TERMS & CONDITIONS

Ownership of site - Agreement to terms of useThese Terms and Conditions of Use (the "Terms of Use") apply to the Bigaignon website located at www.bigaignon.store, and all associated sites linked to www.biagignon.com by Bigaignon SAS, its brands, subsidiaries and affiliates, including the gallery's sites around the world (collectively, the "Site"). The Site is the property of Bigaignon SAS and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Bigaignon reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Bigaignon grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bigaignon SAS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Bigaignon SAS's express prior written consent.You may use information on Bigaignon SAS offering purposely made available by Bigaignon SAS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your use of the site.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Bigaignon SAS reserves the right to bar any such activity.You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Bigaignon SAS server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bigaignon SAS, including any Collectors Confidential account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Bigaignon SAS’s systems or networks, or any systems or networks connected to the Site or to Bigaignon SAS.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bigaignon SAS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bigaignon SAS or others.

Acquiring a product.

To acquire a product simply click on the "ACQUIRE" button below the product description. You will redirected to the checkout page, and you will be able to enter your credit card details. We also accept PayPal transactions, as well as Apple Pay. Should you prefer to send us a banking wire transfer, you can call us at +33 183 560 582 anytime from 11am to 7pm (UTC+1) or contact us at contact@bigaignon.com. Note that a product cannot be "reserved". It will be considered as sold and taken out of the website only when the transaction has been clearly made. In the event of a banking wire, we will ask you to send us the banking transfer confirmation slip. 

Order acceptance and confirmation.

Bigaignon SAS may, in its sole discretion, refuse or cancel any order. We may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify the gallery's acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Bigaignon SAS reserves the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, we will refund the billed amount.

Shipping and deliveries.

We proudly provide a free worldwide shipping service to all of our customers. Once we receive the payment, we deliver the product to you through the Fedex carrier and you will be provided a tracking number. We ask you to take into account the availability delay described in the product details and shopping cart to evaluate an approximate  delivery date. Since the actual delivery of your order can be impacted by many events beyond our control once it leaves our facilities, we cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.

Duties & Taxes.

You accept that orders shipped outside of the European Union are subject to regular customs duties and fees levied by the destination country which have to be paid upon receipt of your order. VAT and/or custom duty may apply in your country. Customers outside the European Union must check the tax policy in their own country. Imports need to be declared when they arrive in the delivery country, and may incur import tax. Bigaignon SAS is not responsible for and can offer no specific advice on import fees, duty, Customs or taxes that you may be charged when your merchandise reaches you. We urge you to consult your local government import office with any questions.

Returns.

There are a few important things to keep in mind when returning a product you purchased online from the Site: (1) You have 14 calendar days to return a product from the date you received it, (2) you are due to pay the return shipping cost (it will not be refunded) and it is your responsibility to choose and select the proper carrier to ensure the product is returned to us safely and in a good state, and (3) please ensure that the product you're returning is repackaged properly and safely as it was when you received it. To return an item to us once it is safely repackaged, simply fill in the label with the following address : Bigaignon SAS - 18 rue du Bourg-Tibourg, 75004 Paris, France. We recommend using the original packaging if it has not been damaged. You can then either schedule a pickup with your carrier or drop off the package at any of the carrier’s locations.

Refund.

Once we receive your item, a refund is initiated immediately. If you paid by credit or debit card, refunds will be sent to the card-issuing bank within five business days of receipt of the returned item or cancelation request. Please contact the card-issuing bank with questions about when the credit will be posted to your account. If you return a product to us, you will be the exporter from the destination country. Title and risk of loss transfer to us upon our receipt of the merchandise. Bigaignon SAS can not assist you in recovering your taxes and duties. Shipping carriers will assist you for a fee. Please contact shipping carriers directly to initiate this service.   

Other terms and conditions.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Bigaignon SAS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Bigaignon SAS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Bigaignon SAS makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, passwords and security.

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Bigaignon SAS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Bigaignon SAS or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Bigaignon SAS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to other sites. 

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Bigaignon SAS’s control, and Bigaignon SAS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers.

BIGAIGNON SAS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BIGAIGNON SAS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BIGAIGNON SAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGAIGNON SAS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BIGAIGNON SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BIGAIGNON SAS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.Bigaignon SAS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability.

Except where prohibited by law, in no event will Bigaignon SAS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Bigaignon SAS has been advised of the possibility of such damages.If, notwithstanding the other provisions of these Terms of Use, Bigaignon SAS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Bigaignon SAS’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Bigaignon SAS (but not including the purchase price for any product), or (2) 100.00 euros. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity.

You agree to indemnify and hold Bigaignon SAS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Bigaignon SAS by any third party due to or arising out of or in connection with your use of the Site.

Violation of terms of use.

Bigaignon SAS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bigaignon SAS’s rights or property, or the rights or property of visitors to or users of the Site, including Bigaignon SAS’s customers. Bigaignon SAS reserves the right at all times to disclose any information that Bigaignon SAS deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bigaignon SAS also may disclose your information when Bigaignon SAS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.You acknowledge and agree that Bigaignon SAS may preserve any transmittal or communication by you with Bigaignon SAS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Bigaignon SAS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Bigaignon SAS, its employees, users of or visitors to the Site, and the public.You agree that Bigaignon SAS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bigaignon SAS, for which monetary damages would be inadequate, and you consent to Bigaignon SAS obtaining any injunctive or equitable relief that Bigaignon SAS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bigaignon SAS may have at law or in equity.You agree that Bigaignon SAS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.If Bigaignon SAS does take any legal action against you as a result of your violation of these Terms of Use, Bigaignon SAS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bigaignon SAS. You agree that Bigaignon SAS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law.

Dispute ResolutionYou agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the court in Paris, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Bigaignon SAS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void where Prohibited.

Bigaignon SAS administers and operates the www.bigaignon.com Site from its location in Paris, France. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside France. Bigaignon SAS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside France, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation France and European Union export laws and regulations.If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Bigaignon SAS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Bigaignon SAS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Bigaignon SAS, Bigaignon SAS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Bigaignon SAS's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Bigaignon SAS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Bigaignon SAS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information.

Any feedback you provide at this site shall be deemed to be non-confidential. Bigaignon SAS shall be free to use such information on an unrestricted basis.The information contained in this web site is subject to change without notice.

Copyright © 2016-2024 Bigaignon SAS. All rights reserved. Bigaignon, 18 rue du Bourg-Tibourg, 75004 Paris, France.