Article 1 - PURPOSE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ART AND STUFF ONLINE, registered in the TOULOUSE Trade and Companies Register under number 849 073 945, whose registered office is located at 2 bis Impasse des Sables 31140 SAINT ALBAN, FRANCE (seller) to consumers and non-professional buyers (Client) wishing to acquire the products offered for sale on the www.philippeshangtiofficialstore.com website, excluding all other conditions. In particular, they specify the terms for ordering, payment and delivery of products ordered by Customers. These products are artistic merchandise and 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 Terms and Sales Conditions applicable to the Customer's purchase is the one in force on the website on the date the order is placed. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
The Customer declares that he has read these General Terms and Conditions of Sale and accepted them by ticking the box provided for this purpose before partaking in the online ordering process. When the Customer completes an order this constitutes acceptance, without restriction or reservation, of these General Terms and Conditions Sale.
The Customer acknowledges that he/she has the capacity to contract and acquire the Products offered on the website www.philippeshangtiofficialstore.com.
Article 2 - ORDER
It is the Customer's responsibility to select the products he/she wishes to order on the website www.philippeshangtiofficialstore.com according to the following procedures:
a) Read these GTCs, which can be accessed on the website under the heading "General Terms and Conditions of Sale."
b) Select the products for which he/she is interested in by filling the "basket."
c) Consult your "basket" in order to check or, if necessary, modify your selection, check the price of each product and the total amount of your selection, and check the delivery charges.
d) Validate your "basket."
e) Fill in your full name, address, e-mail address and telephone number.
f) Confirm, by ticking the appropriate box, that you have read and accepted these GTCs.
g) Fill in the credit card number, expiration date and the last three digits on the back of the card near the signature (referred to as a "visual cryptogram" or "CLC code").
h) Respond to the request for confirmation of the transaction from his/her own bank, received on his/her own cell phone, by providing the latter with any information (first name of his/her best childhood friend, etc.) supposedly known only to him/her (security standard under the "3D Secure" protocol, referred to 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" button.
j) In the following moments, the customer will receive an e-mail acknowledging receipt and validation of his/her order from the seller.
k) The seller cannot be held responsible for any errors made by the Customer during his/her online purchase.
l) Any order placed on the www.philippeshangtiofficialstore.com website constitutes the formation of a contract concluded at a distance between the customer and the seller. The sale will be considered final after the seller sends the order confirmation to the customer by e-mail and after the seller receives the full payment for the order.
Article 3 - THE CONSUMER’S RIGHT OF RETRACTATION
3.1. The consumer has a period of fourteen (14) days, starting the day that they receive the product(s), to exercise his/her right of withdrawal without having to justify his/her reasons, nor to pay a penalty, for exchange or refund, provided that the products are returned in their original and complete condition (packaging, accessories...). The products must be sent back in packaging that protects the product(s) and allows them to be returned to the market in new condition within 14 days following notification to the seller of the customer's withdrawal decision.
Damaged, dirty or incomplete products are not accepted.
The right of withdrawal can be exercised online or by mail using the withdrawal form available on the website www.philippeshangtiofficialstore.com or any other unambiguous statement, expressing the intention to withdraw and containing the order number.
Returns must be accompanied by the purchase invoice and must be sent to the following address: ART AND STUFF ONLINE, 2 bis Impasse des Sables 31140 SAINT ALBAN, FRANCE.
When the customer decides to exercise their right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the delivery costs are refunded, the return costs remain the responsibility of the customer.
The refund will be made within 14 days after the seller has received the products that the customer returned. This refund will be the same method of payment as the one used by the customer for the initial transaction.
3.2. However the consumer will be liable if he/she exercises his/her 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 permitted to the consumer in store - result in 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 imply that it will be available at a later time.
4.2 The possibility for the consumer to confirm the order of a product is likely to presume its availability in relation to its theoretical stock. However, differences between theoretical and physical stocks can lead to the unavailability of an ordered product.
4.3 Similarly, a product may be removed from the site at any time.
4.4 In the event of unavailability or withdrawal of the ordered product after the order has been placed, the seller shall inform the Customer by e-mail of the delivery of a partial order, a deferred order and, if 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 consumer, the product will be refunded to him at the latest within 14 days following his/her order by re-crediting the payment method used during 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 appearing on the website www.philippeshangtiofficialstore.com on the day the order is registered, after deduction, where applicable, of all discounts, rebates and sales applicable to the order.
5.3 Prices are inclusive of all taxes (including VAT) and do not include shipping costs. Any change in VAT will be automatically reflected in the prices. The shipping costs, for their part, 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 seller. They are the sole responsibility of the buyer and are his/her responsibility.
5.5 These prices are fixed and cannot be revised 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 ORDER CONFIRMATION
6.1 The products remain the property of the seller until the payment has been fully collected.
6.2 The validation of the order implies 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 allowed. Payment is made on the day the Customer places the order by means of a secure payment. The bank cards approved by the banking institution managing payments made via the website www.philippeshangtiofficialstore.com are bank cards bearing the "CB" brand as well as "CB" approved cards, i.e. those bearing the "VISA" or "MASTERCARD" brands.
6.4 The Customer's bank account will be debited at the end of the order validation, which is considered effective after the bank confirms the agreement.
6.5 As soon as payment has been made, the seller 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 checks all orders that have been validated on their website. These controls are intended to protect against possible fraud. 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 recorded against a credit card and/or its holder.
7.2 In order to ensure the security of payments, the website uses a secure payment service. This service incorporates the SSL (Secure Sockets Layer) security standard: confidential data (the 16-digit credit card number, expiration date, and the last three digits on the back of the card, near its signature (referred to as "visual cryptogram" or "CVC code") are directly transmitted through encryption on the bank's server without giving this information to the seller's server.
This service also incorporates the "3D Secure" security standard protocol, known as "verified by visa" or "Master Card Secure Code": the consumer must respond to the request for confirmation of the transaction from his own bank, received on his/her own cell phone.
After the consumer has confirmed his order, a payment request is routed in real time to the secure remote payment manager who sends an authorization request to the credit card network. The online payment manager issues the consumer an electronic certificate that will be used as proof of the amount and date of the transaction.
7.3 In order to prevent fraud, in particular by credit card, the seller reserves the right to use the Customer's personal data to contact him/her, ask him/her for his/her identity card and, if necessary, to cancel the products ordered.
Article 8. DELIVERY.
8.1 TERMS AND CONDITIONS OF DELIVERY COSTS
The seller delivers the parcels everywhere in France, the French overseas departments and territories in Europe and abroad.
Once payment has been received, the ordered products are delivered to the address indicated by the customer when ordering on the website www.philippeshangtiofficialstore.com .
Packages are sent according to the current rates.
The customer is informed by e-mail when his/her package is sent, also indicating:
- that an original invoice including delivery charges and VAT is available online on the Site in the "My Account" section and that a printed copy of the invoice will be attached to the package (accompanied by the withdrawal form),
- the tracking number of his/her package.
Delivery costs are calculated according to the postal service, 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).
The products are delivered within 15 days following the date of the order.
The seller makes it their priority to make their best efforts to deliver the ordered products within the deadlines specified above.
However, these deadlines are given for information only. 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 written request of the Customer under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
8.3 DELIVERY FULLFILLED
As a reminder, article L216-4 of the Consumer Code provides that any risk of loss or damage to the products ordered is transferred to the consumer at the time when the latter or a third party designated by him/her, and any other postal service proposed by the seller, takes physical possession of these goods.
The Customer is responsible for receiving 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 confirmation.
The Customer must imperatively date and sign the delivery slip if the postal service carrier presents it to him/her. This dated and signed form constitutes proof of transport and delivery. In the event of the Customer's absence, he/she has a period of time indicated by the carrier to receive his/her 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 relating to the payment of a previous order.
9.2. In the event in which the customer cancels the order for any reason whatsoever after the sale has been completed, except the exercise of the right of withdrawal or force majeure, the total amount of the purchase shall remain the property of the seller.
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 France and will be used for non-professional purposes. They shall, under normal conditions of use or other reasonably foreseeable conditions, provide the safety that any consumer can expect and shall not endanger the health of any individual.
10.2. The products supplied by the seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the following legal provisions:
- the legal guarantee of conformity for products that are apparently defective, used, damaged or do not correspond with the order (article L217-4 and following of the Consumer Code). Any shipment of products other than those ordered is involuntary. In the event that the products received do not correspond to those ordered, or are defective, the consumer 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 a reimbursement. This choice will be made in agreement with the seller.
- the legal guarantee against hidden defects resulting from a defect in a material, design or manufacturing error affecting the products delivered and rendering them unfit for use (articles 1641 et seq. of the Civil Code).
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 within a maximum period of 8 days from the delivery of the products or the discovery of the existence of hidden defects, and return the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.). The seller may replace or repair the original object or give the customer a refund. The seller will be charged for the return costs.
Refunds for products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the seller's discovery of the lack of conformity or hidden defect using the same method of payment as that used by the customer for the initial transaction.
10.4. Products that have been modified or repaired by the Customer or any other person not authorized by the supplier of the said product are excluded from the warranty. The warranty will not cover products damaged due to misuse, negligence or lack of maintenance on the part of the Customer, such as normal product wear and tear, accidents or force majeure.
The seller's warranty is, in any event, limited to the replacement or refund 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 cannot 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 service interruption, an external intrusion or the presence of computer viruses.
Article 11 - CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
In accordance with the French Data Protection Act 78-17 of 6 January 1978 and the European Data Protection Regulation, personal data requested from the Client are confidential and necessary for completing the order.
Their main purpose is the processing and follow-up of the Customer's order, its delivery, payment and creation of invoices.
No personal information is collected without the Client's knowledge. No personal information is given to third parties. No personal information is used for any unintended purpose.
The information and personal data provided by the Customer are intended for the seller's internal services. They are necessary for managing the order and the commercial relationship. Information and data are also stored for security purposes and in order to comply with legal and regulatory requirements for data retention.
In this context, the legal basis for processing the Client's personal data is contractual.
This data will only be used to the extent that it is necessary to contact the Customer, process and monitor the Customer's order, as well as to verify the validity of the information required to pay for the products sold.
When placing the order, the seller is required to collect certain information and personal data such as first and last name, e-mail address, mobile phone number, etc., from the Customer.
The Customer must register on the website www.philippeshangtiofficialstore.com prior to any order or when placing an order. The data accompanied by an asterisk are mandatory. In their absence, the Customer's request cannot be processed.
Personal information is kept for 3 years or 10 years if it is billing data.
They are only intended for the seller's accounting and commercial department.
During this period, the seller shall put in place all appropriate means to ensure the confidentiality and security of the Customer's personal data in order to prevent their damage, deletion or access by unauthorised third parties.
Only companies with which the seller is contractually bound and which have agreed to ensure the strictest confidentiality may have access to this data as part of the processing and follow-up of the order.
The seller undertakes not to sell, rent, transfer or give access to the Customer's personal data without his/her consent to anyone else, unless he/she is obliged to do so for a legitimate reason.
In accordance with national and European regulations in force, the Customer has a right of permanent access, modification, rectification, portability and deletion of data concerning him or her or to limit processing. He/she may object to the processing of his/her personal data and has the right to withdraw his/her consent at any time, subject to the production of a valid proof of identity, by contacting ART AND STUFF ONLINE, 2 bis Impasse des Sables 31140 SAINT ALBAN, FRANCE.
For any additional information or complaints, the Client may contact the Commission Nationale de l'Informatique et Liberté (www.cnil.fr).
Article 12 - INTELLECTUAL PROPERTY
Access to the www.philippeshangtiofficialstore.com site confers on the Client a private and non-exclusive right to use this site.
All the elements published on the website www.philippeshangtiofficialstore.com including texts, photographs, logos, animations, videos, etc. are the property of the seller and its partners and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
Article 13 - LITIGATION - MEDIATION
All disputes to which the purchase and sale transactions concluded pursuant hereto may give rise, concerning their validity, interpretation, execution, termination and consequences and which could not be resolved between the seller and the customer, shall be subject to French law and to the competent courts under the conditions of ordinary law.
The Client is informed that he/she may in any event resort to conventional mediation, in particular with the Commission de la médiation et de la consommation (article L612-1 Code de la consommation) or with existing mediation bodies, or with any other alternative dispute resolution method.
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Last update: 04/18/19