TERMS AND CONDITIONS
Last updated date: March 15, 2021
Article 1 - LEGAL NOTICE
This site, accessible at the URL www.secondhome-art.com (the " Site "), is published by :
SAS The Second Home, a company with a capital of 1000 euros, registered with the RCS of Nantes under the SIRET number 87813955900024 whose head office is located at 7 bis rue de la Vinalière 44850 Le Cellier represented by Alexis Geffroy, duly authorized,
(Hereinafter referred to as the " Operator ").
The Operator's individual VAT number is : FR54878139559 .
The Site is hosted by the company OVH, located 2 rue Kellermann 59100 Roubaix, telephone number 09 72 10 10 07
The Site's publication director is Alexis Geffroy
The Operator can be reached at the following email address firstname.lastname@example.org
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the " General Conditions of Sale " or the " GTC ") are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GTC are made available to customers on the Site where they can be viewed directly and can also be communicated to them on request by any means.
The GTC are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 - PRODUCT DESCRIPTION
The Site is an online sales site which aims to market posters, works of art and derivative products (hereinafter the " Products ") open to any natural or legal person using the Site (the " Customer ”).
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site by a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appears on the Site or is sent at the latest on delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.
Article 4 - ORDERS
The Operator strives to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product turns out to be unavailable after the Customer has ordered, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :
● the delivery of a Product of a quality and a price equivalent to that initially ordered, or
● reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
With the exception of any indication to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and possible costs of delivery and withdrawal prior to payment of his order. Confirmation of the order implies acceptance of the GTC and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the time of delivery at the latest. The Operator strongly advises the Customer to print and / or archive on a reliable and durable medium this order confirmation as proof. The Operator also advises the Customer to print and / or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer used to confirm his order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
● The Customer would not respect the General Conditions in force when ordering;
● The Customer's order history shows that sums remain due for previous orders ;
● One of the Customer's previous orders is the subject of a pending dispute ;
● The Customer did not respond to a request for confirmation of his order that the Operator sent him.
The Operator archives the Product sales contracts in accordance with applicable legislation. By making a request to the following address email@example.com , the Operator will give the Customer a copy of the contract that is the subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the Operator's liability can in no way be sought in the event that an error when placing the order would prevent or delay delivery / delivery.
The Customer declares to have full legal capacity allowing him to engage under these General Conditions.
Registration is open to able-bodied adults and minors on condition that they intervene under the supervision of the parent or guardian with parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of failure by the Customer to one of the provisions hereof, the Operator reserves the right to terminate the order of said Customer without notice.
Article 5 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
The Operator uses the Stripe online payment solution.
Orders can be paid using one of the following payment methods :
● Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the data of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the sums due will result in the immediate nullity of the sale.
The bank card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
● Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order in complete security without providing his bank details.
Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for purposes other than these.
Article 6 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 7 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I confirm my delivery”, then he acknowledges accepting these T & Cs before clicking on the “I pay” button, finally he validates his order after having filled in his bank details. The " double click " is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
● delivery of a Product that does not conform to the declared characteristics of the Product;
● delivery exceeding the deadline fixed in the order form or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same terms and without result, to make the delivery within a reasonable additional time;
● a price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the Operator in the event of:
● refusal of the buyer to take delivery;
● non-payment of the price (or the balance of the price) at the time of delivery.
Article 8 - RETENTION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 9 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers the following delivery methods : Colissimo.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order .
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the deadline provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been refused beforehand.
However, if one or more Products could not be delivered within the period initially announced, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address contains no errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a PO box.
On delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.
Article 10 - RIGHT OF WITHDRAWAL
If a delivered Product does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. Of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form] .
The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator :
● name, geographic address, telephone number and e-mail address;
● decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form, but this is not mandatory.
Return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
● supply of goods made to the consumer's specifications or clearly personalized;
● supply of goods liable to deteriorate or expire rapidly;
● supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
● supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 11 - CUSTOMER SERVICE
The Customer can contact the Operator by email by sending you to firstname.lastname@example.org indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 12 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, regardless of the means and / or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 13 - LIABILITY AND GUARANTEE
The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party herein.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates or technical improvements, or to change the content and / or their presentation.
The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and his behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defense.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
● you have a period of two (2) years from the delivery of the goods to act:
● you can choose between repairing or replacing the item, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
● you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).
You can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, article 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:
“ The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Art. L.217-5 of the Consumer Code:
" The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Art. L.217-7 of the Consumer Code:
" The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "
Art. L.217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ”.
Art. L.217-12 of the Consumer Code:
“ The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Art. 1641 of the Civil Code:
" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "
Art. 1644 of the Civil Code:
“ In the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. "
Art. 1648 paragraph 1 of the civil code:
“ The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. "
It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 14 - PERSONAL DATA
Article 15 - HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, as the case may be, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and / or the content applicable to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and / or the content of these third-party sites.
The Site may also contain promotional hypertext links and / or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to notify him of any hypertext link on the Site which would allow access to a third-party site offering content contrary to the laws and / or morality.
The Customer may not use and / or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 16 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Conditions were declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not invoke a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part to to avail oneself in the future of such a failure.
MODIFICATIONS OF CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and / or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and / or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you should first contact email@example.com
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By contracting on the Site, the Customer confirms having read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which may be made by the Operator does not apply. 'will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.