General Terms & Conditions
TERMS AND CONDITIONS OF SALE
Article 1: General information about the Seller
Article 1.1 The website
The Website www.le-presse-papier.fr (hereafter referred to as the "Site" is operated by the simplified joint stock company "ARTPRINT" referred to as "the Seller" or "ARTPRINT".
Article 1.2 Activities of the Seller
The Seller's activity is the creation, publishing and manufacture of wallpapers fabricand 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 Site at the following address www.le-presse-papier.fr
Article 1.3 Identification of the Seller
ARTPRINT is a Simplified Joint Stock Company with a capital of 5.000 €uros whose registered office is 5 Place Chazette - LYON 69001, registered in the Trade and Companies Register of LYON under the number 789 296 944 R.C.S. LYON- VAT identifier number: FR 79 789296944.
Article 2: Scope of the general conditions
Article 2.1 Purpose of the General Conditions
The purpose of these general terms and conditions of sale (hereinafter referred to as "the General Terms and Conditions" or "GTC") 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 set out herein shall hereinafter be referred to as an "Order".
Any Order validated by a Customer on the Site implies his prior, express and unreserved acceptance of these General Terms and Conditions. In addition, the Customer shall receive 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 the present General Conditions.
Article 2.2 Entry into force and duration of the General Terms and 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 expiry of their guarantees and obligations due by the Vendor.
Article 2.3 Evidentiary Document
The contractual information relating to the Order shall be confirmed by e-mail by the Seller to the Customer. ARTPRINT recommends that the Client keep the Order confirmation email or print it out. 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 credit card number and the validation of the Order by the Customer shall constitute proof of the Order and shall result in the corresponding payment becoming due.
Validation of the Order is equivalent to signature and express acceptance of all operations carried out on the Site.
Article 2.4 Validity of the GTC
The Products and Services ordered on the Site by the Customers are governed by the General Conditions at 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 taking advantage, at a given time, of any one of these General Terms and Conditions may not be interpreted by the Customer as a waiver by the Seller of the right to take advantage of any one of the said General Terms and Conditions at a later date.
Article 3 Product Information - Availability - Changes
3.1 Product Information
The Products offered by ARTPRINT comply with the French legislation in force and the standards applicable in France.
The images of the Products presented on the Site are for information purposes only. The Products delivered may be slightly different from those shown in the images. ARTPRINT endeavours to present the essential characteristics of the Products in the best possible way on the Product sheets. However, the Customer is informed, subject to his rights, of the possibility of a difference in presentation on delivery, this difference not affecting the content and characteristics of the Product.
3.2 Cash and cash equivalents
In case of unavailability of the Product at the time of the Order or afterwards, ARTPRINT's liability cannot be engaged, nor can it give the Customer the right to damages and interest.
Information relating to the availability of the Products is given 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 for all available Products, or a refund.
If the Client opts for a refund, ARTPRINT will make its best efforts to reimburse the Client within a period of 14 days from the date on which ARTPRINT informs the Client of the unavailability of the Product or, at the latest, within a period of 14 days from the 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 being obliged to modify the PThe products previously delivered or on order.
Article 4 - Prices
The price of the Products sold on the Site is indicated respectively by item and reference.
The period of validity of offers and prices is determined by the updating of the Site.
The price of the Products applies on the date of the Order placed by the Customer.
The prices are indicated in Euros, all taxes included, excluding participation in shipping costs which are invoiced in addition, on the basis of the rate indicated on the Site.
The telecommunication costs inherent to access to the Site remain the exclusive responsibility of the Customer.
Article 5: Order
5.1 Terms and Conditions
In order to complete the Order, the Customer must follow the following steps:
1. Dial the address of the Site
2. Follow the instructions of the Site and in particular, the instructions necessary for the opening of a customer account ;
3. Fill in the Order form ;
4. Check the elements of the Order and, if necessary, identify and correct errors ("double-click" system);
5. Accept these General Terms and Conditions and the General Conditions of Use ;
6. Validate the Order, as well as the total price including all taxes;
7. Follow the instructions of the online payment server to pay the price.
The Client undertakes not to communicate the identifiers of his account to third parties. 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 provided its identifiers or who has had access to its identifiers or its Client Account as a result of fault or negligence attributable to the Client.
5.2 Personal information
At the time of the Order, the Customer agrees to provide the information requested and undertakes to ensure that this information is true.
ARTPRINT cannot be held responsible for any input errors by the Client, nor for any error on the Purchase Order, nor for their consequences in terms of delay or delivery error. Thus, if delivery cannot take place because of an error in entry by the Customer, or an erroneous or illegible mention on the purchase order, the forwarding costs will be borne by the Customer.
5.3 Order Confirmation
The Customer shall receive an electronic order confirmation including a summary of his Order.
The Order shall only become firm and definitive after the Seller has sent this Order confirmation e-mail.
In accordance with Article L. 122-11 of the French Consumer Code, the Vendor 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 stocks.
Article 6: Validation of payment
Article 6.1 Purpose
The validation of the payment by the Seller shall condition the shipment of the Products to the address indicated by the Customer. In the case of payment by cheque, the validation of the payment takes place after cashing.
Article 7: Payment
Article 7.1 Security of online payments
The Vendor implements all means to ensure the confidentiality and security of the data transmitted on the Site.
For the security of online transactions, ARTPRINT uses its online payment system.
Article 7.2 Terms of payment
The Customer pays for his Order online by credit card either by cheque or by paypal account. In the case of online payment by credit card (Carte Bleue, VISA, Eurocard / Mastercard), the Customer is required to provide the type of his payment card, the number of the payment card, the expiry date and the cryptogram. He guarantees that he is fully entitled to use the said Card and that the Card gives access to sufficient funds to cover all costs resulting from his Order.
The transaction is immediately debited to the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the issuer of the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card details, the Customer authorises the Vendor to debit his credit 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 on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiry date of his credit card as well as the numbers of the visual cryptogram, if any.
In the event that it is impossible to debit the price, the online sale will be immediately cancelled 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 only made according to availability and in the order of arrival of the Orders and may be made in whole or in part.
Delivery shall be made to the delivery address indicated by the Customer when placing the Order.
The Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of the Order.
Unless otherwise agreed by the Seller, delivery costs are always at the expense 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 the delivery times of the Post Office.
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 if the Customer agrees to a new deadline.
In the event of non-delivery of an Order on the date indicated, ARTPRINT shall inform the Customer of a new delivery date, notwithstanding the Customer's right, if the delay is not attributable to him, to request reimbursement 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 notice of cancellation, delivery shall be blocked and the Customer shall be reimbursed any amounts debited within a period of 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 proceed to reimburse the sums disbursed by the Customer within a period of 14 days following receipt of the return of the refused Product complete, new and in its original packaging.
8.3 Checking the Order on 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 obligatorily, in the presence of the carrier:
- check the external aspect of the parcel and refuse it in case of deterioration by indicating explicit reserves on the delivery order clearly showing the nature of the damage or the quantity of 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-conformity, apparent defects or missing items, he must immediately inform ARTPRINT by email at the following email@example.com and in any event within eight (8) days of receipt of the Product.
Failing this, the Customer shall be deemed to have accepted the Product without reservation.
The Customer will keep a duplicate of the voucher. In the event of an apparent defect or non-conformity of the products delivered, duly notified according to the methods defined above and noted by ARTPRINT after verification of quantity and quality, the Client may obtain free replacement or reimbursement of the Products, to the exclusion of any other compensation.
8.4 Orders shipped but not received.
If the Product has been sent by LA POSTE, and in accordance with the conditions of LA POSTE, the Customer has a period of fifteen days following the notice of passage of LA POSTE to recover his package at the post office of his residence. After this period, the package is returned to the Seller.
In the event that delivery is made by a carrier to the Customer's domicile, and if the said carrier is unable to make an appointment with the Customer and/or if the Customer is absent on the day agreed for delivery, the products shall be returned to the Vendor.
In these assumptionsIn the event that the Customer fails to comply with the terms and conditions of the Order, 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 221–18 of the French Consumer Code, the Customer has the right to return the goods within the following deadlines 14 days following receipt of his Order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended to the first following working day.
The Customer who wishes to exercise his right of withdrawal must return the Products within the above-mentioned period, in their original packaging, complete, new.
In accordance with the provisions of Article L 221-23 of the French Consumer Code, the costs of returning the Order shall be borne by the Customer.
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 personalised or which, due to their nature, cannot be returned.
Finally, retraction can never be exercised if the Products delivered are products that have been, even partially, damaged or used. Similarly, Products returned incomplete will not be taken back or exchanged..
9.3 Procedure for returning a Product
For all return, the Customer must first contact ARTPRINT by email with the mention "return request" in the subject of the email.
In particular, the Customer may 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 firstname.lastname@example.org or by post at 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 as of the date on which he informs ARTPRINT.
In accordance with article L.221-23 of the French Consumer Code, the cost of returning the Products will remain the Customer's responsibility, except in the event of a lack of conformity of the delivered Products with respect to the Order (in this case, the return costs will be borne by ARTPRINT).
The organization of transport and the risks related 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.
In case of exercise of the right of return in accordance with the conditions stipulated herein, ARTPRINT refunda the Customer within a period of 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 may not not be reimbursed.
In any case, any product returned to ARTPRINT will be subject to qualitative and quantitative verifications by ARTPRINT, which, taking into account the results of its verifications, is entitled to refuse to reimburse the Product, if it appears, without this list being exhaustive, that the Product or its packaging is damaged, has been used by the Client, 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 as a legal guarantee of conformity :
-It has 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 in Article L. 217-9 of the Consumer Code ;
-Proof of lack of conformity is not required within 24 months of 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 guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation 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 shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, installation instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code:
The property conforms to the contract:
(1) If it is fit for the use usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L.217-12 of the Consumer Code:
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L.217-16 of the Consumer Code: Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of movable property, to carry out a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the period of the warranty remaining to run. This period shall run from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code :
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code, paragraph 1:
The action resulting from redhibitory 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 cannot be held liable to a Client or a third party for any indirect damage. tangible or intangibleno loss of profit or turnover., howsoever.
ARTPRINT's liability is limited, for all causes, to a sum capped at the amount of the Order before tax.
Similarly, the total or partial impossibility to use the Products, notably due to material incompatibility or non-compliance with the Professional Customer's needs, shall not engage the Vendor's liability or give rise to any right to damages or reimbursement of the Product.
Article 11: Claims
The Client must send any complaints to ARTPRINT Customer Service by post to 5 place chazette 69001 lyon or electronically: email@example.com or by telephone at the following number 0608525286, stating the reference and date of the Order.
Article 12. - Force Majeure
ARTPRINT cannot be held responsible for the non-performance or delay in the performance of any of its obligations towards the Client, in the event of the occurrence of a particular circumstance, or by an event of force majeure. By "event of force majeure", we mean any event preventing the total or partial performance of the contract that cannot be overcome despite due 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 means of transport, delay or failure in the supply of raw materials, for any reason whatsoever.
The Seller shall notify the Customer of the occurrence of such an event within 8 days from the date of the occurrence of the event.
If the suspension of the Seller's performance of its obligations continues for a period of more than 30 days, the Customer shall have the option of cancelling the current Order and the Seller shall then proceed to refund the Order.
Article 13: Intellectual Property
Any total or partial reproduction of the Site is strictly forbidden, all texts and illustrations appearing on the Site being protected by copyright.
Article 14 : Processing of personal data
Personal data refers to the data provided by the Customer that allows him/her to be identified, directly or indirectly, within the meaning of the French Data Protection Act of 6 January 1978 as amended.
Article 15 - Retention of title :
The transfer of ownership of the products at Customer is subject to full payment of the price of the PThe principal, interest, penalties and incidentals.
ARTPRINT reserves the right to demand the restitution, at the Client's expense and risk, of unpaid products without prejudice to any other action. The products still in the possession of the Customer are presumed to be the unpaid ones.
Article 16: Applicable law
The present General terms and conditions and Orders placed hereunder shall be performed and interpreted in accordance with French law.
In the event of a dispute concerning the formation, interpretation, execution or termination of the contractual relations established between the Customer and the Seller, as well as the acts that will be the consequence thereof, the dispute will be, failing amicable agreement, submitted to the competent French courts under the conditions of ordinary law, unless mandatory legal provisions or public policy provisions are otherwise applicable.
If the Customer acts for his professional needs, exclusive jurisdiction is given to the Commercial Court of the Seller's registered office.
Article 18: Settlement of disputes
The Customer is informed that he may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 534-7) or with existing sector-based mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In particular, the Customer may have free recourse to the Medicys mediation service, which can be reached electronically via its website: www.medicys.fr or by post at: 73, Boulevard de Clichy, 75009- Paris.
The Client may then appoint the mediator of his choice from the list of mediators registered with Médicys. This list, made up of more than eighty professionals 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 platform put online by the European Commission, the purpose of which is to collect any complaints from European consumers resulting from an online purchase and then to transmit the cases received to the competent national mediators. This link can be accessed at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.showng=FR.
APPENDIX 1: WITHDRAWAL FORM
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
A For the attention of ARTPRINT 5 Place Chazette - LYON 69001: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for 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 in the case of notification of this form on paper):