General Conditions of Sale of the website www.arson-sculptures.com
1 - PURPOSE AND OPPOSABILITY OF THE GCS
2 - ACCEPTANCE
3 - ORDER
4 - SALE PRICE AND TERMS OF PAYMENT
5 - DELIVERY OF WORKS
6 - RIGHT OF WITHDRAWAL
7 - LEGAL GUARANTEES
8 - FORCE MAJEURE
9 - INTELLECTUAL PROPERTY
10 - DATA PROTECTION
11 - APPLICABLE LAW
12 - MEDIATION
13 - JURISDICTION
1 – PURPOSE AND OPPOSABILITY OF THE GCS The SASU Diffusart website (hereinafter the “Seller”), aims to present the Works of the artist Arson, to users of the site (potential “Buyers”), and their gives the possibility to discover and buy them online directly from the Seller. The purpose of these general conditions of sale is to define the terms and conditions of the online sale of the Works present on the site, and to define the rights and obligations of the parties in this relationship.
2 – ACCEPTANCE The unreserved acceptance of all of these general conditions of sale is essential to the conclusion of the sales contract, both by the Seller and the Buyer. This acceptance is materialized by a checkbox in the order form of the Work.
3 – ORDER The Works are offered for sale on the Site by the Seller, subject to their availability. Each proposed Work is accompanied by a brief descriptive sheet containing information relating in particular to its support, its dimensions, its weight and its nature. To order a Work, the Buyer must select the Work of his choice, place it in his basket and fill in the necessary information concerning him for the order (or identify himself, if he has a User account). Before confirming his order, the Buyer must verify the information contained in the summary of the order, and has the possibility of correcting any errors in the elements entered, as well as being aware of the delivery costs. In the event that the Work is no longer available, an email informing the Buyer will be sent within 48 hours, leading to the cancellation of the order and its reimbursement.
4 – SALE PRICE AND TERMS OF PAYMENT The sale price of the Works is displayed on the Site in Euros and includes all taxes, with the exception of delivery and packaging costs where applicable. The various possible delivery methods and the related costs are indicated at the time of the order summary. Delivery and packaging costs depend on the nature of the work, its dimensions, its weight, as well as the place of delivery. The payment of the price of the work by the Buyer to the Seller is made via the payment services made available by Diffusart: card and bank transfer (whose conditions of use are available at the following address: www.arson -sculptures.com). The transfer of ownership occurs once the full price has been paid by the Buyer. In the event of non-payment of the full price, the sale will be automatically canceled and the work put back on sale on the Diffusart website, www.arson-sculptures.com
5 - DELIVERY OF WORKS The delivery of the ordered Works is carried out at the address indicated in the summary form of the order, during working hours and according to the methods provided by the delivery service provider determined at the time of the order. The Buyer has the obligation to find out about the terms and delivery times implemented by the various delivery providers. The obligations concerning the delivery of the order, namely the respect of the announced deadlines, the quality of the packaging of the work, as well as the conformity of the latter weigh solely on the Seller, the latter being able to exercise a claim against the delivery provider. The Buyer undertakes, upon receipt of the order, to check the condition of the work, and to issue any reservations in writing and without delay, accompanied by photos, at the latest within 24 hours, to Diffusart, www. .arson-sculptures.com
6 – RIGHT OF WITHDRAWAL In application of article L.121-21 (law of March 17, 2014 relating to consumption) of the consumer code, the Buyer has a period of 14 days from the delivery of the Work to exercise its right of withdrawal from the Seller, without reason. The Buyer exercises his right of withdrawal from Diffusart, www.arson-sculptures.com by sending an email to the following address sas.diffusart@gmail.com Diffusart will then deal with the request for withdrawal from the Buyer and will refund it upon receipt of the work in question. The refund will relate only to the price of the work paid by the Buyer, the return costs are the responsibility of the buyer. Works returned damaged or soiled by the Buyer will not be taken back or refunded, Diffusart reserving this choice at its sole discretion.
7 – LEGAL GUARANTEES The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-compliance and the guarantee of hidden defects.
8 – FORCE MAJEURE The existence of a case of force majeure may suspend the performance of the contract or, if it is final, lead to the resolution of the sale. Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals, i.e. an event beyond the control of the debtor, which could not have been reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures The party invoking Force Majeure must immediately notify the other party, as well as of its disappearance.
9 – INTELLECTUAL PROPERTY The Seller warrants that it is the beneficiary of the Work transferred, that the Work does not in any way contravene the laws, regulations and standards in force and that it does not infringe the rights of third parties. He undertakes to guarantee the Buyer in the event of recourse by a third party concerning the work sold, within the framework of the guarantee of eviction. The Seller retains the moral rights to the work sold as well as the rights related to its reproduction.
10 – DATA PROTECTION Diffusart, www.arson-sculptures.com, collects and stores the Buyer's personal data for the proper execution of these presents. In application of Law No. 78-17 of January 6, 1978 relating to data processing, files and individual freedoms, the Buyer has a right to access, modify, rectify and delete personal data. concerning him processed via the Site when ordering, as well as the right to oppose the communication of this data to third parties for valid reasons by sending a request to the following address: sas.diffusart@gmail.com The personal data communicated by the Purchaser will be destroyed no later than six months after the deletion of the Purchaser's account. Diffusart, www.arson-sculptures.com, reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary for the operation of the service. Diffusart, www.arson-sculptures.com, undertakes to put all the measures in place to best protect the confidentiality of the information provided by the Buyer and the Seller.
11 – APPLICABLE LAW These general conditions of sale are governed by French law.
12 – MEDIATION In the event of a dispute, the Purchaser has a right of recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these GCS, as provided for in articles L.611 -1 and following as well as R.612-1 and following of the Consumer Code. The User will find the list of mediators on the government website dedicated to this purpose: http://www.mediateurfevad.fr/.
13 – JURISDICTION Any dispute relating to the validity, interpretation or execution of these General Conditions of Sale must be brought before the courts of ROMANS 26 (Drôme) France.