Article 1 - Completeness
These general conditions express all the obligations of the parties. In In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the website www.artstudio-spelliard.com and will prevail, the where applicable, on any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern exclusively their relationship. The seller reserves the right to modify its terms and conditions. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 12/01/2021.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of parties in the context of the online sale of goods offered by the seller to the buyer, to from the website www.artstudio-spelliard.com.
These conditions only apply to purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, you should send a message to: email@example.com.
The buyer declares to have read these general conditions of sale and have accepted them before purchasing immediately or placing an order. In this In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having had communication, prior to the signing of his order and at the conclusion of the contract, in a legible and understandable manner, these general conditions of sale and all the information listed in the article L.221-5 of the Consumer Code.
3.2 The following information is sent to the buyer:
- the essential characteristics of the good or service;
- the price of the good or service;
- additional costs of transport and delivery
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of stocks available.
In case of unavailability of an ordered product, the buyer will be informed by mail electronic.
For the order to be validated, the buyer must accept, by clicking on the indicated, these general conditions; He will also have to choose the address and the mode of delivery, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of the acceptance of the order by the e-mail seller;
- and after receipt by the seller of the full price and checking the provision of payment.
Any order implies acceptance of the prices and descriptions of the products available at the sale. Any dispute on this point will take place in the context of a possible exchange and of the guarantees mentioned below;
In certain cases, in particular by default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this product and its possible refund will then be carried out, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must contact: firstname.lastname@example.org.
Article 5 - Electronic signature
The online supply of the bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of the sums due under the purchase order;
- signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as the this use, to contact email@example.com.
Article 6 - Order confirmation
The seller provides the buyer with a copy of the contract, on paper signed by the parties or, with the buyer's agreement, on another durable medium, confirming the commitment to the parties.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable support and durable that can be produced on the basis of evidence.
Article 8 - Product information
The products governed by these general conditions are those which appear on the site seller's internet and which are shown as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. Nevertheless, if errors or omissions may have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on this date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.
According to Article 293B of the General Tax Code, the products are not subject to VAT.
Payment of the full price must be made when ordering. At no moment the sums paid cannot be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, increasing or decreasing, this change may be reflected on the selling price of the products.
The price is payable in full and in a single payment when placing the order, according to the following terms: credit card, PayPal.
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his option, all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. Seller reserves the right to suspend any order and delivery management in the event of refusal of authorization of payment by bank card on the part of organizations officially accredited or in case of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with which a payment dispute would be being administered. The seller put in has an order verification procedure to ensure that no no one uses another person's bank details without their knowledge.
As part of this verification, the buyer may be asked to address by email the seller a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
Payment of the price is made in cash when ordering, as follows: credit card, PayPal.
Article 11 - Product availability - Refund - Resolution
Except in cases of force majeure or when the online store is closed which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Delays shipping run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the deadline is 7 working days from day following the day on which the buyer placed his order.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the property. It is only made after confirmation of payment by the organization seller's bank.
The products ordered are delivered as follows: Colissimo delivery depending on the size and weight of the products ordered and at the exclusive initiative of the seller.
No deliveries are made to campsites, hotels, remaining posts and boxes postal. The products are delivered to the address indicated by the buyer on the order, the buyer must ensure its accuracy. Any package returned to the seller at due to an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the address of invoicing and not to the delivery address, by validating the option provided for this purpose on the voucher control.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letter box, which will allow the parcel to be collected from the location and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must You must refuse the parcel and note a reservation on the delivery slip (parcel refused because open or damaged).
The signature of the transport slip commits you and cannot therefore be the subject of of any complaint in the absence of precise and characterized reservations, written in presence of the delivery man. It is therefore imperative to check the conformity of your order and its integrity before issuing the delivery receipt (take the necessary time; in no case case the carrier cannot avoid it). Reminder: the evasive statements "subject to unpacking", "damage" or "open package" do not have no legal value.
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery.
This verification is considered to have been carried out when the buyer, or a person authorized by him signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail. at the latest within two working days of receipt of the item (s) and send a copy of this letter by email or by simple letter to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be subject to a return request to the seller within 7 days of delivery. All complaint formulated after this deadline cannot be accepted. The return of the product may only be accepted for products in their original condition (packaging, accessories, instructions ...)
By their nature and according to the article L221-28, downloadable digital products are not exchangeable or returnable.
Article 13 - Delivery errors
The complaint can be made :
- email address : firstname.lastname@example.org.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
Article 14 - Transfer of risk
The transfer of ownership and the related risks of loss and deterioration will not be realized only after full payment of the price by the buyer, regardless of the delivery date. The products therefore travel at the risk and peril of the seller.
Article 15 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a 14 working days from the date of delivery of the order, for return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer and delivery costs which are not refundable.
The products must however be returned in their original packaging and in perfect condition. condition within 14 days following notification to the seller of the decision to withdraw from the buyer.
Returns must be made in their original condition and complete (packaging, accessories, notice ...) allowing their remarketing in new condition, accompanied by the invoice purchase.
Damaged, soiled or incomplete products are not taken back.
The refund will be made within 14 days of receipt, by the seller, products returned by the buyer under the conditions provided above.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing execution in normal conditions of their obligations are considered as causes exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other part of their occurrence, as well as their disappearance.
All irresistible facts or circumstances will be considered as force majeure, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts possible. Expressly, are considered as cases of force majeure or cases fortuitous, in addition to those usually retained by the jurisprudence of the courts and tribunals French: the blocking of means of transport or supplies, earthquakes earth, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to discuss the impact of the event and agree on conditions under which the execution of the contract will be continued. If the case of force majeure for a period exceeding three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website (documents, drawings, photographs, etc.) remains the property of the seller, sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; any total reproduction or partial of this content is strictly prohibited and is likely to constitute an offense. counterfeit.
The acquisition of works of art does not in any way give a right of representation, dissemination, reproduction or any form of use for commercial purposes at its own acquirer. Only the artist Spelliard has his rights.
Article 18 - Computing and Freedom
The personal data provided by the buyer are necessary for the processing of his ordering and preparing invoices.
They can be communicated to the partners of the seller responsible for the execution, processing, management and payment of orders.
The buyer has a right of permanent access, modification, rectification and opposition regarding information concerning him. This right can be exercised in conditions and according to the modalities defined on the website www.artstudio-spelliard.com.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held for not valid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
Article 20 - No waiver
The fact that one of the parties does not rely on a breach by the other party to any of the obligations referred to in these general conditions could be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the if they are translated into one or more foreign languages, only the text French would prevail in the event of a dispute.
Article 23 - Applicable law
These general conditions are subject to the application of French law, to exclusion from the provisions of the Vienna Convention. This is the case for the rules of background as for the rules of form. In the event of a dispute or complaint, the buyer will address as a priority to the seller to obtain an amicable solution.