to us. We will have all rights of a secured party under the California Uniform Commercial Code.

 

 

Taxes.

The buyer is responsible for paying all sales, use, GST, VAT or other taxes or charges imposed by law (e.g., a resale royalty) which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) OCEE from costs associated with any failure to do so. We are required to collect sales tax for any Work delivered in the same State that the Work is currently located in.

Packing and Shipping.

We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Work.

Disclaimer of Warranties.

Except as provided for in the Certificate of Authenticity that accompanies the Work, neither OCEE nor any of our past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns make any representation of warranty or assume any liability whatsoever with respect to the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance of the Work, and no information regarding the Work provided on the Site, in a bill of sale or elsewhere will constitute any such warranty of assumption of liability. We are not responsible for any errors or omissions in any information on the Site or elsewhere regarding the Work. The Work is sold “AS IS.” We do not warrant that the buyer will acquire any copyright or other reproduction right to the Work.

Limitation of Liability.

OCEE Shall not be liable for any damages, in particular OCEE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to  any dispute regarding any Work offered and/or sold on the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if OCEE has been advised of the possibility of such damages.

Indemnification.

Buyer agrees to indemnify and hold OCEE and each and all of our past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns, harmless from any claims, damages, demands or liabilities including attorneys’ fees and costs,  arising in any way from your purchase of the Work asserted by any third party, including but not limited your breach of this Agreement, or your violation of any third party right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.

Law and Jurisdiction.

This Agreement shall be governed by and construed according to the laws of the State of California and the United States, excluding California's conflicts of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of the Site shall be filed solely and exclusively in an appropriate state or federal court located in Los Angeles County in the State of California, and you irrevocably consent to the personal jurisdiction of such courts and waive any objections you may have to such courts as the sole venue for any such claim or cause of action, including but not limited to any claim that any such court is an inconvenient forum. In the event of any conflict between U.S. and foreign laws, rules and regulations, those of the U.S. will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Other Terms.

No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements you may enter into with OCEE, is the entire agreement and understanding between you and us regarding the purchase of any Work from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiver of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limit the scope or effect of any Section.