Terms of Sales
Terms and conditions of sale
Last updated on 06/11/2023
Welcome and thank you for your trust. You will find below the Terms and Conditions applicable to the Œuvres d'âmes website. Please note that the seller Stéphanie Malossane EI provides its Customers and Users of its website with a customer service which can be contacted as follows:
By email at the following address: info@oeuvresdames.com
By post to the following address Stephanie Malossane 20 Rue Rochebrune 75011 PARIS
DEFINITIONS
Capitalized terms refer to the following definitions:
The seller refers to Stéphanie Malossane, a sole proprietorship, painter, whose SIREN number is and whose registered office is located at 20 Rue Rochebrune 75011 PARIS, FRANCE.
The "Site" refers to the Internet site accessible via the URL https//oeuvresdames.com.
The "User" refers to any person browsing the Site.
The "Product" refers to any type of material product sold online on the Site, and in particular original works of art, prints, wall hangings, wall panels, cushions, cards and books created by the artist. -
The "Order" refers to any purchase of a Product by the Customer from the Company via the Site.
The "Client" refers to the natural person or legal entity, professional or otherwise, purchasing a Product from the Company via the Site.
The "General Terms and Conditions of Sale" or "GTC" refers to these general terms and conditions of sale, applicable in the context of the contractual relationship between the Company and its Clients, which include the confidentiality policy which may be available on the Site and any element of the Site to which they expressly refer.
The"Partner" means any professional partner with whom the Company has a business relationship or to whom the Company may call in connection with the sale of a Product and to whom the Customer may be referred in connection with his/her Order.
. FIELD OF APPLICATION
1. Purpose. These GTC govern the sale of any Product to a Customer on the Site, including the conditions of use of the Site made available by the Company. The GCS can be accessed at any time on the Site. They take effect from the date of their update indicated at the top of these Terms and Conditions and prevail, where applicable, over any other version, whether previous or future.
2. Capacity. Any use of the Site to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares that he/she is of legal age and capable of entering into a contract under the law of his/her country or that he/she represents, by virtue of a valid power of attorney, the person on whose behalf he/she is placing the Order.
3. Acceptance of the GCS. The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale before placing any Order, which implies unreserved acceptance of these General Terms and Conditions of Sale. By accepting, the Customer acknowledges that, prior to placing any Order, he/she has received sufficient information and advice from the seller to enable him/her to ensure that the content of his/her Order is suited to his/her needs. These GCS constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
4.Scope of the GCS. Customers may request a copy of the version of the GTC applicable to their Order at any time. No specific terms and conditions may be added to and/or substituted for these Terms and Conditions at the Customer's initiative. The GCS apply to the exclusion of all other conditions, in particular those applicable to sales via other distribution and marketing channels for the Products. The Company reserves the right to lay down special conditions for the sale of certain Products, special offers, special guarantees, etc., which are provided to the Customer prior to the Order. The fact that one of the Parties, at any given time and for any reason whatsoever, does not avail itself of a breach by the other Party of any of the obligations contained herein, shall not be construed as a waiver of the right to avail itself of such obligations for the future.
Article 3 CHARACTERISTICS OF THE PRODUCTS
The Products governed by the GTCS are described and presented as accurately as possible. The Customer may refer to the presentation of the Product on the Site, which is summarised on the Order page and in the confirmation e-mail. The Customer is expressly warned that all Product offers are subject to change. Only the Product described in the Order is due to the Customer.
Without prejudice to the provisions of the French Consumer Code relating to updates, the Product purchased by the Customer is supplied in its version up to date at the date of purchase.
Article 4 ORDERING
1. Ordering on the Site. Once the User has selected the Product he/she wishes to purchase on the Site, he/she is directed to an Order page on which he/she enters his/her personal details (surname, first name, email address, postal address, telephone number) and, where applicable, all the necessary and accurate information and details to enable the Product to be delivered and the Order to be invoiced. The User selects the method of payment (single payment or payment in instalments, payment method) according to the options offered by the Company.
2. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Customer shall not hold the seller liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Product. The Customer must ensure that he/she will be able to receive his/her Order at the address provided, in accordance with the delivery times indicated when the Order was placed.
3. Obligation to pay. Any Order received by the Vendor shall be deemed to be firm and final, and shall imply full acceptance of these General Terms and Conditions of Sale under the conditions set out herein, as well as an obligation to pay for any Product ordered.
4. Electronic signature.The provision of the Customer's bank details online and the final validation of the Order shall constitute proof of the Customer's agreement and (i) payment of the sums due in respect of the Order (ii) signature and express acceptance of all transactions carried out.
5.Order validation. Once the Customer has read and accepted the General Terms and Conditions of Sale by ticking the appropriate box, they will be taken to an Order summary page, where they will be asked to provide their bank details before confirming payment. It is the Customer's responsibility to check the information summarising their Order and to correct it if necessary, before confirming payment for the Order. This second click definitively confirms the Customer's Order.
6. Order confirmation. The Customer shall receive an e-mail confirming and summarising his/her Order as soon as payment has been validated by the Vendor or his/her payment service provider. The Customer must have a functional electronic mailbox for sending and receiving mail. If they do not, they will not be able to receive written confirmation of their Order at the e-mail address they have provided, nor will they be able to receive the e-mail summarising their Order.
7. Proof of the transaction. Computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 5 RATE CONDITIONS
1. Applicable prices. The Product ordered is sold at the prices in force on the Site at the time the Customer's Order is registered by the Company.
Prices are indicated in euros and VAT is not applicable to the Product. (VAT not applicable - article 293 B of the French General Tax Code)
All deliveries to countries outside the European Union or to French Overseas Departments may be subject to import taxes or additional customs duties upon arrival in the destination country. This possibility is mentioned when the order is placed.
These additional taxes or customs duties must be paid by the Buyer, who is then solely responsible for ensuring that any related declarations and/or formalities are completed correctly, so that the shipment can be cleared through customs and delivered.
The Seller has no control over these customs charges and cannot say what the cost will be, as customs policies and import duties vary considerably from country to country. The Seller recommends that its international Buyers contact their local customs office to establish the exact surcharges.
In the case of international sales from countries outside the European Union, as indicated at the time of sale, any customs duties and various taxes payable are the sole responsibility of the Customer. It is the responsibility of the professional Customer to carry out any useful checks and to comply with their tax obligations. The seller accepts no liability in this respect and the Customer is solely responsible.
Prices are quoted in euros and VAT is not applicable to the Product.
2. Payability of sums. Validation of the Order shall render all sums due in respect thereof payable. By validating the Order, the Customer authorises the Company (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the Order summary.
3. Payment methods. To pay for their Orders, Customers may choose from any of the payment methods made available by the Company and listed on the Site (in particular: Paypal, Stripe).
The Customer chooses the direct debit method with the payment systems and services offered, which are secure services provided by third parties to the Seller subject to their own contractual conditions over which the Seller exercises no control - in particular, by way of example, Stripe (https://stripe.com/payment-terms/legal) and Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR). In this case, payment is made by SEPA direct debit or using the bank card details provided, depending on the payment method offered by the payment service provider and the Customer's choice. The seller reserves the right to use the payment service providers of its choice and to change them at any time.
1. Stock availability. Products are offered for sale and delivered within the limits of available stocks. In the event that a Product ordered is unavailable, the Vendor shall immediately inform the Customer and may offer the Customer a Product of equivalent quality and price or, failing this, refund the Order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable Product, the Vendor shall not be liable to pay any cancellation compensation, unless the Vendor is personally responsible for the non-performance of the contract.
3. Delivery time. Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorises a longer delivery period, the Company undertakes to deliver all Products within 30 days of receipt of the Order. The delivery times indicated at the time of the Order may be longer and may vary depending on the delivery contingencies of the postal services and any unforeseeable event outside the control of the seller or the carrier (e.g. strike).
4. late delivery. If the Product ordered is not delivered on the date or at the end of the period mentioned on the Order form or set out in the GTCS, the Customer may, after unsuccessfully requesting the seller to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract is considered to have been terminated on receipt by the Vendor of the letter or written document informing him of this termination, unless the Vendor has performed in the meantime. Where the contract is terminated under these conditions, the Vendor shall reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
Unless the law provides otherwise, and unless otherwise provided for herein, exceeding the delivery time may not give rise to damages or compensation of any kind whatsoever. The Vendor reserves the right to pass on the Customer's complaint to the carrier responsible for delivery, who may, if necessary, request further information from the Customer concerning the delay reported.
6. Delivery address. The Products are delivered to the delivery address provided by the Customer when placing the Order, which cannot be changed once the Order has been finalised. Delivery may be made directly to the delivery address or to a collection point. The Customer must collect the Product ordered within a period of time indicated by the carrier from the time of notification of its availability. The Customer may be asked to provide any proof of identity that has not been expired prior to collection of the Product. If the Product is not collected within the time limit and under the conditions indicated, the Order shall be cancelled and the Customer shall be liable for the cost of returning the Product.
7. Condition of the Product. When the Product is delivered by a carrier to the address indicated by the Customer at the time of the Order, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the carrier and, in the event of damage or incomplete delivery, to express reservations on the delivery note or the transport receipt and, if necessary, to refuse delivery of the Product directly to the carrier. If the carrier cannot justify having given the Customer the opportunity to check that the Products ordered are in good condition, the Customer will have a period of 10 (ten) days in which to notify the carrier of his justified protest by extrajudicial document or by registered letter, without prejudice to any recourse the Customer may have against the Vendor.
Article 7 RIGHT OF WITHDRAWAL
1.Time limit. The Customer has the right to cancel all or part of the Products ordered within a period of fourteen days without giving any reason. This period is counted in calendar days and runs from the day following receipt of the Product by the Customer or any third party authorised for delivery, at the address indicated or at a collection point. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last Product or batch/part. If the period expires on a Saturday, Sunday or public holiday, it shall be extended until the expiry of the last hour of the first working day thereafter.
2. Method of exercise. To exercise the right of withdrawal, the Customer shall notify his/her decision to withdraw from the contract by means of an unambiguous statement by post to Stéphanie Malossane EI, 20 Rue Rochebrune 75011 Paris or by e-mail to info@oeuvresdames.com. The Customer may use the model withdrawal form reproduced below in a box, but is not obliged to do so. The burden of proving that the right of withdrawal has been exercised lies with the Customer.
3. Return of the Product. The Customer must return or restitute the Product for which he/she has retracted, to the Vendor no later than fourteen days after sending his/her decision to retract. This period is deemed to have been respected if the goods are returned before the fourteen-day period has expired in accordance with the return conditions provided for. The cost of returning the Products are the responsability of the Customer. The terms and conditions for returning Products are specified in the article entitled "TERMS AND CONDITIONS FOR RETURNING PRODUCTS", to which the Customer should refer.
Refunds. In the event of the Customer's withdrawal, the Vendor shall refund the price of the Product within fourteen days, starting on the day following receipt of the Customer's decision to withdraw. The Seller will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer. The Vendor may defer reimbursement until the Product has been received, or until the Customer has provided proof of dispatch of the Product, whichever comes first.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of [Stéphanie Malossane 20 Rue Rochebrune 75011 PARIS , FRANCE] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product (*) below:
Ordered 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) :
Date :
(*) Delete as appropriate.
PLEASE NOTE THAT THIS RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF :
. When the Customer is a professional,
. Goods made to the consumer's specifications or clearly personalised;
.Goods purchased after a public auction.
Article 8 CONDITIONS OF RETURN
1. Address. Products must be returned to the following address: Stéphanie Malossane 20 Rue Rochebrune 75011 PARIS FRANCE. The Customer will be asked to enclose in the return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid when the Order was placed, as well as the withdrawal form or any other unambiguous statement concerning the exercise of the right of withdrawal, a legal guarantee or, where applicable, a commercial guarantee, justifying the return of the Product.
2. Status. The Customer must return the Product in its original packaging or in any other packaging that allows the Product to be returned in new condition. Any Product returned damaged, incomplete or showing any signs of wear or new odours may not be taken back, exchanged or reimbursed, including on the basis of the right of withdrawal.
3. Return shipping costs. Return shipping costs are the responsibility of the Customer, including in the event of exercising the right of withdrawal.
4. Repayment. After receipt of the Product, the Seller shall proceed to a full refund of the price of the returned Product, excluding delivery costs (unless otherwise stated in the T&Cs or where such reimbursement is provided for by law). In the event of an Order for several Products and the return of only part of the Order, the reimbursement of delivery costs is made in proportion to the number of Products ordered and returned under the conditions provided. In the event of a return that does not comply with the conditions laid down, no refund will be due and the Client will remain the owner of the returned product, which he may collect directly from the Seller, or which will be returned to him at his expense within a period of one month maximum, following the repayment refusal notification by the Vendor.
Article 9 ACCESS TO THE SITE
1.Access to the Site. The Site is accessible free of charge to
anyone with Internet access. All costs relating to
access to the Site, whether hardware, software or Internet access costs
Internet access, shall be borne exclusively by the User. The
Seller may not be held responsible for any material damage related to
use of the Site. Furthermore, the User undertakes to access the Site
using recent hardware that does not contain viruses and with an up-to-date
up-to-date browser. The User is solely
responsible for the proper functioning of their computer equipment
and of their access to the Internet.
2. Maintenance. The Site may be subject to maintenance operations. To this end, the Seller reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to carry out maintenance (in particular by means of updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
3.Contractual liability. The Seller uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site, but is under no obligation to do so. In particular, the Seller may not be held liable for any malfunction of the network or servers or any other event beyond its reasonable control, which prevents access to the Site.
Article 10 PROTECTION OF PERSONAL DATA
The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data for the purposes of providing and improving the Site, commercial prospecting, managing Orders and contracts and delivering Products, carried out from the Site, comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act (loi Informatique et Libertés) in its latest version.
The information requested in the forms available on the Site marked with an asterisk is compulsory and necessary for the management of requests, and failure to reply in a compulsory field will make it impossible for the Company to process Users' requests.
The personal data of individuals will not be kept beyond the period strictly necessary for the purposes indicated. Certain data enabling proof of a right or a contract to be established may be subject to an intermediate archiving policy for a period corresponding to the prescription and foreclosure periods for legal or administrative actions that may arise.
All Users are hereby informed and accept that the Site may include technical devices that make it possible to monitor use (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and are likely to be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
In accordance with the Data Protection Act and the RGPD, any person concerned by the processing carried out by the Company has, under the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability and deletion of his/her data, as well as a right not to be the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
Any request to exercise this right may be sent by e-mail to info@oeuvresdames.com. Any person affected by data processing has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.
The Vendor may request the Customer's telephone number in connection with an Order. The Vendor does not engage in telephone canvassing and may only contact the Customer by telephone in connection with the fulfilment of an Order in progress and in relation to the subject of that Order.
For more information on the automated processing of data and the procedures for exercising their rights, Users may consult the confidentiality policy accessible at any time on the Site and the information on cookies used by the Vendor.
Article 11 PARTNER SITES - HYPERTEXT LINKS
The User may access, via the hypertext links on the Site, the sites of Partners or third parties, which are not subject to these GTC. The User is therefore invited to read the general terms and conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these third-party sites.
The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. The Company has no control over the content of these sites and declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all Partner content.
If a third party site directs its users to the Site, the Seller reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link is not in accordance with its rights and legitimate interests.
Article 12 CASE OF FORCE MAJEURE OR FORTUIT
The performance of the Vendor's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. This suspension may concern all or part of the Order. In this case, the Seller shall notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to a refund. If the permanent impediment is partial, only a partial refund will be granted.
Under the conditions provided for by law, Customers expressly accept that they may not invoke a case of force majeure to postpone payment (of an invoice, for example) for a Product or refuse delivery of an Order placed.
The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognised by the jurisprudence of the courts and tribunals and without this list being restrictive: strikes or industrial disputes internal or external to the Vendor, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of the energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.
The Vendor may not be held liable for any difficulties encountered by the User or Customer in accessing the Site due to a technical or software failure or any other cause beyond its control. The Customer acknowledges that he/she is aware of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result. Consequently, the Company may not be held liable for any unavailability, slowdown or failure of the Internet network or of any IT solutions whatsoever, except in the event of proven negligence on its part.
Article 13 INTELLECTUAL PROPERTY
The seller or its Partners hold all intellectual property rights relating to the Site and the Products. The intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds and software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or the Products in violation of the rights of the holders of intellectual property rights over the latter.
Any use of all or part of the Site or the Products not previously authorised by the Company or its Partners, for whatever reason, may be the subject of any appropriate action, in particular an interruption of access to the Site or an action for infringement.
All distinctive signs used by the Company are protected by law and any unauthorised use by the Company may give rise to legal proceedings.
All distinctive signs used by the Vendor are protected by law and any unauthorised use by the Company may give rise to legal proceedings.
Failure to respect the intellectual property of the Company or its Partners will be analysed as serious misconduct on the part of the User or Client causing prejudice to the seller who reserves the right, in this case, to claim any damages.
Article 14 CUSTOMER REFERENCES AND COMMUNICATION
1. Customer reference. The Customer may be asked by the Seller to be named as a purchaser of a Product. With the Customer's agreement, the Vendor may be authorised to mention the Customer's name, the opinion it has given to the Company about the Product and an objective description of the nature of the Product sold to it in its lists of references and proposals for the attention of its prospects and customers, in particular on the Site, for promotional and advertising purposes, in interviews with third parties, in communications to its staff, in internal management planning documents, and in the event of legal, regulatory or accounting provisions requiring it.
2. Authorisation to use. When the Client sends written material, videos and/or photographs to the Seller to give its opinion or testify about the Product supplied by the Company, and where applicable issues comments or publications concerning the Company (for example, on its social networks), to which its identifier and profile photo are attached, then the Client authorises the Seller to exploit this content for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, in which case the Customer grants the Company the right to adapt it (in form) and reproduce it on any medium, in particular by presenting it as a commercial reference and/or as an opinion. For example, the Company may take screenshots of publications on social networks concerning it or the Product delivered to the Client, and reproduce them on the Site as an opinion.
The Customer acknowledges that he/she is fully entitled to his/her rights and may not claim any remuneration for the use of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client concerned, plus 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorisation to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis.
3. Events. The provisions of the previous paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for customers, etc.) organised or co-organised by the Company. The footage may be recorded and published by the Company, including on social networks. If the Client does not wish to appear in any publication of the images, he/she will be asked to stand at the back of the room, not to take part in group photos and not to make any sign to the photographer/cameraman in whose field he/she may be positioned.
Article 15 CHANGES TO THE GENERAL CONDITIONS
The Seller reserves the right to modify the terms, conditions and mentions of the GTC at any time and without prior notice in order to adapt them to changes in the Site or in its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in the event of distance selling by any means of communication on a durable medium.
Modifications to the General Terms and Conditions of Sale made by the Vendor shall not apply to Orders already placed, with the exception of clauses relating to the technical development of the Site, as long as this does not result in a price increase or a change in the quality or characteristics to which the non-professional or consumer Customer has made his or her commitment subject.
Article 16 LIABILITY
1. Liability of Users and Clients
The User or Customer is solely responsible for the interpretations they make of the information provided in respect of the content of the Products, for the advice they deduce or which has been provided to them and for the adaptations made for their own activities. Use of the information is made under the sole responsibility of the Customer and at the Customer's own risk, which the Customer expressly accepts.
Where the Product is delivered with an instruction manual or any other user guide, including by reference to a URL link, the Customer undertakes to read it and to use the Product in accordance with the recommendations provided.
In exchange areas, the Customer assumes, as publisher, responsibility for communicating information to the public and editorial responsibility for all its communication, both physical and online, including but not limited to its site(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.
Limitation of liability towards Professional Customers
Whatever the type of Product ordered by the Professional Customer, the Vendor's liability is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances shall the Vendor be held liable for indirect damage such as loss of data or file(s), operating loss, commercial loss, loss of earnings or damage to the Professional Customer's image or reputation.
Similarly, the Vendor may not be held liable for any direct or indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the specified conditions, or from the appearance of a bug or incompatibility.
IN ANY EVENT, THE SELLER'S LIABILITY TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER, EXCLUSIVE OF TAX, IN EXCHANGE FOR THE SUPPLY OF THE PRODUCT IN RESPECT OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM THAT THE COMPANY MAY BE REQUIRED TO PAY BY WAY OF COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, IRRESPECTIVE OF THE HEADS OF DAMAGE ALLEGED AND THE LEGAL GROUNDS USED, UNLESS THE LAW OR CASE LAW PRECLUDES THIS.
Article 17 GUARANTEES
1. Terms and conditions. You are reminded that the legal warranties of conformity and against hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and presuppose normal use of the Products in accordance with current practice. These guarantees apply independently of any commercial guarantee.
2. Conformity guarantee. The guarantee of conformity is a legal guarantee which applies outside any commercial commitment to contracts for the sale of tangible movable goods and to contracts for the sale of goods containing digital elements, when these elements are supplied with these goods as part of the sales contract. In the event of a lack of conformity, the consumer has a period of two years from delivery of the Product to request that the Product be brought into conformity by repair or replacement or, failing this, that the price be reduced or the contract rescinded.
However, the seller may not proceed in accordance with the consumer's choice if the compliance requested is impossible or would entail disproportionate costs, particularly in view of the value the Product would have had if there were no defect, the significance of the defect and any possibility of opting for the other choice without major inconvenience for the consumer.
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller is liable for any lack of conformity of the digital content or digital service that becomes apparent within two years of delivery of the goods.
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity in the digital content or digital service that becomes apparent during the period in which it is supplied under the contract.
This warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
3. Guarantee against hidden defects. The guarantee against hidden defects is a legal guarantee that applies outside any commercial commitment. The Customer may also decide to make use of the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, within two years of the discovery of the defect and no later than 5 years after the purchase of the Product, the Customer may request the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. In all cases, the Product in question may be analysed directly by the manufacturer, whether the Seller or a third party.
Article 18 GENERAL
The GTCS and all purchase and sale transactions referred to therein are governed by French law. The GCS and the Site are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
In the event that a clause of the GCS is found to be null and void, inapplicable, unenforceable or of no effect, this will not render the GCS null and void and the validity of the other provisions will not be affected.
The Customer accepts that the Company may transfer this contract to its affiliated companies or to an acquirer without its prior agreement, insofar as this transfer is not likely to result in a reduction in the rights of the Consumer Customer.
Article 19 DISPUTES
Amicable resolution. In the event of a dispute, the Customer shall first contact the seller to try to find an amicable solution.
Mediation.
In the event of difficulty in the performance of the Contract, the consumer Customer residing in Europe may, before taking any legal action, seek recourse to a consumer mediator identifiable on the https://www.economie.gouv.fr/mediation-conso website.
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may refer the matter to the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
3.Disputes between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE ORDER, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS BY WAY OF SUMMARY PROCEEDINGS OR APPLICATION.