TERMS OF SALES

ARTICLE ONE: Definition of terms and preamble

The term “Company” in the text means: the company LE VERNIER, a limited liability company with a capital of 4000 Euros, registered with the RCS of NICE under the number 531 350 528, whose registered office is located at 2 rue VERNIER 06000 NICE .

The term “Site” in the text means: the website, connected to the Internet, whose electronic address is as follows: http://www.eva-vautier.com/

The term “Products” in the text means: all the paintings, books, engravings, serigraphs, digital prints, lithographs and original works offered for sale through the “Site”

The term “Customer” in the text means: the buyer, natural person or legal person, non-professional acting as a consumer and placing an order on the “Site”

The term “Parties” in the text means: the “Company” and the “Clients” collectively.

The “Company” sets up an online retail activity of “Products” through the “Site” which presents the said “Products” in a digital catalog to potential “Customers”.

The “Site” is published by the “Company” which holds full ownership.

Article 2: Purpose of these general conditions of sale

The purpose of these general conditions of sale is, on the one hand, to inform any potential “Customer” of the conditions and methods under which the “Company” proceeds with the sale and delivery of the “Products” ordered and, on the other hand, to define the rights and obligations of the parties in connection with the online sale of “Products” by the “Company” to “Customers”.

These general conditions of sale apply, without restriction or reservation, to all orders, sales and related services, “Products” offered by the “Company” on the “Site”.

Consequently, the fact for any person to order a product offered for sale on the “Site” implies full and complete acceptance of these general conditions of sale, of which the “Customer” acknowledges having read prior to his order.

The “Company” reserves the right to modify these general conditions of sale at any time. Nevertheless, the General Conditions of Sale applicable to the order placed by a “Customer” on the “Site” are those accepted by the latter at the time of placing the said order.

These General Terms and Conditions of Sale supplement the conditions of use of the www.eva-vautier.com site, available at any time under the “Legal notices” section of the “Site” and applicable to “Customers”.

Article 3: Characteristics of the “Products”

www.eva-vautier.com is an online sales site for paintings, books, engravings, serigraphs, digital prints, lithographs and original works.

In accordance with the provisions of articles L. 111-1 and following of the Consumer Code, the “Customer” may, prior to his order, take note, on the “Site”, of the essential characteristics of the product(s) he wishes to order by clicking on the product.

The “Company” sources “Products” from manufacturers who have expressly agreed to be referenced in the digital catalog of the “Site”.

The offers presented by the “Company” are valid within the limits of available stocks. For “Products” not stored in its warehouses, the offers presented by the “Company” are valid subject to their availability.

For each “Product”, the essential, qualitative and quantitative characteristics are obtained directly from the manufacturers and appear in the product sheets.

The “Company” may at any time add new “Products”, delete all or part of the “Products” sold or presented in the digital catalog of the “Site”, change their presentation or cease their marketing on its “Site”, without prejudice to the orders placed by the “Customer”, and this, without it being forced to notify the “Customer” in advance.

Article 4: Information disseminated on the “Site”

While taking the greatest care in posting the information and data available free of charge on the “Site” and updating them, the “Company” cannot be held responsible for any inaccuracies, errors or omissions that may have occurred. slipped into the description of the “Products” which will have been communicated to it by the manufacturers.

Furthermore, the “Company” cannot be held responsible for typographical errors appearing on the “Site” beyond its control or for a visual of the product that is not up to date.

More generally, the Company cannot be held liable:

– interruptions or delays recorded on the “Site” due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, independently of his will ;

– the impossibility of temporarily accessing the “Site”, due to facts beyond its control, such as cases of interruptions of the Internet network or failure of the “Client’s” reception equipment on the Internet network.

Article 5: Item Orders

5.1: Placing of orders

Any order for a “Product” offered on the “Site” implies consultation and express acceptance of these general conditions of sale, without prejudice to the specific contractual conditions agreed between the “Parties”.

Consequently, the fact for any person to order a product offered for sale on the “Site” implies full and complete acceptance of these general conditions of sale, of which the “Customer” acknowledges having read prior to his order.

Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be such, will be considered by the “Company” as null and void.

Order taking on the “Site” is subject to strict compliance with a procedure described below and embodied online by a succession of different screens on which are indicated the different phases that the “Customer” must follow to validate his order by the “Company”.

Orders are placed online, in accordance with the “Site” order form (click: Add to order account).

The “Client” agrees that the information communicated to the “Company” is complete, accurate and up-to-date. In the event of incomplete or inaccurate information, the “Company” reserves the right to purely and simply cancel the order as well as the payment.

The “Company” reserves the right to refuse or cancel any order from a “Customer” with whom it is in dispute regarding a previous order.

Any Business Customer who wishes to make a group purchase is invited to contact the “Company”. In fact, a business customer will not be able to buy in bulk and benefit from the same advantages as an individual customer, in particular with regard to the rules of accumulation of advantages during the purchase.

The “Company” reserves the right to refuse or cancel the order if it considers that the customer is engaged in distribution or exercising an economic activity thanks to the products thus ordered, or for any other legitimate reason.

In accordance with the Data Protection Act of January 6, 1978, the “Customer” has the right to access, modify, rectify and delete personal data concerning him. To exercise this right, it suffices to send a letter to the “Company”.

The “Customer” online can freely fill his order account, delete an item he no longer wishes to acquire, modify the quantities ordered or add a “Product” by clicking on the corresponding buttons. The “Customer” must then validate the billing address and the place of delivery, as well as the secure payment method chosen: check, credit card, paypal.

Once all this information has been entered and validated regularly, the “Customer” clicks on the “Validate” button and his order form is sent directly to the “Company” service. The “Customer” then sees his order number displayed.

The “Customer” has the possibility of checking the details of his draft order and correcting any errors. From the moment the “Customer” confirms his order by clicking on the “Validate” icon, he is considered to have knowingly accepted these general conditions of sale, the prices, volumes and quantities of the products offered to the sale and ordered by him.

Orders are binding on the “Customer” upon receipt by the “Company” of the order form duly completed and validated by the “Customer” by clicking on the “Validate” button.

However, the order is only made subject to confirmation thereof by the “Company” to the “Customer” by e-mail, containing all the information communicated by the “Customer” with indication, if any, of the difficulties or any reservations raised by the order (availability of the “Products” ordered or method of payment chosen).

The “Company” recommends to the “Customer” to keep the information contained in the order confirmation sent by it on a paper or computer support document.

The “Customer” has a withdrawal period during the fourteen days following the validation of the Order. This withdrawal must be notified to the “Company” by e-mail at the address: www.eva-vautier.com , or by registered mail with acknowledgment of receipt to the address of the “Company”.

In accordance with the provisions of Article L 121-20-1 of the Consumer Code, when the “Customer” exercises his right of withdrawal, the “Company” is required to reimburse him all the sums paid as soon as possible and at the no later than thirty days after the date on which this right was exercised, by any means of payment. The “Company” reserves the right to offer the “Customer” a refund in the form of a credit note as a priority.

Article 6: Proof of orders

In general, it is expressly agreed between the “Parties” that the e-mails will be valid between them as well as the automatic registration systems used on the “Site”, in particular as to the nature and date of the order. .

Article 7: Modification of orders

Any modification of the order requested by the “Customer” can only be taken into consideration if it has reached the “Company” by e-mail before the dispatch of the “Products”.

Article 8: Rates – Invoicing

Section 8.1: Invoicing

An invoice is established for each delivery and made available to the “Customer” in his personal space.

Any complaint concerning invoices must be brought to the attention of the “Company” by e-mail within 10 days of their receipt, to be completed by the address www.eva-vautier.com . Failing this, they are considered as accepted without reservation. The possible incomplete delivery of an order cannot justify the refusal of payment of the “Products” delivered.

Any dispute between the “Parties” is in no way a cause for suspension of payment of the undisputed part of the invoice.

Section 8.3: Payment

Payment must be made when ordering online by the “Customer”. At no time can the sums paid be considered as a deposit or down payment.

All orders are payable in euros, all taxes and mandatory contributions included. Any bank charges (such as exchange commissions) remain the responsibility of the “Client”, including in the case of a refund.

To pay for his order on the “Site”, the “Customer” has the following payment methods: Credit card, Bank check, Paypal.

– Payment by credit card :

The bank cards accepted on the “Site” are as follows: Carte Bleue, Visa, Master Card, American Express must be issued by a bank or financial institution located in the European Union or in Monaco.

Payment is made after clicking on “Payment CB or Paypal”. The transaction is then carried out by the “Client” according to banking security standards. Thanks to the technical characteristics of the encryption software used on the “Site”, the bank details (credit card number and expiry date) communicated by the “Client” cannot be intercepted by a third party. Therefore, none of this information is transmitted or stored on the Internet. By communicating his bank details, the “Client” accepts in advance and unconditionally that the “Company” proceeds with the secure transaction. The “Client” therefore authorizes his bank in advance to debit his account in view of the records or statements transmitted by the “Company”, even in the absence of invoices signed by the hand of the cardholder. The authorization to debit the account of the “Customer” is always given for the amount of the “Product” purchased as invoiced by the “Company”.

– Payment by check:

Payment by bank check must be requested from the “Company” either by telephone or by e-mail to be activated on the “Client’s” account. Once the activation has been carried out, the “Customer” will be able to place his order and validate it by check.

Payment by check is made by post. Payment for the order is required by the “Company”, delivery taking place upon receipt and cashing of the bank check from the “Customer”.

The “Customer” must, in fact, after having placed the order by clicking on the “Validate” button of the order form duly completed and checked by him, and after having received by e-mail a confirmation by the “Company” of the order, send it by post its payment check, taking care to respect the amounts indicated, to the address of the “Company”.

– Payment by bank transfer :

Payment by bank transfer must be requested from the “Company” either by telephone or by e-mail to be activated on the “Client’s” account. Once the activation has been carried out, the “Customer” can place his order and validate it by bank transfer.

Payment for the order is required by the “Company”, delivery taking place upon receipt and collection of the transfer from the “Customer”.

The “Customer” must, in fact, after having placed the order by clicking on the “Validate” button of the order form duly completed and checked by him, and after having received by e-mail a confirmation by the “Company” of the order, send it its payment transfer, taking care to respect the amounts indicated, to the bank account of the “Company” as indicated in the confirmation letter.

In any case, and whatever the method of payment chosen, the “Customer” guarantees to the “Company” that he has the necessary authorizations to use the method of payment he has chosen for his order, when registering of his purchase order.

The “Company” reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be payable by the “Client”, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the “Site”.

Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the date of payment or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions hereof.

The “Company” reserves the right to request a photocopy of the Buyer’s identity card, and/or, if applicable, bank card (front only), and/or proof of address for billing addresses. and delivery, for any payment by credit card or bank cheque.

As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party authorized by law or designated by the “Company” for the sole purpose of verifying the identification of the “Customer” of the validity of the order, the method of payment used and the delivery envisaged.

Article 9: Delivery

Article 9.1: General rules

The “Products” subject to a final order from the “Customer” under the conditions described in article 5 above will be delivered to the address indicated on the order form.

Purchase invoices are sent by e-mail to the e-mail address indicated by the “Customer” when registering on the “Site”.

Failure to comply with the contractual conditions described below, no claim by the Buyer will be accepted.

Article 9.2: Characteristics of the delivery

The delivery is made by a carrier. It takes effect when the “Products” are picked up by the carrier. The risks associated with transport therefore weigh on the “Customer”.

The parcel is delivered to your home and delivered against signature either to the “Customer” or to the recipient of the products ordered, or, at the discretion of La Poste, to another person, in particular any person attached to his service, residing with him, specially mandated , with a power of attorney or to an identified third party.

When the package could not be delivered due to incorrect or incomplete delivery address entered by the “Customer”, the “Customer” may request either a new shipment to the address of his choice by paying the reshipping postage, or a refund of his order minus the initial postage, whether or not these were offered to him.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system of La Poste being authentic.

In the presence of an apparent anomaly of the package (in particular damaged package, open package, traces of liquid, etc.), the “Customer” or the recipient of the ordered products must not open the package but is invited to bring it back unopened in a period of five working days in a post office and to have a “report of spoliation” drawn up there.

The opening of said package excludes any recourse to La Poste. He is also invited to report the problem encountered to the “Company” by any means.

In the presence of an anomaly as to the contents of the package (missing product, damaged product, etc.), the “Customer” or the recipient of the products ordered is invited to report the problem encountered to the “Company”.

Article 10: Receipt of “Products”

It is up to the “Customer” upon receipt of the “Products”, to verify their conformity and integrity without delay. In general, the reservations or observations made on the delivery note must be complete and precise. They must in particular define the damage precisely, by including the order number.

Article 11: Right and period of withdrawal

Article 11.1: Right and legal withdrawal period

In accordance with article L. 121-20-12 of the Consumer Code, the “Customer” has a period of 14 clear days from the day of receipt of his order by himself or by the recipient of the order, to return the entire order at his own expense and obtain, at his discretion, the exchange of the products, or a credit note or a refund corresponding to the amount of his order.

The products must imperatively be returned to the “Company” according to the procedure described in Article 12 – below.

Article 11.2: Contractual Right and Period of Withdrawal

The “Company” extends the legal withdrawal period by a contractual withdrawal period. The contractual withdrawal period may be exercised by the Buyer or the recipient of the Order for two months from the date of receipt of the Order. The “Customer” has this period from the day of receipt of his order by himself or by the recipient of the order, to return his entire order at his own expense and obtain a credit note corresponding to the amount of his order. .

Article 12: Return of “products”

Section 12.1: Terms

In the event of a technical anomaly of the “Product”, or an error in the reference delivered, the “Customer” will follow the Product Return Procedure described below.

Technical anomalies or errors on the reference must be communicated to the “Company” by any means within 7 days, following the delivery date, indicating the references of the “Customer”, the number and date of the invoice, the reference of the “Product”, the quantity as well as the exact reason for the request.

The products must imperatively be returned to the EVA VAUTIER gallery in a state suitable for a new marketing, placed in a blank box indicating in a legible manner the initial order number. The “Company” reserves the right to refuse any return that does not comply with the conditions mentioned above.

Section 12.2: Consequences

Any return accepted by the “Company”, after qualitative and quantitative verification of the returned “Products”, will result, at the choice of the “Customer”, in the constitution of a credit note for its benefit or the reimbursement of the “Products”, excluding any compensation or damages.

Article 13: Guarantee

In addition to the legal guarantee against latent defects resulting from articles 1641 to 1649 of the Civil Code, for which the “Customer” must act within two years, the “Products” sold on the Site are subject to the conditions of legal guarantees of the articles L 211-4 and following of the consumer code.

Article 14: Retention of title

The “Company” retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

Article 15: Liability

The “Company” cannot be held liable for any consequential damages that may arise from the purchase of the products. Similarly, the responsibility of the “Company” under the obligations of these General Conditions of Sale cannot be engaged in the event of the occurrence of an event of force majeure as defined by the French courts.

Article 16: No waiver

The fact for one of the “Parties” not to rely on the other of a breach of one of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.

Article 17: Applicable law and competent jurisdiction

Sales of products from the “Company” are subject to French law. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between the “Parties”, even in the event of multiple defendants, will be, in the absence of an amicable agreement, the exclusive jurisdiction of the courts. from Nice.

Article 18: “Computing and Freedoms”

The personal data of the “Client” (surname, first name, company name, function, electronic and geographic addresses, telephone and fax numbers, banking information) are collected by the “Company” for the purposes of proper management of orders, deliveries and invoices, and in compliance with the provisions of the Data Protection Act No. 78-17 of January 6, 1978. The information that must be recorded by the “Customer” in order to place an order is identified online by an asterisk. The “Client” has at any time a right to access, modify, rectify and delete personal information collected by the “Company” concerning him.

Article 19: Validity of the General Conditions of Sale

If one or any of the provisions of these General Terms and Conditions of Sale is held to be invalid or declared void pursuant to a law, regulation or court decision that has become final, the other provisions and the other rights and obligations arising from these General Conditions will remain unchanged and will remain applicable.

Article 20: Accessibility of the General Conditions of Sale

The updated version of these General Terms and Conditions of Sale is constantly accessible online by the “Customer”. To do this, simply click on “Legal notices” where the said Conditions are referenced in their integral version.

The Client can also obtain this document by writing to the “Company”, LE VERNIER 06000 NICE.