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General terms of sale are concluded between:
EURL.; ART DUBOIS SOARES/ AMAURY DUBOIS, 13 RUE DU MAIRE MARQUILLIES 59118 WAMBRECHIES, with a social capital of 5.000,00 euros , immatriculated at the Chamber of Commerce in LILLE FRANCE under the number
N° TVA Intracommunautaire : FR05 519 465 488
SIRET : 51946548800012
And the "customers", the people making a purchase on the www.art-photo-car.com site.
Available articles cannot be only sold to not trade people
EURL Amaury Soares have not physical store and sells only on this Web site.
Every person buying on the site www.art-photo-car.com undertakes to respect these general terms of sale. They will have to confirm the acceptance of these terms during the command by checking the box.
Represented by Mr. Amaury Soares, hereinafter referred to as the "Seller".
And the "Buyer", defines as any non-commercial natural person or moral person who wishes to buy a Work proposed for sale by the Seller on the site art-photo-car.com. The sale of the Works is open to persons having the legal capacity to contract under the applicable law. In particular, minors are not allowed access to the online sales service.
The GTC are used to frame the sales of the works, defined as art posters reproducing a work of the artist Seller, presented on the site art-photo-car.com (original works of the artist or reproductions) with a description putting 'Buyer able to know its essential characteristics (technical, title, dimension, support ...) and notably showing its unit price.
The Buyer is informed that the Seller does not have a physical store and sells the Works through the site art-photo-car.com. Any person purchasing from this website undertakes to abide by the present Terms and Conditions, which it acknowledges to have read and accepted without reservation at the time of the order, more particularly by checking the box "I have read the general conditions of sale and I ' Adheres to it without reservation. (Read the General Terms and Conditions of Sale) "at the stage preceding the payment procedure ... The action of ticking said box by the Purchaser implies therefore the total and unconditional acceptance of all the present GCS.
No sale of Work on the site art-photo-car.com will be envisaged by the Seller without the acceptance of these GTC. Consequently, the Buyer waives the right to avail himself of any contradictory document and, in particular, his own general conditions of purchase, the act of purchase requiring the acceptance of these GTS. These Terms and Conditions are binding on the Buyers of the Site from the time of the on-line publication and can not be applied to transactions concluded previously.
The Seller reserves the right to cancel or refuse, without delay, any order that appears to him to be disputed or fraudulent or any order by a Buyer with whom there is a dispute past or in progress of any kind. These Terms and Conditions are subject to change at any time by the Seller without notice, it being specified that the GTCs applicable to the order are those available online at the date of the order.
1- QUALITY COMMITMENT
It is specified that the artworks and photography available on the site are all of higher qualities. The artist took care to choose each supplier. The materials used were meticulously selected with the utmost attention. The paper used is high-quality paper and printing is done in order to make the reproduction as likely as possible in relation to the original work. The series are closed series. Each copy is numbered. The series with 20 ex and 8 ex are also signed by the artist's hand. The posters reproduced with less than 8 copies are issued with a certificate of authenticity.
2- ORDERING PROCEDURE
The order of the Work by the Purchaser takes place on the site www.art-photo-car.com in several stages:
Selection: The Buyer can add to his / her basket one (or several) Work that he wishes to acquire by clicking on the icon "Add to basket" accessible on the page of presentation of the Work.
The placing in the basket is not a booking of the Work and therefore the Seller is not liable for any damage in the event that a third party buyer on the site reserves the Work in the interval between the cart 'Buyer and its reservation under the conditions defined hereafter and that it would therefore no longer be available for sale.
The basket remains accessible and modifiable at any time during the connection of the Buyer on the site www.art-photo-car.com, by clicking on the icon "My Basket" in the top right of the site.
Order summary: The buyer is requested to pay the greatest attention to the order summary, after the choice of the work (s), including the price indicated, the number of work selected, As well as on the mode of delivery with the related price. In the shopping basket, the Buyer may select the Works he wishes to buy by deleting the Unwanted Works. The Purchaser may continue to order the Works by clicking on the "Next" icon. Attention, this action does not make the Work unavailable on the site amaury.dubois.com for the possible other buyers (as specified above).
Identification: If the buyer already has a customer account on the site www.art-photo-car.com, the latter is invited to connect in the "Already registered" section indicating his e-mail address and word of passage previously defined by Buyer.
If the latter does not have a customer account, the latter has the option of either ordering without an account or creating a customer account. In these two cases, the Purchaser must complete the personal information necessary for the order to run (address, contacts, surnames, first name, date of birth ...). The Buyer may choose to have his order shipped to a different address by checking "Ship to a different address" and fill in the corresponding mandatory fields. Otherwise, the billing address will be retained as the delivery address. Fields marked with an "*" are mandatory information necessary to properly take into account the order and delivery. Any error or omission in this information can not engage the responsibility of the Seller in case of dispute of any kind whatsoever related to the order.
Shipping costs: The buyer is expressly aware of the shipping method and the tariffs related to the delivery of (or the) Works. In addition, the Purchaser finalizes the order by checking for the validation the unreserved application of the GTC, as detailed in the prior article of the GTC.
Shipping costs: The buyer is expressly aware of the shipping method and the tariffs related to the delivery of (or the) Works. In addition, the Purchaser finalizes the order by checking for the validation the unreserved application of the GTC, as detailed in the prior article of the GTC.
Payment: The Purchaser will be informed of the summary of his order, including the work (s), the unit price including tax, the financial conditions linked to the transport, and the total TTC of the order. The Purchaser has four payment options
(I) Pay by CB from the PAYPLUG solution: The Buyer is invited to complete his bank details for payment of the order. The payment is governed according to the conditions of use of the solution available at the following address: payplub.com/fr/cgu/
(Ii) Pay by BC from the PAYPAL solution without account: The Purchaser is requested to complete his bank details for payment of the order as well as his surname, first name, mobile phone number and billing address. The payment is governed according to the conditions of use of the solution available at the following address: paypal.com/websc&cmd=_express-checkout&token=EC-7PV24841T2774202G#/checkout/signup
(Iii) Pay by BC from the PAYPAL solution with account: The Buyer is invited to complete his bank details for the payment of the order after having registered with his personal account PAYPAL. The payment is governed according to the conditions of use of the solution available at the following address: paypal.com/websc&cmd=_express-checkout&token=EC-7PV24841T2774202G#/checkout/signup
(Iv) Pay by bank transfer to the Seller: The Buyer has the Seller's bank details, necessary for the payment of the order through his bank. The Seller reminds you of the total amount to be paid including the applicable currency (euro). The buyer receives on the e-mail address indicated at the time of the order a summary "wait of payment". The Seller reserves the right to unilaterally cancel the order in case the Buyer has not realized the bank transfer within 10 days of sending the mail "waiting for payment".
Once the payment procedure has been completed, the Purchaser receives on the e-mail address indicated at the time of the order, an order confirmation including the detail of (or works), the detail of the price, the delivery address and As well as a number allowing to follow the state of issuance of the order.
In general, the payment of the total due, ie the net price of the Work and delivery costs, if any, will initiate the delivery process. Proof of past transactions will be recorded by the Seller or his payment system and the receipt of the payment under consideration will be notified to the Buyer by sending an e-mail which will be proof of payment. The Works for sale on the site amaury-dubois.com, remain the property of the Seller, until the full payment of the Work and delivery costs, if any.
It is 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 (ii) the payment has been received and received by the Seller.
In the event of non-payment, in particular due to the refusal by the bank to honor the transaction or due to an opposition made by the Buyer to the transaction (ex right of return), before or after the transaction Conclusion of the transaction, the Seller may automatically terminate the sale without delay and may, at the expense of the Buyer, demand the return of the Work. For the purposes of this paragraph, it is understood that the cases of opposition accepted will be the same as those recognized by the issuing credit institution.
3- PACKAGING & DELIVERY
All orders made from www.art-photo-car.com are prepared by the Seller and shipped via LA POSTE. The packing procedure is carried out directly by the Seller.
LA POSTE's service allows the Buyer to associate a tracking service with the Seller's shipment, allowing it to know the date of distribution or the reason for non-delivery of its shipment and to follow the routing of the fold shipped.
The delivery costs (including packaging) are variable depending on the Buyer's address, the choice of the Work (in particular due to the dimensions) and possible options such as framing. The method of shipment is brought to the attention of the Buyer during the step "shipping" in the ordering procedure.
It is expressly stated that in the situation where the Buyer orders several copies of the same Work, it is preferable to ensure that the stock is available from the Seller. In the absence of availability, the delivery time can be extended.
It is the buyer's responsibility to guarantee the personal data indicated on the order and included in the delivery procedure. The Purchaser acknowledges that the breach of this obligation may affect the proper functioning of the delivery service.
As a matter of principle, the Works are distributed in a mailbox at the address indicated on the fold. Depending on the dimensions, the reception will be by presentation of LA POSTE against signature of the Purchaser. If the client is absent during LA POSTE's passage, he / she must then go to the address indicated on the LA POSTE passing notice and comply with the reception procedure issued by LA POSTE.
4- PRICES - PRICES
The prices indicated for the works on sale on the site amaury-dubois.com are the net prices to be paid in euros, for the Buyer excluding postage. The displayed prices take into account the VAT applicable for the sale. The Seller reserves the right to modify the prices at any time on the site amaury-dubois.com. It is however specified that the price that the Purchaser must pay is that indicated at the time of the confirmation of his order, this price can not be modified thereafter.
If the Purchaser resides outside Metropolitan France, it is expressly specified that the latter will be considered as an importer of the Ordered Work. In this context, any charges, local taxes and / or customs duties are not the responsibility of the Seller and will be at the expense of the Buyer. It is the Buyer's responsibility to fully understand 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 WARRANTIES
Buyer's attention is drawn to the fact that the provisions of these Terms and Conditions do not affect Buyer's rights under the statutory safeguards provided by the Consumer Code, either for hidden defects or for conformity. In this context, the following is specified.
The Seller undertakes to deliver the Works in accordance with the terms and conditions set forth in the GTC and the order made by the Buyer. The Seller is liable for defects proven upon receipt of the Work by the Buyer but also those resulting from the packaging.
The Work is deemed to be compliant as long as it is suitable for the usual use of a similar good (in accordance with the description and legitimate expectations), either because it has the characteristics defined by the parties or specific to it The special purpose sought by the Buyer and expressly brought to the knowledge of the Seller which led to its express acceptance.
Any complaint made by the Purchaser to the Seller in respect of a lack of conformity may be exercised within a maximum period of two years from the receipt of the Work. In the event of acceptance of the claim, the Seller will propose to the Buyer the replacement of the Work (subject to availability), or its repair or reimbursement.
In addition, the Seller undertakes to guarantee the Buyer against any hidden defects in the Work sold which render it unsuitable for the use for which it is intended or which so diminish such use that the Buyer would have Not acquired.
The exercise of this guarantee is also conditioned on the fact that the defect is deemed to be hidden (ex: not knowledge at the time of the order), and that the defect is prior to the sale and renders the Work unsuitable for use For which it is intended.
Any claim made by the Purchaser to the Seller in respect of a hidden defect may be exercised within a maximum period of two years from the discovery of the defect. In the event of acceptance of the claim, the Seller will propose to the Buyer the return of the Work accompanied by the reimbursement of the order or the retention of the Work by means of the realization of a tariff discount in agreement between the Seller and the 'Buyer.
Any claim for the exercise of the aforementioned legal guarantees must be sent as soon as the Buyer knows the Seller by e-mail to the address contact@amaury-dubois.com. The Purchaser must attach to his complaint the evidence which clearly justifies the action (explanations, photographs ...).
These warranties are excluded in the event of misuse, negligence or lack of maintenance by the Buyer, such as normal wear and tear of the property, accident or force majeure.
6- RIGHT OF RETRACTATION
Pursuant to Article L.121-21 of the Consumer Code of 17 March 2014, the Purchaser has a period of 14 days from the date of delivery of the Work to formulate His right of withdrawal from the Seller by email to contact@amaury-dubois.com.
The Work must be returned in its original packaging and in perfect condition within 14 days of notification to the Seller of the retraction of the Buyer. The Work will therefore travel at the Buyer's risk. The costs of return will be at the exclusive charge of the Buyer.
Returned Works damaged or soiled by the Purchaser (traces of finger or traces of any other nature) will not be taken back and / or refunded.
In agreement between the Parties the Seller shall propose to the Purchaser either the refund of the order within 14 days of receipt of the return of the work or a valid exchange on other works available for sale on www.art-photo-car.com
7- INTELLECTUAL PROPERTY
As a preliminary, it is recalled that all the visual elements exposed on the site www.art-photo-car.com are protected by the copyright, in application of the provisions of the Code of the intellectual property. The Buyer may not use, copy, reproduce, modify or alter any visual, including on the Internet, without the prior written authorization of the Seller. The Seller reserves the right to pursue any act of infringement of its intellectual property rights, including in the context of criminal proceedings.
The Seller is the owner of the copyright (economic and moral rights) in the Works. The rights of representation and reproduction of works on the site www.art-photo-car.com belong to the Seller. The Purchaser's rights to 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 (name, first name, address, telephone number ...) are information collected and kept by the Seller for the good execution of the order and the delivery. Thus, the Seller undertakes to keep the data with a commitment of confidentiality guaranteeing in particular the transfer of personal information of the Buyer to third parties.
In accordance with the provisions of the Law "Informatique et Liberté" n ° 78-17 of January 6th, 1978 modified the Buyer has a right of access, modification, rectification and suppression of the personal data concerning him.
9- FORCE MAJEURE
The Seller can not be held responsible for the non-performance of one of its obligations in case of force majeure. Force majeure is defined as any unforeseeable, irresistible and external event (such as the notion defined in the jurisprudence of the French courts) that has the direct or indirect effect of rendering the order impossible or preventing or delaying the Seller in The performance of any of its obligations under the GTC and the order.
10- MISCELLANEOUS
By express agreement between the Seller and the Buyer, these Terms and the resulting purchase and sale transactions are governed exclusively by French law (all the provisions of the United Nations Convention on Contracts of Sale Of 1980 is expressly excluded).
The GTC are written in French. If they are translated into one or more languages, only the French text will be considered authentic in case of dispute.(Automatic Traduction from French)
All disputes that may arise in relation to the validity, interpretation, execution, termination, consequences and consequences of the GTC and the related order will be submitted to the court of jurisdiction of LILLE METROPOLE (France).