General Terms and Conditions
TERMS OF SALES
Article 1: General information about the Seller
Article 1.1 The Website
The Website www.le-presse-papier.fr (hereinafter referred to as the “Site”) is operated by the simplified joint stock company “ARTPRINT” called “the Seller” or “ARTPRINT”.
Article 1.2 Activities of the Seller
The Seller's activity is the creation, publishing and manufacturing of wallpaper, textiles and art prints ( hereinafter “The Products”).
In accordance with articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the Products are available on the Site at the address www.le-presse-papier.fr
Article 1.3 Identification of the Seller
The company ARTPRINT is a simplified joint stock company with capital of €5,000 whose head office is 5 Place Chazette – LYON 69001, registered in the LYON Trade and Companies Register under number 789 296 944 RCS LYON - VAT identifier number :FR 79 789296944
Article 2: Scope of application of the general conditions
Article 2.1 Purpose of the general conditions
The purpose of these general conditions of sale (hereinafter referred to as “The General Conditions” or “CGV”) is to define the rights and obligations of the parties in the context of the sale on the Site of the Products offered by ARTPRINT to any person. wishing to acquire the Products offered for sale on the Site (hereinafter referred to as “the Customer”).
Each Order placed by a Customer under the conditions provided for herein will hereinafter be referred to as “Order”.
Any Order validated by a Customer on the Site implies prior, express and unreserved acceptance of these General Conditions. Furthermore, the Customer receives the information provided for in articles L. 221-5, L 221-11 and L. 221-18 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Conditions.
Article 2.2 Entry into force and duration of the general conditions
The General Conditions come into force on the date of validation of the Order and are concluded for the duration necessary for the supply of the Products, until the extinction of their guarantees and obligations due by the Seller.
Article 2.3 Probative document
The contractual information relating to the Order will be confirmed by email, by the Seller to the Customer. ARTPRINT recommends that the Customer keep the Order confirmation email or print it. However, the following may also constitute legal proof of communications: the Order, the payments made between the parties, and all documents resulting from the archiving of Purchase Orders and invoices in ARTPRINT's computer systems.
The online provision of the bank card number and validation of the Order by the Customer will constitute proof of the Order and will result in the corresponding payment being due.
Validation of the Order constitutes signature and express acceptance of all operations carried out on the Site.
Article 2.4 Validity of the General Conditions of Sale
The Products and Services ordered on the Site by Customers are governed by the General Conditions on the date of the Order.
ARTPRINT reserves the right to modify its General Conditions at any time by publishing a new version on the Site.
The fact of not availing itself, at a given moment, of any of these General Conditions cannot be interpreted, by the Customer, as a waiver, by the Seller, of subsequently availing itself of any of the said Conditions. General.
Article 3 Product Information – Availability – Modifications
3.1 Product Information
The Products offered by ARTPRINT comply with current French legislation and the standards applicable in France.
The images of the Products presented on the Site are given for informational purposes only. The Products delivered may be slightly different from those shown in the images. ARTPRINT strives to best present, on Product sheets, the essential characteristics of the latter. However, the Customer is informed, subject to his rights, of the possibility of a difference in presentation upon delivery, this difference not affecting the content and characteristics of the Product.
In the event of unavailability of the Product at the time of the Order or subsequently, ARTPRINT cannot be held liable or entitle the Customer to damages.
Information relating to the availability of Products is given at the time the Order is placed.
In the event of unavailability following the Order, ARTPRINT undertakes to inform the Customer as quickly as possible and to offer them either a similar Product, a credit for all available Products, or a refund.
If the Customer opts for a refund, ARTPRINT will make its best efforts to reimburse the Customer within 14 days from the date on which ARTPRINT informed the Customer of the unavailability of the Product or at the latest within 14 days from payment of the sums paid by the Customer.
ARTPRINT reserves the right to make any modification it deems useful to the Products at any time without obligation to modify the Products previously delivered or currently being ordered.
Article 4 – Price
The price of Products sold on the Site is indicated respectively by item and reference.
The validity period of offers and prices is determined by updating the Site.
The price of the Products is that in effect on the date of the Order placed by the Customer.
Prices are indicated in Euros, all taxes included, excluding shipping costs which are invoiced in addition, on the basis of the price indicated on the Site.
The telecommunications costs inherent in access to the Site remain the sole responsibility of the Customer.
Article 5: Order
In order to complete the Order, the Customer must follow the following steps:
1. Enter the Site address
2. Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account;
3. Complete the Order form;
4. Check the elements of the Order and, if necessary, identify and correct errors (“double-click” system);
5. Accept these General Conditions and the general conditions of use;
6. Validate the Order, as well as the total price including tax;
7. Follow the instructions of the online payment server to pay the price.
The Customer undertakes not to communicate the identifiers of his Customer account to third parties. ARTPRINT cannot be held responsible for any action carried out via or on the Customer account by a third party to whom the Customer has communicated their identifiers or who may have had access to their identifiers or to their Customer Account following fault or negligence attributable to the audit. Customer.
5.2 Personal information
When placing the Order, the Customer agrees to provide the information requested and undertakes to ensure its veracity.
ARTPRINT cannot be held responsible for possible entry errors by the Customer, nor for errors on the Order form, nor for their consequences in terms of delay or delivery error. Thus, if delivery cannot take place due to an entry error by the Customer, or an incorrect or illegible mention on the Order form, the reshipping costs will be the responsibility of the Customer.
5.3 Order Confirmation
The Customer receives electronically an order confirmation including the summary of his Order.
The Order only becomes firm and final after the Seller has sent this Order confirmation email.
In accordance with article L. 122-1 1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when it There is a dispute with the Customer concerning, in particular, the payment of a previous order.
Furthermore, the Customer's Order may be canceled by the Seller in the event of lack of information necessary for delivery.
5.4 Order Processing
Orders are processed in the order in which they are actually received.
ARTPRINT undertakes to process all Orders, within the limits of available stocks.
Article 6: Validation of payment
Article 6.1 Purpose
Validation of payment by the Seller conditions the shipment of the Products to the address indicated by the Customer. In the event of payment by check, validation of the payment occurs after collection.
Article 7: Payment
Article 7.1 Security of online payments
The Seller uses all means to ensure the confidentiality and security of data transmitted on the Site.
For the security of transactions carried out online, ARTPRINT uses its online payment system.
Article 7.2 Payment terms
The Customer pays his Order online by credit card either by check or by Paypal account. In the event of payment online by credit card (Carte Bleue, VISA, Eurocard / Mastercard), the Customer is required to provide the type of his card of payment, the number of the Payment Card, the expiration date and the cryptogram. He guarantees that he is fully authorized to use said Card and that the card provides access to sufficient funds to cover all costs resulting from his Order.
The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiration date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the price would be impossible, the online sale would be immediately canceled automatically and the Order would be canceled.
Article 7.3 invoice
The invoice will be sent to you by email
Article 8: Delivery
8.1 Progress of delivery
Deliveries are only made according to availability and in the order of arrival of the Orders and can be made in whole or in part.
Delivery will take place to the delivery address indicated by the Customer when placing the Order.
The Customer is solely responsible for a delivery failure due to a lack of indication during the Order.
Unless otherwise agreed by the Seller, delivery costs are always the responsibility of the Customer.
8.2 Delivery times
The average delivery time is 2 weeks from the Order – Delivery times run from the date of confirmation of the Order and payment by the Seller.
Delivery times depend on the carrier or Post Office delivery times.
In any case, delivery times may not exceed 3 weeks from confirmation of the Order, except in cases of force majeure or agreement by the Customer on a new deadline.
In the event of non-delivery of an Order on the date indicated, ARTPRINT will communicate to the Customer a new delivery date, notwithstanding the option for the Customer, if the delay is not attributable to him, to request reimbursement for his Order within conditions provided for in article L.216-2 of the Consumer Code.
In the event that the Order has not yet been shipped upon receipt by the Seller of the Customer's cancellation notice, delivery is blocked and the Customer is reimbursed for any sums debited within 14 days following receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the Seller of the Customer's cancellation notice, the Customer may still cancel the Order by refusing the Product. The Seller will then reimburse the debited sums paid by the Customer within 14 days following receipt of the return of the refused Product complete, new and in its original packaging.
8.3 Verification of the Order upon arrival
The Customer undertakes to take delivery of the Products at the address indicated in the Order.
Upon delivery of the Product, the Customer must, in the presence of the carrier:
- check the external appearance of the package and refuse it in the event of damage by indicating explicit reservations on the delivery note clearly showing the nature of the damage or the quantity of the missing items in the presence of the carrier.
- check the conformity of the Product in relation to the order and any apparent or missing defects. In the event of non-compliance, apparent defect or missing items, he must immediately inform ARTPRINT by email at the following address: email@example.com and in any event within eight ( 8) days from receipt of the Product.
Failing this, the Customer will be deemed to have accepted the Product without reservation.
The Customer will keep a duplicate of the payment voucher. In the event of an apparent defect or non-conformity of the products delivered, duly notified according to the terms defined above and noted by ARTPRINT after verification of quantity and quality, the Customer may obtain free replacement or reimbursement of the Products, upon request. exclusion of any other compensation.
8.4 Orders shipped not received.
In the event that the Product was sent by LA POSTE, and in accordance with LA POSTE's conditions, the Customer has a period of fifteen days following LA POSTE's delivery notice to collect their package at their local post office. residence. After this period, the package is sent back to the Seller.
In the event that delivery is made by a carrier to the Customer's home, and if said carrier is unable to make an appointment with the Customer and/or in the absence of the Customer on the day agreed for delivery, the products are returned to the Seller.
In these cases , the Order will be canceled and the Customer will be reimbursed, less the actual cost of transport.
Article 9: Right of withdrawal
In accordance with the provisions of article L 221 – 18 of the Consumer Code, the Customer has a right of return within 14 days following receipt of his Order. In the event that this period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the first following working day.
The Customer who wishes to exercise his right of withdrawal must return the Products within the aforementioned period, in their original packaging, complete, new.
In accordance with the provisions of article L 221-23 of the Consumer Code, the costs of returning the Order remain the responsibility of the Customer.
In accordance with the provisions of article L 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for goods made according to the Customer's specifications or clearly personalized or which, due to their nature, cannot be returned .
Finally, withdrawal can never be exercised if the Products delivered are products which have been, even in part, damaged or used. Likewise, Products returned incomplete will not be taken back or exchanged. .
9.3 Procedure for returning a Product
For any return, the Customer must first contact ARTPRINT by email, indicating “return request” in the subject of the email.
The Customer may in particular use the withdrawal form appearing in appendix 1 of these General Conditions of Sale and send it, either by email to the following address firstname.lastname@example.org or by post to the following address : 5 Place Chazette – LYON 69001.
As part of the exercise of his right of withdrawal, the Customer undertakes to return the Products concerned within a maximum period of fourteen (14) days from this information provided to ARTPRINT.
In accordance with article L.221-23 of the Consumer Code, the costs of returning the products will remain the responsibility of the Customer, except in the event of lack of conformity of the Products delivered in relation to the Order (in this case, the return costs will be borne by ARTPRINT).
The organization of transport and the risks linked to the return of the Product, whatever the cause, are the responsibility of the Customer. If the Product is lost by the Carrier during this shipment, the Customer is solely responsible and cannot be reimbursed by ARTPRINT.
If the right of return is exercised in compliance with the conditions stipulated herein, ARTPRINT will reimburse the Customer within 14 days of exercising the right of withdrawal.
If the returned Product does not reach ARTPRINT under the conditions provided for in this article, the Customer cannot be reimbursed.
In any case, any product returned to ARTPRINT will be subject to qualitative and quantitative checks by ARTPRINT which, taking into account the results of its checks, is entitled to refuse to reimburse the Product, if it appears, without this list is exhaustive, that the Product or its packaging is damaged, has been used by the Customer, or is no longer marketable for any reason whatsoever.
Article 10 Legal guarantee
The Customer benefits from the legal guarantee relating to hidden defects within the meaning of Articles 1641 et seq. of the Civil Code as well as the guarantee relating to defects of conformity within the meaning of Articles L. 217-4 et seq. of the Consumer Code.
When the Customer acts under a legal guarantee of conformity:
-It benefits from a period of 2 years from the delivery of the product to act;
-He can choose between repairing or replacing the good, subject to certain cost conditions provided for by article L. 217-9 of the Consumer Code;
-It is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code; in this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.
In accordance with article L. 217-15 of the Consumer Code, the provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Code are reproduced below of consumption, as well as articles 1641 and 1648 (first paragraph) of the Civil Code:
Article L.217-4 of the Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code:
The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L.217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of a movable item, a restitution condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 of the Civil Code, paragraph 1:
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
10.4 Exclusion of Liability
With regard to Orders made to satisfy professional needs, ARTPRINT cannot be held responsible, towards a Customer or a third party, for any indirect material or immaterial damage, any loss of profit or turnover , in any way .
ARTPRINT's liability is limited, for all causes, to a sum capped at the amount excluding tax of the Order.
Likewise, the total or partial impossibility of using the Products, due in particular to material incompatibility or non-compliance with the needs of the Professional Customer, cannot engage the liability of the Seller or give rise to any right to damages. or refund of the Product.
Article 11: Complaints
The Customer must send any complaints to ARTPRINT Customer Service by post to 5 place chazette 69001 Lyon or electronically: email@example.com or by telephone to the following number 0608525286, recalling the reference and the date of the command.
Article 12. – Force Majeure
ARTPRINT cannot be held responsible for the non-performance or delay in the execution of one of its obligations towards the Client, in the event of the occurrence of a particular circumstance, or by an event of force majeure. By “force majeure event”, we mean any event preventing the total or partial execution of the contract which cannot be overcome despite reasonable diligence on the part of ARTPRINT, such as and without this list being exhaustive, war, riot , fire, total or partial strike, explosion, flood, failure of telecommunications means, disruption of means of transport, delay or failure in the supply of raw materials, for whatever cause whatsoever.
The Seller will notify the Customer of the occurrence of such an event within 8 days from the date of occurrence of the event.
When the suspension of the execution of the Seller's obligations continues for a period greater than 30 days, the Customer will have the possibility of terminating the current Order and the Seller will then reimburse the Order.
Article 13: Intellectual property
Any total or partial reproduction of the Site is strictly prohibited, all texts and illustrations appearing on the latter being protected by copyright.
Article 14: Processing of personal data
Personal data refers to data provided by the Customer which allows him to be identified, directly or indirectly, within the meaning of the Data Protection Act of January 6, 1978 as amended.
They are necessary for processing the Order and processed in accordance with the confidentiality policy implemented by ARTPRINT.
Article 15 – Reservation of ownership:
The transfer of ownership of the products to the Customer is subject to full payment of the price of the Products in principal, interest, penalties and accessories.
ARTPRINT reserves the right to demand the return, at the Customer's expense and risk, of unpaid products without prejudice to any other action. Products still in the Customer's possession are presumed to be unpaid.
Article 16: Applicable law
These General Conditions and the Orders placed in application hereof are executed and interpreted in accordance with French law.
In the event of a dispute over the formation, interpretation, execution or termination of the contractual relations established between the Customer and the Seller as well as the acts which will result therefrom, the dispute will, in the absence of an amicable agreement, be submitted to the competent French courts under the conditions of common law, unless mandatory legal or public policy provisions to the contrary apply.
If the Customer acts for his professional needs, exclusive jurisdiction is given to the Commercial Court of the Seller's headquarters.
Article 18: Dispute resolution
The Customer is informed that he can resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 534-7) or with existing sectoral mediation bodies, or in any mode alternative dispute resolution (conciliation, for example) in the event of a dispute.
The Client may in particular use the Medicys mediation service free of charge which can be reached electronically via its website: www.medicys.fr or by post to: 73, Boulevard de Clichy, 75009-Paris.
The Client can then designate the mediator of his choice from the list of mediators registered with Médicys. This list, made up of more than eighty professionals spread throughout France, is available at the following address: https://medicys-consommation.fr/mediateurs-de-la-consommation/
In accordance with article L.616-2 of the Consumer Code, ARTPRINT informs the Customer of the existence of the platform put online by the European Commission which aims to collect possible complaints resulting from an online purchase of European consumers and then transmit the cases received to the competent national mediators. This link is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
ANNEX 1: WITHDRAWAL FORM
Withdrawal form template
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of ARTPRINT 5 Place Chazette – LYON 69001: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):