1. About us
DANIEL FOSSE, EI, a company with a capital of x euros, whose registered office is at CORDES SUR CIEL (81170) 26, Grand’rue de l’horloge, registered in the ALBI Trade and Companies Register under number 791 820 202 represented by Mr Daniel FOSSE (hereinafter the “Company”). The Company markets the following products to its Customers via its Internet Site: works of art “paintings: (Oils – Watercolours – Pastels – Sculptures Drawings – Enamels)…
The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the “GTC/CGU”). The placing of an Order implies the acceptance of the GTC/CGU. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing his Order online.
The GTC/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website.
They apply to all sales concluded by the Company and are binding on all contradictory documents, in particular the Client’s general terms and conditions of purchase.
They are systematically communicated to the Client upon request.
In the event of a subsequent modification of the GTC/CGU, the Customer is subject to the version in force at the time of his Order.
3. Definitions of the terms
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Website;
“Order” means any order placed by the User registered on this Site;
“General Terms and Conditions of Sale and Use” or “GTC/GTCU” refers to these general terms and conditions of use and online sale;
“Consumer” refers to the buyer who is a natural person and who does not act for professional needs and/or outside his professional activity;
“Products” refers to the material things that can be appropriated and that are offered for sale on this Site;
“Professional” refers to the buyer who is a legal or natural person acting within the framework of his professional activity;
“Site” refers to this Site, i. e. www.danielfosse.com ;
“Company” means Daniel FOSSE Company, more fully described in Article I hereof; and
“User” means any person who uses the Site
Any Order can only be placed when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual shopping cart. He can then access the summary of his virtual basket to confirm the Products he wishes to order and make his Order by pressing the “Order” button.
He must provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Client.
The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site ordered or on the regularity of the Orders, according to the conditions set by the Company.
5. Products and Prices
The Products covered by the GTC/CGU are those appearing on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The sale is made within the limits of the Company’s available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent.
When a Registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT included), excluding shipping costs and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include shipping costs, which will be detailed in the summary, if any, before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Client a detailed quotation setting out the formula for calculating the price.
Under no circumstances may a User require the application of discounts no longer in effect on the day of the Order.
6. Payment terms and conditions
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a down payment or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by:
Bank transfer Credit card via a secure connection
In the event of non-payment of all or part of the Products on the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing transaction selected is the most recent on the date of the Order for Services.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Client shall automatically produce the payment of a fixed compensation of 40 euros due for recovery costs.
In the event of non-payment of all or part of the Products on the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and amounts due by the Customer to the Company in respect of the purchase of Products offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount including VAT of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
The Products are delivered exclusively in the following geographical areas:
- Metropolitan France
- European continent
- North America
The Company undertakes to make every material and human effort to ensure that the Products are delivered as soon as possible. These may vary according to the Customer’s geographical area, the delivery method chosen or the Product ordered.
In the event of exceeding the delivery deadline of 17 days, except in cases of force majeure, the Client may request termination of the contract by registered letter with acknowledgement of receipt, after having instructed the Company, under the same terms and conditions, to make the delivery within a reasonable additional period, and if the Company has not fulfilled its obligations.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the event that delivery is not possible, due to an error on the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.
In addition, the Company may not be held liable for reasons relating to the exceeding of delivery deadlines:
- in periods of high demand, such as Christmas and New Year’s Eve holidays
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control
- for facts attributable exclusively to the carrier responsible for the delivery.
- Delivery is made, according to the Customer’s choice and according to the prices indicated on the Site:
- to the address indicated by the Customer at the time of his Ordering by simple post.
- by UPS according to its current delivery times.
- by DHL according to its current delivery times.
For all Orders placed on this Site, the Customer has a right of complaint of 20 days from the delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of any reservations expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
To exercise this right of complaint, the Customer must send the Company, at the address firstname.lastname@example.org, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents (receipt slip countersigned by the carrier, photographs…)
A complaint that does not comply with the conditions described above will not be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock
9. Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a declaration to the address: email@example.com
The Products must be returned in their original packaging and in perfect condition within 14 days of the Consumer’s notification of withdrawal to the Company. The direct costs of return remain the responsibility of the Consumer.
He will be reimbursed for all fees paid for placing the Order within 14 days of the Company’s receipt of his declaration of withdrawal.
The refund will be made by the same method of payment as the one used at the time of purchase.
10. Transfer of risk and ownership
The Company retains ownership of the Products sold until the Customer has paid the full price. It may therefore repossess the Products in the event of non-payment. In this case, the instalments paid will remain the property of the Company as compensation.
For Professional Customers, the transfer of risks to the Customer takes place as soon as the Company delivers the goods to the carrier. For Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Customer has chosen an in-store delivery.
11. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code: “The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code: “The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable :
if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted”.
Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them.”
Any resold Product altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or refund of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Client must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed defective as far as possible. If the Company’s liability is retained, the guarantee is limited to the amount excluding VAT paid by the Consumer for the supply of the Products. The replacement of the Products does not extend the duration of the warranty.
The Company reserves the right to modify the Site, the GTC/CGU as well as any delivery procedure or other element constituting the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions of the T&Cs/TU in force at the time the Order is placed.