General conditions of sale and of utilization
DEFINITION OF PARTIES
Between the EURL SAMPAD company, 33B Rue de la Beaune, 93100, Montreuil in FRANCE with a share Capital of € 3,000, registered with the Bobigny Register of Commerce and Companies, under number SIRET 750345738, represented by Samuel Gentilhomme as Manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter, the “Seller” or the “Company”.
On the one hand, and the natural or legal person purchasing the products or services of the company, hereinafter, “the Purchaser”, or “the Customer” on the other hand,
The Seller is a publisher of products and services for the sale of print-on-demand graphic models on various media marketed through its website (https://www.artclic.net). The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 – OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms of Sale (GTC) apply to all sales of Products, or Services performed through the Company’s website and are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these at any time by publishing a new version on its website.
The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order.
These General Terms and Conditions are available on the Company’s website at the following address:
The Company also ensures that their acceptance is clear and unqualified at the time of purchase. The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and includes the shipping costs.
For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller to fulfill his order.
However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address …);
- Acceptance of these General Terms of Sale.
- Verification of the elements of the order and, if necessary, correction of the errors.
- Followed instructions for payment, and payment of products.
- Delivery of products.
The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.
For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites.
The customer certifies that he has received a detailed description of the delivery charges as well as the terms of payment, delivery and payment.
The Seller undertakes to honor the Customer’s order within the limits of the available stocks only.
Otherwise, the Seller informs the Customer.
This contractual information is presented in detail and in French language.
In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the product sales pages, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services.
Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. Refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – TITLE RETENTION CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time of preparation of the order. When the Customer orders several products at the same time they may have different delivery times delivered in different ways. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that at the moment when the Customer physically possesses the products, the risk of loss or damage of the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or bank transfer. Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after checking the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
ARTICLE 10 – RIGHT TO RETRACT
In accordance with Article L221-18 of the Consumer Code, You have a right of withdrawal to return the work that does not suit you. This right does not apply to gift voucher orders or orders placed by companies.
For any order on the Site, you have a period of 15 calendar days to notify us of your return request.
For this, please contact us, we will indicate the return address and you will have a delay. 14 days to return your order.
• If your order has been delivered by the Post Office, you can return your order by post (return shipping costs are your responsibility).
• If your order has been delivered by a carrier, it will take your order. This service will be charged at the same price as the initial delivery charge. No cash on delivery will be accepted for any reason.
Items returned without their original packaging or incomplete, damaged, damaged or soiled by the customer are not included. Return costs are your responsibility.
SAMPAD will reimburse you for the price of the returned items as well as the original shipping costs (return shipping costs remain your responsibility) within 14 days of receipt of the items or upon receipt of proof of shipping. items. This refund will be made by credit to the bank account used for payment, by bank transfer or gift certificate, depending on the payment method used when ordering.
ARTICLE 11: RIGHT OF RETURN
In case the works received do not comply with the order, you have a right of return. In this case, please contact us by email at email@example.com
SAMPAD will exchange the damaged item, within the limits of available stocks. In the event that an item is no longer available, SAMPAD will suggest you to choose another item of an equivalent amount.
In the case of exercise of the right of return and only in this case, the costs of return and new shipment are the responsibility of SAMPAD.
ARTICLE 12: CUSTOMER SERVICE AND CLAIMS
For any information or question, you can contact our customer service by email at firstname.lastname@example.org
We will be very happy to give you all the information you want about our works and your order.
ARTICLE 13 – GUARANTEES
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products.
The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
The refund request must be made by contacting the Seller by email or by simple letter.
Seller recalls that the consumer:
- has a period of 2 years from the delivery of the goods to act with the Seller
- that he can choose between the replacement and the repair of the property subject to the conditions provided by the aforementioned provisions. apparently defective or does not correspond
- that it is exempt from proving the existence of the lack of conformity of the good during the six months following the delivery of the good.
- that, except used goods, this delay will be increased to 24 months to count of 18 March 2016
- that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the price of sale (provisions of articles 1644 of the Civil Code).
ARTICLE 14 – COMPLAINTS
If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter.
ARTICLE 15 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 16 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 17 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
ARTICLE 18 – RGPD AND PROTECTION OF PERSONAL DATA
In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose and correct your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract.
ARTICLE 19 – APPLICABLE RIGHT
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.