DEFINITION OF THE PARTIES
5 rue d'Eylau, Paris 75116
Société par Actions Simplifiées with a share capital of €1,768,000,
registered in the Paris Trade and Companies Register,
under the SIRET number 752 289 801 00017,
represented by Alexandre MILLON
duly authorized for the purposes hereof, and reachable by email at the following address: firstname.lastname@example.org.
hereinafter referred to as the "Seller" or the "Company"
on the one hand,
and the individual or legal entity purchasing products or services from the company,
hereinafter referred to as the "Buyer", or "Customer"
on the other hand.
The Seller is a publisher of digital prints of watercolors realized by Mr. Milo MANARA representing Mrs. Brigitte BARDOT and of a bronze statue representing Mrs. Brigitte BARDOT realized from a drawing of Mr. Milo MANARA and under his direction. The limited editions in various versions and possible derivative products are marketed in limited editions through its site Etmilocreabardot.com. The list and the description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 - PURPOSE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC shall be those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These CGV are consultable on the Internet site of the Company at the following address: Etmilocreabardot.com. The Company also ensures that their acceptance is clear and without reserve at the time of the purchase. The Customer declares to have taken knowledge of the whole of the present General Conditions of Sale, and if necessary of the Particular Conditions of Sale related to a product or a service, and to accept them without restriction nor reserve. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICES
The prices of the products sold through the websites are indicated in Euros including all taxes and precisely determined on the pages of description of the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs unless this is expressly indicated as being included in the displayed price. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.). The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Customer. If applicable, the delivery costs are also to be paid by the Client.
ARTICLE 4 - CONCLUSION OF THE CONTRACT ONLINE
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Vendor in order to place an order. However, the steps described below are systematic: - Information on the essential characteristics of the Product; - Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address...); - Acceptance of the present General Conditions of Sale. - Verification of the elements of the order and, if necessary, correction of errors. - Follow-up of the payment instructions and payment of the products. - Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The Customer certifies that he/she has received details of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks only. In the absence of such availability, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the products. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange the defective products or those that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 - RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 - DELIVERY TERMS
The products are delivered to the address of delivery which was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times and be delivered in different ways. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage of the products is transferred to him.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks and within the time necessary for their production if necessary.
ARTICLE 9 - PAYMENT
ARTICLE 10 - WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, except, where appropriate, for the cost of return". "The period mentioned in the previous paragraph runs from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company by email or telephone. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions...) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the purchase receipt.
ARTICLE 11 - GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller shall refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The request for refund must be made by contacting the Seller by email or by simple letter. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - can choose between the replacement or repair of the goods subject to the conditions provided by the above provisions. apparently defective or not corresponding - is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months as of March 18, 2016 - that the consumer may also assert the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
ARTICLE 12 - CLAIMS
If necessary, the Buyer can present any complaint by contacting the company by email or by simple letter.
ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 - FORCE MAJEURE
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 - INVALIDITY AND MODIFICATION OF THE CONTRACT
Should any of the provisions of this contract be invalidated, such invalidity shall not entail the invalidity of the other provisions which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 - RGPD AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of the present contract.
ARTICLE 17 - APPLICABLE LAW
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, shall be subject to French law.