General Terms and Conditions of Sale

In effect as of 10/14/2024

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "the Customer") wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://artisteposeid.com. The Products offered for sale on the site are as follows:

Wall Art: Acrylic painting and upcycled plastic on canvas.

Eco-Jewelry: Jewelry made from plastic bottles and bio-resin.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://artisteposeid.com, of which the Customer is required to take note before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified at the time of order placement.

These GTC are accessible at any time on the website https://artisteposeid.com and will prevail over any other document.

The Customer acknowledges having read these GTC and having accepted them by checking the box provided for this purpose before proceeding with the online order process on the website https://artisteposeid.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact information is as follows:

POSEÏD, EI Code APE : 9003A – Création artistique relevant des arts plastiques – SIREN : 928 649 508 – 152 Rue Châteaubriand 06210 Mandelieu-la Napoule

Email : contact@artisteposeid.com

Phone : +33677971734

The Products presented on the website https://artisteposeid.com are offered for sale to the following territories: European Union, United Kingdom, United States, Canada, Latin America, Asia-Pacific, Middle East, Africa, Overseas Territories, Russia, and CIS countries.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Products concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be applicable. These will be the sole responsibility of the Customer.

 

ARTICLE 2 - Prices

The Products are provided at the prices in effect as listed on the website https://artisteposeid.com at the time the order is registered by the Seller.

Prices are expressed in Euros, excluding tax (HT) and including tax (TTC). The prices take into account any discounts that may be offered by the Seller on the website https://artisteposeid.com.

These prices are firm and non-negotiable during their validity period, but the Seller reserves the right to change the prices at any time outside of this validity period.

Prices do not include processing, shipping, transportation, and delivery fees (unless stated otherwise), which are billed in addition, according to the terms indicated on the site and calculated prior to the order placement.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Customer's responsibility to select the Products they wish to order on the website https://artisteposeid.com according to the following procedures:

1)For canvases: Placing the Order: The customer must directly contact the artist (via email, phone, or contact form) to specify the details of the artwork they wish to acquire or order.

Order Validation: The artist validates the order after discussing the details (dimensions, style, price, etc.). This may include receiving a quote or confirming the terms.

Order Confirmation: Once the order is validated, a confirmation is sent to the customer (via email or another communication method).

Payment: Payment is made via bank transfer. The customer receives the necessary banking information to carry out the transfer corresponding to the agreed price for the canvas.

2)For eco-jewelry:

Placing the Order: The customer selects the desired Product(s) on the online platform.

Order Validation: Once the order is placed, it is validated through the platform, which may send a summary of the order via email or display a summary online.

Order Confirmation: The customer receives a confirmation email containing the order details (products, total amount, delivery time, etc.).

Payment: Payment is made online by credit card or another electronic payment method. The customer is invited to log into a secure area to finalize the transaction.

Product offers are valid as long as they are visible on the site, subject to availability.

The sale will only be considered valid upon full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

The sale will only be considered valid upon full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the website https://artisteposeid.com constitutes the formation of a distance contract 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 regarding the payment of a previous order.

The Customer can track the progress of their order on the website.

ARTICLE 3 Bis - Customer Space - Account

To place an order, the Customer is invited to create an account (personal space).

To do this, they must register by filling out the form that will be presented at the time of ordering and commit to providing truthful and accurate information regarding their civil status and contact details, including their email address.

The Customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account.

To access their personal space and order history, the Customer must identify themselves using their username and password, which will be provided after registration and are strictly personal. The Customer is prohibited from disclosing these details. Otherwise, they will remain solely responsible for any use made of them.

The Customer can also request to unsubscribe by visiting the dedicated page in their personal space or by sending an email to: contact@artisteposeid.com. This will be effective within a reasonable timeframe.

In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://artisteposeid.com reserves the right to suspend or even close a Customer's account after sending a formal notice electronically, which remains ineffective.

Any account deletion, regardless of the reason, results in the complete deletion of all personal information of the Customer.

Any event due to force majeure that results in a malfunction of the site or server, and subject to any interruption or modification due to maintenance, does not engage the Seller's responsibility.

Creating an account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 - Payment Terms

The price is paid via secure payment methods as follows:

  • Payment by credit card
  • Payment by bank transfer to the Seller's bank account (the details of which are provided to the Customer at the time of order placement)

The price is payable in full by the Customer on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider handling the banking transactions made on the website https://artisteposeid.com.

Payments made by the Customer will only be considered final after the Seller has effectively received the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer has not paid the full price in accordance with the conditions stated above.

 

ARTICLE 5 - DELIVERY

The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: European Union, non-EU Europe, overseas territories (DOM-TOM), North America, Asia and Oceania, Africa and the Middle East, South America.

Deliveries occur within the following timeframes: EU: 5 to 10 business days Non-EU Europe: 7 to 15 business days DOM-TOM: 7 to 20 business days North America: 10 to 20 business days Asia and Oceania: 15 to 30 business days Africa and the Middle East: 15 to 30 business days South America: 15 to 30 business days Deliveries will be made to the address provided by the Customer when placing the order on the site.

Delivery consists of transferring physical possession or control of the Product to the Customer. Unless otherwise specified or in the event of unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller commits to making their best efforts to deliver the products ordered by the Customer within the specified timeframes.

If the ordered Products have not been delivered within 10 business days after the indicative delivery date, for reasons other than force majeure or actions by the Customer, the sale may be resolved at the Customer's written request in accordance with articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded within fourteen days following the cancellation of the contract, excluding any compensation or withholding.

Deliveries are carried out by an independent carrier to the address specified by the Customer during the order process, which must be easily accessible to the carrier.

If the Customer has chosen their own carrier, delivery is considered completed as soon as the Products ordered are handed over to the carrier, who accepts them without reservation. The Customer acknowledges that it is the carrier’s responsibility to carry out the delivery and has no recourse against the Seller in case of failure to deliver the transported goods.

In the event of special requests from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Customer.

The Customer is required to verify the condition of the delivered products. They have 48 hours from delivery to file complaints by mail or email, accompanied by all relevant documentation (including photos). After this period, and if these formalities have not been respected, the Products will be deemed compliant and free of any apparent defects, and no claims will be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at their own expense, Products delivered that have defects in conformity or apparent or hidden defects duly proven by the Customer, in accordance with articles L 217-4 and following of the Consumer Code and the provisions outlined in these General Terms and Conditions of Sale.

The transfer of risks of loss and deterioration will only occur when the Customer takes physical possession of the Products. Thus, the Products travel at the Seller's risk unless the Customer has chosen the carrier themselves. In this case, the risks are transferred at the moment the item is handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of withdrawal

According to article L221-18 of the French Consumer Code ”

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.”

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

Return shipping costs will be borne by the customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.

ARTICLE 8 - Seller's liability - Warranties

The products provided by the Seller benefit from:

  • The legal warranty of conformity for defective, damaged, or impaired products, or products that do not correspond to the order.
  • The legal warranty against hidden defects resulting from a defect in materials, design, or manufacturing affecting the delivered products and rendering them unfit for use.

Provisions related to legal warranties: Article L217-4 of the Consumer Code

“The seller is required to deliver goods that conform to the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when it has been provided for in the contract or has been carried out under the seller’s responsibility.”

Article L217-5 of the Consumer Code “A product is in conformity with the contract if:

1° It is suitable for the usual purpose expected of a similar good and, where applicable:

– it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

– it presents the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;

2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, which has been communicated to the seller and accepted by the latter.”

Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is limited to two years from the delivery of the goods.”

Article 1641 of the Civil Code “The seller is liable for the warranty regarding hidden defects in the sold item that render it unfit for the purpose for which it was intended or that diminish its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known about these defects.”

Article 1648, paragraph 1 of the Civil Code “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code “When the buyer requests the seller, during the period of the commercial warranty granted to them upon acquisition or repair of a movable good, to restore the item covered by the warranty, any period of immobilization of at least seven days will be added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the availability of the item for repair, if this availability is subsequent to the request for intervention.”

In order to assert their rights, the Client must inform the Seller in writing (by email or letter) of the non-conformity of the products or the existence of hidden defects from the moment they are discovered.

The Seller will refund, replace, or repair the products or parts under warranty deemed non-conforming or defective.

Shipping costs will be reimbursed based on the billed rate, and return costs will be reimbursed upon presentation of receipts.

Refunds, replacements, or repairs of products deemed non-conforming or defective will be carried out as soon as possible and no later than 30 days following the Seller’s acknowledgment of the conformity defect or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

  • Non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify.

Client de vérifier,

  • In the case of improper use, use for professional purposes, negligence, or lack of maintenance by the Client, as well as in cases of normal wear and tear of the Product, accident, or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the Seller’s liability.

The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming products or those affected by a defect.

ARTICLE 9 - Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller, as well as for their transmission to third parties for the purposes of delivering the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the site https://artisteposeid.com includes the following:

Account Creation

When creating a Client/user account: Last name, first name, postal address, phone number, and email address.

Payment

As part of the payment for the products offered on the site https://artisteposeid.com, it records financial data related to the Client/user's bank account or credit card.

9.2 Recipients of Personal Data

The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.

The category/categories of co-contractors include:

  • Transport service providers
  • Payment service providers

9.3 Data Controller

The data controller is the Seller, as defined by the French Data Protection Act and, from May 25, 2018, by Regulation 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Client gives explicit consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the collected data for a period of 5 years, covering the duration of the statutory limitation for contractual civil liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of Clients' and Users' Rights

According to the regulations applicable to personal data, Clients and users of the site https://artisteposeid.com have the following rights:

  • They can update or delete their data as follows:

Request for deletion of personal data via email.

  • They can delete their account by writing to the email address provided in Article 9.3 "Data Controller."
  • They can exercise their right of access to know the personal data concerning them by writing to the address provided in Article 9.3 "Data Controller."
  • If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address provided in Article 9.3 "Data Controller."
  • They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address provided in Article 9.3 "Data Controller."
  • They can also request the portability of the data held by the Seller to another service provider.
  • Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The Data Controller must respond within a maximum of one month.

In case of refusal to grant the Client's request, the refusal must be justified.

The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Client may be asked to check a box indicating their acceptance to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the site https://artisteposeid.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Here’s the translation of your text into English: Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 11 - Applicable Law - Language

These Terms and Conditions of Sale and the transactions resulting from them are governed by and subject to French law.

These Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 12 - Disputes

For any claims, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these Terms and Conditions of Sale.

The Client is informed that they may, in any case, resort to conventional mediation with existing sector-specific mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

In this case, the designated mediator is Alpes-Maritimes Médiation, 30 avenue du Petit Juas, 06400 Cannes, https://www.alpesmaritimes-mediation.fr/

Email: contact@alpesmaritimes-mediation.fr.

The Client is also informed that they can resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded under these Terms and Conditions of Sale that have not been amicably resolved between the Seller or through mediation will be submitted to the competent courts under common law conditions.

Prepared on https://www.legalplace.fr

ANNEX I

Withdrawal Form

Date ______________________

This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://artisteposeid.com, except for exclusions or limitations on the exercise of the right of withdrawal as per the applicable Terms and Conditions of Sale.

To: EI, POSEÏD

152 Rue Châteaubriand, 06210 Mandelieu-la Napoule

I hereby notify the withdrawal from the contract concerning the item below:

Order date (please indicate the date):

Order number:…………………………………………………..

Client's name: ……………………………………………………………

Client's address: ………………………………………………………..

Client's signature (only if notifying this form on paper):