Artistic creation in the plastic arts
17 rue de Loch Conan 29530 LANDELEAU,
SIRET 878 823 368 000 13,
TERMS OF SALES
Applicable from 08/20/2021
Article 1 – Scope and enforceability
These general conditions of sale (hereinafter “General Conditions of Sale”) apply automatically to any professional or consumer Client (hereinafter referred to as “Client”) wishing to acquire the Works offered on the site https: / /www.jy-artiste.fr/.
When making the reservation and / or the actual purchase of one or more Works on the site https://www.jy-artiste.fr/, the Customer will be asked to read and accept these T & Cs. He will confirm this awareness and acceptance of the T & Cs by checking the box “I have read and accept the General Conditions of Sale”. The action of checking the said box by the Customer implies the full and unreserved acceptance by the latter of all of these General Terms and Conditions of Sale.
No sale of a Work on the site https://www.jy-artiste.fr/ will be considered by the Seller without acceptance of these T & Cs.
As a result, the Customer waives the right to invoke any contradictory document and, in particular, his own general conditions of purchase, the act of purchase requiring acceptance of these GTC.
These T & Cs are enforceable against Customers of the site from the moment they are put online and cannot be applied to transactions concluded previously.
The Seller reserves the right to cancel or refuse, without delay, any order / reservation which it deems to be contentious or fraudulent and / or any order / reservation by a Customer with whom there is a past or current dispute of any kind.
These conditions can be modified at any time by the Seller without notice.
The Consumer Customer acknowledges having had communication, prior to placing his Order and concluding the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in article L.221- 5 of the Consumer Code, and in particular the following information:
• the essential characteristics of the Works,
• the price of the Works and ancillary costs (delivery, for example),
• in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the Works under the conditions of Article 7 below,
• information relating to the identity of the Seller,
• information relating to legal and contractual guarantees and their implementation methods.
Article 2 – Definition
• “CGV”: General Conditions of Sale
• “Seller”: the author of the work, namely Yann JETTAIN
• “Customer”: any natural or legal person, professional or consumer as defined by the preliminary article of the Consumer Code,
• “Contract”: contractual group formed by the Order and these General Conditions of Sale;
• “Work”: Any work of art presented on the site https://www.jy-artiste.fr/ with a description enabling the Customer to know its essential characteristics (authors, dimensions, support, etc.) as well than its price
• “Order”: any order relating to one or more Work (s), and accepted by the site https://www.jy-artiste.fr/, accompanied by payment of the deposit that may be provided on the order form.
Article 3 – Price
The price of the Works is that indicated on the corresponding product sheet. The price is expressed in Euros, excluding taxes and all taxes included.
The Works ordered will be invoiced on the basis of the price in effect at the time of validation of the Order.
The current rate is firm and cannot be revised during its period of validity. However, this price may be revised at any time by the Seller. Any price change will automatically apply on the date indicated on the new price list.
If the Buyer orders a Work on the Seller’s site, to a country other than Metropolitan France, he acknowledges being the importer of said Work.
In the context of a purchase intended for a country outside the European Union, all charges, possible local taxes, or customs duties, are then not the responsibility of the Seller and will be the responsibility of the Buyer. It is his responsibility to inform himself about the import conditions and to declare his purchase to the authorities of his country.
Article 4 – Order
The Seller does not have any stock, each order being the subject of special treatment.
The reservation and / or purchase of a Work on the website goes through a procedure in several stages:
4.1 – Selection
The Customer can add to his basket one (or more) Work he wishes to acquire by clicking on the “Add to basket” icon accessible on the presentation page of the Work.
The placing in the basket does not constitute a reservation of the Work, therefore, the Seller is released from any liability in the event that a third-party buyer on the site reserves the Work in the interval between the placing in the basket by the Customer and his reservation under the conditions defined below and that it would therefore no longer be available for sale.
The basket remains accessible and modifiable at any time when the Customer connects to the site https://www.jy-artiste.fr/, by clicking on the “Basket” icon in the “My Account” section at the top of right of the site.
4.2 – “Cart” page
In the basket, the Customer can select the Works he or she actually wishes to buy by deleting the unwanted Works and can continue ordering the Works by clicking on the “Confirm order” icon.
4.3 – “Order” page
a) Completion of the customer file
The Customer already has a customer account
In order to finalize his order, the Customer who already has an account must log in by clicking on the “Already customer?” Icon. Click here to log in ”and by completing his login details.
The Customer does not have a customer account
The Customer must complete the fields in “Billing details”
The Customer may choose to have their order shipped to a different address by checking “Ship to a different address” and filling in the corresponding mandatory fields. Otherwise, the billing address will be used as the delivery address.
In order to be able to connect to the site at a later date via a customer account, the Customer can at this stage check the “create an account” box and will be redirected to a page where he will be asked to create his username and password. Once this information has been entered, the Customer can continue with his order.
The Customer may at any time access his personal information and modify it in accordance with the provisions of Article 13 of these General Conditions of Sale.
b) Summary of the order and choice of payment method
The Customer will then take note of the summary of his order, the delivery method as well as the amount of the related delivery costs, if applicable, which will be subject to a re-evaluation according to the country of delivery indicated by the Customer in order, and may select the desired payment method.
Once the payment method has been selected and subject to acceptance of the GTC under the conditions below, the Buyer can validate his order and the final applicable price (price of the Work and final delivery costs) by clicking on the “ORDER” icon.
By clicking on this icon, receipt of the order will be subject to automatic confirmation of receipt by sending an email to the Buyer.
c) Acceptance of the GTC
- In order to be able to validate the order and access, if applicable, the chosen payment method, the Buyer must check the box “I have read and accept the General Conditions of Sale”. These T & Cs are accessible on all the pages of the Gallery site at the bottom of the page by clicking on the “T & Cs” tab as well as by clicking on the hypertext link inserted in the words “I have read and I accept the Conditions General Sales ”.
4.4- Unavailability of the Work
On the Site, the change of status of a Work from “available” to “reserved” will occur automatically when paying by credit card online.
The reservation of the Work will thus be impacted by the change of status of the Work on the presentation page of the corresponding Work preventing any other reservation by third-party buyers until the final payment of the Work for a period of time. maximum of 7 days.
However, in the event that prior to receipt by the Seller of an order under the aforementioned conditions, the Work has already been the subject of a prior order under the conditions required by another customer, the Customer will receive an e-mail from the Seller notifying him of the unavailability of the Work and the non-consideration of his reservation / order, the Seller being released from all responsibility in the event of unavailability of the Work.
The Seller will reimburse the sums paid within 7 (seven) working days without the Customer being able to claim any compensation of any kind.
4.5- Order packaging
All orders will be handed in or delivered with invoice and certificate of authenticity and packed in protective packaging.
Article 5 – Payment
5.1 Means of payment
Payments can be made by:
• Bank transfer
Payments made by the Customer will only be considered final after actual receipt of the sums due, by the site https://www.jy-artiste.fr/.
The Seller reserves the right not to offer one or more of the above payment methods, for any legitimate reason, particularly in the event that the payment partner no longer offers the service in question.
5.2 Late payment
• If the Customer has the quality of consumer:
Any delay in payment and payment of sums due by the Client beyond the agreed due dates, will generate a late payment penalty calculated on the basis of the legal interest rate in force on the due date, at from the day following the due date, until the date of actual payment.
This penalty is acquired automatically and automatically from the Seller, without any formality or prior notice and will result in the immediate payment of all the sums due by the Customer, without prejudice to any other action that the Seller would be entitled to. ” sue, as such, against the Customer.
In addition, THE SELLER reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of Orders in progress made by the Customer.
No additional costs, greater than the costs borne by THE SELLER for the use of a means of payment may be billed to the Customer.
• If the Customer is not a consumer:
Any delay in payment and payment of sums due by the Client beyond the agreed due dates will generate a late payment penalty calculated on the basis of an interest rate equal to three (3) times the interest rate. legal interest in force on the due date of the invoice concerned and this from the day following the payment date as determined according to the aforementioned period until the date of actual payment. This penalty is automatically and automatically acquired by THE SELLER, without any formality or prior notice.
In the event of non-compliance with the terms of payment appearing above, THE SELLER further reserves the right, according to its choice, to reduce or cancel any discounts granted to the Customer and to suspend or cancel the delivery of Pending orders from said Customer.
Unless the express, prior and written agreement of THE SELLER, and provided that the reciprocal debts and debts are certain, liquid and payable, no compensation may be validly effected between possible penalties for delay in delivery or non-compliance of the Works ordered. by the Client on the one hand, and the sums due, by the latter, to the SELLER, for the purchase of said Works, on the other hand.
Finally, a lump sum compensation for recovery costs, in the amount of 40 euros will be due, as of right and without prior notification by the Customer in the event of late payment. THE SELLER reserves the right to ask the Customer for additional compensation if the recovery costs actually incurred exceed this amount, on presentation of supporting documents.
Unless otherwise stated on the invoice and / or Purchase Order, no discount is granted for early payment on a date prior to the delivery date appearing on the Purchase Order or any other document proving acceptance by THE SELLER.
Article 6 – Terms and conditions of delivery of the Works
6.1 Delivery of the Works
Delivery is made to the place indicated by the Customer.
The Seller does not ship framed work.
6.2 Verification of the Works
It is the Customer’s responsibility to check the shipments on arrival of the Work (s) and to make any reservations and complaints that appear justified.
Said reservations and complaints must be sent to the SELLER by email and / or post within 3 working days of delivery of the Works. In this writing, the Customer must provide any justification as to the reality of the anomalies observed.
6.3 Retention of title
The transfer of ownership of the Works is suspended until full payment of the price thereof by the Client, in principal and accessories, even in the event of granting of payment terms.
By express agreement, the Seller may exercise the rights he holds under this retention of title clause, for any of his claims, on all of his Works in the possession of the Customer, the latter being conventionally presumed to be those unpaid, and the Seller may take them back or claim them as compensation for all its unpaid invoices, without prejudice to its right to cancel current sales.
The Professional Client is authorized, within the framework of the normal operation of his establishment, to resell the Works delivered. But he can neither give them as a pledge, nor transfer the property as a guarantee. In the event of resale, the Customer undertakes to immediately pay the Seller the part of the price remaining due.
The Seller may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of his Works in the possession of the Professional Client, who already undertakes to give free access to his warehouses, stores or others for this purpose, ensuring that the identification of the Seller’s Works is always possible.
In the event of the opening of receivership proceedings or the liquidation of the goods of the Professional Client, the Orders in progress will be automatically canceled, and the Seller reserves the right to claim the Works in stock.
6.4 – Transfer of risk
• If the Customer has the quality of consumer:
The risks of loss and deterioration of the Works as well as the damage they may cause are transferred to the Client from the date on which the Client takes possession of the Works.
As an exception, if the Customer entrusts the delivery of the Product to a carrier other than that offered by the Seller, the risk of loss or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.
• If the Customer is not a consumer:
The risks of the Works are transferred to the Professional Client upon delivery to the latter, notwithstanding any retention of title clause.
From the delivery, the Professional Client is made the custodian and custodian of said Works.
Article 7 – Delays in delivery
• If the Customer has the quality of consumer:
In the event that the Seller fails to fulfill its obligation to deliver no later than 14 days after the conclusion of the Contract (except for additional periods expressly indicated by the SELLER to the Client), the Consumer Client may terminate the Contract, under the conditions provided for in Articles L. 216-2 and L. 216-3 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, THE SELLER of make the delivery within a reasonable additional period, the latter has not been executed within this period.
The Contract is considered to be terminated upon receipt by THE SELLER of the letter or writing informing it of this termination, unless THE SELLER has performed in the meantime.
• If the Customer is not a consumer:
The Seller strives to respect a period of 4 to 6 weeks for the delivery of Orders received, depending on the reference logistics period in the profession, except in cases of force majeure assimilated as defined in article 9 below. .
Delays in delivery cannot give rise to any penalty or compensation, nor to justify the cancellation, termination or resolution of the Order. Penal clauses appearing on Customers’ commercial papers are unenforceable against the Seller.
The execution times appearing in an Order are accepted by the Seller and are only binding on the Customer’s compliance with the terms of payment and payment of any down payments.
Article 8: Right of withdrawal of 14 days
In application of article L.121-21 (law of March 17, 2014 relating to consumption) of the consumer code, the consumer customer has a period of 14 days from the delivery of the Work to formulate his right of withdrawal from the Seller by e-mail to the e-mail address sent as part of the e-mail notifying the receipt of payment and the finalization of the order or by registered mail with acknowledgment of receipt (date of dispatch being proof) to the following address: 17 rue de Loch Conan 29530 Landeleau, and to request an exchange with a Work of equivalent value and / or a refund.
The Work must be returned in its original packaging and in perfect condition within 7 days of delivery. The Work will therefore travel at the risk and peril of the Client.
The return costs will be the sole responsibility of the Customer.
Works returned damaged or soiled by the Customer (fingerprints or traces of any other nature) will not be taken back and / or reimbursed.
The exchange, subject to availability, or the refund will be made within 30 days of receipt by the Seller of the returned Work in perfect condition.
Article 9 – Force majeure
Are considered as force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes it completely impossible to fulfill obligations.
In such circumstances, the Seller will notify the Customer in writing, in particular by fax or e-mail, within 24 hours of the date of occurrence of the event (s), the Contract between the Seller and the Customer then being suspended by operation of law without compensation, from the date of occurrence of the event.
If the event were to last more than 30 days from the date of its occurrence, the Sales Contract concluded by Works and its Client may be terminated by the most diligent party, without either party being able to claim damages.
This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt denouncing the said Sales Contract.
Article 10 – Guarantees
The Works supplied by THE SELLER benefit as of right and without additional payment, in accordance with the legal provisions:
• the legal guarantee of conformity, for Works that are apparently defective, damaged or damaged or do not correspond to the Order or to the immediate purchase,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Works and rendering them unfit for use,
It is recalled that within the framework of the legal guarantee of conformity, the consumer Customer:
• has a period of two years from the delivery of the goods to take action against the seller;
• may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product, except for second-hand goods, the period of which is extended to six months (art. 217- 7 of the Consumer Code)
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
Any Customer, regardless of his quality, may decide to implement the guarantee against hidden defects of the Product in accordance with 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 1644 of the Civil Code.
In order to assert his rights, the Customer must inform THE SELLER, in writing, of the non-conformity or defect of the Works within the above-mentioned deadlines and return the Works concerned in the state in which they were received with the all the elements (packaging, instructions, etc.).
In the event that the warranty claim is based on the existence of a hidden defect in the material, component and / or manufacturing, THE SELLER may carry out a check. If the Product proves to be defective under normal use, following defects in material, component and / or workmanship, THE SELLER will reimburse, replace or have repaired the Works (as far as possible) under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Works deemed non-compliant or defective will be made as soon as possible.
The refund will be made by crediting the Customer’s bank account.
Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of force majeure.
Article 11: Intellectual property
11.1 Intellectual property rights
All the visual elements displayed on the site are protected by copyright, in application of Articles L.112-1 et seq. Of the Intellectual Property Code. The Customer may not under any circumstances use, copy, reproduce, modify or alter this work or its elements, including on the Internet, without the prior written authorization of the Seller.
The Seller reserves the right to pursue any act of infringement of its intellectual property rights, including in the context of criminal proceedings.
11.2 Right to the Work
The artist holds the copyright (economic and moral rights) on his creation, within the meaning of Article L.111-1 et seq. Of the Intellectual Property Code. The rights of representation and reproduction of works on the Seller’s site belong to its author.
The Client’s rights to the purchased Work are therefore limited to a right of private use, excluding any right of representation and reproduction.
Article 12 – Termination
Each party has the option of unilateral termination by operation of law of the Contract in the event of non-performance by the other party of its obligations. In particular, THE SELLER may terminate the Contract early in the event of non-payment by the Customer of the sums due at their due date, in accordance with the invoices sent to him.
The termination will take effect 30 calendar days after formal notice from the Customer, failing the latter to have performed perfectly and completely within the time limit.
This formal notice is given by registered letter with acknowledgment of receipt mentioning this article.
In addition, in the event of the unilateral termination option being brought into play under the conditions defined in this article and as compensation, THE SELLER is entitled to keep the sums already received from the Customer for the damage it suffers and which takes into account the costs already incurred by THE SELLER for the execution of the Contract and the loss of profit resulting from this situation.
Article 13 – Personal data
The data is collected for the sole purpose of establishing a commercial and professional relationship with the Customer.
Personal data is kept by the Seller for a reasonable period. If the Customer does not provide all the mandatory information in the site forms (* mandatory fields), he cannot validate the form and therefore place his order.
The automated processing of this personal data has given rise to a declaration to the National Commission for Computing and Liberties, in accordance with Law 78-17 of January 6, 1978 relating to Computing, Files and Freedoms.
In accordance with the Data Protection Act of January 6, 1978, the Purchaser may request changes to his personal data or require that he no longer appear in the Seller’s database by contacting him using the “Contact” form available on the site https://www.jy-artiste.fr/.
Article 14 – Complaints – consumer mediator
In accordance with the provisions of Article L. 612-1 of the Consumer Code, the Consumer Customer is informed that he can resort free of charge, in the event of a complaint not resolved amicably by the Seller, to a mediation service.
In this regard, the consumer Customer can send his complaint by registered letter with acknowledgment of receipt to: Yann JETTAIN, 17 rue de Loch Conan, 29530 Landeleau.
Article 15 – Completeness – Waiver
In the event that one or more clauses of these General Terms and Conditions of Sale become void following a change in legislation or by court decision, this shall in no way affect the validity of the other clauses, which will remain applicable.
The fact that the Seller does not avail itself at a given time of any of the clauses hereof cannot constitute a waiver by the latter to subsequently avail itself of these clauses.
Article 16 – Applicable law – attribution of jurisdiction
These General Conditions of Sale are subject to French law.
All disputes to which the sales transactions concluded in application of these General Terms and Conditions of Sale could give rise, and which could not have been resolved amicably between the Seller and the Customer, will be subject to:
• to the competent courts under common law conditions, with a non-consumer customer
• the SAINT-BRIEUC Commercial Court, which will have jurisdiction even in the event of a guarantee appeal and multiple defendants.