General conditions of sale (updated 18/09/2022)
The following General Terms and Conditions of Sale (hereinafter "GTC") apply to all commercial relations between Gaël Rouxeville, visual artist, 25 Saint Léon, 220460 Merléac, France (hereinafter "Gaël Rouxeville") and the customer, in the version respectively in force. Customers can be both professionals and consumers. Within the meaning of these GTC, a consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. Within the meaning of these GTC, a professional is a natural or legal person, whether public or private, who acts, including through another person acting in his name or on his behalf, for the purposes which fall within the framework of his commercial, industrial, artisanal or liberal activity.
The presentation of the works in the online gallery constitutes only a non-contractual electronic catalog. By clicking on the "Buy" button, the customer agrees to order the goods contained in the shopping cart. An order confirmation is made immediately after the order has been sent. The sales contract will only be considered concluded with our separate order confirmation. The text of the contract is saved. The order data as well as the General Terms and Conditions are sent to the customer by e-mail.
By ordering in the online store, the customer goes through the following technical steps: Click on the "Checkout" field in the displayed shopping cart
Redirection to the order summary page, on which the different purchase steps take place
Step 1: Enter the "billing address" then "continue";
Step 2: Select the delivery method then "continue"
Step 3 Selection of the "payment method" (by clicking on the desired payment method then "continue")
Step 4 In the case of a payment by credit card (Stripe) enter the payment information of the credit card. Validation of the order by clicking on the button "Finalize the order" The customer accesses each of these order steps via the usual functions of his Internet browser
§ 2 Delivery
When the customer is a professional, the delivery is systematically carried out at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold, also in mail order purchases, only passes to the customer when the goods are handed over. The transfer of risks takes place upon delivery, even when the customer is late in receiving the goods. The goods are delivered to the delivery address indicated by the customer. The prices are cash prices (not subject to VAT), plus any packaging and transport costs. In the event of delivery to foreign countries (outside the EEC), additional taxes and customs duties may be invoiced to the customer by the competent services. Upon receipt, the goods must be immediately submitted for examination by the customer or his representative, in order to ascertain any damage that has occurred during transport. Upon receipt, the customer must report and have the transport company confirm in writing the visible damage as well as the packaging damaged during transport. Any subsequent complaint may be considered null and void.
§ 3 Statutory right of withdrawal
Right to retract Insofar as the customer is a consumer, and is domiciled in a member state of the EEC, he has the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party appointed by him and not constituting the carrier, has received the last goods. To exercise this right of withdrawal, the customer must inform us (Gaël Rouxeville, 25 Saint Léon, 22460 Merléac, France, telephone: +33-628-525-243, e-mail: email@example.com), by means of an unequivocal notification (eg by post or e-mail) of its decision to withdraw from this contract. To do this, he can use the standard withdrawal form provided by the French state (link: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397) which, however, is not mandatory. The withdrawal period is respected when the customer sends his notification of withdrawal before the expiry of the required period.
Consequences of withdrawal
If the customer withdraws from this contract, we are obliged to refund immediately, at the latest within fourteen days from the day on which we received the notification of revocation of this contract, all payments, including shipping costs ( with the exception of additional costs resulting from the customer's request for a method of delivery other than the cheapest standard delivery offered by us) that we have received from the customer. For this reimbursement, we use the same payment method used by the customer in the original transaction, unless expressly agreed otherwise; under no circumstances will fees be charged to the customer as part of the refund. We can refuse reimbursement until we have returned to possession of the goods. In all cases, the customer is obliged to return or hand over the goods to us no later than fourteen days after the day on which he notified us of his withdrawal from the contract. This deadline is respected when the customer sends the goods before the expiry of the fourteen-day period. The costs of returning the goods are the sole responsibility of the customer, who may use the carrier of his choice. The responsibility of the customer is engaged with regard to a possible depreciation of the goods resulting from manipulations other than those necessary to ensure the nature and the good functioning of the goods. Similarly, the responsibility of the customer is engaged with regard to any depreciation of the goods resulting from the return (defect of packaging, error of address, etc.). In this respect, the customer is strongly advised to use quality packaging (for example the initial packaging if it is in good condition), and to take out appropriate insurance with the carrier.
Exclusion of the right of withdrawal
The right of withdrawal does not apply in the event of:
delivery of goods that are not prefabricated and made to the consumer's specifications or explicitly to meet the consumer's personal needs,
delivery of sealed goods which cannot, for reasons of hygiene or health protection, be returned once they have been unsealed after delivery,
delivery of audio or video recordings or software in sealed packaging when the packaging has been unsealed after delivery,
delivery of newspapers, periodicals or illustrated, with the exception of subscription contracts.
§ 4 Copyright
The goods sold being a work of the mind, the sale is, de facto, affected by the question of copyright. The conclusion of the sale does not in any way imply transfer of copyright, it being understood that a transfer or license of copyright must be recorded in a separate contract. It is therefore agreed that Gaël Rouxeville remains the owner of all his copyrights, including the right to reproduce the work in any form and by any means, as well as the right to communicate the work publicly in a form not material and this, for all countries and for the duration of the copyright. Notwithstanding the foregoing, the customer is the legal owner of the physical work, once the sale is concluded. Also the client may photographically reproduce the work for personal record and insurance purposes only. Gaël Rouxeville declares and warrants that he is the first copyright holder of the work and that it is his original creation.
§ 5 Compliance & Legal Warranties
If the customer is a consumer, he has a period of two years from delivery of the goods to act. He can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 211-9 of the code of consumption. The legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code. For any commercial guarantees, please consult the Gaël Rouxeville website. If the customer is a professional, a minor defect does not give rise to take-back rights. Gaël Rouxeville has the choice of the mode of execution of the repair or compensation, the limitation period does not start to run again if the replacement delivery is carried out within the framework of the legal liability for defects. If the customer is a professional, the limitation of liability clauses and the aforementioned prescription periods do not apply to the obligations for damages and reimbursement that they may assert in accordance with the legal provisions relating to product defects within the meaning of § 8. If the goods are delivered with obvious transport damage, the consumer customer is asked to claim these defects from the carrier and to inform Gaël Rouxeville as soon as possible.
§ 6 Due Date and Terms of Payment
Gaël Rouxeville's invoices are - unless otherwise agreed in writing - payable immediately and without deduction. Payment is made by prepayment, by credit card (STRIPE) or by bank transfer. Orders are only shipped after receipt of payment. Gaël Rouxeville reserves the right to refuse checks or other means of payment. Acceptance is only for payment. Payments in foreign currencies are credited according to the bank statement. Bank charges are the responsibility of the customer. If the customer is in arrears with the payment of the purchase price, the purchase amount will be increased during the arrears by five percent above the respectively valid base interest rate. In the event that the Gaël Rouxeville company is able to prove additional damage due to the delay, it would then be entitled to assert the latter.
§ 7 Liability
Gaël Rouxeville is liable to his client for damages or reimbursement of expenses for any breach of contractual, quasi-contractual, legal or tort obligations as follows: Under the legal provisions, Gaël Rouxeville remains entirely responsible: in the event of criminal intent or gross negligence, in the event of willful or negligent injury to life, bodily integrity or health, as part of a warranty promise unless otherwise provided, in the context of mandatory product liability. In the event of breach by Gaël Rouxeville of an essential contractual obligation, its liability is limited to the foreseeable damage at the time of the conclusion of the contract, unless unlimited liability applies in accordance with the provisions of § 8.1. Essential contractual obligations are obligations that the contract imposes on Gaël Rouxeville in order to achieve the objective of the contract and compliance with which is essential to the proper performance of the contract and compliance with which the client is entitled to rely. Apart from the cases provided for above, any liability of Gaël Rouxeville is excluded. The above regulation on liability also applies to the liability that Gaël Rouxeville incurs for its vicarious agents or for its representative.
§ 8 Mediation procedure
The consumer has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other method of dispute resolution.
§ 9 Applicable law, jurisdiction
The sale is deemed concluded on French territory. If the customer is a consumer, any legal relationship between the contracting parties is subject to French law. If the customer is a professional, any legal relationship between the contracting parties is subject to French law, to the exclusion of the international commercial law of the United Nations, and the competent jurisdiction for any dispute in connection with this contract is exclusively that of the principal residence or the registered office of Gaël Rouxeville.
§ 10 Final provision
If some of these provisions could not - for whatever reason - be executed, the validity of the other provisions would not be affected.