Terms of Service

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on July 21st, 2021.

This Terms of Use Agreement sets forth the standards of use of the website at www.chatdesrues.com (the “Site”) operated by Chat Des Rues Gallery LLC (“Chat Des Rues” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Chat Des Rues is providing Member with access to buy and/or sell artwork, fashion products or other merchandise sold within the Website.

a. Customer: Consumer of art who makes use of the platform as a (potential) buyer of one or more products. The customer is able to purchase one or more products through the platform’s ordering system which may provide delivery via the art gallery’s system or directly from the artist. Any purchase of art that has not been concluded by means of the platform’s ordering system, in the context of which the customer has directedly contacted the artist, does not stand by terms of service in which the site is liable.

b. Artist: The Artist is able to present and sell art via the Website. Chat Des Rues will collect 10% of the final sale price. In the case of which the artist has been recruited through a third party (“Curator”), the Curator will receive 15% of the final sale price. Following an exhibition, the artist will be featured on the site for the following 6 (Six) months, post exhibition, with purchasing option available.

2. Disclaimer of Warranties

The Site is provided Chat Des Rues on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Chat Des Rues makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Chat Des Rues shall have no liability for any interruptions in the use of the Site. Chat Des Rues disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

Lamination of Liability

Chat Des Rues SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Chat Des Rues 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 THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Chat Des Rues HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

Customer/Artist agree to indemnify and hold Chat Des Rues, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out Customer/Artist’s use of the Site, the violation of this Agreement, or violation of any law by Customer/Artist.

Modification and Interruption to Site

Chat Des Rues reserves the right to modify or discontinue the Site with or without notice to the Member. Chat Des Rues shall not be liable to Member or any third party should Chat Des Rues exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Chat Des Rues does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Chat Des Rues’ control.

Information for Customers

Purchases of items from the Site are governed by the terms set forth by Chat Des Rues (see 1a.). Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, the purchase will not be sent to the Customer.

Copyright and Trademark Information

By submitting to Chat Des Rues any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all  copyright rights, in and to the Images. You grant to Chat Des Rues the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that Chat Des Rues’ use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Chat Des Rues harmless from any claims or demands, including attorneys’ fees and costs, incurred by Chat Des Rues with respect thereto.

All images on the Site are either owned or licensed by Chat Des Rues may not be reproduced or used in any manner without the express written permission of Chat Des Rues and, if appropriate, the relevant artist. Copyright © 2021 Chat Des Rues, LLC. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to International copyright laws.

8. Order Terms

Orders are to be produced upon request via the gallery shop. Each order is custom made upon customer order.
The final price does not include Delivery country Tax
The departure of purchases will be shipped within 21 days of final purchase. Arrival upon the customer is dependant on the shipping company (DHL)
Due to items being manufactured upon request and order, all sales are final.
In an event that the item is received broken and/or in an inadequate state, the customer will be refunded after assessment of the delivery company.

9. Other terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Chat Des Rues in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer/Artist. Customer/Artist agrees that by accepting this Agreement, Customer/Artist is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Chat De Rues Privacy Statement.

10. DELIVERY TERMS

Goods will be delivered to the delivery address specified in the order. We only deliver to residential and business addresses, hence, not to PO boxes. Your goods will be delivered Sunday to Friday. The time of delivery depends on the country in which the delivery takes place and the carrier used. The goods must be signed upon receipt. It does not necessarily need to be signed by you. People at the delivery address (e.g. a family member, friend or receptionist) may sign for the receipt with a binding effect on you.

Our carrier will make one delivery attempt. The carrier will leave a receipt, which informs you about the details of the next delivery attempt and the possibility of a self-pickup. The carrier will usually keep the goods up to 7 days before returning them to us as undelivered. Please note that our carrier can also deliver the goods to your neighbor, if you have given your consent to this and if the circumstances allow it. Please note that the risk of loss or damage to the goods passes to you after delivery. If the package appears to be damaged you should refuse to receive the goods. If you wish to complain about any lack of conformity, you are required to give notice to us.

Please note: We do not support the use of freight forwarders. If you choose to place an order using a freight forwarder or third-party international shipping service for packages to arrive to a country where we currently do not ship, we cannot guarantee any goods in your order will arrive properly, on time, or without potential damage. Additionally, we cannot accept returns or offer refunds for any items delivered to a freight forwarder or shipment location other than our approved list of destinations.

Local taxes and customs duties are not included in the shipping cost and will be added at the time of delivery.

SEPARATE DELIVERIES

If your order consists of multiple goods, we reserve the right to make separate deliveries. Separate deliveries may be necessary if certain goods are delayed or out of stock at the time of ordering. You will be informed if your order is subject to separate deliveries. You will not be charged with additional delivery costs for separate deliveries.

List of Countries Eligible for Shipping and Delivery from the Website:

(AL) Albenia
(AR) Armenia
(AT) Austria
(BE) Belgium
(BA) Bosnia & Herzegovina
(BG) Bulgaria
(IC) The Canary Islands
(HR) Croatia
(CY) Cyprus
(CZ) The Czech Republic
(DK) Denmark
(EE) Estonia
(FO) Faroe Islands
(FI) Finland
(FR) France
(DE) Germany
(GI) Gibraltar
(GR) Greece 
(GL) Greenland
(GG) Guernsey
(HU) Hungary
(IS) Iceland
(IE) Rep of Ireland
(IT) Italy
(JE) Jersey
(LV) Latvia
(LI) Liechtenstein
(LT)Lithuania
(LU) Luxembourg
(MT) Malta
(MD) Rep. Of Moldova
(MC) Monaco
(ME) Rep. Of Montenegro
(NL) The Netherlands 
(MK) North Macedonia
(NO) Norway
(PL) Poland
(PT) Portugal
(RO) Romania
(SM) San Marino
(RS) Rep of Serbia 
(SK) Slovakia
(SI) Slovenia
(ES) Spain
(SE) Sweden
(CH) Switzerland
(TR) Turkey
(UA) Ukraine
(GB) United Kingdom
(VA) Vatican City