Terms of Sale
The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of sale.
The customer declares that the purchases of said products is not in direct connection with his professional activity, such purchases being reserved for his personal use only.
1 - Purpose
The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop and the Art Gallery by Les Créations Brycesart.
2 - Intellectual property
Les Créations Brycesart owns the intellectual property right upon the Site with the paintings exhibited in the Art Gallery and the artworks for sale in the catalog of the e-shop.
Econsequently, total or partial reproduction of the elements contained in the Site, in the Art Gallery and in the catalog of the e-shop, on any medium whatoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.
3 - Items
Les Créations Brycesart making a range of artworks in limited edition, the stock is limited and the products are not often available immediately.
It is notified in the e-shop that the items printed on silk are only ordered on demand and as a result, require a longer time delivery.
4 - Order taking
Any order form signed by the customer by an “approval click” shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section “Right of withdrawal” and Section “Fulfilment of the order”.Between the parties this electronic signature has the same legal value as a handwritten signature.
5 - Confirmation of the order
The contract shall only be effective upon Les Créations Brycesart's confirmation of the order.
The customer will receive an acknowledgement of receipt by e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs…).
Les Créations Brycesart reserves its rights not to confirm the order for any reason whatoever, in particular for any problem of products procurement or any problem concerning the received order. The customer undertakes to communicate the right address in the order form. In case of
mistake in the order form, Les Créations Brycesart is not responsible for nondelivery of the ordered products.
6 - Fulfilment of the order
The order will be fulfilled within the period indicated on the e-shop and confirmed by
Les Créations Brycesart at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.
If the product ordered is not available or is out of stock, Les Créations Brycesart undertakes to inform the customer as soon as possible and to indicate a replenishment time.
For each item printed on silk, for each item custom-made, for each item ordered by e-mail : alademandecreationsbrycessart.com, which require unspecified delivery time, the customer will send an e-mail of his acceptance.
7 - Price - Invoice
Prices are indicated in Euros.
The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is solely responsible for the formalities related thereto unless otherwise specified.
The invoice will be issued by Les Création Brycesart.
8 - Payment
The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products ans shipping costs) as stipulated on the e-shop and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of the products in the country of delivery.
The customer shall pay for his order :
- By credit card as proposed on the e-shop
When approving the order form, the customer warrants Les Créations Brycesart that he has all authority needed to use such a method of payment by credit card.
- By cheque payable to Les Création brycesart.
Failing receipt of the cheque ten (10) days from the confirmation of the order by Les Créations Brycesart or in case of rejection by the bank, Les Créations Brycesart is entitled to cancel the order.
9 - Delivery
Products are delivered to the address indicated by the customer in the order form.
Delivery shall be deemed to have been made when the products are delivered to the carrier. The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute an evidence with the regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the product on delivery thereof.
In the events of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Therefore, Les Créations Brycesart advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel. If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to Les Créations Brycesart.
10 - Force majeure
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France,
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legalor governmental restriction, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeur occurs the fulfilment of the order will a first step be suspended. If after three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by the customer.
11 - In the event of the customer's absence
In the event of the customer's absence at the rime of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. If after a period indicated by the carrier, the customer has not collected the products, the postage costs remaining payable by the customer.
12 - Claims
Claims related to the non conformity of the delivered products with the order shall be made in writing directly to Les Créations Brycesart.and immediately upon receipt of said products. The customer must keep the packaging and the delivery note.
In case of an error, the customers undertakes to return said products within seven (7) days from its receipt provided that the product is returned to Les Créations Brycesart, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once Les Créations Brycesart has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.
13 - Right of withdrawal
The customer shall have ap period of seven (7) working days as from the delivery to return any product which do not suit him, at his expenses, for exchange or refund, pursuant to Section L 121-16 of the French Consumption Code.
If this period expires on saturday, on sunday or on holiday, It will be extended to the next working day. The product must be returned in its original condition and packaging. It shall neither have been used, nor have suffered any damage and shall be in a perfectly clean condition.
The customer will be refunded for the sums paid within a maximum of thirty (30) days as from the receipt of the product. For this purpose, the customer will inform Les Créations Brycesart of his bank account number.
14 - Warrantly
On condition that the customer gives the proof of hidden defect and subject to compliance with the recommendations set forth in the user documentation enclosed with the product, the customer shall be entitled for all defective products.
In any case the statutory warranty against hidden defect provided for under the French Civil code (section 1641) shall be enforceable.
To implement the warranty, the customer shall return the product at its expenses, to Les Créations Brycesart, with the original invoice.
Les Créations Brycesart undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed. In the latter case, Les Créations Brycesart will refund the customer.
15 - Litigation
This agreement is governed by the French Law, for both the substantive and procedural rules. If no amicable settlements were reached, the competent jurisdiction will be the courts of the registered office of Les Créations Brycesart.
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