General Conditions of Sale (CGV) - AUFRERE Marie
1. Preamble
These General Conditions of Sale (CGV) govern the contractual relations between AUFRERE Marie, registered under number 89834269600017 and having its head office at rue les Perrières, 73350, Champagny en Vanoise, hereinafter referred to as "the Seller" or "the Artist", and any person making a purchase on the website 'https://www.marie-aufrere.art/', hereinafter referred to as "the Customer". The General Terms and Conditions apply without restriction or reservation to all sales of artistic creations made by the Seller on its site.
2. Scope of Application
These General Terms and Conditions apply to all sales of artistic creations made by the Seller for which the Customer places an order on the Seller's website.
3. Products and Orders
3.1 Description of the Products: The Seller offers for sale unique or limited edition artistic creations. Each product is accompanied by a detailed description, images, dimensions and, where applicable, the materials used and the artistic techniques employed.
3.2 Availability of Products: The products are offered for sale while stocks last. In the event of unavailability of a product after placing the order, the Seller undertakes to inform the Customer as soon as possible and to offer a replacement product or to provide a refund.
3.3 Order Process: The Customer selects the product(s) he wishes to order and adds them to his basket. Before validating his order, the Customer has the possibility of checking the details of his order and correcting any errors.
3.4 Order Confirmation: Validation of the order by the Customer constitutes express acceptance of these General Terms and Conditions as well as the prices and descriptions of the selected products. An order confirmation summarizing the elements of the order will be sent electronically to the Customer.
3.5 Proof of the Transaction: The computerized records kept in the Seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.
4. Price and Payment
4.1 Price: The prices of the products are indicated in euros, all taxes included (TTC). They take into account any reductions applicable on the day of the order.
4.2 Delivery Costs: Delivery costs are calculated based on the location of delivery, the total weight of the order and the equipment necessary to ship the product in the best conditions. They are indicated to the Customer before validation of the order.
4.3 Payment Terms: Payment is made online by the following payment methods: Visa, MasterCard, AmericanExpress, ChinaUnionPay, Jcb, Diners, CB, Discover, Visa Electron and Maestro. Secure online payment is provided by Stripe.
4.4 Billing: An electronic invoice detailing the products purchased, prices, delivery costs and taxes is made available to the Customer upon completion of the order.
5. Delivery
5.1 Delivery Times: Delivery times are indicated on the site and may vary depending on the destination. They are given for information only and do not constitute a firm commitment.
5.2 Delivery Address: The products are delivered to the delivery address indicated by the Customer when ordering. The Customer is responsible for the accuracy of the information provided.
5.3 Delivery Delays: In the event of a delivery delay, the Seller will inform the Customer as soon as possible. The Seller cannot be held responsible for delivery delays caused by third parties or in the event of force majeure.
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6. Right of Withdrawal and Returns
6.1 Right of Withdrawal: In accordance with current regulations, the Customer has a period of 14 days from receipt of the products to exercise their right of withdrawal without having to provide reasons or pay penalties.
6.2 Return Procedure: To exercise his right of withdrawal, the Customer must notify his decision to withdraw to the Seller electronically (aufreremarie@gmail.com).
6.3 Return Conditions: Returned products must be intact, complete and in their original packaging. If the right of withdrawal is exercised within the aforementioned period, only the price of the creation purchased and the shipping costs will be reimbursed by the Seller. Return costs are the responsibility of the Customer, except in the event of non-conformity of the product.
7. Intellectual Property and Copyright
7.1 Intellectual Property: The artistic creations sold remain the intellectual property of the Seller.
7.2 Right of Use: The Client acquires a personal and non-exclusive right of use over the acquired works. Any reproduction, distribution or commercial use of the works is strictly prohibited without the prior written authorization of the Seller.
8. Guarantees and Liabilities
8.1 Conformity: The Seller guarantees conformity of the products to the descriptions presented on the site.
8.2 Limitation of Liability: The Seller cannot be held responsible for damage resulting from improper use of the products.
9. Personal Data
9.1 Collection and Processing of Data: The Customer's personal data is collected and processed in accordance with the confidentiality policy available on the site. (See below).
10. Disputes and Applicable Law
10.1 Complaints: In the event of a problem or complaint, the Customer can contact the Seller using the contact form on the site.
10.2 Mediation: In the event of a dispute not resolved amicably, the Customer may resort to a mediation procedure in accordance with the rules in force.
10.3 Applicable Law: These General Terms and Conditions are governed by the law in force in France. Any dispute relating to their interpretation and execution falls to the competent courts.
11. Force Majeure
The Seller cannot be held responsible in the event of non-performance of its obligations resulting from a case of force majeure, in particular in the event of strike, fire, natural disaster, pandemic, etc.
12. Modification of the General Conditions of Sale
The Seller reserves the right to modify these General Terms and Conditions at any time. The modifications will be applicable as soon as they are posted on the site. The Customer is invited to regularly consult the General Terms and Conditions.
13. Intellectual Property of the Site
The website 'https://www.marie-aufrere.art/', as well as its content (texts, images, videos, etc.), are protected by copyright and remain the exclusive property of the Seller.
14. Confidentiality and Personal Data
The personal data provided by the Client are collected and processed in accordance with the confidentiality policy available on the site.
15. Contacts
For any questions or complaints regarding the products or these General Terms and Conditions, the Customer can contact the Seller using the following contact details:
Email address: aufreremarie@gmail.com
Postal address: Rue les Perrières, 73350, Champagny en Vanoise, FRANCE
16. Entire Contract
These General Terms and Conditions express the entire agreement between the Seller and the Customer. They take precedence over any other document, in particular any purchase conditions of the Customer.
17. Partial Nullity
If one of the clauses of these General Terms and Conditions were declared void by a court decision, this would in no way affect the validity of the other clauses.
Done in Bozel, on 09/18/23
Legal Notice
Definitions
Client: any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Benefits and Services: https://www.marie-aufrere.art/ provides Customers with:
Content: All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by https://www.marie-aufrere.art/ for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website https://www.marie-aufrere.art/ are informed of the identity of the various stakeholders in the context of its implementation and monitoring:
Owner: AUFRERE Marie – Rue les Perrières 73350, Champagny en Vanoise.
Publication manager: Marie AUFRERE – aufreremarie@gmail.com
The publication manager is a natural person or a legal entity.
Host: Wix Online Platforms Limited, 1 Grant's Row, Dublin 2 D02HX96, Ireland
Data Protection Officer: AUFRERE Marie – aufreremarie@gmail.com
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
Use of the site https://www.marie-aufrere.art/ implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site https://www.marie-aufrere.art/ are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption for reasons of technical maintenance may however be decided by https://www.marie-aufrere.art/, which will then endeavor to communicate to users in advance the dates and times of the intervention. The website https://www.marie-aufrere.art/ is updated regularly by https://www.marie-aufrere.art/ responsible. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.
3. Description of services provided.
The website https://www.marie-aufrere.art/ aims to provide information concerning all of the company's activities. https://www.marie-aufrere.art/ strives to provide information as accurate as possible on the site https://www.marie-aufrere.art/. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to itself or the third party partners who provide this information.
All information indicated on the site https://www.marie-aufrere.art/ is given for information purposes only, and is subject to change. Furthermore, the information on the site https://www.marie-aufrere.art/ is not exhaustive. They are given subject to modifications having been made since they were put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, not containing viruses and with an updated latest generation browser. The site https://www.marie-aufrere.art/ is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructures, failure of its infrastructures or if the Services generate reputable traffic. unnatural.
https://www.marie-aufrere.art/ and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing the access to the server.
5. Intellectual Property and Counterfeiting.
https://www.marie-aufrere.art/ is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written permission of AUFRERE Marie.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of Liability.
https://www.marie-aufrere.art/ acts as publisher of the site. https://www.marie-aufrere.art/ is responsible for the quality and veracity of the Content it publishes.
https://www.marie-aufrere.art/ cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the website https://www.marie-aufrere.art/ , and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://www.marie-aufrere.art/ cannot also be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the site https://www.marie-aufrere.art/ .marie-aufrere.art/. Interactive spaces (possibility of asking questions in the contact area) are available to users. https://www.marie-aufrere.art/ reserves the right to delete, without prior notice, any content posted in this space which contravenes the legislation applicable in France, in particular the provisions relating to data protection . Where applicable, https://www.marie-aufrere.art/ also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of a message of a racist, offensive, defamatory nature, or pornographic, whatever the medium used (text, photography, etc.).
7.1 Persons responsible for collecting personal data
For Personal Data collected as part of browsing the Site, the person responsible for processing Personal Data is: AUFRERE Marie. https://www.marie-aufrere.art/ is represented by Marie AUFRERE, its legal representative.
As responsible for processing the data it collects, https://www.marie-aufrere.art/ undertakes to respect the framework of the legal provisions in force. It is in particular up to the Client to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of treatments consistent with reality. Each time https://www.marie-aufrere.art/ processes Personal Data, https://www.marie-aufrere.art/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.marie-aufrere.art/ processes them.
7.2 Purpose of the data collected
https://www.marie-aufrere.art/ may process all or part of the data:
to enable navigation on the Site, management and traceability of services ordered by the user: connection and use of the Site data, invoicing, order history, etc.
https://www.marie-aufrere.art/ does not sell your personal data which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://www.marie-aufrere.art/ have the following rights:
right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data, right to lock or erase User data of a personal nature (article 17 GDPR), when they are inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or retention of which is prohibited
right to withdraw consent at any time (article 13-2c GDPR)
right to limit the processing of User data (article 18 GDPR)
right to object to the processing of User data (article 21 GDPR)
right to portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
right to define the fate of Users' data after their death and to choose to whom https://www.marie-aufrere.art/ must communicate (or not) their data to a third party that they have previously designated
As soon as https://www.marie-aufrere.art/ becomes aware of the death of a User and in the absence of instructions from them, https://www.marie-aufrere.art/ undertakes to destroy their data, unless their retention proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://www.marie-aufrere.art/ uses their Personal Data, request to rectify them or oppose their processing, the User can contact https://www.marie-aufrere .art/ by email to the following address: aufreremarie@gmail.com
In this case, the User must indicate the Personal Data that he would like https://www.marie-aufrere.art/ to correct, update or delete, by identifying himself precisely with a copy of a document. identity (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://www.marie-aufrere.art/ by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.marie-aufrere.art/ can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.marie-aufrere.art/ undertakes not to process, host or transfer Information collected about its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without inform the customer in advance. However, https://www.marie-aufrere.art/ remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation ( GDPR: No. 2016-679).
https://www.marie-aufrere.art/ undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to the attention of https://www.marie-aufrere.art/, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore https://www.marie-aufrere.art/ does not collect any “sensitive data”.
The User's Personal Data may be processed by subsidiaries of https://www.marie-aufrere.art/ and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to the data of Users of https://www.marie-aufrere.art/ are mainly our customer service agents.
7.5 Types of data collected
Concerning users of a Site https://www.marie-aufrere.art/, we collect the following data which are essential for the operation of the service, and which will be kept for a maximum period of 36 months after the end of the relationship contractual:
Last name, first name, email, address
https://www.marie-aufrere.art/ also collects information that helps improve the user experience and offer contextualized advice:
None
These data are kept for a maximum period of 0 months after the end of the contractual relationship.
8. Incident notification
Regardless of efforts, no method of transmission over the Internet, or method of electronic storage, is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://www.marie-aufrere.art/ is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of https://www.marie-aufrere.art/ and its rights would allow the transmission of said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of the data regarding the user of the site https://www.marie-aufrere.art/.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.marie-aufrere.art/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.
When processing Personal Data, https://www.marie-aufrere.art/ takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. “Cookies” hypertext links and internet tags
The site https://www.marie-aufrere.art/ contains a number of hypertext links to other sites, set up with the authorization of https://www.marie-aufrere.art/. However, https://www.marie-aufrere.art/ does not have the ability to verify the content of the sites visited, and will therefore assume no responsibility for this.
Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
9.1. " COOKIES "
A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies are in no way likely to damage the User's terminal.
https://www.marie-aufrere.art/ may process the User's information concerning their visit to the Site, such as the pages consulted and the searches carried out. This information allows https://www.marie-aufrere.art/ to improve the content of the Site and the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be recorded in their terminal. https://www.marie-aufrere.art/ informs the User that, in this case, it is possible that the functionalities of their navigation software are not all available.
If the User refuses the recording of Cookies in their terminal or browser, or if the User deletes those saved there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://www.marie-aufrere.art/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the settings of language and display or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://www.marie-aufrere.art/ declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly offered by https://www.marie-aufrere.art/, resulting (i ) the refusal of Cookies by the User (ii) the impossibility for https://www.marie-aufrere.art/ to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://www.marie-aufrere.art/ may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Facebook and Instagram appearing on the Site of https://www.marie-aufrere.art/ or in its mobile application and if the User has accepted the deposit of cookies by continuing his browsing the Website or the mobile application of https://www.marie-aufrere.art/, its services may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to them, by continuing to browse the Website or the mobile application of https://www.marie-aufrere.art/. At any time, the User can nevertheless revoke their consent to https://www.marie-aufrere.art/ depositing this type of cookies.
9.2. INTERNET TAGS
https://www.marie-aufrere.art/ may occasionally use and deploy web beacons (also known as “tags,” or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs). through a partner specializing in web analytics who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows https://www.marie-aufrere.art/ to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted ), as well as the use of this Site by the User.
The external service provider may possibly collect information on visitors to the Site and other websites using these tags, and compile reports on the activity of the Site for the attention of https://www.marie-aufrere.art/ , and provide other services relating to the use of this and the Internet.
10. Applicable law and attribution of jurisdiction.
Any dispute relating to the use of the site https://www.marie-aufrere.art/ is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Albertville.