General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
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" referred to as "the Seller" or "ARTPRINT".
Article 1.2 Seller's Activities
The Seller's business is the creation, publishing and manufacturing of wallpapers, textiles and art prints, (hereinafter "The Products").
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of the Products are available on the Website at www.le-presse-papier.fr
Article 1.3 Seller Identification
ARTPRINT is a simplified joint-stock company with a capital of €5,000, whose registered office is at 5 Place Chazette – LYON 69001, registered with the Lyon Trade and Companies Register under number 789 296 944 RCS LYON - VAT identification number: FR 79 789296944
Article 2: Scope of application of the general terms and conditions
Article 2.1 Purpose of the general terms and conditions
These general terms and conditions of sale (hereinafter referred to as "The General Terms and Conditions" or "GTC") are intended to define the rights and obligations of the parties in the context of the sale on the Site of 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 set forth herein shall be referred to hereinafter as an “Order”.
Any order placed by a customer on the website implies their prior, express, and unreserved acceptance of these General Terms and Conditions. Furthermore, the customer receives the information required under Articles L.221-5 , L. 221-11 , and L. 221-18 of the French Consumer Code, both before and after the conclusion of the sale, and in particular through these General Terms and Conditions.
Article 2.2 Entry into force and duration of the general terms and conditions
The General Terms and Conditions come into effect on the date of validation of the Order and are concluded for the duration necessary for the supply of the Products, until the expiry of their guarantees and obligations due by the Seller.
Article 2.3 Evidence Document
The contractual information relating to the Order will be confirmed by email from 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 itself, payments made between the parties, and all documents resulting from the archiving of Order forms and invoices in ARTPRINT's computer systems.
The online provision of the bank card number and the validation of the Order by the Customer shall constitute proof of the Order and shall result in the corresponding payment being due.
Order confirmation constitutes a signature and express acceptance of all operations carried out on the Site.
Article 2.4 Validity of the General Terms and Conditions
Products and Services ordered on the Site by Customers are governed by the General Terms and Conditions in effect on the date of the Order.
ARTPRINT reserves the right to modify its General Terms and Conditions at any time by publishing a new version on the Site.
The failure of the Customer to invoke any of these General Terms and Conditions at any given time shall not be construed by the Customer as a waiver by the Seller of its right to invoke any of said General Terms and Conditions at a later date.
Article 3 Product Information – Availability – Modifications
3.1 Product Information
The products offered by ARTPRINT comply with current French legislation and applicable standards in France.
The product images displayed on the Site are for illustrative purposes only. The delivered products may differ slightly from those shown in the images. ARTPRINT strives to accurately present the essential characteristics of its products on the product pages. However, the Customer is informed, subject to their rights, of the possibility of a difference in presentation upon delivery; this difference does not affect the content and characteristics of the product.
3.2 Availability
In the event of unavailability of the Product at the time of the Order or subsequently, ARTPRINT shall not be held liable, nor shall the Customer be entitled to any damages.
Information regarding product availability is provided at the time the order is placed.
In the event of unavailability after the Order, ARTPRINT undertakes to inform the Customer as soon as possible and to offer him either a similar Product, or a credit note to be used on all available Products, or a refund.
If the Customer opts for a refund, ARTPRINT will make its best efforts to refund 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 the payment of the sums paid by the Customer.
3.3 Modifications
ARTPRINT reserves the right to make any changes it deems necessary to the Products at any time without obligation to modify Productspreviously delivered or in the process of 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 the Site update.
The price of the Products is that in effect on the date the Order was placed by the Customer.
Prices are shown in Euros, inclusive of all taxes, excluding shipping costs which are charged separately, based on the rate shown on the Site.
Telecommunication costs related to accessing the Site remain the sole responsibility of the Client.
Article 5: Order
5.1 Terms and Conditions
In order to place the Order, the Customer must follow the following steps:
1. Enter the Site address
2. Follow the Site's instructions and in particular, the instructions necessary to open a customer account;
3. Fill out the Order form;
4. Check the Order elements and, if necessary, identify and correct any errors (double-click system);
5. Accept these General Terms and Conditions and the general terms of use;
6. Confirm the order, as well as the total price including VAT;
7. Follow the instructions of the online payment server to pay the price.
The Client agrees not to share their account login credentials with any third party. ARTPRINT shall not be held liable for any action taken via or on the Client's account by a third party to whom the Client has disclosed their login credentials, or who has gained access to their login credentials or Client account due to a fault or negligence attributable to said Client.
5.2 Personal Information
When placing an order, the customer agrees to provide the requested information and warrants that it is true.
ARTPRINT cannot be held responsible for any errors made by the Customer when entering information, nor for any errors on the Order form, nor for the resulting consequences in terms of delays or delivery errors. Therefore, if delivery cannot be completed due to an error made by the Customer when entering information, or due to incorrect or illegible information on the Order form, the Customer will be responsible for the reshipment costs.
5.3 Order Confirmation
The Customer receives an order confirmation electronically, including a summary of their Order.
The Order only becomes firm and final after the Seller sends this Order confirmation email.
In accordance with Article L. 122-11 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 there is a dispute with the Customer concerning, in particular, the payment of a previous order.
Furthermore, the Customer's Order may be cancelled by the Seller in the event of a 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 stock.
Article 6: Payment Validation
Article 6.1 Purpose
The Seller's validation of payment is a prerequisite for shipping the Products to the address provided by the Customer. In the case of payment by check, validation occurs after the check has cleared.
Article 7: Payment
Article 7.1 Online Payment Security
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site.
For the security of online transactions, ARTPRINT uses its online payment system.
Article 7.2 Payment terms
The Customer pays for their Order online by credit card, check, or PayPal account. For online payment by credit card (Carte Bleue, VISA, Eurocard/Mastercard), the Customer is required to provide the card type, card number, expiration date, and security code. They guarantee that they are fully authorized to use the card and that the card has sufficient funds to cover all costs resulting from their Order.
The transaction is immediately debited from the Client's bank card after verification of the card details, upon receipt of debit authorization from the issuing company of the bank card used by the Client.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, a payment commitment made using a payment card is irrevocable. By providing their bank card information, the Customer authorizes the Seller to debit their bank card for the amount corresponding to the Price.
To this end, the Customer confirms that they are the cardholder of the bank card to be debited and that the name on the bank card is indeed their own. The Customer provides the sixteen digits and the expiry date of their bank card, as well as, where applicable, the security code.
In the event that payment of the price is impossible, the online sale will be immediately terminated by operation of law and the Order will be cancelled.
Article 7.3 invoice
The invoice will be sent to you by email
Article 8: Delivery
8.1 Delivery Procedure
Deliveries are made only according to availability and in the order in which Orders are received and may be made in full or in part.
Delivery will take place at the delivery address indicated by the Customer when placing the Order.
The Customer is solely responsible for any delivery failure due to a lack of information during the Ordering process.
Unless otherwise stipulated 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 date of 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 postal service delivery times.
In any event, delivery times may not exceed 3 weeks from the date of 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 a new delivery date to the Customer, notwithstanding the Customer's right, if the delay is not attributable to him, to request a refund of his Order under the conditions provided for in Article L.216-2 of the Consumer Code.
If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, delivery will be stopped and the Customer will be refunded any amounts charged within 14 days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the Product. The Seller will then refund any amounts charged by the Customer within 14 days of receiving the returned Product, provided it is complete, new, and in its original packaging.
8.3 Order Verification Upon Arrival
The Customer agrees to take delivery of the Products at the address he/she 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 if damaged, indicating explicit reservations on the delivery note clearly showing the nature of the damage or the quantity of missing items in the presence of the carrier.
- Check that the Product conforms to the order and that there are any visible defects or missing items. In the event of non-conformity, visible defects, or missing items, the customer must immediately inform ARTPRINT by email at the following address:contact@le-presse-papier.fr and in any event within eight (8) days of receiving the Product.
Otherwise, the Customer will be deemed to have accepted the Product without reservation.
The Customer will retain a copy of the delivery receipt. In the event of an apparent defect or non-conformity of the delivered products, duly notified according to the procedures defined above and verified by ARTPRINT after quantity and quality checks, the Customer may obtain free replacement or a refund of the Products, to the exclusion of any other compensation.
8.4 Shipped orders not received.
If the Product was sent via the postal service, and in accordance with postal service terms and conditions, the Customer has fifteen days from the date of the postal service delivery notice to collect their package from their local post office. After this period, the package is returned to the Seller.
In the event that delivery is made by a carrier to the Client's home, and if said carrier is unable to make an appointment with the Client and/or in the event of the Client's absence on the agreed delivery day, the products are returned to the Seller.
Under these circumstances, the Order will be cancelled and the Customer will be refunded, less the actual cost of transport.
Article 9: Right of withdrawal
9.1 General Information
In accordance with the provisions of Article L 221-18French, Consumer Code, the Customer has a right of return within 14 or public holiday, it is extended to the next working day.
The Customer who wishes to exercise their right of withdrawal must return the Products within the aforementioned period, in their original packaging, complete, and 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.
9.2. Exclusions
In accordance with the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for goods made to the Customer's specifications or clearly personalized or which, due to their nature, cannot be returned.
Finally, the right of withdrawal cannot be exercised if the delivered Products have been damaged or used, even partially. Similarly, incomplete returned Products will not be accepted or exchanged.
9.3 Product Return Procedure
For any return, the Customer must first contact ARTPRINT by email, indicating "return request" in the subject line of the email.
The Customer may in particular use the withdrawal form in appendix 1 of these General Terms and Conditions of Sale and send it either by email to the following address contact@le-presse-papier.fr or by post to the following address: 5 Place Chazette – LYON 69001.
In exercising his right of withdrawal, the Customer undertakes to return the Products concerned within a maximum period of fourteen (14) days from the date of this notification 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 non-conformity of the Products delivered with respect to the Order (in this case, the return costs will be borne by ARTPRINT).
The Customer is responsible for arranging and managing the return of the Product, regardless of the reason. If the Product is lost by the Carrier during this return shipment, the Customer is solely responsible and will not be reimbursed by ARTPRINT.
In the event of exercising the right of return in compliance with the conditions stipulated herein, ARTPRINT shall reimbursethe Customer within 14 days from the exercise of the right of withdrawal.
If the returned Product does not reach ARTPRINT under the conditions set out in this article, the Customer will not be for a refund.
In any event, any product returned to ARTPRINT will be subject to qualitative and quantitative checks by ARTPRINT, which, based on the result of its checks, is entitled to refuse to refund the Product if it appears, without this list being 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 the legal guarantee of conformity:
-He has a period of 2 years from the delivery of the product to take action;
-He can choose between repair or replacement of the goods, subject to certain cost conditions provided for in Article L. 217-9 of the Consumer Code;
-He is exempt from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The Customer may decide to implement the warranty against hidden defects in the thing sold within the meaning of article 1641 of the civil code; in this case, the Customer may choose between the termination of the sale or a reduction of 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 Consumer Code, as well as Articles 1641 and 1648 (first paragraph) of the Civil Code, are reproduced below:
Article L.217-4 of the Consumer Code:
The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L.217-5 of the Consumer Code:
The property conforms to the contract:
1° If it is fit for the purpose 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 possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special purpose 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 time-barred after two years from the delivery of the goods.
Article L.217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property in question is made available for repair, if the latter is later than the request for service.
Article 1641 of the Civil Code:
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1648 of the Civil Code, paragraph 1:
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
10.4 Exclusion of Liability
With regard to Orders made to satisfy professional needs, ARTPRINT shall not be liable to any Client or third party for any indirect material or immaterial, any loss of profit or turnover, in any way whatsoever.
ARTPRINT's liability is limited, for all causes combined, to a sum capped at the pre-tax amount of the Order.
Similarly, the total or partial impossibility of using the Products, due in particular to material incompatibility or non-compliance with the needs of the professional Client, cannot engage the Seller's liability nor give rise to any right to damages or reimbursement of the Product.
Article 11: Complaints
The Customer must address any complaints to ARTPRINT Customer Service by post to 5 place chazette 69001 lyon or electronically: contact@le-presse-papier.fr or by telephone at the following number 0608525286, recalling the reference and date of the Order.
Article 12 – Force Majeure
ARTPRINT shall not be held liable for the non-performance or delay in the performance of any of its obligations to the Client in the event of a special circumstance or force majeure. “Force majeure” shall mean any event preventing the total or partial performance of the contract that could not be overcome despite reasonable diligence on the part of ARTPRINT, such as, but not limited to, war, riot, fire, total or partial strike, explosion, flood, failure of telecommunications, disruption of transportation, or delay or failure in the supply of raw materials, for any reason whatsoever
The Seller will notify the Customer of the occurrence of such an event within 8 days from the date of the event.
When the suspension of the performance of the Seller's obligations continues for a period exceeding 30 days, the Customer will have the option to cancel the current Order and the Seller will then proceed with the refund of the Order.
Article 13: Intellectual Property
Any reproduction, in whole or in part, of the Site is strictly prohibited, as all texts and illustrations appearing on it are protected by copyright.
Article 14: Processing of personal data
Personal data refers to data provided by the Client which allows him or her to be identified, directly or indirectly, within the meaning of the French Data Protection Act of 6 January 1978 as amended.
They are necessary for the processing of the Order and are processed in accordance with the privacy policy implemented by ARTPRINT.
Article 15 – Retention of title:
The transfer of ownership of the products to the Customer is subject to full payment of the price of the Productsin principal, interest, penalties and accessories.
ARTPRINT reserves the right to demand the return, at the Client's expense and risk, of unpaid products without prejudice to any other action. Products still in the Client's possession are presumed to be unpaid.
Article 16: Applicable Law
These and General Terms and Orders placed pursuant hereto shall be governed by and construed in accordance with French law.
In the event of a dispute concerning the formation, interpretation, execution or termination of the contractual relationship established between the Client and the Seller, as well as the acts that will result therefrom, the dispute shall, in the absence of an amicable agreement, be submitted to the competent French courts under the conditions of ordinary law, unless otherwise required by mandatory legal provisions or public policy.
If the Client is acting for its professional needs, exclusive jurisdiction is given to the Commercial Court of the Seller's registered office.
Article 18: Dispute Resolution
The Client is informed that he may resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 534-7) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Client may, in particular, make use of the free Medicys mediation service, which can be contacted electronically via its website: www.medicys.fr or by post to: 73, Boulevard de Clichy, 75009- Paris.
The Client may then designate the mediator of their choice from the list of mediators registered with Médicys. This list, comprising more than eighty professionals located 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 French Consumer Code, ARTPRINT informs the Customer of the existence of the online platform established by the European Commission, which aims to collect any complaints arising from online purchases made by European consumers and then forward 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
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APPENDIX 1: WITHDRAWAL FORM
Sample withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To: ARTPRINT, 5 Place Chazette – LYON 69001: contact@le-presse-papier.fr
I hereby notify you of my withdrawal from the contract for the sale of the property described below:
Ordered on (*)/received on (*):
Name of consumer(s):
Consumer address(es):
Signature of the consumer(s) (only if this form is submitted on paper):
Date:
