GENERAL TERMS & CONDITIONS OF SALE FOR THE L’ARBRE A EMPREINTES WEBSITE
“L’arbre à empreintes®” is trademark registered and protected by LYDIA BENTO ( registration No. 15/4189731).
LYDIA BENTO also owns the “L’arbre à empreintes®”logo, which has also been registered.
The present general terms and conditions of sale are concluded between, on the one side, the company ABM PRODUCTIONS SAS with a capital of €20,000, hereafter “L’arbre à empreintes®” and, on the other side, any person wishing to purchase the products sold online on the Internet site www.larbreaempreintes.com or any otherurladdress redirecting to the initial website, hereafter “the user”.
www.larbreaempreintes.comis an online store that sells personalised, original painted pictures in standard and bespoke formats made in France.
Each creation is produced in a single copy or in a limited series.
The object of the general terms and conditions of sale is to define the conditions (except when previously stipulated otherwise in written, signed form) in which “L’arbre à empreintes®”provides the user with the product(s) that he or she ordered on the website www.larbreaempreintes.com or any otherurladdress redirecting to the initial website (hereafter “the website”) and the conditions for using the website.
The user is invited to keep a copy of the general terms and conditions of sale accessible on the day that he or she places an order and/or to print them.
Access to the website is free for all internet users. By making purchases on the website, an internet user becomes a userand must therefore respect the present terms and all of the conditions set out in the accessible legal notices.
The act of ordering from the website is regulated by the present general terms and conditions of sale and corresponds to a contract concluded between the user and “L’arbre à empreintes®”. When placing an order, the user is invited to consult the general terms and conditions of sale. He or she must tick the box to acknowledge this during the ordering process, after having read and possibly questioned “L’arbre à empreintes®” regarding any difficulties before validating the order. The box concerned corresponds to the following sentence: “I accept the general terms and conditions of sale”.
These terms and conditions of sale can be accessed at any time on the website. They prevail, if applicable, over any other version or contradictory document. The acceptance of these present general terms and conditions presumes that the user is aged 18 or over and enjoys the legal capacity required to enter into a contract.
The provisions of the present article are supplemented by those featuring in the legal notice.
Prices given on the website are in euros, and include all taxes, and delivery to destinations in mainland France, Corsica and Monaco.
These prices may be changed at any time by “L’arbre à empreintes®” and the prices published are only valid on the day of ordering and do not have any effect at a future date.
The “L’arbre à empreintes®” goods on offer are valid for as long as they are present on the website. They are updated regularly.
Customers can choose visuals from the online catalogueto be created on canvas. They are responsible for selecting the products that they wish to order on the website. The prices of these products, which are unique or available in limited series, except for typographical errors, are valid only as long as the items are available. “L’arbre à empreintes®” reserves the right to modify the presentation of an article without notice. In case of similar orders from different customers, “L’arbre à empreintes®” shall process the orders in the chronological order that they were placed on the Internet. The website and ordering process conforms to the provisions of the French Law on Confidence in the Digital Economy of 21 June 2004. A confirmation screen completes the ordering process.
Products are dispatched to the delivery address given by the user when placing the order. In case of a wording error in the contact details provided, “L’arbre à empreintes®” shall not be held responsible for the impossibility to deliver the product. In case of an error in the wording of the “letter sticking” option, “L’arbre à empreintes®” shall not be held responsible for any spelling mistakes made by the user. All of the articles dispatched benefit from a tracking system of the parcel. The tracking number shall be communicated on the day that the order is dispatched depending on the transporter. Deliveries are made only to mainland France, Corsica and Monaco. Any international deliveries shall be subject to additional postage costs subject to a quote. The time of delivery starts from the actual payment of the order. It includes the time for creating and preparing the order estimated from five (5) to eight (8) business days unless otherwise stipulated when the order is placed, as well as the transportation time (from 2 to 3 business days (non-guaranteed)). The times given are only indicative and may vary when the articles ordered are particularly customised. “L’arbre à empreintes®” shall not be held responsible for the obligation to deliver in case of events out of its control. Events of force majeure include flooding, fire, natural catastrophes, accidents, total or partial strikes, war, uprisings, and government decisions. If the delivery deadline is passed, the user is invited to contact Customer Services.
In all cases, if the delivery date is exceeded by more than seven days, and in the absence of a situation of force majeure or error attributable to the user or a third party involved in the order, the user may cancel his or her order by registered letter with acknowledgement of receipt within sixty (60) business days from the delivery date indicated. If the order has been dispatched by “L’arbre à empreintes®” after the letter was sent but before it was received by “L’arbre à empreintes®”, then “L’arbre à empreintes®” shall not take account of the cancellation, and the consumer may exercise the statutory right of withdrawal if applicable.
The following means of payment are accepted on the website: bank card (Carte bleue, Visa, Mastercard), and private accounts. Payments by bank card shall be made via the secure platform provided by the bank Société Générale. In the case of payment by bank card, “L’arbre à empreintes®” does not have access to any data relating to the user’s means of payment. Payments are made directly to the bank. The goods that are the object of the order remain the property of “L’arbre à empreintes®” until the price has been paid in full.
5. AVAILABILITY OF GOODS
The availability of the goods is indicated on the website in the description of each article. Any unavailability, even extended and without limitation, of one or more goods, cannot constitute a prejudice for the user and can in no circumstances result in the granting of damages and compensation by “L’arbre à empreintes®”. However, if the goods turn out to be unavailable after an order has been placed, the user shall be informed by electronic message to the address that he or she provided in the contact form, of the delivery of a partial order or the cancellation of the order. In accordance with the provisions of Article L.121-20-3 of the French Consumer Code, in case of unavailability, the user shall receive a refund of the price of the unavailable goods within thirty (30) days of payment of the amount due.
6. CUSTOMER SERVICES
The website’s customer services can be reached
– by email at the following address: email@example.com
– or by regular post at the following address:
LYDIA BENTO “L’Arbre à empreintes”, 5665 Route de Valbonne 06410 BIOT, FRANCE.
“L’arbre à empreintes®” agrees to reply to queries within two (2) business days (excluding the transportation time of regular post).
7. RIGHT TO WITHDRAWAL – RETURNS/EXCHANGES
In accordance with the previsions of Article L 121-20 of the French Consumer Code, the customer has a right of withdrawal of seven (7) business days from the delivery of the goods and may return them to us for an exchange (depending on availability) or a refund, provided that the goods are returned in their original packaging and in perfect condition, within ten (10) business days following delivery. Damaged, soiled or incomplete articles shall not be taken back.
If the customer exercises his or her right to withdrawal (for non-personalised products), we agree to refund by cheque the totality of the amounts paid including delivery costs, within a maximum of thirty (30) days. The cost of returning the goods are the responsibility of the customer, except in the case of lack of conformity or proven hidden defects of the goods. In accordance with Articles L.121-20 of the French Consumer Code, the right to withdrawal may in no case be exercised for goods created to the customer’s specifications or clearly personalised. Only goods in their original packaging and in perfect condition for resale shall be accepted.
8. GUARANTEEOF GOODS PURCHASED ON THE WEBSITE
8.1 Legal guarantees against hidden defects
We produce our goods with the greatest professional care and deliver undamaged quality products in a colour matching the screen colour as closely as possible. Since all screens are calibrated differently, slight variations may occur, which may in no case warrant a cancelation or refund. Each product is the objectof attentive craftsmanship and carefully checked and tested before being sent by parcel. However, the weave of the canvas may sometimes include irregularities that do not constitute a motive for a return, in which case “L’arbre à empreintes®” shall not be responsible. All parcels are dispatched in special packaging. This packaging also contains a specific protection for each product. Customers are responsible for refusing any parcel that has been damaged and for sending an email and a registered letter stating any reserves or complaints for non-conformity or hidden defects in the goods delivered and to allow their replacement (depending on availability) at no additional cost. Following a delay of 48 hours from receipt of delivery and in the absence of carrying out these formalities, the goods shall be considered as conform and exempt from any hidden defect and we shall not accept any complaints. In case of defect in goods purchased on the website or non-conformity of the goods delivered, the user is invited to contact Customer Services (see “Customer Services” above) in order to establish the procedure to follow. “L’arbre à empreintes®” agrees to refund or exchange, depending on availability, any goods revealing a hidden defect in the conditions set out in the Articles of the French Consumer Code and Civil Code mentioned below. In case of request for a refund, the user shall be refunded by bank transfer, within a maximum of thirty (30) days.
8.2 Applicable laws
Article L211-4 of the French Consumer Code states: “The seller is responsible for delivering goods in accordance with the contract and is liable for any non-conformity existing upon delivery. The seller is equally liable for any non-conformity resulting from the packaging, assembly or installationinstructions when the contract states that it is responsible for them”. Article L211-5 of theFrench Consumer Code states:
“To be in accordance with the contract, goods must:
1° Besuitable for the usage usually expected from a similar good and, if applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in terms of the public declarations made by the seller, the producer or its representative, including in advertisements or labelling;
2° Either present characteristics defined in common agreement by the parties or be suitable for any special usage sought by the buyer, made known to and accepted by the seller.”
Article L211-12 of theFrench Consumer Code states: “The action resulting from non-conformity expires after two years from the delivery of the good”. Article 1641 states: “The seller is responsible for a reasonable guarantee against any hidden defects in the article sold that render it unsuitable for the usage it was devised for, or that so diminish that usage that the buyer would not have purchased it, or would have done so at a lower price, if he or she had been aware of them.” Article 1648 paragraph 1 of the French Consumer Code states: “Action related to redhibitory defects must be initiated by the purchaser within two years from the discovery of the defect.”
9. PERSONAL DATA
A personal space must indispensably be created before placing an order on the website. To this end, users are invited to provide certain personal information. The user agrees to provide correct information, under penalty of termination of the contract by the website publisher and the deletion of the customer’s account. Some information is indispensable to conclude the sale, and its collection is crucial to create the personal space and validate the order. The obligatory notices indicate as such. Any refusal by the user to provide the above-mentioned information will prevent the creation of the personal space and, incidentally, the validation of the order.
The user can employ this space to consult all of his or her orders placed on the website, and if appropriate, to follow the delivery of the goods purchased. “L’arbre à empreintes®” agrees to keep in a secure manner all of the contractual items whose conservation is required by the Act on the Protection of Personal Data of 25 May 2018. “L’arbre à empreintes®” respects the right to access, modify, rectify, and the right to be forgotten of any user who requests it. “L’arbre à empreintes®” ensures that the personal data are collected and stored only for the purpose consented, which means that the “L’arbre à empreintes®” records data only to this end and for no other purpose. The pages relating to the personal spaces are freely printable by the holder of the account but in no way constitute a proof, they are only of an informative nature devised to ensure the efficient management of orders by the user. When creating a personal space, the user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information featuring in the “my account” section. The user is thus prohibited from transmitting or communicating it to a third party. In such a case, “L’arbre à empreintes®” shall not be held responsible for unauthorised access to a user account. “L’arbre à empreintes®” reserves the exclusive right to delete the account of any user who has breached the present general terms and conditions of sale (including the non-exhaustive example of a user who knowingly provides incorrect information at the point of registering and creating his or her personal space) or any account that has remained inactive for at least one year. The aforementioned deletion shall not constitute any damages for the excluded user who may not claim any damages as a result. This exclusion does not exclude the possibility, for “L’arbre à empreintes®” to undertake legal action against the user if the facts justify doing so.
10. EXONERATION OF LIABILITY
In case of impossibility to access the website, due to technical or other problems, the user cannot claim any damages or compensation.
The visual representations of the goods, published on the website, do not have any contract value. To obtain a reliable description of a product, the user should consult the product details of the goods concerned. The hyperlinks present on the website may be connected to other websites and “L’arbre à empreintes®” shall not be liable if the web user’s visit of any of these sites were to cause him or her prejudice.
The present general terms and conditions of sale may be modified at any time by “L’arbreàempreintes®”or its representative. The general conditions applicable to the user are those in force on the day of his or her order or connection to the present website. The publisher shall keep all of its former general conditions and make them available to any user who requests them. If any of the clauses of the present general conditions of sale should be declared invalid by court decision, this invalidity shall not constitute the invalidity of all of the other clauses, which shall continue to have effect.
The fact, for “L’arbre à empreintes® », of not exercising its right either temporarily or permanently regarding one or several clauses of the present general terms and conditions of sale, shall in no case amount to a waiver to exercise the other general terms and conditions of sale. The present general terms and conditions of sale have been drawn up in French and only the French version is authoritative. The general terms and conditions of sale are subject to French law. Except for public order provisions, any dispute that may arise in the execution of the present general terms and conditions of sale may be submitted to “L’arbre à empreintes®” with a view to an amicable solution. It is expressly recalled that requests for an amicable solution shall not postpone any deadlines established to institute legal proceedings. Any total or partial reproduction of the creations of “L’arbre à empreintes®” is strictly prohibited and likely to constitute an infringement of copyright. The customer has the sole responsibility of ensuring that any photographs that he or she presents for transformation into a personalised print on canvas are free from copyright, or that the copyright is held by the customer. We assume no responsibility for any violation of copyright caused by the reproduction of an image provided by the customer.
If “L’arbre à empreintes®” creates a design, it reserves the right to publish it online in the form of an advertisement while blurring any information likely to lead to recognition.