TERMS AND CONDITIONS

1 – Entreprise 1point61

1point61 is a private limited company (SARL) with an initial capital of €8,000. The company is registered at the Registre du Commerce et des Sociétés de Paris under the number Paris RCS C 750 280 21 895. Its commercial activity consists in buying and selling works of art and in supplying services of a cultural or artistic nature, in France and abroad. It also has an advisory capacity regarding art and culture. 1point61, 39 rue du Cherche Midi, 75006 Paris Private Limited Company under French law (SARL). Initial capital of €8,000. Registered at RCS de Paris under the number Paris C 750 280 21 895. E-mail: contacts@1-61.fr - Web : www.1point61.com Telephone: 01 75 43 94 42 Fax: 01 75 43 94 43 2 – General conditions These conditions are applicable to all sales of works of art present on our site 1point61.com. On purchase, the buyer declares that he or she is aware of and fully accepts all the terms and conditions applied to the company’s sales. These conditions, in association with the order form, represent the buyer’s contract. 3 – Ordering a work of art on our site. After selecting the work of art and confirming the order by clicking on the confirmation tab, the client fills in the order form. This is the final order form. On completing the form, the client automatically becomes a member of 1point61. This membership allows the client to benefit from a number of advantages. The Order Form The order form contains a description of the work of art, its code number and the total price. It also specifies the mode of payment chosen by the client. The client then confirms his or her order by clicking on the relevant tab. Payment Purchase can be made by credit car (Eurocard, Mastercard, Visa, Carte Bleue). The client who chooses this option is placed in direct contact with his or her bank. This guarantees the confidentiality of the information transmitted. The secure payment server verifies the validity of the credit card before authorizing payment and giving automatic confirmation of the result. It is also possible to effect payment by cheque. The cheque is made out to and sent to: 1point61 Service Clients 39, rue du cherche Midi 75006 Paris France The client must indicate his or her electronic address on the back of the check along with the number of his or her order. The price on the order form is the total sum due. It includes the price of the work of art and the shipping costs. By Bank Transfer: Please contact our customer services office at : +33 (0)1 75 43 94 42 Order Confirmation The total price on the order form is in Dollars or in Euros. It includes the price of the work of art, its packaging, any tax and the shipping costs. Without exception, the client is informed of all delivery costs, taxes or customs charges before final confirmation of his or her order. Payment of these additional charges is included in the total price of the purchase made by the client (including the price of the work or works of art with the added delivery charge). Consequently, confirmation of payment of the order by the client represents acceptance of the delivery charges included in the price on the order form. The delivery costs do not, therefore, represent sufficient grounds for non-acceptance of the order after its final confirmation. This confirmation represents the conclusion of the contract for the purchase of the work of art ordered by the client providing that 1point61 has confirmed the order (henceforward the “Contract”). We undertake to inform the client of the reception of an order by email after verifying the availability of the work of art and the successful conclusion of the payment process. Successful conclusion of payment entails authorization of payment by credit card by the authorization centre or following the cashing of a cheque or effective reception of a bank transfer. Billing 1point61 is subject to the particular tax regime operating for the sale of works of art in France. VAT is not applied to the sale of individual works of art and our clients are not required to bear the cost of VAT. The sales invoice is included in the email confirming the successful conclusion of an order. Unsuccessful Payment Should the payment process fail to reach a successful conclusion – notably on account of a bank’s refusal to authorize payment or a client’s cancellation of payment – 1point61 reserves the right to annul the sale without notice or delay. If needs be, 1point61 can require the customer to return the work and to bear the shipping costs incurred by the return of the work. The same conditions as those applied by the debit and credit card companies will be applied to cancellation of payment. 4- Delivery Delivery is made, during normal office hours, at the delivery address that the client indicated at the time of his or her order. Delivery is made, on average, 15 days after confirmation of the client’s order. Differences in delivery times depend on the country to which the work of art is delivered. Depending on the order and at the client’s request, works of art can be delivered within 3 days. The delivery slip must be signed by the purchaser personally as this represents proof in the case of a claim. The purchaser is required to inform the carrier or transporter of the state of the contents on delivery (damaged goods …) and to confirm reception, by email addressed to 1point61, within 3 days of delivery. 5 - Refunds French consumer protection legislation (article L.121-16 of the French Code de la Consommation) stipulates that a client is entitled to return a product within 7 working days following effective delivery. The intact order is to be returned in its original packaging. The client is entitled to a full refund or an exchange. In the case of returned works of art, delivery charges and the risks associated with shipping are borne by the client. If the delay for the return of an object falls on a Saturday, a Sunday or a public holiday, the period during which the client is entitled to a refund is extended to the next working day. The client must send 1point61 an email at the following address: contact@1-61.fr in order to exercise this right (informing us, if possible, of the reasons for returning the object). 1point61 will supply the client with the address to which the object is to be sent. We undertake to refund our clients within 15 days of reception of the returned object. 6 Copyright and Intellectual Property Infringement Under French law, the artist initiating the creation of the work of art retains legal rights over the work (copyright etc.). Works found on the website can only be reproduced with the permission of both the relevant artist and 1point61. Consequently, the client’s rights with regard to a work are limited to private use and do not include any rights to further representation or reproduction of the work. All information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials appearing on the site are fully protected by the relevant French laws concerning intellectual property, trademark and copyright etc. No reproduction or modification can be carried out without express authorisation by 1point61 7 – Personal Data Protection We undertake to protect the confidentiality of the information that the client supplies us with. On registering on the site, the information that the client supplies on his or her order form – or during any other communication – may be processed electronically for the purposes of completing the order and in order to ensure secure payment, the delivery of the work and the completion of all other aspects of the commercial transaction. As a result, this information may be transmitted – exclusively for the above mentioned purposes – to public bodies or private companies in France and abroad. The client confirms his or her acceptance of these conditions on confirming the order. Under French law n° 78-17 of 6 January 1978 (informatique et libertés), the client is entitled to access this information, to require its modification or its correction or to demand its removal from our data base. These rights can be exercised by sending 1point61 an email at the following address: contact@1-61.fr The security and confidentiality of all information that 1point61 receives is guaranteed by Paybox. All information concerning the client’s account or credit card details is processed directly by the Paybox site and is, under no circumstances, communicated to 1point61SARL. 8 – 1point61’s Commitments 1point61 cannot be held responsible (or considered as liable to blame in the processing of your order prior to the drawing up of the contract or in the execution of the contract) for any delay in or failure to complete the order if these latter are the result of an Act of God or a force majeure (e.g. a storm). This corresponds to article 1148 of the French Civil Code as interpreted by French jurisprudence. 1point61 cannot guarantee, whether explicitly or implicitly, the quality and performance of the site or the client’s ability to complete transactions through the site. 1point61 cannot as a result by held responsible for any difficulties or claims due to the client’s inability to access the site, to the functioning of the site, the non-completion of a sale or transaction for technical reason, for lateness in the communication of emails, in the presentation of a work, for an oversight on the part of 1point61 or of a salesperson. As is the case with all internet sites, 1point61 cannot guarantee the reliability of the site, that the connection will not be interrupted or that the site will be entirely virus free or without error. The company’s liability with regard to users or third parties is fixed at €100. Given that the works to be found on the site conform to the requirements of French law, 1point61 cannot be held responsible for non-respect of the law in the country to which the works are delivered. 1point61 invites clients to familiarise themselves with the specific nature of the law and its application in the country to which the works are to be delivered. 9 – Applicable Law These terms and conditions are governed by and construed in accordance with French law and the client hereby submits to the exclusive jurisdiction of the French courts (Tribunaux de Paris). Our site and our services can be used by all persons who possess the legal entitlement to enter into contracts by law. Minors, in particular, are not entitled to make use of our on line sales services. Only the French text of the present terms and conditions is applicable under French law. If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable. The failure to exercise any of the above rights does not represent a waiver of this right. These terms and conditions or any right of access to the site are not transferable.