GENERAL TERMS AND CONDITIONS OF SALE
These stipulations define the general terms and conditions of distance selling of works on the website: www.mllelouise-lesenfantsterribles.com , hereinafter referred to as Mademoiselle Louise & les enfants terribles. These terms and conditions are freely accessible to the buyer before any order confirmation.
PREAMBLE
Seller: Mademoiselle Louise & les enfants terribles (visual artist). The seller offers original mixed-media artworks, available from a catalog or custom-made. Mademoiselle Louise & les enfants terrible is the artistic signature of Mannaïg Ermoy Valton.
Address: 77 rue de Quéhello, 56260, Larmor-Plage, France.
SIRET number: 515 047 090 00029.
MDA number: E348085
Mademoiselle Louise & les enfants terribles benefits from the VAT exemption scheme; the prices mentioned on the invoice are exclusive of tax. The following statement appears on the invoice: "VAT not applicable - article 293 B of the French General Tax Code"
Mademoiselle Louise & the Terrible Children is available for any inquiries:
The Parties agree that their relationship will be governed exclusively by this contract.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on the Website. The applicable Terms and Conditions will be those available and published on the date the order is validated by the buyer.
The Parties agree that the photos of the goods for sale on the website mllelouise-lesenfantsterribles.com have no contractual value.
ARTICLE 1: DEFINITIONS
The terms listed below are the definitions to which reference must be made when they are preceded by a capital letter, for proper execution of these Terms and Conditions.
1. Item: the Good(s) or Service(s) that are the subject of the Order;
2. Item: any work offered for sale on the Site;
3. Order: a request for Goods or Services made by the Customer to the Artist/Seller;
4. General Terms and Conditions of Sale: these General Terms and Conditions of Sale;
5. Contract: this document, including its preamble and appendices, as well as any amendment, substitution, extension, or renewal thereof made pursuant to the agreement of the Parties;
6. Delivery Time: the period between the Order Validation Date and the date of Delivery of the Order to the Customer;
7. Delivery Costs: the cost incurred by the Seller to deliver the Order to the Delivery Address indicated by the Customer;
8. Delivery: shipment of the Item to the Customer;
9. Delivery Method: any standard or express delivery method available on the Site at the time of the Order;
10. Price: the unit value of a Good or Service; This value is understood to be inclusive of all taxes and exclusive of Delivery Charges;
11. Total Price: the total amount of the combined Prices of the Goods and Services that are the subject of the Order; this amount is understood to be inclusive of all taxes;
12. All-Inclusive Price: the Total Price plus the price of the Delivery Charges; this amount is understood to be inclusive of all taxes;
13. Service: any service offered for sale on the Site;
14. Site: the Online Sales website www.mllelouise-lesenfantsterribles.com used by the Seller for the marketing of its Goods/Services;
15. Order Validation: has the meaning given to it in Article 5;
16. Online Sale: marketing of the Seller's Goods and Services via the Site;
ARTICLE 2: PURPOSE
The purpose of this contract is to define the rights and obligations of the Parties in the context of the online sale of works by the seller to the customer.
ARTICLE 3: SCOPE OF APPLICATION
These General Terms and Conditions are reserved for consumers, as defined by law and jurisprudence, who act exclusively on their own behalf and are domiciled in France, the European Union or a third country.
In accordance with Articles L. 111-1 and L.111-3 of the Consumer Code, the essential characteristics of the Goods and Services offered electronically are available on the Site.
These General Terms and Conditions apply to all sales of Goods and Services by the Seller made through the Site.
ARTICLE 4: ENTRY, FORCE AND DURATION
The Contract comes into effect on the Order Validation date as defined in Article 5.
The Contract is concluded for the duration necessary for the provision of the Goods and Services, until the expiry of the warranties and obligations owed by the Seller
ARTICLE 5: ORDERING AND STEPS TO CONCLUDE THE ONLINE SALE
The Customer must complete the following steps in order to place the Order:
1. Enter the Site address;
2. Follow the Site's instructions, particularly those for creating a customer account;
3. Complete the order form. If the connection is inactive for an extended period, the availability of the Goods and Services selected by the Customer before this inactivity may no longer be guaranteed. The Customer will then be asked to restart their selection of Goods and Services from the beginning;
4. Review the Order details and, if necessary, identify and correct any errors;
5. Confirm the Order, the Total Price, and the All-Inclusive Price (the "Order Confirmation");
6. Follow the online payment server's instructions to pay the All-Inclusive Price.
The Customer then receives electronic confirmation of acceptance of payment for the Order without delay.
The Customer also receives electronically and without delay an acknowledgement of receipt which serves as confirmation of the Order (the “Order Confirmation”).
The Customer receives electronic confirmation of the Order shipment.
Delivery will take place at the delivery address indicated by the Customer when placing the Order.
During the execution of the various stages of the Order mentioned above, the Client undertakes to comply with these contractual conditions by application of article 1316-1 of the Civil Code.
The Seller undertakes to fulfill the Order only to the extent that the Goods are in stock. If the Goods are unavailable, the Seller undertakes to inform the Customer.
However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
Upon registration of the Order and validation of the Payment, the Seller undertakes to send an acknowledgement of receipt by email summarizing the Order, Delivery Address and All Inclusive Price.
ARTICLE 6 — PRICE OF GOODS AND SERVICES AND CONDITIONS OF VALIDITY
Prices are listed in "euros".
The prices of Goods and Services sold on the Site are indicated respectively by Item and reference.
At the time of Order Confirmation, the price to be paid is understood to be the All Inclusive Price.
The validity period of offers and prices is determined by the Site update.
Telecommunication costs related to accessing the Site are the sole responsibility of the Client.
ARTICLE 7 — PAYMENT TERMS
The customer's payment of the All Inclusive Price is made exclusively by bank transfer or Paypal.
The transaction is immediately debited by Paypal from the customer after verification of the customer's data, and following receipt of authorization from the issuing company of the bank card used by the customer.
The commitment to pay given by means of Paypal, in accordance with article L. 132-2 of the Monetary and Financial Code.
In the event that payment of the All-Inclusive Price is impossible, the Online Sale shall be immediately terminated by operation of law and the order cancelled.
ARTICLE 8 — ORDER DELIVERY
1. Delivery Method: The Customer chooses one of the Delivery Methods offered on the Website when placing the Order.
2. Delivery Address: The Customer must choose a Delivery Address located within the Territory, otherwise the Order will be refused. The Customer is solely responsible for any delivery failure due to incomplete or incorrect information provided during the Ordering process.
3. Delivery Costs: The Delivery Costs depend on the weight of the Order and the delivery zone chosen by the Customer. In any case, the Delivery Costs are indicated to the Customer before Order Confirmation.
4. Delivery Times: Delivery Times are available on the Website and may vary depending on the availability of the Goods ordered.
Delivery times are given in working days and correspond to the average preparation and delivery times of the Order within the Territory.
Delivery times begin from the date of Order Confirmation by the Seller.
The delivery time after dispatch is 3 to 5 working days in France; for other destinations, the delivery time is 4 to 10 days.
5. Delivery Delay: In case of a delivery delay, the order is not cancelled.
The Seller informs the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send the Seller a notice of cancellation by [method of email address] (either by email to the following address or by registered letter with acknowledgment of receipt).
In the event that the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, the Delivery is blocked and the Customer is refunded any sums debited within fifteen 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 delivery of the package. The Seller will then refund the amounts charged and the return shipping costs incurred by the Customer within fifteen days of receiving the returned package, provided it is complete and in its original condition.
6. Delivery Tracking: The Customer can track the progress of the Order processing in the space reserved for this purpose on the Site.
7. Order verification upon arrival: The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is the Customer's responsibility to raise any reservations and complaints they deem necessary, or even to refuse the package, if it is visibly damaged upon delivery. These reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three business days, excluding public holidays, following the date of delivery. The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period extinguishes any right of action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery Note, the Customer must inform the Seller by email and return the Goods to the address indicated in the conditions of Article 8.
ARTICLE 9 — RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal which may be exercised within 15 calendar days following the date of receipt or collection of the Order. Delivery costs are refunded by the Seller.
If this deadline expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
To exercise their right of withdrawal, the customer must return the items within the aforementioned period, in their original packaging, complete and new.
The Customer cannot exercise this right to make a claim for [custom orders]
ARTICLE 10 — CLAIMS
The Client may send any complaints to Miss Louise's email address or by post.
The Customer must provide the details necessary to identify the Order (reference and date).
ARTICLE 11 — GUARANTEE
The Seller is subject to the legal guarantee conditions provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code.
ARTICLE 12 — PROPERTY RIGHTS OF WORKS
All elements of the website "www.mllelouise-lesenfantsterribles.com" , including all texts, literary, graphic, photographic, and other works presented on the site, are protected by copyright and intellectual property rights. Unless prior formal written authorization is obtained, reproduction and any use of these works, other than individual and private viewing, are prohibited.
An artist retains all reproduction rights to their works.
Any reproduction, representation, use or modification, by any means whatsoever and on any medium whatsoever, of all or part of a creation, without having obtained the prior authorization of Mlle Louise & les enfants Terribles is strictly prohibited and constitutes an infringement.
ARTICLE 13 — DATA CONFIDENTIALITY
For the proper processing of the Order, information is requested from the Customer.
In accordance with French law no. 78-17 of 6 July 1978 concerning information technology, data files and civil liberties, the Buyer has the right to access, modify, rectify or delete their personal information from the Site's database. To do so, the Buyer must send an email to louise@mllelouise-lesenfantsterribles@gmail.com.
ARTICLE 14 — FORCE MAJEURE
The Seller's performance of its obligations will be suspended in the event of a force majeure event that hinders or delays its performance.
The Seller will then be obliged to inform the Customer of the occurrence of such a case of force majeure within 7 days from the date of occurrence of such an event.
If the suspension of the Seller's obligation exceeds 7 days following the date the Buyer was informed of the force majeure event, the Customer may cancel the current Order. The Seller will then refund the order in accordance with the terms of Article 7.
ARTICLE 15 — APPLICABLE LAW
This Agreement shall be governed by French law.
ARTICLE 16 — JURISDICTION
Any dispute arising from the formation, interpretation or execution of this Contract shall be subject to the exclusive jurisdiction of the courts of the location of the buyer.
How to order a custom-made creation?