GENERAL CONDITIONS OF SALE – INTERNET
In force on 22/12/2002
BlachGallery, a simplified joint stock company whose head office is located at 1a allée Françoise Buffeton, 69570 Dardilly
Siret : 51830991900034
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reserve, to all sales concluded by the Seller with non-professional buyers (“the Customer”), wishing to acquire the products offered for sale (“the Products”) by the Seller on the website www.blachgallery.com, with the exception of products purchased in shops or on third-party websites. The Products offered for sale on the site are as follows: Works of art, paintings, sculptures, photographs, reproductions…. and any other article marketed on www.blachgallery.com.
The Products presented on the site www.blachgallery.com are offered for sale in the following territories:
World, solar system, milky way.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.blachgallery.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the www.blachgallery.com website and shall prevail over any other document.
Blach Gallery reserves the right to modify these GTC at any time by publishing a new version on the website www.blachgallery.com.
The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the www.blachgallery.com website.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows
Share capital of 1000 euros
Registered with the RCS of Lyon, under the number 79823234226
1A allée Francoise Buffeton 69570 Dardilly
mail : email@example.com
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Products are supplied at the prices in force on the site www.blachgallery.com, at the time the order is registered by the Seller.
The prices take into account any discounts that may be granted by the Seller on the website www.blachgallery.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Client’s responsibility to select the Products he/she wishes to order via the www.blachgallery.com website, in accordance with the following procedure:
Orders are placed in € (Euros). Before placing their first Order, the Buyer is advised to create an account on the Site. This account shall be accessible to the Buyer at any time by means of his/her identifiers (e-mail address and password).
When placing an Order, the Buyer agrees to provide the information requested (by opening a Customer account for the first Order and/or by filling in an Order form for each Order) and undertakes to ensure that this information is correct.
Any Purchaser who is validly registered on the Web Site shall be bound by any Order that has been definitively validated and that requires the entry of his/her e-mail address and personal password, subject to the right of withdrawal defined herein.
In the event of prolonged inactivity when logging in, it is possible that the selection of Products chosen prior to this inactivity will no longer be guaranteed. The Buyer will be invited to resume his selection of Products from the beginning.
In application of the provisions of the new Article 1127-1 of the Civil Code, the Buyer shall have the possibility, before definitively validating his/her Order, to return to the previous pages and to correct and modify his/her Order and the information previously provided before confirming it to express his/her acceptance. The Blach Gallery reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
The Seller shall not be held responsible for any data entry errors made by the Buyer, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible reshipment shall be borne by the Buyer.
La Blach gallery may accept orders within the limits of available stocks. It shall inform the Customer of the availability of the Products sold on the Site at the time of confirmation of the order. If, despite the vigilance of Blach gallery, the products are unavailable, we shall inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if necessary, the amounts already paid.
The definitive or temporary unavailability shall in no way engage the responsibility of Blach gallery, nor shall it open any right to compensation or damages in favour of the Customer.
The sale will only be considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the www.blachgallery.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the site.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
payment by credit card, bank transfer, PayPal… to the Seller’s bank account (whose details are communicated to the Customer when the order is placed).
The price is payable in full by the Customer on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.blachgallery.com website.
Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
The Products ordered by the Customer shall be delivered in metropolitan France or in the following zone(s):
Deliveries are made within 3 to 21 days (depending on the country) to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication.
If the Products ordered have not been delivered within a period of 2 months after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
In the event of a specific request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 15 days from the date of delivery to make complaints by email, accompanied by all the relevant documents (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Seller’s Products will only take place once the price has been paid in full by the Seller, regardless of the delivery date of the Products.
ARTICLE 7 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code, “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear costs other than those provided for in articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces, the delivery of which is staggered over a defined period, the period shall run from the receipt of the last good or lot or piece.
For contracts providing for regular delivery of goods over a defined period of time, the period shall begin upon receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be marketed again in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The cost of returning the Products will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from: the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use. Provisions relating to legal guarantees :
Article L217-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. ”
Article L217-5 of the Consumer Code: “The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer may legitimately expect in view of the 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 is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter. ”
Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”
Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use 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 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. ”
Article L217-16 of the Consumer Code: “When the buyer asks the seller, during the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the date the goods in question are made available for repair, if this is after the request for service.
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter) to the address indicated in article 1 hereof, of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller will reimburse, replace or repair the Products or parts under warranty that are deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 15 days of the Seller’s finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller shall not be held liable in the following cases
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.
The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 – Force majeure
The Seller’s performance of its obligations under these GCS shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.
The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within ten days of the date of the occurrence of the event.
If the suspension of the performance of the Seller’s obligations continues for a period of more than 30 days, the Customer may cancel the order in progress and the Seller shall then refund the order.
ARTICLE 10- Information Technology and Civil Liberties
In application of the law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the site www.mathildecabanas.com has been declared to the CNIL, number 2075378 v 0.
In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
This right may be exercised in accordance with the procedures described in the “legal notice” section of the www.mathildecabanas.com website.
ARTICLE 11 – Intellectual property
The content of the site www.blachgallery.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
The BlachGallery brand as well as all the figurative or non-figurative brands and more generally all the other brands, illustrations, images and logos appearing on the products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of their holder.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.
ARTICLE 12 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 13 – Disputes
For any complaint, please contact the customer service department at the Seller’s postal or e-mail address indicated in article 1 of these GTC.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.