GENERAL CONDITIONS OF SALE
ARTICLE 1: Definition of Terms and Preamble
The term “Company” in the text refers to: the company LE VERNIER, a limited liability company with a capital of 4000 Euros, registered at the RCS of NICE under the number 531 350 528, whose head office is located at 2 rue VERNIER 06000 NICE.
The term “Site” in the text refers to: the website, connected to the Internet network, whose e-mail address is: http: //eva-vautier.com/
The term “Products” in the text refers to: all paintings, books, engravings, serigraphs, digital prints, lithographs and original works offered for sale through the “Site”.
The term “Customer” in the text refers to: the buyer, individual or legal entity, non-professional acting as a consumer and placing an order on the “Site”.
The term “Parties” in the text refers to: the “Company” and the “Clients” collectively.
The “Company” is engaged in the online retail sale of “Products” through the “Site” which presents said “Products” in a digital catalog to potential “Customers”.
The “Site” is published by the “Company” which holds full ownership of it.
Article 2: Purpose of these general conditions of sale
The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential “Customer” about the terms and conditions under which the “Company” proceeds with the sale and delivery of the “Products” ordered and, on the other hand, to define the rights and obligations of the parties within the framework of the online sale of the “Products” by the “Company” to the “Customers”.
The present general conditions of sale apply, without restriction or reserve, to all orders, sales and related services of the “Products” offered by the “Company” on the “Site”.
Consequently, the fact that any person orders a product offered for sale on the “Site” implies full acceptance of these general conditions of sale which the “Customer” acknowledges having read prior to ordering.
The “Company” reserves the right to modify at any time the present general conditions of sale. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a “Customer” on the “Site” are those accepted by the latter at the time of placing the said order.
The present General Conditions of Sale complete the conditions of use of the site www.eva-vautier.com available at any time by the heading “Legal information” of the “Site” and applicable to the “Customers”.
Article 3: Characteristics of the “Products
www.eva-vautier.com is an online sales site for paintings, books, prints, serigraphs, digital prints, lithographs and original works.
In accordance with the provisions of Article L. 111-1 et seq. of the French Consumer Code, the “Customer” may, prior to placing an order, learn about the essential characteristics of the product(s) he wishes to order by clicking on the product.
The “Company” obtains its “Products” from manufacturers who have expressly agreed to be listed in the digital catalog of the “Site”.
The offers presented by the “Company” are valid within the limits of available stocks. For “Products” not stored in its warehouses, the offers presented by the “Company” are valid subject to their availability.
For each “Product”, the essential qualitative and quantitative characteristics are obtained directly from the manufacturers and appear in the product sheets.
The “Company” may at any time add new “Products”, delete all or part of the “Products” sold or presented in the digital catalog of the “Site”, change their presentation or cease marketing them on its “Site”, without prejudice to the orders placed by the “Customer”, and without being obliged to give the “Customer” prior notice.
Article 4: Information published on the “Site
While taking the greatest care in putting the information and data freely available on the “Site” online and in updating them, the “Company” shall not be held responsible for any inaccuracies, errors or omissions that may have crept into the description of the “Products” communicated to it by the manufacturers.
Furthermore, the “Company” shall not be held responsible for typographical errors appearing on the “Site” beyond its control or for a visual of the product that is not up to date.
More generally, the Company shall not be liable for:
– interruptions or delays recorded on the “Site” due to the execution of maintenance work, technical breakdowns, force majeure, the fact of third parties or any circumstances whatsoever, independent of its will;
– the impossibility of momentarily accessing the “Site”, due to facts beyond its control, such as interruptions of the Internet network or failure of the “Customer’s” equipment to receive the Internet network.
Article 5 : Orders Articles
5.1 : Placing orders
Any order of a “Product” offered on the “Site” implies the consultation and express acceptance of these general conditions of sale, without prejudice to specific contractual conditions agreed between the “Parties”.
Consequently, the fact that any person orders a product offered for sale on the “Site” implies full acceptance of these general conditions of sale which the “Customer” acknowledges having read prior to ordering.
Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, will be considered by the “Company” as null and void.
Ordering on the “Site” is subject to strict compliance with a procedure described below and concretized online by a succession of different screens on which are indicated the various phases that the “Customer” must follow to validate his order by the “Company”.
Orders are placed online, in accordance with the order form on the “Site” (click: Add to order account).
The “Client” agrees that the information provided to the “Company” is complete, accurate and up-to-date. In case of incomplete or inaccurate information, the “Company” reserves the right to cancel the order and the payment.
The “Company” reserves the right to refuse or cancel any order from a “Customer” with whom it is in dispute over a previous order.
Any Corporate Customer who wishes to make a group purchase is invited to contact the “Company”. Indeed, a company customer will not be able to buy in a grouped way and benefit from the same advantages as an individual customer, in particular as regards the rules of accumulation of advantages during the purchase.
The “Company” reserves the right to refuse or cancel the order if it believes that the customer is engaged in distribution or economic activity with the products so ordered, or for any other legitimate reason.
In accordance with the Data Protection Act of January 6, 1978, the “Customer” has a right to access, modify, rectify and delete personal data concerning him. To exercise this right, he/she just needs to send a letter to the “Company”.
The online “Customer” can freely fill in his order account, delete an item he no longer wishes to purchase, modify the quantities ordered or add a “Product” by clicking on the corresponding buttons. The “Customer” must then validate the billing address and the place of delivery, as well as the chosen secure payment method: check, credit card, paypal.
Once all this information has been regularly entered and validated, the “Client” clicks on the “Validate” button and his order form is directly transmitted to the “Company” department. The “Customer” then sees his order number displayed.
The “Customer” has the possibility to check the details of his order project and to correct possible errors. From the moment the “Customer” confirms his order by clicking on the “Validate” icon, he is considered to have accepted with full knowledge of the facts the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by him.
Orders are binding on the “Client” upon receipt by the “Company” of the order form duly completed and validated by the “Client” by clicking on the “Validate” button.
However, the order is only carried out subject to confirmation of the order by the “Company” to the “Customer” by e-mail, including all the information communicated by the “Customer” with an indication of any difficulties or reservations raised by the order (availability of the “Products” ordered or method of payment chosen).
The “Company” recommends that the “Customer” keep the information contained in the order confirmation sent by the “Company” on a paper or computer document.
The “Customer” has a withdrawal period of fourteen days following the validation of the Order. This withdrawal must be notified to the “Company” by e-mail to the address: www.eva-vautier.com, or by registered mail with acknowledgement of receipt to the address of the “Company”.
In accordance with the provisions of Article L 121-20-1 of the Consumer Code, when the “Customer” exercises his right of withdrawal, the “Company” is obliged to reimburse him the totality of the sums paid as soon as possible and at the latest within thirty days following the date on which this right was exercised, by any means of payment. The “Company” reserves the right to offer the “Customer” a refund in the form of a credit note as a priority.
Article 6 : Proof of orders
In general, it is expressly agreed between the “Parties” that e-mails will be considered as proof between them as well as the automatic recording systems used on the “Site”, in particular regarding the nature and date of the order.
Article 7 : Modification of orders
Any modification of the order requested by the “Customer” can only be taken into consideration if it is received by the “Company” by e-mail before the “Products” are shipped.
Article 8 : Rates – Billing
Article 8.1: Billing
An invoice is established for each delivery and made available to the “Customer” in his personal space.
Any complaint concerning the invoices, must be brought to the attention of the “Company” by e-mail within 10 days of their reception to be completed by the address www.eva-vautier.com. Otherwise, they are considered to be accepted without any reservation. The possible incomplete delivery of an order cannot justify the refusal of payment of the delivered “Products”.
Any dispute between the “Parties” shall in no way be a cause for suspension of payment of the undisputed portion of the invoice.
Article 8.3 : Payment
Payment must be made at the time of the online order by the “Customer”. At no time, the sums paid can be considered as deposits or down payments.
All orders are payable in Euros, including all taxes and compulsory contributions. Any bank charges (such as exchange commissions) remain the responsibility of the “Customer” even in the case of a refund.
To pay his order on the “Site”, the “Customer” has the following payment methods: Credit card, Bank check, Paypal.
– Payment by credit card :
The bank cards accepted on the “Site” are the following: Carte Bleue, Visa, Master Card, American Express must be issued by a banking or financial institution located in the European Union or Monaco.
The payment is made after clicking on “Payment by credit card or Paypal”. The transaction is then carried out by the “Customer” according to the banking security standards. Thanks to the technical characteristics of the encryption software used on the “Site”, the bank details (bank card number and its expiry date) communicated by the “Customer” cannot be intercepted by a third party. Therefore, none of this information is transmitted or stored on the Internet. By providing his bank details, the “Client” accepts in advance and unconditionally that the “Company” proceeds with the secure transaction. The “Client” therefore authorizes his bank in advance to debit his account on the basis of the records or statements transmitted by the “Company”, even in the absence of invoices signed by the cardholder. The authorization to debit the “Customer’s” account is always given for the amount of the “Product” purchased as invoiced by the “Company”.
– Payment by check :
Payment by bank check must be requested from the “Company” either by phone or by email to be activated on the “Client’s” account. Once the activation is done, the “Customer” will be able to place his order and validate it by check.
Payment by check is made by mail. The payment at the order is required by the “Company”, the delivery being carried out as of reception and cashing of the bank check of the “Customer”.
The “Client” must, in fact, after having placed the order by clicking on the “Validate” button on the order form duly filled out and verified by him/her, and after having received by e-mail a confirmation by the “Company” of the order, send to the “Company” by postal mail his/her check for payment, taking care to respect the amounts indicated, to the “Company” address.
– Payment by bank transfer :
Payment by bank transfer must be requested from the “Company” either by telephone or by e-mail in order to be activated on the “Client’s” account. Once the activation is done, the “Customer” will be able to place his order and validate it by transfer.
The payment at the order is required by the “Company”, the delivery being carried out as of reception and cashing of the transfer of the “Customer”.
The “Client” must, in fact, after having placed the order by clicking on the “Validate” button on the order form duly filled out and verified by him/her, and after having received by e-mail a confirmation by the “Company” of the order, send to the “Company” its payment transfer, taking care to respect the amounts indicated, to the bank account of the “Company” as indicated in the confirmation mail.
In any case, and whatever the chosen method of payment, the “Client” guarantees to the “Company” that he/she has the necessary authorizations to use the method of payment he/she has chosen for his/her order, when registering his/her order form.
The “Company” reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the “Customer”, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the “Site”.
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of payment or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions hereof.
The “Company” reserves the right to request a photocopy of the identity card, and/or if necessary the bank card (front only) of the Buyer, and/or proof of address for the billing and delivery addresses, for any payment by bank card or bank check.
In the context of the fight against Internet fraud, information relating to your order may be transmitted to any third party authorized by law or designated by the “Company” for the sole purpose of verifying the identification of the “Customer”, the validity of the order, the method of payment used and the intended delivery.
Article 9 : Delivery
Article 9.1: General rules
The “Products” that are the subject of a definitive order from the “Customer” under the conditions described in Article 5 above will be delivered to the address indicated on the order form.
Purchase invoices are sent by e-mail to the e-mail address indicated by the “Customer” when registering on the “Site”.
If the contractual conditions described below are not respected, no claim from the Buyer will be accepted.
Article 9.2 : Characteristic of the delivery
Delivery is made by a carrier. It takes effect at the time of collection of the “Products” by the carrier. The risks associated with the transport are therefore borne by the “Customer”.
The parcel is delivered at home and given against signature either to the “Customer” or to the recipient of the ordered products, or, at the discretion of the Post Office, to another person, in particular any person attached to his service, living with him, specially mandated, provided with a power of attorney or to an identified third party.
When the parcel could not be delivered because of an erroneous or incomplete delivery address entered by the “Customer”, the “Customer” will be able to request either a new shipment to the address of his choice by paying the reshipment postage costs, or a refund of his order minus the initial postage costs, whether these were offered or not.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system of the Post Office being authentic.
In the presence of an apparent anomaly in the package (notably a damaged package, an open package, traces of liquid, etc.), the “Customer” or the recipient of the ordered products must not open the package but is invited to bring it back unopened within five working days to a post office and to have a “spoliation report” drawn up there.
The opening of the aforementioned package excludes any recourse to the Post Office. He is also invited to report the problem encountered to the “Company” by any means.
In the presence of an anomaly regarding the content of the package (missing product, damaged product, …), the “Customer” or the recipient of the ordered products is invited to report the problem encountered to the “Company”.
Article 10: Receipt of “Products
It is the responsibility of the “Customer” upon receipt of the “Products” to verify without delay their conformity and integrity. In general, the reservations or observations made on the delivery note must be complete and precise. In particular, they must define the damage precisely, including the order number.
Article 11 : Right and time of withdrawal
Article 11.1 : Right and Time of Withdrawal
In accordance with Article L. 121-20-12 of the Consumer Code, the “Customer” has a period of 14 clear days from the date of receipt of his order by himself or by the recipient of the order, to return at his expense the entirety of his order and obtain, at his discretion, the exchange of products, or a credit note or a refund corresponding to the amount of his order.
The products must be returned to the “Company” according to the procedure described in Article 12 – below.
Article 11.2 : Contractual right and period of withdrawal
The “Company” extends the legal withdrawal period by a contractual withdrawal period. The contractual withdrawal period may be exercised by the Buyer or the recipient of the Order within two months from the date of receipt of the Order. The “Customer” has this period from the day of receipt of his order by himself or by the recipient of the order, to return at his expense the entire order and obtain a credit corresponding to the amount of his order.
Article 12 : Return of “products
Article 12.1: Terms and Conditions
In case of technical anomaly of the “Product”, or error on the delivered reference, the “Customer” will follow the Procedure of Return of Product described below.
Technical anomalies or errors on the reference must be communicated to the “Company” by any means within 7 days, following the date of delivery, indicating the “Customer” references, the invoice number and date, the “Product” reference, the quantity as well as the exact reason for the request.
The products must be returned to the gallery EVA VAUTIER in a state suitable for further marketing, placed in a blank box indicating legibly the initial order number. The “Company” reserves the right to refuse any return that does not comply with the above conditions.
Article 12.2 : Consequences
Any return accepted by the “Company”, after qualitative and quantitative verification of the returned “Products”, will lead, at the “Customer’s” choice, to the creation of a credit note to his benefit or to the reimbursement of the “Products”, excluding any indemnity or damages.
Article 13 : Warranty
In addition to the legal warranty against hidden defects resulting from articles 1641 to 1649 of the Civil Code, for which the “Customer” must act within a period of two years, the “Products” sold on the Site are subject to the conditions of legal warranties of articles L 211-4 and following of the Consumer Code.
Article 14: Reservation of ownership
The “Company” retains full ownership of the products sold until full payment of the full price, in principal, fees, taxes and compulsory contributions included.
Article 15: Liability
The “Company” cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products. Likewise, the responsibility of the “Company” under the obligations of these General Conditions of Sale shall not be engaged in the event of the occurrence of an event of force majeure as defined by the French courts.
Article 16: Non-waiver
The fact that one of the “Parties” does not avail itself of a breach of one of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
Article 17: Applicable law and competent jurisdiction
The sales of products of the “Company” are subject to French law. Any dispute relating to the existence, interpretation, performance or breach of contract between the “Parties”, even in the event of multiple defendants, will, in the absence of amicable agreement, be under the exclusive jurisdiction of the courts of NICE.
Article 18: “Data processing and Freedoms
The personal data of the “Customer” (name, first name, company name, position, e-mail and geographical addresses, telephone and fax numbers, banking information) are collected by the “Company” for the needs of a good management of orders, deliveries and invoices, and under the respect of the provisions of the Data-processing Law and Freedoms n°78-17 of January 6, 1978. The information that must be recorded by the “Customer” in order to place an order is identified online by an asterisk. The “Client” has at any time the right to access, modify, rectify and delete personal information collected by the “Company” concerning him.
Article 19 : Validity of the General Sales Conditions
If one or any of the provisions of these General Terms and Conditions of Sale is held to be invalid or declared null and void in application of a law, regulation or court decision that has become final, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and shall continue to apply.
Article 20: Accessibility of the General Terms and Conditions of Sale
The current version of these General Terms and Conditions of Sale is always accessible online by the “Customer”. To do so, simply click on “Legal Notice” where the full version of the Conditions are referenced.
The Customer can also obtain this document by writing to the “Company”, LE VERNIER 06000 NICE.