Article 1 - PURPOSE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SHANGTI STUDIO, SLU, a company established on 1 December 2016 by deed of the notary ROSA MARIA FERRÀNDIZ ESTEVE under number 2453 of its Protocol and registered in the Companies Register of Andorra on 2 December 2016 under number 16772, and whose registered office is at Av. del Ravell, Nau 4 - Planta 1 - Local 1, AD400 La Massana - PRINCIPALITY OF ANDORRA ("Seller"), to consumers and non-professional buyers (the Customer) wishing to purchase the products offered for sale on the website www.philippeshangtiofficialstore.com, to the exclusion of all other conditions. They specify in particular the conditions of order, payment and delivery of the products ordered by the Customers. These products are objects and derivative art items created by the artist Philippe SHANGTI.
These General Terms and Conditions of Sale are accessible at any time on the website www.philippeshangtiofficialstore.com and will prevail, if necessary, over any other version or any other contradictory document. The version of the General Conditions of Sale applicable to the Customer's purchase is the one in force on the website at the date of the order. Unless proven otherwise, the data recorded in the seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the products offered on the website www.philippeshangtiofficialstore.com.
Article 2 - ORDER
It is up to the Customer to select on the website www.philippeshangtiofficialstore.com the products he wishes to order according to the following terms and conditions:
a) Read these GCS, which are accessible on the website under the heading "general terms and conditions of sale".
b) Select the products for which he is interested by filling a « shopping cart".
c) Consult his "shopping cart" in order to check or, if necessary, modify his selection, check the price of each product and the total amount of his selection, and take note of the delivery charges.
d) Validate your "shopping cart".
e) Fill in your first and last name, address, e-mail address and telephone number.
f) Confirm, by ticking the appropriate box, that you have read and accepted these Terms and Conditions of Sale.
g) Fill in the number of his credit card, its expiry date and the last three digits appearing on the back of the card near his signature (called "visual cryptogram" or "CVX code").
h) Respond to the transaction confirmation request from his or her own bank, received on his or her own mobile phone, by providing the bank with any information (first name of his or her best friend from childhood, etc.) that he or she is supposed to know (security standard under the "3D Secure" protocol, known as "verified by visa" or "MasterCard SecureCode").
i) Check the details of the order, its total price and correct any errors before confirming it by clicking on the "validate your order" icon.
j) In the following moments, the customer will receive an e-mail acknowledging receipt and validation of his order by the seller.
k) The Vendor cannot be held responsible for any errors made by the Customer during his online purchase.
l) Any order placed on the website www.philippeshangtiofficialstore.com constitutes the formation of a contract concluded remotely between the Customer and the Seller. The sale will be considered final after the Customer has received confirmation of acceptance of the order by the Seller by e-mail and after the Seller has received the full price.
Article 3 - RIGHT OF WITHDRAWAL OF THE CONSUMER
3.1. The consumer has a period of seven (7) calendar days from receipt of the product to exercise his right of withdrawal without having to justify the reasons, or pay a penalty, for exchange or refund, provided that the products are returned in their original condition and complete "packaging, accessories ...), in a package that protects the product (s) and allowing them back on the market in new condition.
Damaged, soiled or incomplete products will not be taken back. The right of withdrawal can be exercised online or by mail using the withdrawal form available on the website www.philippeshangtiofficialstore.com in your account or any other unambiguous statement expressing the willingness to withdraw and containing the order number.
Returns accompanied by the purchase invoice are to be made to the following address: SHANGTI STUDIO, SLU Av. del Ravell, Nau 4 - Planta 1 - Local 1, AD400 La Massana - PRINCIPALITY OF ANDORRA
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the delivery costs shall be refunded, the return costs remaining in charge of the Customer.
Reimbursement will be made within 30 days of receipt by the seller of the products returned by the Customer, using the same means of payment as that used by the Customer for the initial transaction.
3.2. However, the Customer will be held liable if he exercises his right of withdrawal in an abusive manner. This abuse will be constituted if manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product - manipulations other than those that would be allowed to the consumer in the store - cause the deterioration of the product.
Article 4 – AVAILABILITY OF PRODUCTS
4.1. The products visible on the website are offered for sale while stocks last. The presence of a product on the website at a given time does not presume its availability at a later time.
4.2 The possibility for the Customer to confirm the order of a product is such as to presume its availability in relation to its theoretical stock. However, differences between the theoretical stocks and the physical stocks may result in the unavailability of an ordered product.
4.3 Similarly, a product may be withdrawn from the website at any time.
4.4 In the event of unavailability or withdrawal of the product ordered after the order has been placed, the Vendor will inform the Customer by e-mail of the delivery of a partial order, a deferred order, specifying, where applicable, the date on which an identical product will be available again or the cancellation of the order. The consumer will remain free to accept or refuse any proposal from the Seller (subsequent delivery or delivery of a product of equivalent quality and price). If it is not possible to satisfy the Customer, the product will be refunded to him at the latest within 30 days following his order by re-crediting the means of payment used at the time of the order.
Article 5 – PRICE
5.1 All orders, regardless of their place of issue, are payable in euros.
5.2 The products are supplied at the prices in force on the website www.philippeshangtiofficialstore.com on the day the order is recorded, after deduction, where applicable, of all discounts, rebates and rebates applicable to the order.
5.3 Prices are inclusive of all taxes (including VAT) but exclude shipping costs. Any change in the general indirect tax rate (VAT) will be automatically reflected in the prices.
The shipping costs will be indicated in the summary of the order before its final validation.
5.4 For sales abroad, customs duties or other local taxes or import duties may be payable. These duties and sums are not the responsibility of the Vendor. They are the sole charge of the Customer and are the Customer's responsibility.
5.5 These prices are firm and non-revisable during their period of validity, as indicated on the website www.philippeshangtiofficialstore.com, the Seller reserves the right, outside this period of validity, to modify the prices at any time, without notice.
Article 6 – PAYMENT AND CONFIRMATION OF ORDER
6.1 The products remain the property of the Seller until the price has been paid in full.
6.2 The validation of the order entails the obligation for the Customer to pay the price indicated by the total amount of the basket.
6.3 Only online payment by credit card is authorized. Payment is made on the day the order is placed by the Customer by means of secure payment. The bank cards approved by the banking establishment managing the payments made via the website www.philippeshangtiofficialstore.com are the bank cards on which the "CB" mark appears as well as the cards approved "CB", i.e. bearing the "VISA" or "MASTERCARD" marks.
6.4 The Client's bank account will be debited at the end of the validation of the order, this being considered effective after confirmation of the agreement of the bank payment centres.
6.5 As soon as payment has been made, the Vendor will confirm the order by e-mail. The Customer may print the order confirmation as proof of the transaction.
Article 7 - VERIFICATION AND SECURITY OF PAYMENTS
7.1 The Seller controls all orders that have been validated on its website. These controls are intended to prevent him from possible frauds. To this end, the Seller may restrict or cancel certain sales that present a potential or proven risk, in particular due to payment incidents or fraud already observed against a bank card and/or its holder.
7.2 In order to ensure the security of payments, the website uses a secure payment service. This service integrates the SSL security standard: the confidential data (the 16-digit bank card number as well as the expiry date, the last three digits appearing on the back of the card near its signature (called "visual cryptogram" or "CLC code") are directly transmitted encrypted on the bank's server without transiting on the physical supports of the Vendor's server.
This service also incorporates the "3D Secure" protocol security standard, referred to as "verified by visa" or "MasterCard SecureCode": the Customer must respond to the transaction confirmation request from his own bank, received on his own mobile phone.
After the Customer has confirmed his order, a payment request is routed in real time to the secure telepayment manager, which sends an authorisation request to the bank card network. The telepayment manager issues the Customer with an electronic certificate that will be used as proof of the amount and date of the transaction.
7.3 In order to combat fraud, in particular credit card fraud, the Seller reserves the right to use the Customer's personal data to contact the Customer, to request the Customer's identity document and, where applicable, to cancel the products ordered.
Article 8. LIVRAISON.
8.1 DELIVERY TERMS AND CHARGES
The Seller delivers the parcels anywhere in the Principality of Andorra, Europe and internationally.
Once payment has been received, the products ordered are delivered to the address indicated by the Customer when ordering on the website www.philippeshangtiofficialstore.com .
Packages are sent by the French Post Office, Spanish Correos or DHL depending on the country of destination, according to the rates in force, which can be consulted on the websites www.laposte.fr, www.correos.es or www.dhl.fr.
The customer is informed by e-mail of the dispatch of his package, also indicating :
- - that an original invoice including delivery costs and taxes is available online on the Site in the "My Account" section and that a printout of the invoice will be attached to the package (accompanied by the withdrawal form),
- the tracking number on his package.
Delivery costs are calculated according to the shipping method, the total weight of the order and the delivery address.
8.2 DELIVERY TIMES AND DELIVERY DELAYS
Delivery times are understood to be working days (excluding Saturdays, Sundays and public holidays).
Products are delivered within 15 calendar days following the date of the order.
The seller undertakes to make its best efforts to deliver the products ordered within the time limits specified above.
However, these deadlines are given as an indication. If the products are not delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request. The sums paid by the Customer will then be returned to him at the latest within 30 days following the date of termination of the contract, to the exclusion of any compensation or deduction.
8.3 DELIVERY MADE
Any risk of loss or damage to the goods ordered shall pass to the Customer at the time when the Customer or a third party designated by the Customer, other than the carrier proposed by the Seller, takes physical possession of such goods.
The Customer undertakes to receive the ordered products at the delivery address indicated on the order confirmation e-mail.
The Seller advises the Customer to open the package and check the goods before signing the delivery note.
The Customer must imperatively date and sign the delivery slip if it is presented to him by the carrier. This dated and signed delivery slip constitutes proof of transport and delivery. In the event of the Customer's absence, he has a period of time indicated by the carrier to receive his package.
Article 9 - CANCELLATION OF ORDERS
9.1. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
9.2. In the event of cancellation of the order by the Customer for any reason whatsoever after the formation of the sale, other than the exercise of the right of withdrawal or force majeure, the total amount of the purchase shall be retained by the Seller by way of damages and interest.
Article 10 – LEGAL GUARANTEES
10.1. The seller guarantees that the products marketed on the website www.philippeshangtiofficialstore.com comply with the standards in force in the Principality of Andorra and have performance compatible with non-professional use. They present, under normal conditions of use or other reasonably foreseeable conditions, the safety that any consumer can expect and do not harm people's health
10.2. The products supplied by the Seller shall benefit from the right of withdrawal without additional payment, independently of the right of retraction, in accordance with the legal provisions :
- the legal guarantee of conformity for products that are apparently defective, damaged, or do not correspond to the order (Article 30 of Law 13/2013, of 13 June, on competition and consumer protection). Any shipment of products different from those ordered could only be involuntary and exceptional. In the event of non-conformity of the products received with those ordered, or product defects, the Customer will have the choice between replacing the product (within the limits of available stocks), repairing it (provided that its cost is not manifestly disproportionate to the cost of its replacement) or its value. This choice will be made in agreement with the Seller.
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
10.3. In order to implement the Seller's warranty, the Customer must inform the Seller in writing of the non-conformity of the products as soon as the existence of hidden defects is discovered, and return the defective products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.). The Seller may make the replacement of the product, its repair or its refund subject to the return of the original product.
The costs of return will be in charge of the Seller.
Refunds for products deemed to be non-compliant or defective will be made as soon as possible from the time the Seller ascertains the lack of conformity or latent defect, using the same means of payment as that used by the Customer for the initial transaction.
10.4. Products modified, repaired or integrated by the Customer or any other person not authorized by the Seller are excluded from the warranty. The warranty shall not be in charge of products damaged as a result of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective products.
10.5. The Seller is automatically liable to the Customer for the proper performance of the contract concluded with the Customer. However, the Seller shall not be held liable for the non-performance or improper performance of the contract concluded in the event of force majeure, the occurrence of an event attributable to the Customer or any inconvenience, unforeseeable and insurmountable damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Article 11 – APPLICABLE LAW AND COURT OF COMPETENCE
The present General Conditions of Sale are subject to Andorran law. And all disputes to which the purchase and sale operations concluded in application of the present terms and conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences (and which could not be resolved between the Seller and the Customer) will be submitted to the courts of the Principality of Andorra.
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Last updated on July 28, 2020