Conditions Générales de Vente

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The present general conditions of sale apply to all the sales concluded on the website Latelierdeserilly.com

Effective date : 16/12/2022

General conditions of sale

Between Anne-François de Sérilly, painter, domiciled at 15 rue de l'Orangerie, 78000 Versailles, registered at the Urssaf artist-author, under the number SIRET 48785523100014.

The artist can be reached by email by clicking on the contact form of the website Latelierdeserilly.com or by e-mail at afdeserilly@gmail.com.

Hereafter the "Seller" or "the Artist

On one hand.

And the physical or moral person proceeding to the purchase of works on the website of the artist Latelierdeserilly.com,

Hereafter, " the Buyer " or " the Customer ".

On the other hand.

It has been exposed and agreed what follows :

 

PREAMBLE

The Seller is a creator of original works of art, marketed through its website Latelierdeserilly.com. The list and the description of the works proposed by Anne-François de Sérilly can be consulted on the above-mentioned site.

 

Article 1: Object

The present General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of works of art proposed by the Artist.

 

Article 2: General provisions

The present General Conditions of Sale (GCS) govern the sales of works made through the website of the Artist Latelierdeserilly.com, and are an integral part of the Contract between the Buyer and the Seller.

They are fully opposable to the Buyer who accepted them before placing the order.

The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on its website. The applicable GCS are those in force at the date of payment of the order.

These terms and conditions can be consulted on the Artist's website at the following address: https://latelierdeserilly.com/cgv/.

 

The Artist also ensures that their acceptance is clear and unreserved by placing a checkbox. The Client declares that he/she has read all of these General Terms and Conditions of Sale and accepts them without restriction or reservation.

 

The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is appropriate to his/her needs.

 

The Customer declares that he/she is of legal age and able to contract legally under French law or validly represent the individual or legal entity for which he/she is contracting.

 

Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.

 

Article 3: Prices

The prices of the works sold on the website Latelierdeserilly.com are indicated in Euros net of VAT and precisely determined on the pages of description of each work. They are also indicated in Euros net of VAT on the page of order of the products.

 

According to the General Tax Code (article 293 B), the Artist benefits from a VAT exemption and therefore does not apply VAT on his invoices.

 

For products shipped outside the European Union and/or DOM-TOM, or for those shipped by Atelier de Sérilly from abroad, the price is automatically calculated before tax on the invoice. Customs duties or other local taxes or import duties could however be due in certain cases, in particular when the work is made in a foreign country. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the competent authorities.

 

The Seller reserves the right to modify its prices at any time in the future.

 

The payment of the price of the work by the Buyer to the Seller is made via the payment services available on the website Latelierdeserilly.com.

 

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to carry out his order:

 

- Information on the essential characteristics of the work;

 

- Choice of the work,

 

- Indication of the essential details of the Customer (identification, email, address...) and creation of a personal account

 

- Acceptance of the present General Conditions of Sale

 

- Verification of the elements of the order and, if necessary, correction of errors.

 

- Before proceeding to its confirmation, the Buyer has the possibility to check the details of its order, its price, and to correct any errors, or cancel its order. The confirmation of the order will entail the formation of this contract.

 

- Then, the instructions for payment will be followed, and the order will be delivered. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

 

The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

 

The delivery of the works is made by a carrier selected by Latelierdeserilly insofar as the expedition benefits from the free of charge (except taxes and possible customs charges) to the address indicated by the Customer. For the good realization of the order, the Customer commits himself to provide his true identification elements. 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: Legal guarantees

The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-conformity and the guarantee of hidden defects.

 

Article 6: Clause of property reserve and intellectual property

The products remain the property of the Seller until the complete payment of the price.

 

The Seller guarantees that he is the author of the Work transferred, that the Work does not contravene in any way the laws, regulations and standards in force and that it does not infringe the rights of third parties.

 

At the time of the sale, the Seller transfers to the Buyer the material support of the Work and its rights of representation on the Work.

 

However, the Artist retains the moral rights to the work sold as well as the rights related to its reproduction.

 

Article 7: Delivery terms

The works are delivered to the delivery address indicated at the time of the order and within a maximum of 15 calendar days. When the Customer orders several products at the same time, they may have different delivery times depending on whether they are shipped together or separately.

 

In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Vendor shall then proceed to reimburse the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code.

 

The Seller provides a telephone contact point 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 risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.

 

Article 8: Payment

Payment is due immediately upon ordering. The Customer can make the payment by credit card through the service provider Stripe. The information transmitted is encrypted according to the rules of the art.

 

Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated.

 

The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

 

Article 9: Right of withdrawal of the Customer

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has a period of fourteen (14) days from the date of delivery of his order, to return any item that does not suit him and ask for a refund without penalty, except for the return costs which remain the responsibility of the buyer.

 

The returns are to be made in their original state and complete (packaging, certificate of authenticity...) allowing their re-marketing in the original state, accompanied by the purchase invoice.

 

Damaged or soiled works are not accepted.

 

The right of withdrawal can be exercised by contacting the seller by email: afdeserilly@gmail.com. The customer can use the withdrawal form attached to these terms and conditions duly completed, or a statement clearly expressing its desire to withdraw and including the identification of the Work concerned.

 

The reimbursement will be made at the latest within 14 days from the date of receipt by the seller of the products returned by the buyer under the above conditions.

 

For any order of a work carried out specifically by the artist on request of the customer, this one could be the subject neither of a cancellation, nor of a refunding. Indeed, the right of withdrawal will not be able to apply, in accordance with the provisions of the article L 121-20 of the Code of the Consumption as modified by the ordinance n°2001-741 of August 23, 2001 which stipulates that the time of withdrawal is fifteen (15) days, and the withdrawal is in particular excluded (article 121-20.2 3rd paragraph) for the contracts of supply of goods clearly personalized or made according to the specifications of the consumer, that is to say in particular for the articles on measure and measure except standard.

 

Article 10: Rights of access and rectification of computerized files

In accordance with the law "informatique et libertés" of January 6, 1978 modified in 2004, the Buyer benefits from a right of access and rectification to the information concerning him, which you can exercise by addressing to the administrator of the site, via email by using the page of contact.

 

The information communicated concerning the customer will not be processed for any other purpose than the execution of the work ordered, nor will it be transferred to third parties (organizations, persons or companies outside the company or group)

 

Article 11: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the Artist using the following contact details: afdeserilly@gmail.com.

 

In the event of failure to file a claim with the Seller, or in the absence of a response within two months, the consumer may submit the dispute to a consumer mediator who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.

 

Article 12: Force majeure

The performance of the obligations of the Seller under this Agreement shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Seller shall notify the customer of the occurrence of such an event as soon as possible.

 

Article 13 : Invalidity and modification of the contract

If one of the stipulations of the present contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

 

Article 14: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has as its purpose the sale and delivery of products and services defined in this contract.

 

The person responsible for the processing of this data is the Seller, as indicated at the top of these GTC.

 

The details are indicated on the Privacy Policy page of the website afdeserilly@gmail.com

 

Article 15: Applicable law and clauses

All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.

 

The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

 

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