Generals Terms and Conditions of Sale
CGV - 2020
The general terms and conditions of sale are concluded between:
The Company AMAURY DUBOIS 13 RUE DU MAIRE MARQUILLIES 59118 WAMBRECHIES, registered in the Trade and Companies Register of LILLE, Intracommunity VAT N°: FR05 519 465 488, SIRET: 51946548800012
The Company ART DUBOIS SOARES 13 RUE DU MAIRE MARQUILLIES 59118 WAMBRECHIES, registered in the Trade and Companies Register of LILLE, Intracommunity VAT N°: FR76 5307 8030 3, SIRET: 530 780 303 00018
Represented by Mr. Amaury Dubois, here in after referred to as the “Vendor”.
And the “Buyer”, defined as any individual or non-merchant legal entity who wishes to purchase a work offered for sale by the Seller on the sites shop.amaury-dubois.com. The sale of works is open to persons with the legal capacity to contract under applicable law. In particular, minors are not authorized to have access to the online sales service.
The GCS come to frame the sales of works, defined as art posters reproducing a work of the artist Seller, presented on the site shop.amaury-dubois.com (original works of the artist or reproductions) with a description putting the Buyer in a position to know its essential characteristics (technique, title, size, medium …) and including its unit price.
The Buyer is informed that the Seller does not have a physical store and sells the works through the site shop.amaury-dubois.com. Any person buying from the said website undertakes to respect these GCS, which he acknowledges having read and accepted without reservation when ordering, more particularly by checking the box “I have read the general conditions of sale and I adhere to them without reservation. (Read the General Terms and Conditions of Sale)”, during the step preceding the payment procedure […]. The action of ticking the said box by the Buyer therefore implies total and unreserved acceptance of all of these GCS.
No sale of work on the site shop.amaury-dubois.com will be considered by the Seller without acceptance of these Terms and Conditions. Therefore, the Buyer waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase, the act of purchase requiring acceptance of these GCS. These GCS are opposable to the Purchasers of the site as from the setting on line and cannot apply to the transactions concluded previously.
The Vendor reserves the right to cancel or refuse, without delay, any order which it considers to be contentious or fraudulent or any order by a Buyer with whom there is a past or current dispute of any kind. The present GCS can be modified at any time by the Vendor without notice, it being specified that the GCS applicable to the order are those available online at the date of the order.
1. COMMITMENT TO QUALITY
It is specified that the posters available on the site are all of superior quality. The artist has taken care to choose each supplier. The materials used have been meticulously selected with the utmost care. The paper used is top-of-the-range paper and the printing is done in order to make the reproduction as realistic as possible compared to the original work. The series are closed series. Each copy is numbered and signed by the artist’s hand and delivered with a certificate of authenticity.
2. ORDERING PROCEDURE
The order of the work by the Buyer takes place on the site shop.amaury-dubois.com in several stages:
Selection: The Buyer can add to his basket one (or more) Works that he wishes to acquire by clicking on the icon “Add to basket” accessible on the presentation page of the Work. The addition to the basket does not constitute a reservation of the Work, consequently, the Seller is released from any liability in the event that a third party buyer on the site reserves the Work in the interval between the addition to the basket by the Buyer and his reservation under the conditions defined below and that the Work is consequently no longer available for sale. The basket remains accessible and modifiable at any time during the connection of the Buyer on the site shop.amaury-dubois.com, by clicking on the icon “My Basket” at the top right of the site.
Summary of the order: It is requested that the Purchaser, after his choice of (or the) work, to pay the greatest attention to the summary of the order, particularly on the price indicated, the number of works selected, as well as the mode of delivery with the related price. In the basket, the Buyer can select the works he actually wishes to purchase by deleting the unwanted works. The Buyer may continue ordering the works by clicking on the “Next” icon. Attention, this action does not make the work unavailable on the site shop.amaury.dubois.com for other potential buyers (as previously stated).
Identification: If the Buyer already has a customer account on the site shop.amaury-dubois.com, the latter is invited to connect in the section “Already Registered” indicating his email address and password previously defined by the Buyer. If the latter does not have a customer account, the latter has the possibility either to order without an account, or to create a customer account. In these two cases, the Buyer will have to complete the personal information necessary for the good progress of the order (address, contacts, surnames, first name, date of birth…). The Purchaser may choose to have his/her order shipped to a different address by ticking “Ship to a different address” and filling in the corresponding mandatory fields. Otherwise, the billing address will be used as the delivery address. Fields marked with a ” * ” are mandatory information necessary for the order and delivery to be properly processed. Any error or omission in this information shall not engage the Vendor’s responsibility in the event of a dispute of any nature whatsoever related to the order.
Shipping costs: The Buyer expressly acknowledges the shipping method and pricing terms related to the delivery of (or works). In addition, the Buyer finalizes the order by ticking for validation the application without reservation of the GCS, as detailed in the preliminary article of the GCS.
Payment : The Buyer takes note of the summary of his order, including the Work(s), the unit price including all taxes, the financial conditions related to the transport, and the total including all taxes of the order. The Buyer has two possibilities of payment
(i) Pay by credit card from the PAYPLUG solution: The Buyer is invited to fill in his bank details for payment of the order. Payment is governed by the conditions of use of the solution available at the following address: https://www.payplug.com/hubfs/CGV/Conditions-Generales-de-Vente-PayPlug.pdf.
(ii) Pay by bank transfer: The Buyer receives the Seller’s bank details at the end of his order. He has 7 days to make the transfer, indicating the ID of his order in the wording of his bank transfer. The order is only considered as confirmed upon receipt of the payment on the Vendor’s bank account. If the payment is not received within 7 days, the Seller reserves the right to cancel the order.
Once the payment procedure has been completed, the Buyer receives on the e-mail address indicated when placing the order, an order confirmation including details of the Work(s), the price, the delivery and billing address, as well as a number enabling the status of the order to be tracked.
As a general rule, payment of the total amount due, i.e. the net price of the Work(s) and delivery charges, if any, will initiate the delivery process. Proof of past transactions will be recorded by the Seller or its payment system and the receipt of the payment in question will be recorded by the Seller or its payment system and the receipt of the payment in question will be recorded by the Seller or its payment system. The works on sale on the site shop.amaury-dubois.com, remain the property of the Seller, until full payment of the work and delivery costs, if any.
It is thus specified that the contract of sale concluded between the Buyer and the Seller is subject to the conditions that (i) the work is available and that (ii) the payment has been received and cashed by the Seller.
In the event of non-payment, in particular because of the bank’s refusal to honour the transaction or because of an objection made by the Buyer to the transaction (e.g. right of return), before or after the conclusion of the transaction, the Seller may ipso jure terminate the sale without delay and may, where appropriate, demand the return of the work at the Buyer’s expense. For the application of this paragraph, it is understood that the accepted cases of opposition will be the same as those recognized by the issuing credit institution.
3. PACKAGING & DELIVERY
All orders placed from shop.amaury-dubois.com are prepared by the Seller or his framing partner and shipped via LA POSTE. The packing procedure is carried out directly by the Seller.
Delivery costs (including packaging) are variable depending on the address of the Buyer, the choice of the work (especially because of the dimensions) and possible options such as framing. The shipping method is brought to the attention of the Buyer during the “shipping costs” stage in the order procedure.
It is expressly specified that in the situation where the Buyer orders several copies of the same work, it is preferable to ensure the availability of stock from the Seller. In the absence of availability, the delivery time may be extended. It is up to the Buyer to guarantee the personal data indicated at the time of the order and included in the delivery procedure. The Buyer acknowledges that failure to comply with this obligation may affect the proper functioning of the delivery service.
As a matter of principle, the works are delivered to a letter box at the address indicated on the envelope. According to the dimensions, the reception will be done by presentation of LA POSTE against signature of the Buyer. If the customer is absent when LA POSTE passes by, he will have to go to the address indicated on the notice of passage of LA POSTE and comply with the reception procedure decreed by the latter.
4. RATES – PRICES
The prices indicated for the works on sale on the site shop.amaury-dubois.com are the net prices to be paid in euros, for the Buyer excluding shipping costs. The prices displayed take into account the VAT applicable to the sale. The Seller reserves the right to change prices at any time on the site shop.amaury-dubois.com. It is however specified that the price that the Buyer must pay is that indicated at the time of confirmation of his order, this price cannot be changed thereafter.
If the Purchaser resides outside of Metropolitan France, it is expressly specified that the Purchaser will be considered as the importer of the work ordered. In this context, any possible charges, local taxes, and/or customs duties are not the responsibility of the Seller and will be charged to the Buyer. It is the responsibility of the Buyer to take full knowledge of the import conditions applicable according to his delivery address, and to declare his purchase to the competent authorities of his country of residence.
5. LEGAL GUARANTEES
The Buyer’s attention is drawn to the fact that the provisions of these GCS do not affect the rights of the Buyer by virtue of the legal guarantees provided by the Consumer Code, either in respect of hidden defects and conformity. In this context, it is therefore specified as follows. The Seller undertakes to deliver the works in accordance with the terms and conditions provided by the GCS and the order made by the Buyer. The Seller is responsible for the defects proven at the time of the reception of the work by the Buyer but also those resulting from the packaging.
The work shall be deemed to be in conformity when it is fit for the use usually expected of a similar good (in accordance with the description and legitimate expectations) or when it has the characteristics defined by the parties or is fit for the special use sought by the Buyer and expressly brought to the knowledge of the Seller having led to its express acceptance. Any claim made by the Buyer to the Seller on account of a lack of conformity may be made within a maximum period of two years from receipt of the work. If the claim is accepted, the Seller will propose to the Buyer the replacement of the work (subject to availability), or its repair or reimbursement.
Furthermore, the Seller undertakes to guarantee the Buyer against any hidden defects in the work sold which render it unfit for its intended use, or which so diminish this use that the Buyer would not have acquired it. The exercise of this warranty is also subject to the fact that the defect is deemed to be hidden (e.g.: not known at the time of the order), and that the defect is prior to the sale and renders the work unfit for the use for which it is intended.
Any claim made by the Buyer to the Seller in respect of a latent defect may be made within a maximum period of two years from the discovery of the defect. If the complaint is accepted, the Seller will propose to the Buyer the return of the work accompanied by the reimbursement of the order or the conservation of the work in return for a price reduction in agreement between the Seller and the Buyer.
Any claim for the exercise of the above-mentioned legal guarantees must be sent as soon as the Buyer is aware of it to the Seller by e-mail to the address firstname.lastname@example.org. The Buyer must imperatively attach to his claim the elements of proof that unequivocally justify the said action (explanations, photographs, etc.). The said guarantees are excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the goods, accident or force majeure.
6. RIGHT OF WITHDRAWAL
Pursuant to Article L.121-21 (law of 17 March 2014 on consumption) of the Consumer Code, the Buyer has a period of 14 days from delivery of the work to formulate his right of withdrawal to the Seller by email at email@example.com.
The work must be returned in its original packaging and in perfect condition within 14 days of notification to the Seller of the Buyer’s withdrawal. The work will travel at the Buyer’s risk and peril. The costs of return will be the exclusive responsibility of the Buyer.
Works returned damaged or soiled by the Buyer (fingerprints or traces of any other nature) will not be taken back and/or reimbursed. In agreement between the Parties, the Seller will offer the Buyer either a refund of the order within 14 days following receipt of the return of the work or a valid exchange on other works available for sale on shop.amaury-dubois.com.
7. INTELLECTUAL PROPERTY
Beforehand, it is recalled that all visual elements displayed on the sites amaury-dubois.com and shop.amaury-dubois.com are protected by copyright, in application of the provisions of the Intellectual Property Code. The Buyer may not under any circumstances use, copy, reproduce, modify or distort any visual, including on the Internet, without the prior written permission of the Seller. The Seller reserves the right to prosecute any act of infringement of its intellectual property rights, including in the context of criminal action.
The Seller is the owner of the copyrights (economic rights and moral rights) on the works. The rights of representation and reproduction of the works present on the sites amaury-dubois.com and shop.amaury-dubois.com belong to the Seller. The rights of the Buyer on the purchased work are limited to a right of private use, excluding any right of representation and reproduction.
8. PROTECTION OF PERSONAL DATA
When ordering, the Buyer is informed that the personal data concerning him/her (surname, first name, address, telephone number…) is information collected and kept by the Seller for the proper execution of the order and delivery. Thus, the Seller undertakes to keep the data with a commitment of confidentiality guaranteeing in particular the transfer of the Buyer’s personal information to third parties.
In accordance with the provisions of the “Data Protection Act” No. 78-17 of 6 January 1978 as amended, the Buyer has the right to access, modify, rectify and delete personal data concerning him.
9. MAJOR STRENGTH
The Seller shall not be held liable for the non-performance of any of its obligations in case of force majeure. By force majeure is meant any unforeseeable, irresistible and external event (as the notion is specified by the jurisprudence of the French courts) having the direct or indirect effect of rendering the execution of the order impossible or preventing or delaying the Vendor in the execution of any of its obligations provided for in the GCS and the order.
By express agreement between the Seller and the Buyer, these GTC and the purchase and sale transactions resulting therefrom shall be governed exclusively by French law (all provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods are expressly excluded).
The GTC are written in French. In the event that they are translated into one or more languages, only the French text shall be authoritative in the event of a dispute. All disputes to which the GCS and the related order could give rise, concerning validity, interpretation, execution, termination, consequences and their aftermath will be submitted to the competent court of jurisdiction of LILLE METROPOLE (France).
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