These General Terms and Conditions of Sale are up to date as at 25 February 2020.
1. DEFINITIONS
1.1. These General Terms and Conditions of Sale are offered by the company Design Art Vagner , Autonomo , registered in the Madrid Trade and Companies Register under number esy 5980057 w, represented by Vagner Mathieu , whose registered office is at Partida Madrigueres Sud b69, Denia, Spain. Its toll-free telephone number is +34 603 848 959 and its e-mail address is info@designartvagner.com.
1.2. The company is the owner and publisher of the website https://designartvagner.com. The Website is hosted by ovh, SAS, domiciled at SAS OVH – 2 rue Kellermann BP 80157 59100 Roubaix, which can be reached at 1007.
1.3. The director of the publication is a natural person.
1.4. The Site offers the Client the possibility of purchasing decorative resin sculptures.
1.5. Before any use of the Site, the Customer must ensure that he has the technical and computer means to use the Site and to order the products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE GVC’S
2.1. The purpose of these GCS is to define all of the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Product Order placed on the Site by the Client.
2.2. The Client declares that he has read and accepted these GCS before placing his Order.
2.3. Validation of the Order therefore implies acceptance of these Terms and Conditions of Sale. Clicking on the Order validation button implies full acceptance of these Terms and Conditions of Sale, this click having the value of a digital signature. These are regularly updated, the applicable GCS are those in force on the Site on the date the Order is placed.
2.4. 2.4. Any condition to the contrary imposed by the Client would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these GTC cannot be interpreted as a waiver of the right to avail itself of any provision of these GTC at a later date.
3. ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time and these conditions of use may be modified or supplemented at any time without notice, so users of the designartvagner.com site are invited to consult them regularly.
3.1. On the product page the customer can find the period of time during which, or the date until which, the spare parts required for the use of the product are available on the market.
3.2. The products offered for sale are described and presented as accurately as possible. Nevertheless, a minor variation in the colour of the product(s) does not engage the responsibility of The Company and does not affect the validity of the sale. The photos, descriptions and prices of the products are not contractual, each model is unique and the colours vary in intensity and location for each sculpture.
3.3. The Client selects the product(s) he wishes to purchase and can access the summary of his Order at any time.
3.4. The summary of the Order presents the list of the product(s) that the Client has selected, and includes any additional costs such as the delivery price in addition to the price of the product(s) in the Order. The Customer may modify his/her Order and correct any errors before accepting the Order.
3.5. 3.5. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the GCS validation box and then clicking on the Order validation icon. The words ”Order with obligation to pay” or a similar unambiguous wording shall appear next to the Order confirmation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.6. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and is irrevocably binding on them.
3.7. After validation of the Order and in order to proceed with payment, the Client shall enter the contact details to which he wishes to obtain delivery of the product(s) ordered, and the invoicing details if different. The delivery process for the product(s) ordered is described in ARTICLE 5 of these GCS.
3.8. The information requested when registering your full identity must be real and serious, in the event of failure to comply with this obligation, no refund will be made by Design Art Vagner.
3.9. Design Art Vagner will then send you an Order confirmation by email, including the details of your Order summary and the delivery and, where applicable, billing addresses provided. Provided that the e-mail address indicated in the form does not contain any errors.
3.10. After having validated his delivery and, where applicable, invoicing details, the Customer shall proceed with the payment of his Order in accordance with the methods specified below.
4. PRICE AND TERMS OF PAYMENT OF THE ORDER
4.1. Prices are mentioned on the Site in the product descriptions, in euros and all taxes included. Design Art Vagner may modify its prices at any time, however the total price indicated in the order confirmation by DESIGNARTVAGNER.COM is the final price for the buyer. This price includes the price of the article(s), packaging costs, transport costs for Spain. For all countries of the European Union, the value added tax (VAT) is included in the price of the products, in accordance with European agreements. No additional customs duties or value added tax will be payable. For the rest of the world, value added tax and other customs duties and transport costs may be added to the price indicated by DESIGNARTVAGNER.COM and remain the responsibility of the recipient.
4.2. The total amount is indicated in the summary of the Order, before the Client accepts these GCS, validates his Order, fills in and validates his delivery and, if applicable, invoicing details and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. The Order for products on the Site is payable in euros. Payment in full must be made by the Customer by credit card on the day of the Order, unless special conditions of sale are expressly accepted by the Customer and the Company.
4.4 In the event of payment by credit card, the Site uses the redsys security system, a service provider specialising in online payment security. This system guarantees the Client the total confidentiality of his banking information. The bank card transaction, carried out between the Customer and the secure system is therefore entirely encrypted and protected. The Client’s bank details are not stored electronically by the Company.
4.5. The Client guarantees the Company that he has the necessary authorisations to use the payment method when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. DELIVERY
5.1. The product(s) offered on the Website may be delivered to Spain, metropolitan France or any other destination, please contact our sales department at the following address: info@designartvagner.com to study the most suitable delivery method according to the destination.
5.2. The Company undertakes to deliver the product(s) within a period not exceeding 30 days, subject to availability, from the date of the Order.
5.3. The Customer is informed by email, when his Order is ready, of its dispatch. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of placing the Order under the conditions specified in article 3.8 of the present General Terms and Conditions of Sale.
5.4. The Customer must ensure that the information provided in article 3.8 of these GCS is correct, and that it remains so until complete delivery of the product(s) ordered. The Client therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the Customer Service email address without delay. Failing this, in the event of a delay and/or error in delivery, the Client may under no circumstances engage the Company’s liability in the event of non-delivery, and the Company’s Customer Service Department will contact the Client for a second delivery at the Client’s expense.
5.5. The Company shall also not be liable if the non-receipt of the products is due to the actions of a third party outside its intervention or in the event of theft.
5.6. If the Order is returned due to the Client’s absence, the Company’s Customer Service Department will contact the Client for a second delivery at the Client’s expense.
5.7. The Client may track the delivery of his Order by contacting the Client Service department whose number appears in ARTICLE 6 of these GCS.
5.8.Delivery problem due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products…) must be indicated on the delivery note in the form of a “handwritten reserve”, accompanied by the customer’s signature.
5.9. 5.9. Important: recommendations to be respected during the delivery of your package.
Open the package and check the product before signing the delivery note (paper or electronic). Do not be intimidated by the delivery man, refuse the package if he does not give you the opportunity to check it. Refuse any damaged product and note on the delivery note “REFUSAL FOR DAMAGE”.
ATTENTION: The words “subject to unpacking” or “packaging in good condition” are not valid in the event of a dispute. Refuse any product that does not conform to your order (model, colour, size). No claim will be accepted in case of non-respect of these recommendations.
At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims.
The consumer must send a copy of this letter to the address of the seller’s website. Without this report, we will not proceed with any exchange.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or complaint, the Client should contact, as a priority, the Company’s Customer Service Department, so that the latter can try to find a solution to the problem.
6.2. The Company’s Customer Service Department is available from 10:00 am to 6:00 pm Monday to Friday using the following contact details:
– Telephone +34 603 848 959
– email: info@designartvagner.com
– mail: Partida Madrigueres Sud b69, Denia, Spain
6.3. Possible delays in delivery do not give the buyer the right to cancel the sale,
to refuse the goods or to claim damages.
6.4. Conforming delivery
For information, orders that arrive at the customer’s premises in conformity (without breakage, colour and product identical to the order) but refused on delivery and returned to our services by the carrier will be subject to a flat-rate invoice including return delivery and packaging costs to be paid online.
7. LEGAL AND COMMERCIAL GUARANTEES
All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: ”The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was the responsibility of the seller under the contract or was carried out under its responsibility ”.
Article L.217-5 of the French Consumer Code: ” The goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
– If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter ”.
Article L.217-12 of the French Consumer Code: ”Action resulting from the lack of conformity is time-barred after two years from the delivery of the goods”.
Article 1641 of the Civil Code: ”The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them”.
Article 1648 of the Civil Code, first paragraph: ”Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
If a Client believes that he has received a product that he considers to be defective or non-compliant, he must contact the Company as soon as possible after receiving the Order at the following e-mail address: info@designartvagner.com, or by registered mail with acknowledgement of receipt at the following address: Partida Madrigueres Sud b69, 03700 Denia, Spain, specifying the defect or non-conformity in question.
It shall be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Client must give the Company every facility to proceed with the discovery of these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Company, the Company will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to replace the product for which the Company would have been led to note the lack of conformity or the defect.
In the event that it is impossible to exchange the product, the Company shall be obliged to reimburse the Client within fourteen days of receipt of the product. Reimbursement will be made on the Company’s proposal by crediting the Client’s bank account, the Client may opt for another method of reimbursement than the one proposed.
8. OBLIGATIONS OF THE CLIENT
8.1. The Customer undertakes to comply with the terms of these GCS.
8.2. The Client undertakes to use the Site in accordance with the Company’s instructions.
8.3. The Client agrees to use the Site only for its own personal use, in accordance with these GCS. In this respect, the Client agrees to refrain :
– Use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GCS.
– To sell, copy, reproduce, rent, lease, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
– Attempt to obtain unauthorised access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
– To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorised access to the Site.
– To infringe the Company’s intellectual property rights and/or to resell or attempt to resell the products to third parties.
– To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.
8.4. If, for any reason whatsoever, the Company considers that the Client does not comply with these Terms and Conditions of Sale, the Company may at any time, at its sole discretion, withdraw its access to the Site and take any measures, including any civil and criminal legal action against it.
9. RIGHT OF RETRACTION
9.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty.
9.2. In order to exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw by means of an unambiguous statement, without having to justify his reasons. The Client may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address Partida Madrigueres Sud b64,03700 Denia, Spain or by e-mail to info@designartvagner.com .
9.3. In the event that the Client notifies the Company of his decision to withdraw, regardless of the means used, the Company will immediately send him an acknowledgement of receipt of the withdrawal on a durable medium (in particular by email).
9.4. The Client must return the product(s) in the same condition as that in which he or she received it(them), and with all packaging, accessories and instructions (even if the product(s) has or have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address Partida Madrigueres Sud b64, 03700 Denia, Spain. In accordance with the law, the Customer shall bear the cost of returning the product(s).
9.5. In the event of the Client’s withdrawal, the Company shall reimburse the product(s) that is/are the subject of the right of withdrawal by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client. Reimbursement shall be made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Client’s decision to withdraw from the Order.
9.6. In accordance with article L.221-23 of the French Consumer Code, the Client is informed that it is only liable to the Company for any depreciation of the product(s), returned following the exercise of its right of retraction, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this/these good(s).
10. RESPONSIBILITY
10.1. The Company implements all measures to ensure that the Client is supplied with quality product(s) under optimum conditions. However, the Company may not be held liable for any failure to perform or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party not party to the contract, or to a case of force majeure. More generally, if the Company’s liability were to be engaged, it could under no circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.
10.2. The Site may contain links to other sites that are not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.3. The establishment of such links or reference to any information, articles or services provided by a third party cannot and may not be interpreted as an express or tacit approval by the Company of these sites and elements or their content.
10.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.
10.5 It is expressly stipulated that the Company may not be held liable, in any way whatsoever, in the event that the computer equipment or electronic mail of the Clients rejects, for example due to an anti-spam filter, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary or the dispatch follow-up e-mail.
10.6. The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
11. SECURITY
The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. Nor may the Client harm or hinder the Company’s information system. Failing this, the Company may take any measure against him/her and in particular engage his/her criminal liability under articles 323-1 and following of the Penal Code.
12. INTELLECTUAL PROPERTY
12.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
12.2. The name and trademark, logos, drawings and models, stylised letters, figurative trademarks and all the signs represented on this Site are and will remain the exclusive property of the Company.
12.3. No title or right whatsoever to any element or software will be obtained by downloading or copying elements of this Site. It is strictly forbidden for the Client to reproduce (other than for his personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work on this Site and the elements and software it contains, or sell or participate in any sale in connection with this Site, the elements of this Site or any software related thereto.
12.4. The Company grants the Client a non-exclusive licence to use the Site. This licence is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of use of the Site.
12.5. Any use by the Client of company names, trademarks and distinctive signs belonging to the Company is strictly prohibited except with the express prior agreement of the Company.
13. NEWSLETTER
13.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
13.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, the Client agrees to receive commercial offers from the Company for products similar to those ordered.
13.3. Customers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
14. APPLICABLE LAW AND JURISDICTION
14.1. These GTC are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
14.2. In the event of a dispute that may arise in connection with the interpretation and/or execution of these GCS or in relation to these GCS, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
14.3. The Client may go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all of the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.
14.4 In the event that this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
