Terms & Conditions
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
The terms below are provided in application of French law 2004-575 of 21 June 2004 about confidence in the digital economy.
"Company", "we", "us" or "RIOT Art" means RIOT ART SAS, société par actions simplifiée (simplified joint-stock company) whose head offices are located at 11 rue Villedo, 75001, Paris, France. SIREN 810 308 056.
"Buyer" means the person who's name is printed on the Order
“Vendor” means the artist, gallery or rightful owner of the Artwork whose name is indicated on the description of each Artwork
"Contract" means the order and Order Confirmation (incorporating any Special Conditions)
"Defective" means containing a fault or defect
"Products" means the Artwork which the Vendor is to sell in accordance with these Terms and Conditions
"Order" means the Buyer's Order for Products or services
"Price" means the price together with postage and packing in force at the date and time of the Order
"Receipt" means the date when the Order has been delivered to the buyer
RIOT ART is neither the buyer nor the seller of the Vendors Products even though we will receive your payment on behalf of the Vendor. Only the Vendor, whose name is indicated on the description of each Product, is the contractual party to the Buyer for the purchase of those Products. Products may not be returned to or exchanged by RIOT ART.
3. Site Access
RIOT ART grants you permission to use our Site as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Site in any medium without RIOT ART's prior written approval; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Site as permitted is solely for your own personal use.
In order to access some features of the Site, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account and user profile you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify RIOT ART of any unauthorised use of your password or account or any other breach of security. RIOT ART cannot and will not be liable for any loss or damage arising from your failure to comply with this.
By registering with the Site, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If RIOT ART suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Site.
You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Site in a manner that sends more request messages to the RIOT ART servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RIOT ART grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RIOT ART reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
4. The Site
These Terms and Conditions apply to all users of the Site, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by Vendors and any other materials (collectively the "Content") or services to the Site. The Site may contain links to third party Sites that are not owned or controlled by RIOT ART. RIOT ART has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Sites. By using the Site, you specifically release RIOT ART from any and all liability arising from your use of any third-party Site.
5. Sales of Products by RIOT ART
RIOT ART offers a platform for Vendors to sell their Products for sale www.riotart.co. The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, ie. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order. The packaging of the Products may vary from that shown on images on our site. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
6. Orders and Specifications
The Vendor is informed by RIOT ART each time an Artwork he posted was subject of an order. All Products are offered for sale subject to availability and subject to the Vendors acceptance of the Order.
The Buyer receives an email confirmation that states that the order has been accepted. No Order shall be deemed accepted by the Vendor unless and until it is confirmed unconditionally by the Vendor in the Order Confirmation.
The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 3 days of receipt of the information referred to in line i). In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
Once the availability of the Product(s) is confirmed or denied by the Vendor, RIOT ART will send an Order Confirmation to the Buyer via email.
v. In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequently tied to the sales contract between the Buyer and the Vendor is lifted; The Buyer agrees to make payment for the Product; the Vendor agrees to deliver the Products or make them available at the point of sale within the period specified once RIOT ART confirms receipt of payment.
vi. In the absence of confirmation of availability of the Product(s) within the period referred to in line iii), or if the Product is no longer available or because of an error in the price on our site as referred to in point 7. we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
vii. Non-receipt of payment by RIOT ART within 5 business days from the date of confirmation from the Vendor of availability of the artwork, the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from their requirements.
We reserve the right to amend the specifications of any of the Products without prior notice. Additionally, given the unique, hand-crafted nature of many of the Products sold on RIOT ART, the exact size of Products may alter slightly from piece to piece and from the official Products dimensions listed on the RIOT ART Site.
7. Price, Payment and Currencies
The purchase price of the Product is determined by the Vendor. All prices are inclusive of a FR VAT rate of 20%. The final adjustment to VAT will occur during the check out process. If you are having your purchase exported from the EU you will not be charged any VAT/Sales Tax. The Buyer shall be responsible for any other taxes applicable in the territory to which the Products are sent. Delivery charges are not included in the price.
Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Vendor. Payment in full will be taken at this time and the Contract will be in force.
RIOT ART is based in France and accepts EUR payments. The company may offer multi-currency enabled transactions, which means the Buyer can select the currency of their choice at check-out.
The Buyer undertakes that all details provided to the Vendor for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Vendor and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered.
Any credit towards payment is accumulated and may only be applied at the sole discretion of the Vendor. RIOT ART reserves the right to limit, invalidate, or deny the application of credit to a purchase or rental at any time. The Vendor may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by RIOT ART.
It is always possible that, despite reasonable efforts, some of the Products on our site may be incorrectly priced. If an error in the price of the Products has been discovered, the Buyer will be informed of this error and will be given the option of continuing to purchase the Product at the correct price or cancelling the Order. RIOT ART will not process the Order until instructions from the Buyer have been received. If we are unable to contact the Buyer using the contact details provided during the order process, RIOT ART will treat the order as cancelled and notify the Buyer in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, RIOT ART does not have to provide the Products to you at the incorrect (lower) price.
8. Security of payments
The Site, created using Squarespace, is level 1 PCI compliant and uses 128 bit SSL encryption to ensure credit card data is safe and secure. RIOT ART does not, in any case, have access to confidential information relating to the payment method that the Buyer uses during checkout.
Although RIOT ART uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. RIOT ART cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
9. Shipping Methods and Fees
The place for delivery of the Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of RIOT ART. The buyer will accept delivery costs upon checkout of the Order.
The Vendor will endeavour to process and ship the purchase Order within 7 days of Order Confirmation, Any dates quoted for delivery of the Products are indicative only. Time for delivery will not be of the essence of the Contract and the Vendor will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Products howsoever caused.
iii. Depending the Buyer's delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from a Vendor outside of his territory, he may need to pay import duties upon receipt of the Product(s). Neither RIOT ART nor the Vendors have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. The Buyer must comply with all applicable laws and regulations of the country for which the Products are destined. Neither RIOT ART nor the Vendor will be liable or responsible if the Buyer break any such law.
iv. The Vendor agrees to provide to RIOT ART, who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the tracking number of the package. This allows the Buyer to track the status of the order on the carrier's website, provided that the carrier offers a package tracking service. In that case Products are transported at the Vendor's risk.
The Buyer must inspect the Products on delivery and, in the case where Products have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Products indicated on that document free from any apparent defect or damage. If the Products are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
If the Buyer wrongfully fails to take delivery of the Products, the Vendor shall be under no obligation to refund the Price.
International shipping destinations are set by the Vendor. RIOT ART does its best to encourage Vendors to ship worldwide, but in some cases, Vendors will only ship to a limited set of countries. If you wish to have a Product delivered to a country that a Vendor currently does not ship to, please contact: email@example.com
10. Risk of Damage and Transfer of Products
Risk of damage to or loss of the Products will pass to the Buyer on delivery at the agreed address.
Notwithstanding delivery and the passing of risk in the Products, property in the Products will not pass from the Vendor until the Vendor has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Vendor in respect of the Contract or any other Contract between the Vendor and the Buyer.
11. Returns, refunds, exchanges and cancellations
The Buyer shall have the right to return a purchase within 14 (fourteen) days of Receipt for an exchange or refund at his preference if the item is Defective or for any other reason provided they send an email to: firstname.lastname@example.org within 14 (fourteen) days of Receipt stating the Invoice Number, Artwork title, Reason for return and Request for exchange or refund. RIOT ART will then notify the Vendor by email.
The Buyer will be obligated to return the Product(s) to the Vendor in the condition it arrived in, via the instructions that RIOT ART sends to the Buyer. The Vendor is then personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. The Vendor will make all possible efforts to resolve the dispute with the Buyer amicably.
Only the price of the Product(s) purchased and the shipping costs will be reimbursed by RIOT ART, whereas the return costs will remain the responsibility of the Buyer.
All Products must be returned in their original packaging (which the Buyer should retain for the purpose), along with any certificates of authenticity, and must be in an unused condition.
RIOT ART will not be held liable for any damage to any Products caused anytime after Receipt of the Order. RIOT ART will not be able to accept any returns of Products that have been damaged after Receipt
RIOT ART will process and refund/exchange all returns within 30 days of receiving returned Products from the Buyer in the post or via our chosen common carrier. For orders outside of the EU, RIOT ART may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
Buyers may request to cancel an Order within 24 hours of placing the Order by emailing email@example.com RIOT ART will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.
12. Intellectual Property Rights
All texts, comments, works, illustrations, Artworks, and images reproduced or depicted on the Site are subject to copyright and other intellectual property rights under French and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of RIOT ART or as expressly provided herein. RIOT ART reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Artworks of third parties obtained through the Site for any commercial purposes. You agree not to download or print any Artworks for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. If you notice of any infringement of intellectual property rights please notify RIOT ART via email at: firstname.lastname@example.org
RIOT ART reserves the right to remove any Content and/or Artwork if we believe it may infringe the copyright rights of others. RIOT ART also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Terms of Service.
13. Warranty Disclaimer
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, RIOT ART, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, Vendor, owner, or operator of RIOT ART, disclaim all warranties, express or implied, in connection with the Site and your use thereof. RIOT ART makes no warranties or representations about the accuracy or completeness of the Sites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Site, (iii) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (iv) Any interruption or cessation of transmission to or from the Site, (v) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our Site by any third party, and /or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. RIOT ART does not warrant, endorse, guarantee or assume responsibility for any hyperlinked Site or other promotion, and RIOT ART will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from RIOT ART or through or from the service or the Site shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
All users of the internet are required to take all appropriate measures in order to: (i) protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage (ii) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Site (by sending an email via the contact form) so that RIOT ART can make all verifications, and if necessary, erroneous information can be corrected
RIOT ART declines all responsibility in relation to sales concluded by the intermediary of its Service with Vendors, of which it has no knowledge. Any complaints in relation to comments appearing in Product descriptions or delivery of Products should be addressed to the designated Vendor, who is fully and solely responsible. The Buyer is solely responsible for his/her usage of the Site.
The Buyer agrees, upon a first request including in the event of an inconclusive court decision, to compensate and indemnify RIOT ART for any damage, loss, loss of earnings, complaint, liability and costs including legal fees and costs that RIOT ART may incur if its responsibility should be called into question by a third party, due to a claim or action linked to such use of the Service by the Buyer.
Buyers are informed that RIOT ART may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.
14. Copyright Notice
The Site is All Rights Reserved and no portion of the Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of RIOT ART.
All of the RIOT ART and Site trademarks are owned by RIOT ART and may not be used for any purpose without the prior written permission of RIOT ART.
16. Modifications to the Site
RIOT ART reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. RIOT ART shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
It is your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
17. Violations of These Terms & Conditions
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to email@example.com
18. Applicable law
These Terms and Conditions are subject to French law. Any dispute concerning their interpretation and/or execution shall be relieved by the French courts.