These General Conditions (hereinafter the "GTC") define the rights and obligations of the parties in connection with the online sale of products offered in this electronic catalog to Customers. They expose in particular the conditions and the modalities according to which the Artist painter Alain Mimouni registered at the House of Artists sells his works on line.
Any order of products carried out on the site "www.alainmimouni.com" implies the consultation and consequently the acceptance of the present general conditions of distance selling.
The offer is valid within the limits of available stock.
ARTICLE 1 - APPLICATION OF THE CG AND OBJECT OF THE SITE
1.1. Application and Modification of the GTC
The Artist reserves the right to modify the CG at any time by publishing a new version of the latter on the Site.
The GTCs applicable to the use of the Site are those in force on the date of use.
The GTC applicable to a Work Order are those in force on the date of the Order of the work.
These GTC are applicable to all Users of the Site, regardless of their country of origin and visit.
The GTC are applicable from the date of acceptance.
In case of translation into another language, the French version will prevail.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in these GTC, as well as the legal notice of this Site.
1.2. Purpose of the Site
This Site allows the visibility of the works of the Artist and acquire them online.
1.3. Acceptance of the GC
The online purchase on this line assumes the unreserved acceptance by the Buyer of all these GTC, which acknowledges the same fact having fully understood.
This acceptance will be expressed by ticking the box corresponding to the acceptance sentence of these GTC when registering or using the Site, for example with the mention "I acknowledge having read and accepted all of the terms and conditions of the Agreement. Website.
Checking this box will be deemed to have the same value as a handwritten signature on the part of the Buyer.
1.4. Legal capacity
Acceptance of these GCs assumes that the Purchasers have the necessary legal capacity for this. If the Purchaser is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
If the acceptance of the GTC is made in the name of a company or other legal entity, the Buyer declares and guarantees to have the right to engage the said company or other legal person in these GTC. In this case, the term "Buyer" will refer to the corporation or corporation.
1.5. Respect of the legislation
The Website www.alainmimouni.com complies with French regulations. As a result, Alain Mimouni can not be held liable if a buyer located outside France consults the Site or uses the Services, in case of non-compliance with applicable foreign regulations.
In particular, buyers should be aware of local and national laws to ensure that they comply with them by using the Site and the Services.
1.6. Intellectual property of the site
All elements of the site "www.alainmimouni.com", all texts, all literary, graphic, phonographic, photographic, scenographic, and works (texts, images, drawings, models ...) presented on the site are the property of the Artist Alain Mimouni. These elements are protected by copyright and intellectual property, and are protected worldwide.
Unless express written permission, reproduction and any use of the works are prohibited.
These GTC do not grant any intellectual property rights to the purchaser, who can not reproduce any element of the Site, partially or totally.
Any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of a creation, without having obtained the prior authorization of Alain Mimouni is strictly prohibited and constitutes an offense of infringement.
The artist reserves the right to take any action that would be necessary to assert his rights and to repair his prejudice.
ARTICLE 2 - WORKS
2.1. Works of art
The works offered for sale on the Site are works of art within the meaning of Article 98A of Annex III of the CGI (including, without limitation, paintings, sculptures, photographs, etc. ci - after named the "works" ...) and are registered INPI and US copyright office.
The works are said to be original in the sense of the droit de suite.
Each Work offered for sale is described on its form on the Site.
2.2. Intellectual property of products
Brands and products are protected by the copyright of Alain Mimouni. All rights regarding all products sold on the site or by other distribution channels, are exclusively reserved for Alain Mimouni. Copyright in France is governed by the law of March 11, 1957 and the law of July 3, 1985, codified in the code of intellectual property.
In short, all intellectual property rights attached to the product remain unreservedly the full ownership of Alain Mimouni.
Any reproduction, representation, use or modification, by any process whatsoever, of all or part of a creation, without having obtained the prior authorization of Alain Mimouni is strictly prohibited and constitutes a crime of counterfeiting.
2.3. Compliance and warranty on the work
The Artist guarantees the quality and the conformity of the Works that he puts online on the Site to the description and images that he provides in the Worksheet on the Site.
Characteristics and images representing the Works are provided by the Artist.
As such, the Artist agrees to:
Upload only Works which he guarantees to be the author or on which he has all the necessary intellectual property rights;
Put online only Works which it guarantees to have the free disposal (without contract of sale or exclusivity in favor of a third party) and that it can yield freely;
Not to make false or uncertain allegations, likely to mislead the Purchasers regarding the Works posted on line;
Keep personal data of the Purchasers secret and to use it only in the strict necessity of the Service, to the exclusion of any other use.
The Artist agrees, in case of valid implementation of a request / or dispute of the Buyer as part of his right of withdrawal and the legal guarantee of non-compliance / hidden defect, to make every effort to satisfy the request of the Buyer in accordance with the legal provisions and to make, if necessary, any refund of the sums due to the Purchaser author of the request.
ARTICLE 3 - ORDERING A WORK ON THE SITE
3.1. Order Process by the Buyer
The stages of the Ordering of a Work on the Site by the Buyer are as follows:
Choice of the Work that the Buyer wishes to order,
Carton, which displays a summary of the Order,
Validation of the basket by clicking on the validation button,
Provision of Buyer's identification and billing information,
Choice of the billing method of the Order,
Visualization of the summary of the Order before final validation,
Acceptance of the GC,
Validation of the Order and payment,
Sending an order confirmation email by Alain Mimouni,
Transmission of the Order to the Artist,
The coordinates and information of the Buyer, must be up to date and real. The responsibility of Alain Mimouni can not be engaged by the Buyer or the Artist in case of error on the part of the Buyer.
3.2. Conclusion of the contract
Any purchase order signed by the Client by the "validation click" constitutes an irrevocable acceptance of the customer. The invoice acting as a guarantee certificate has a descending hierarchical legal value. The "validation click" of the order constitutes an electronic signature that gives value, between the parties, of handwritten signature.
The conclusion of the contract comes only at the time of the confirmation of the order sent by email by our site.
3.3 Order Confirmation
The order confirmation is made by the discretionary decision of the Artist.
This confirmation by email means the acceptance of the order and the method of payment by the site "www.alainmimouni.com".
The order confirmation sent by email will contain all the elements of the contract.
3.4. Refusal of the Order
In accordance with Article L 121-11 of the Consumer Code, the Artist reserves the right to refuse any Order to a consumer
· For legitimate reasons, in particular in the case of payment problems, problems resulting from the provision of incomplete and / or imprecise information by the Buyer, the amount of abnormally high Orders or Bad Faith Orders.
· For any other discretionary reasons of the Artist
Similarly, Alain Mimouni reserves the right not to confirm an order for any reason whatsoever, including in particular to a problem of supply of products or manufacturing, or to a problem concerning the order received, or otherwise.
3.5. Error in the Order
The artist can not in any way be responsible for errors of seizure, of any kind, by the Buyer during the Order, or their possible consequences.
The Artist will be under no obligation to accept a cancellation or modification without charge of the Order in case of error.
3.6. Duration of the offer
The site "www.alainmimouni.com" markets products of artistic manufacture. The offers contained in the site remain valid as long as the products are offered online. However, the manufacturing is artistic for each product, it can not be granted any compensation for a product exhausted at the time of the order and therefore not deliverable.
The site will archive the Orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of the article L221-1 of the Code of the Consumption. The computerized registers will be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.
ARTICLE 4 - DELIVERY
4.1. Terms of delivery
The Artist undertakes to deliver the works subject to the validation of the Order and the issue of the corresponding payment by the Buyer. It is this regulation that triggers the execution of the order.
Turnaround times are case by case, depending on whether your order concerns a drawing or painting and the size of the work. These deadlines will take into account the actual preparation and execution.
Delivery is made to the address indicated by the Buyer. The data communicated by the Buyer are under his own responsibility, concerning the place of delivery of the Order.
Works are delivered according to the indications and address provided by the Buyer at the time of the Order. The delivery address may be different from that mentioned for billing.
On the basis of this information, the Artist undertakes to carry out the expedition of the work as soon as the article is available.
The risks are the responsibility of the buyer from the moment the products leave our workshop. Can not be held responsible for late delivery, damage occurred en route, in case of damage or loss during transport protest must be made by registered letter with acknowledgment of receipt from the carrier within three days following the delivery.
At the delivery, the customer will have to check the contents, the conformity and the state of the product (s) before signing the acknowledgment of receipt of the parcel. If he finds anomalies, he must refuse the delivery of the parcel or issue handwritten reservations, accurate and dated. These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three working days of delivery of the package. A copy will be sent to our company.
In order to allow the Buyer to follow the progress of the delivery of his Order in progress, the Artist may, at the request of the Buyer, transmit the information relating to the delivery of the Order.
The ownership of the Work is transferred to the Buyer by the Artist upon receipt of payment, but the copyright remains his own.
4.2. Delivery problem
In accordance with Article L216-2 of the Consumer Code, if the Buyer has not received the Ordered Work within thirty (30) days of the Order, the Buyer undertakes to inform the Artist by sending an email to firstname.lastname@example.org and to grant reasonable additional time to allow the Artist to execute and send the work. However, as indicated above, delivery delays that are attributable to the transport company are not the responsibility of the Artist.
At the end of this period, when the Artist can not establish having delivered the Order and if the non-delivery is not imputable to the Buyer (including, without limitation, transmission of an incorrect address or absence and non-withdrawal of the Order), the Buyer may
· Wait for product availability,
· Cancel the Order, in writing, by contacting the artist directly by email at email@example.com. The Artist undertakes to refund the Order to the Buyer within thirty (30) days of the claim.
ARTICLE 5 - FINANCIAL TERMS APPLICABLE TO WORK ORDERS
Unless otherwise stated in writing, the prices of the Works appearing on the pages of the Site are prices understood in Euros and are indicated in "net price". VAT is not applicable (VAT not applicable, article 293B of the General Tax Code).
This price is set by the Artist.
The price appearing on the Site on the day of the Order of the Work will be the only one applicable to the Order.
Payment of the full price is due at the time of the order. It is this regulation that triggers the execution of the order.
5.2. Customs and taxes
When the Buyer orders Works on the Site, for a delivery outside Metropolitan France, this Order may be subject to import duties and taxes, collected when the parcel arrives at its destination.
Any additional customs clearance fee is deemed to be borne by the Buyer; the Artist has no control over these costs and can not bear the financial burden.
Customs policies vary greatly from one country to another, so it is up to the Buyer to contact the local customs service for further information regarding any taxes or duties due.
In this respect, the Buyer is deemed to be the official importer of the Works he acquires on the Site and undertakes to comply with all the laws and regulations of the country in which he receives the Works.
ARTICLE 6 - PAYMENT
6.1. Payment method
The payment is made, at the time of the order, by credit card as proposed on the site (or by transfer in case of bespoke sale). To ensure payment security, the site uses Paypal secure payment services. These services incorporate the SSL security standard.
The confidential data (16-digit bank card number, expiry date) are transmitted encrypted (coded) on the servers of banks and are not transmitted on our server. The Artist has access to any data relating to the means of payment of the User except the latest digits of his credit card, or any other means of identification of his method of payment.
The Buyer warrants to the Artist that he holds the credit card or the means of payment used for payment of the Order and that he has sufficient funds to fully cover the payment of his Order. If it is impossible to debit the sums due in payment of the Order, for any reason whatsoever, the Order will be canceled.
In case of payment by credit card as offered on the Site upon the sending of the order form to our company, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the customer and the issuer of card and between our company and its banking institution apply. The Customer guarantees our company that he has the necessary authorizations to use the credit card payment method, during the validation of the order form. The data relating to the credit card are neither owned nor kept by our company during the payment. The validation of the order by means of the credit card number and the expiry date is worthy to pay the price appearing on the invoice (taxes and participation in included delivery charges that the payment server transmits to the credit institution In the event of a dispute concerning part of the invoicing, the amount which is not subject to discussion must be settled at the contractual expiry date, the amount at issue being settled as soon as the dispute is resolved.
6.2. Late payment
Any late payment may result in the billing of late penalties without any prior notice being required. The rate of these penalties is equal to three times the legal interest rate. An amount of forty (40) euros may also be invoiced for recovery costs.
Late interest billing and collection fees do not preclude the Artist, at his discretion, from taking legal action to obtain additional damages.
In the event of a payment incident, the Artist reserves the right to cancel the Order immediately and without notice, without the Buyer being able to claim any compensation.
6.3. Work unavailable
If the Work is unavailable to the Order this will be notified on the site. On request by e-mail the Artist reserves the possibility to carry out the order anyway if he wishes. Failing that, if he can not execute the order, the payment issued on the basis of a Work unavailable, the price issued by the Purchaser will be refunded in full as soon as possible after the confirmation of unavailability of the Work by the Artist.
No compensation can be asked for as such by the Buyer.
ARTICLE 7 - WITHDRAWAL AND LEGAL GUARANTEES
In accordance with Article L.221-18 of the Consumer Code, for any Order for a Work made with an Artist established in the European Economic Area, the Buyer who is a national of the same zone has a deadline fourteen (14) working days from the date of receipt of the Work to retract.
In order to exercise his right of withdrawal the Buyer must send an email to the Artist at the address: firstname.lastname@example.org.
For any purchase made from an Artist who is not a member of the European Economic Area or if the Buyer is not himself a national of this zone this right of withdrawal is not applicable.
The product will be returned at the customer's expense and must be returned in its original condition and packaging. It must not have been used, or have suffered deterioration as minimal as it is, and be in a state of perfect cleanliness.
If the previous obligations are not respected, the Buyer will lose his right of withdrawal and the Work will be returned to him at his expense.
The transfer of risks will be made at the signing of the receipt of the Work by the Artist, after verification of its condition.
In case of depreciation of the Work resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Work, the responsibility of the Purchaser may be engaged.
In case of deterioration of the goods or its packaging, a discount may be applied depending on the damage up to 80% of the purchase price.
In the event that these obligations are respected, the Artist agrees to refund the Order in case of exercise of the right of withdrawal by the Buyer, after return and verification of the goods subject to the condition that they are perfect condition and in their original packaging. For this, the client will communicate his bank details. The reception of the refund by the Artist will transfer again the ownership of the Work to the Artist.
The refund, without penalty and with the exception of the expenses of return, will be carried out by the Artist by any means, in the thirty (30) days following the reception of the Work by the Artist.
7.2. Legal guarantees
The Works marketed by the Artist are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly articles L.211-4 to L211-14 of the Consumer Code (guarantee of non-conformity) or articles 1641 and following of the Civil Code (guarantee of hidden defects).
The Artist is bound to deliver a good according to the indications and answers the defects of conformity existing at the time of the delivery of the Work to the Buyer. In any case, each realization being done in an artistic way, it can not be exchanged or refunded under pretext of a visual non-conformity or dimensions. As regards dimensions, a variation tolerance must be accepted as such. The dimensions announced on the site remain indicative. A variation of a few centimeters can be noticed. Like the colors, the photos are corrected to better reflect the actual colors but they can nevertheless have minor differences in hue with reality. The buyer agrees to accept these differences in tone.
We speak of a lack of conformity when:
The property is unsuitable for the customary use of a similar good;
The good does not correspond to the description given by the Artist;
The property does not have the qualities announced by the Artist or agreed with the Buyer;
Given the peculiarity of the product which is a work of art, the Purchaser acknowledges that the lack of conformity can be based only on objective elements (damaged Work, Work obviously different from his page on the Site, etc ... ) to the exclusion of any subjective appreciation of the qualities of the Work.
However, the Purchaser can not challenge compliance by invoking a defect he knew or could not ignore when he contracted.
In the event of non-compliance of the Works or the application of the hidden defects guarantee, the Buyer must inform the Artist directly by email; email@example.com by attaching the original invoice.
The Buyer may then, at his option, make the request:
Either to be reimbursed the Order price of the Work with restitution of the Work by the Buyer at the expense of the Artist.
Either to exchange the work for an identical product, subject to the referral of the latter at its expense. The new work will then be sent to the customer at the expense of Alain Mimouni.
However, this will only be granted after receipt, verification and acceptance of the Artist.
The Customer has a period of two (2) years from the Order to implement this guarantee.
In order to avoid any inconvenience, the products are checked by our company before their shipment
ARTICLE 8 - LIABILITY
8.1. Dispute Between Artist and Buyer
In case of finding by the Buyer, at the time of receipt, a non-conformity or a deterioration of the Ordered Works, the Buyer undertakes to report it to the Artist in order to allow, if necessary, intervene for the amicable resolution of the claim of the Buyer.
The Artist is however not obliged to find an amicable solution to the dispute and does not engage his contractual and financial responsibility if that proves impossible.
8.2. Responsibility of the Artist
The Artist will also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information on the Site, unless the damage is the result of a deliberate act or a serious negligence of the part of the Artist.
ARTICLE 9 - PERSONAL DATA
www.alainmimouni.com proceeds to the collection and processing of Users' personal data.
The User is fully informed that the personal data that he submits directly or indirectly to Alain Mimouni will be subject to automated processing.
The Artist has made a declaration to the CNIL, in accordance with its obligations under Law 78-17 Informatique et Libertés, of January 6, 1978.
Personal data collected is stored within the European Union by a provider who applies industry standards for computer security.
9.1. Personal data collected to SEE
The personal data collected are those that are necessary for the proper management of Orders and Services within the Site: identity, contact details (address and contact), means of payment. ADD TIPS OR REMOVE IF NEED
The personal data collected may be the following:
Contact information and information of the User (name of the company, name of the User, email address, telephone number, age / date of birth, address),
User login information (IP address, browser type ...),
User billing information (contact information, last four digits and type of payment method),
Detail of visits to the Site, including cookies, which includes for example: amount of data received, place of connection, page views,
Information exchanged on the Site.
9.2. Use of personal data
This data can be used to:
to inform the buyers of the commercial offers and future events of Alain Mimouni,
to allow payment and management of Orders,
to verify the identity of the Users,
to allow the buyer's follow-up in the event of an incident,
to get a return on the Service provided,
to improve the service provided,
The data may be provided to the payment provider for the sole purpose of payment of the Order.
The personal data collected will not be resold, nor provided to a third party, in the absence of explicit prior authorization of the User.
Session cookies and activity tracking can also be deposited during the visit of the Site to improve the user experience, to establish statistics of attendance, to implement security measures, to adapt the Site at the access terminal. The User has the option to refuse the installation of cookies during the first visit of the Site.
ARTICLE 10 - GENERAL
10.1. Entire agreement
These GC prevail over any other provision potentially applicable to the relationship between the Artist Alain Mimouni and the Buyer. These Terms and Conditions supersede and replace any prior commitment by the Parties to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.
10.2. Survival of certain stipulations
The end of these GC, for any reason whatsoever, can not be a term for clauses whose nature or content requires their maintenance.
10.3. Partial invalidity
If one or more provisions of these GTC are held invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, they shall be deemed unwritten. other stipulations will retain all their force and their range.
The Parties agree that all electronic communications, including e-mail, shall be shown between them.
The buyer acknowledges in particular the value of proof of the automatic recording systems of the Artist and, except for him to provide evidence to the contrary, he waives the challenge in case of litigation.
10.5. Force Majeure
In the context of the execution of these GTC, Alain Mimouni will not be held responsible for any failure to perform his obligations due to any Force Majeure event.
For the purposes of these GTC, Force Majeure means any unforeseeable event, irresistible and external to the Parties within the meaning of French law and jurisprudence.
In the event of a case of Force Majeure, this will have the effect of suspending the performance of the obligations of the Artist, who will do his best to limit the consequences and resume the performance of the GC upon the disappearance or cessation of the event or circumstances of force majeure.
10.6. Applicable law and competent jurisdiction
The law applicable herein is French law, regardless of the country of origin of the Buyer.
Any dispute relating to the execution or interpretation of these GTC, not resolved amicably between the Parties, will be submitted to the competent court within the jurisdiction of the Court of Appeal of Paris, including in matters of interim relief, a warranty claim or a plurality of defendants, and regardless of the country of origin of the User