TERMS OF SALES

1. Object

This contract for the sale of goods is concluded between the seller (hereinafter called Géraldine Bard Weinstoerffer) and a buyer (hereinafter called the Customer), within the framework of a distance selling system.

 

2. Scope

2.1. These general conditions of sale relate to sales made by Géraldine Bard Weinstoerffer on its website ( www.limageecrite.com or www.l-image-ecrite.com ).

 

2.2. In addition, the Customer declares to be at least 18 years old and to have the legal capacity or to hold parental or guardianship authorization allowing him to place an order on the website ( www.limageecrite.com ).

 

2.3. These general conditions of sale are likely to be supplemented by specific conditions, set out on the medium before any transaction with the Customer.

 

3. Applicable law

3.1. The present general conditions of sale as well as the prices are expressly approved and accepted by the customer, who declares and acknowledges having a perfect knowledge of them, and renounces, therefore, to avail himself of any contradictory document and, in particular, his own conditions terms of purchase, the act of purchase entailing acceptance of these general conditions of sale.

 

3.2. These conditions are subject to change at any time without notice.

 

4. The Seller

This offer is proposed by the painter

Geraldine Bard Weinstoerffer

Resident 68720 Hochstatt

 

 

5. Prices and shipping costs

5.1. The prices indicated on the website, by email or during the various advertising operations of Géraldine Bard Weinstoerffer are given without engagement and are subject to change in the event of a product update. The prices, established net in euros (VAT not applicable: article 293B of the general tax code), are those in force at the time of the order. If, for any reason whatsoever, an incorrect price is indicated to the customer when ordering, only the current price will prevail; in this case, the customer will have the option to cancel his order. The prices are fixed according to the material used and the time necessary to realize the canvas.

 

5.2. Once the order has been accepted by Géraldine Bard Weinstoerffer (cf. 6.3.), The prices indicated do not include the packaging costs and the shipping costs for sending. They will be added at the time of order. The prices are those in force for registered mail from the Post, TNT or Royal Mail.

 

5.4. For deliveries, a shipping charge is added to the amount of the order. The price of this package is clearly mentioned during the Customer's ordering process.

For paintings shipped outside the European Union, customs or import taxes or VAT may be eligible. These rights and sums are not the responsibility of Géraldine Bard Weinstoerffer. They will be the responsibility of the Client and are the sole responsibility of the client both in terms of declarations and payments to the competent authorities and bodies in the country concerned.

 

6. Order

6.1. The order from the website is only valid for billing and delivery addresses located in the countries indicated on the order form.

 

6.2. Geraldine Bard Weinstoerffer sends a confirmation email to the Customer immediately after entering the order. This confirmation includes the order number, the order specifications, its total amount, the billing and delivery addresses.

 

6.3. The order is accepted by Géraldine Bard Weinstoerffer when it has been confirmed by the Customer on the website and the payment has been validated by Géraldine Bard Weinstoerffer.

 

6.4. In the case of a payment by bank card or a bank transfer, the validation of the payment means that our banking partner has confirmed the payment.

 

6.6. The shipment of articles is only effective after acceptance of the order by Géraldine Bard Weinstoerffer.

 

7. Termination

Geraldine Bard Weinstoerffer reserves the right not to register a payment and therefore not to accept an order for any reason whatsoever, in particular due to a supply or delivery problem foreseeable at the time of the order.

The Customer will be informed by email - sent to the email address he entered when creating his account on the Géraldine Bard Weinstoerffer site - within seven working days of ordering. The non-execution or partial execution of an order will not entitle you to any compensation. In such cases, no payment will not be cashed by Geraldine Bard Weinstoerffer.

 

8. Payment conditions

8.1. Payment is made in full at the time of order, in cash, without discount and at the net price in euros only.

 

8.2. Two payment methods are available:

-By PayPal transfer. The transaction is then managed on the server of our banking partner. You will need to indicate your card number, as well as its validity date and the last three digits of the visual cryptogram on the back of the card. The data is encrypted and transmitted by a secure protocol according to the SSL protocol. You can pay by credit card on PayPal, with or without a Paypal account. Payment is instant and secure via the Paypal site.

In the case of payment by Paypal, the general conditions of use of Paypal apply.

 

-By bank transfer to the painter's bank account, the details of which will appear in the acknowledgment of receipt of the order.

 

8.3. The bank charges linked to the payment by the use of one or the other of these means of payment are chargeable to the Customer.

 

8.4. In the event of late payment by the Client, the interest rate for late payment penalties will be calculated on the refinancing rate applied by the European Central Bank, increased by 10 points. The reference to this interest rate comes from article L 441-6, al 8 of the Commercial Code as modified by Law n ° 2008-776 of August 4, 2008. It will be applied without reminder by the Seller . Late payment penalties will be due the day after the settlement date shown on the invoice and until the day the funds are made available by the Customer to the Seller (article L 441-3 of the French Commercial Code).

 

9. Payment collections

9.1. The debit on the Customer's bank card will be made in euros at the time of the order.

 

9.2. In case of payment by bank transfer, collection is made on the day of the transfer.

 

9.3. In the event of any payment incident, Géraldine Bard Weinstoerffer reserves the right to suspend current orders and refuse to honor any new order until full payment of the amounts due.

 

10. Rights to the work and intellectual property

10.1. All the elements appearing on the site are protected by copyright, trademark law and any other intellectual property law. No reproduction and / or adaptation may be made without the authorization of Géraldine Bard Weinstoerffer.

The photos of paintings, texts, videos, graphics, logos contained on this site are the exclusive property of the painter Géraldine Bard Weinstoerffer and constitute works of the mind protected by articles L.111-1 and according to the code of Intellectual property.

You can, via your web browser, view the elements for only personal and private purposes (as defined in article L 122-5, 2nd paragraph of the Intellectual and Artistic Property Code).

 

10.2. Any use or public dissemination other than those expressed above is strictly prohibited, except after obtaining the prior written consent of Géraldine Bard Weinstoerffer (address above). This prohibition aims in particular to reproduce whole or partial of the tables or to extract elements from the databases used and presented by the site limageecrite.com .

Without prior written request, the public dissemination of a reproduction or copy of tables (via blogs, Facebook, or other web community platforms) is liable to legal action. Mention of the name of Géraldine Bard Weinstoerffer is not sufficient to give permission for distribution or publication.

 

10.3. The user undertakes to use this information only for personal purposes. Any other use is strictly prohibited. This information is given for information only. Géraldine Bard Weinstoerffer's responsibility cannot be engaged for any error, omission, misuse or damage, whether direct or indirect, resulting from the use of information contained on this site. The user is solely responsible for the use of any information.

The limageecrite.com website is only an intermediary between you and the works presented on the site. Consequently, we cannot assure you of the availability of each canvas. Please contact us for a catalog request for the paintings available for sale.

 

10.4. Sanctions

The use of all or part of the site, in particular by downloading, reproduction, transmission, screenshot, representation, or dissemination for purposes other than for the personal and private use of the internet user is strictly prohibited.

The violation of these provisions subjects its author to the sanctions provided for both by the intellectual property code in particular under copyright infringement (article L.335-3), trademark rights (article L.716-9 ) only by the Civil Code in matters of civil liability (article 9, articles 1382 et seq.).

By using this site, you implicitly accept the conditions of use described in this page, without prejudice to any recourse of a contractual and / or tortious nature which may be exercised by ww.limageecrite.com. Any litigation relating to the interpretation or the execution of a contractual engagement envisaged in the texts of this site will be of the exclusive competence of the French courts making application of the French law.

The links indicated on this site are given as an indication, Géraldine Bard Weinstoerffer cannot therefore be held responsible for their content.

The graphics and animations of the site remain the property of the written image and are subject to copyright and intellectual property. The site is created and produced by Géraldine and Olivier Weinstoerffer.

 

11. Delivery

11.1. Géraldine Bard Weinstoerffer undertakes, in the event of acceptance of an order, to sell and send to the address indicated by the Customer, the products chosen by him when ordering within a maximum period of two weeks . This period can be extended during school holidays.

 

11.2. To this deadline, we must add the delivery time of the carrier.

Packages are routed by our carriers La Poste, Collisimo, DPD, UPS, TNT or Royal Mail. The delivery times are those indicated by our carriers. Géraldine Bard Weinstoerffer can in no way be held responsible for delays in delivery times. Any delays in delivery do not give the buyer the right to claim damages.

 

11.3. Géraldine Bard Weinstoerffer delivers to the delivery address indicated by the Customer when entering his order on the website www.l-image-ecrite.com . The information stated by the Customer, when placing the order commits it: in the event of an error in the address details of the recipient, Géraldine Bard Weinstoerffer cannot be held responsible for the impossibility in which he might be, to deliver the product.

 

11.4. The goods sold travel at the risk of the Customer, to whom it will be up to check the conformity and the number of the received consignments and to expedite if necessary, against the carrier, in particular in case of damage, substitution or lack, the procedures provided for in articles 105 et seq. of the French Commercial Code.

 

11.5. The customer must verify the conformity of the goods delivered at the time of delivery and before signing the delivery note from the carrier. In the event of a dispute at the time of delivery of the package, the recipient will make reservations to the carrier on the delivery slip. This dispute must be declared by means of a letter with acknowledgment of receipt addressed to Géraldine Bard Weinstoerffer, within 48 hours (working days).

 

11.6. In the event of non-delivery of an order or part of an order, the Customer has a maximum of three months from the date of shipment to contact Géraldine Bard Weinstoerffer. Beyond this deadline, Géraldine Bard Weinstoerffer will not accept any complaints.

 

12. Transfer of ownership

The seller retains full ownership of the products sold until full payment of the amount of the order. However, upon delivery, the risk of loss or deterioration is transferred to the buyer.

 

13. Withdrawal

Buyers, non-professional individuals, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for return costs.

 

14. Guarantee

The Customer benefits from the provisions of the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made by email to the following address: geraldine@limageecrite.com within thirty days of delivery.

The products sold on the Géraldine Bard Weinstoerffer site are not subject to any additional guarantee from Géraldine Bard Weinstoerffer. They will not be taken back or exchanged.

 

15. Confidentiality

15.1. Géraldine Bard Weinstoerffer treats all information concerning the Client with the strictest confidentiality. During purchases, Géraldine Bard Weinstoerffer only asks the Customer for the essential information (name, first name, address, e-mail, telephone number), and refrains from any use of the data communicated by the Customer for any other use than for a quality treatment and careful monitoring of the order.

 

 

16. Liability

16.1. In the absence of explicit and written authorization issued by Géraldine Bard Weinstoerffer, it incurs no responsibility, either vis-à-vis its Customers or any third party whatsoever, for the distribution of products listed in its catalog.

 

16.2. Géraldine Bard Weinstoerffer cannot be held liable for repairing direct or indirect damage, whatever its nature, resulting from the use of the products.

 

16.3. In the absence of an explicit written authorization issued by Géraldine Bard Weinstoerffer, the Customer is prohibited from reselling the products sold by Géraldine Bard Weinstoerffer. Under the same conditions, it is prohibited from reproducing in any way whatsoever and on any medium whatsoever, in particular digital, the visuals or images sold on the Géraldine Bard Weinstoerffer site

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16.4. Any order placed by a Customer is for his personal use or for the personal use of the person on whose behalf the delivery must be made. In the latter case, the Customer guarantees personal acceptance of these General Conditions of Sale by the recipient of the delivery.

 

17. Force majeure

Are considered as force majeure which release Géraldine Bard Weinstoerffer from any obligation to honor a Client's order, strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises or others, disruptions in transport, supply difficulties, customs measures of any kind or origin whatsoever, or any other fortuitous event which prevent or delay fully or partially the performance of Géraldine Bard Weinstoerffer's obligations.

 

18. Disputes

18.1. The conditions of sale are governed by French law. In the event that a dispute arises from this contractual relationship, the parties agree before any legal action to seek an amicable solution.

 

18.2. In the event of a dispute, the High Court Mulhouse is the only competent.