The present General Conditions are concluded between the company OR FINE ART, (hereinafter "OR FINE ART") and on the other hand a capable natural person, wishing to benefit from the services offered on the site https://orlinskishop.com (hereinafter the "Site").
ARTICLE 1 - IDENTIFICATION OF THE SELLER
OR FINE ART, a limited liability company, with a share capital of €2,000.00, registered in the Paris Trade and Companies Register under n°834 045 189, whose registered office is located at 14 rue Cimarosa in Paris - 75116.
Intracommunity VAT number : FR15834045189
E-mail : [email protected]
ARTICLE 2 - DEFINITIONS
The terms beginning with a capital letter in the present General Conditions have the meaning given to them below:
Site: shall designate the Internet site accessible at the URL address https://shop.richardorlinski.fr/.
Customer: shall designate the co-contractor of O R FINE ART who guarantees to have the capacity of a buyer as defined by French law and jurisprudence.
O R FINE ART: shall designate the company which publishes and operates the Site.
General Terms: shall designate the present General Terms and Conditions of Sale, concluded between O R FINE ART and the Client, governing the use of the services offered by O R FINE ART on the Site, including the use of the Site and the purchase of Products by the Client, and which shall be deemed accepted by O R FINE ART and the Client upon confirmation of the Order.
Products: shall designate all goods offered for sale by O R FINE ART on the Site and governed by the present General Terms and Conditions.
Sales Order: shall designate the order placed by the Client for the Products.
ARTICLE 3 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
3.1 Purpose of the General Conditions
The present General Terms and Conditions govern all use of the Site.
The General Terms and Conditions are applicable, without restriction or reservation, to all sales of Products on the Site, and constitute, together with the online Order, the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the Products, which are for information purposes only.
Their purpose is to inform the Customer about (i) the conditions of use of the Site, (ii) the conditions of sale of the Products presented on the Site and, (iii) the rights and obligations of the Customer and OR FINE ART.
3.2. Availability and enforceability of the General Conditions
The General Conditions are made available to the Customer on the Site where they can be directly consulted and accessed at any time at the bottom of the Site page.
The General Terms and Conditions are binding on the Customer who, by checking the appropriate box, acknowledges having read and accepted them before placing an Order.
The validation of the Order by its confirmation implies the Customer's acceptance of the General Terms and Conditions in force on the day of the Order, which are kept and reproduced by OR FINE ART in accordance with Article 1127-2 of the French Civil Code.
3.3 Modification of the General Conditions
O R FINE ART reserves the right to modify at any time the present General Conditions in order to adapt them to the evolution of the services offered on the Site, to comply with all legal and jurisprudential evolutions or to make editorial and/or technical adaptations.
In the event of a change in the General Terms and Conditions, the General Terms and Conditions applicable shall be those in effect on the date of the Order, a copy of which dated to that date may be provided to the Customer upon request.
ARTICLE 4 - ACCOUNT CREATION
To place an Order, the Customer is not required to create a personal account. The Customer may order a product as a guest.
In case of account creation, the password and the identifier allowing the Customer to access his account are strictly confidential and have for function to protect the personal data of this one. The Customer undertakes not to communicate them to any third party and to keep them in a place known only to him. The Customer is solely responsible in case of loss or communication of his identifiers to an unauthorized third party.
OR FINE ART shall not be held liable in case of fraudulent use of the Customer's account due to the Customer's negligence in keeping and protecting his login details.
ARTICLE 5 - PRODUCTS
The essential characteristics of the Products offered for sale on the Site are presented on the page dedicated to each Product in accordance with Article L.111-1 of the Consumer Code. The Customer is required to read them before placing an Order.
The photographs illustrating the Products do not constitute a contractual document and shall not engage the responsibility of OR FINE ART, the Customer being required to refer to the description of each product.
5.2. Instructions for use
The instructions for use of the product, if essential, are mentioned in the electronic catalog or at the latest upon delivery.
The Products comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.
5.4. Availability of stocks
The Products offered on the Site are offered and delivered within the limits of available stocks. In case of unavailability of the Product ordered, OR FINE ART will immediately inform the Customer and may offer him a Product of equivalent quality and price or, failing that, a voucher for the amount of the Order to be used for any future Order.
In case of disagreement by the Customer, OR FINE ART will proceed to the reimbursement of the amounts paid.
ARTICLE 6 - PRICES
6.1. Sales prices
The sale prices are indicated, for each of the Products listed in the electronic catalog, in euros, all taxes included, excluding delivery and transport costs mentioned before the Order validation and invoiced in addition.
The total amount due by the Customer is indicated on the Order confirmation page.
The selling price of the Product is the one in effect on the day of the Order.
In the event of a price promotion, OR FINE ART undertakes to apply the promotional price to any Order placed during the period of the promotion.
OR FINE ART reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the Order.
ARTICLE 7 - ORDERING
7.1. Steps for the conclusion of the contract
To place an Order, the Customer declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an Order on the Site. OR FINE ART reserves the right to request, at any time, any proof of said parental authorization.
To place an Order, the Customer, after having filled his virtual basket with the selected Products and the desired quantities, clicks on the button "VALIDATE THE ORDER" and provides the information concerning the delivery and the payment method.
Before clicking on the "ORDER" button, the Customer can check the details of his or her Order and its total price and return to the previous pages to correct any errors.
The confirmation of the Order implies the acceptance of the General Conditions and forms the contract. An e-mail acknowledging receipt of the Order and its payment is sent by OR FINE ART to the Customer as soon as possible.
7.2. Modification of the Order
Any modification of the Order by the Customer after its validation and payment is subject to acceptance by OR FINE ART.
OR FINE ART reserves the right to make modifications to the Product ordered which are linked to technical developments under the conditions provided for in article R. 212-4 of the French Consumer Code.
7.3. Validation of the Order
OR FINE ART reserves the right to refuse any Order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for buyers who are consumers.
The Sales Order may be cancelled by the Client by registered letter with acknowledgement of receipt or by a written document on another durable medium in the event of
- delivery of a product that does not comply with the product's declared characteristics
- delivery beyond the deadline fixed in the Purchase Order or, in the absence of such a deadline, within thirty days after the conclusion of the contract, after OR FINE ART has been enjoined, in the same way and without result, to make the delivery within a reasonable additional time;
- of a price increase which is not justified by a technical modification of the Product imposed by the public authorities.
The Order may be cancelled by OR FINE ART in case of:
- Customer's refusal to take delivery ;
- non-payment of the price.
ARTICLE 8 - PAYMENT
The price is due in full after confirmation of the Order.
The payment of the Order is made in Euros, by secure payment method, by Paypal or by credit card via Stripe (Visa, Mastercard, American Express) by filling in the fields provided.
OR FINE ART reserves the right to cancel any Order and any delivery in case of non-payment of the agreed price by the Customer.
ARTICLE 9 - DELIVERY
Delivery means the transfer to the Customer of physical possession or control of the goods.
9.1. Delivery period
The delivery period shall begin once the Order has been confirmed and the payment has been fully settled and collected. The delivery period shall not exceed 30 working days from the date of confirmation.
9.2 Late delivery
When the Product ordered is not delivered within 30 working days at the latest from the confirmation of the Order, the Customer may, after having unsuccessfully enjoined OR FINE ART to perform its delivery obligation within a reasonable additional time, cancel the contract by registered letter with acknowledgement of receipt to the following as well as strikes or any event hindering the transport of goods or persons.
9.3. Place of delivery
The Products are delivered to the address indicated by the Customer on the Order form.
9.4. Method of delivery
Delivery shall be made by handing over the Product directly to the Customer or, failing that, by sending a notice of availability to the Customer. Within fifteen days of the notice of availability, the Customer must collect the Product ordered.
In the absence of withdrawal within the time limit indicated, OR FINE ART may, after a formal notice from the Customer which has remained without effect, proceed with the withdrawal, cancel the Order and keep the deposit paid as compensation.
When the Product is delivered to the address indicated on the Order form by a carrier, it is the Customer's responsibility to check, in the presence of the carrier, the condition of the delivered Product and, in case of damage or missing items, to immediately express reservations on the delivery note or on the transport receipt, and possibly to refuse the Product and to inform OR FINE ART.
9.5. Conformity of the Products
If the Product does not conform to the Order, the Customer must address a claim to OR FINE ART in order to obtain the replacement of the Product or possibly the cancellation of the sale.
9.6. Failure to deliver
Total failure to deliver shall result in the automatic termination of the sales contract.
9.7. Transfer of risk and ownership
The risk of loss or damage to the goods is transferred to the Customer at the time he or a third party designated by him takes physical possession of the goods, without distinction according to their nature.
The transfer of ownership of the Products to the benefit of the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
The Products sold on the Site benefit from the legal guarantee of conformity (articles L 217-4 to L 317-14 of the Consumer Code) and the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).
10.1. Implementation of the guarantee of conformity
OR FINE ART is bound to deliver a Product in conformity with the Order and is liable for any defects in conformity existing at the time of its delivery. OR FINE ART is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the Customer is informed that, in order to comply with the Order, the goods must:
- be in conformity with the terms and conditions of the Contract
The Customer is hereby informed that, by law, in order to comply with the Order, a good must :
- Be fit for the purpose ordinarily expected of similar goods and, where applicable:
- correspond to the description given by O R FINE ART and possess the qualities that the latter has presented to the Customer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in view of the public statements made by O R FINE ART, by the producer or his representative in particular in advertising or labelling;
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of OR FINE ART and accepted by the latter.
The action resulting from the lack of conformity is prescribed by two years as from the delivery of the goods.
10.2. Implementation of the warranty for hidden defects
OR FINE ART is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the Customer would not have acquired it, or would have given only a lower price for it, if he had known about them.
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The Customer may 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.
ARTICLE 11 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of 14 days from the date of delivery of the Products to exercise his/her right of retraction from OR FINE ART, without having to justify his/her reasons or pay any penalty, provided that the Products are returned in perfect condition and in their original packaging, suitable for resale.
This right of withdrawal cannot be exercised for Products made and/or personalized at the request of the Customer, the manufacture of which requires particular adaptations to meet precise technical and aesthetic requirements.
This right of withdrawal is exercised by sending to OR FINE ART any unambiguous return declaration expressing the Customer's wish to withdraw (e.g.: e-mail mentioning his wish to exercise his right of withdrawal and no longer wishing to purchase the Products ordered).
The Customer must then return the Products to OR FINE ART at his own expense and at the latest within 14 days following the return declaration.
Products returned incomplete, spoiled or damaged will not be refunded.
The reimbursement of the Customer is made upon receipt of the Products and will take place at the latest within thirty 30 days from the date on which the right of withdrawal is validly notified by the Customer to OR FINE ART.
ARTICLE 12 - LIABILITY
12.1. Exemption from liability
OR FINE ART cannot be held liable in case of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
12.2. Product safety defect
In case of damage caused by a safety defect of the Product, the Customer must seek the responsibility of the manufacturer identifiable from the information mentioned on the packaging of the Product.
12.3. Use of the Site
The Site is accessible 7 days a week and 24 hours a day, subject to cases of force majeure and maintenance periods chosen at OR FINE ART's discretion.
If a technical problem should make access to the Site impossible, OR FINE ART undertakes to use all reasonable means at its disposal to find and apply technical solutions so that access to the Site is restored.
The Customer is solely responsible for the proper functioning of the computer equipment that allows him to access the Site. O R FINE ART shall not be held responsible for any difficulties encountered by the Customer in accessing the Site due to the Customer's computer equipment.
The costs generated by the use of the Site (including the computer equipment: cell phone, tablet, computer) are the exclusive responsibility of the Customer.
ARTICLE 13 - TERMINATION CLAUSE
The termination of the Order in the cases provided for in these General Terms and Conditions shall be pronounced by registered letter with acknowledgement of receipt or by e-mail and shall be acquired by operation of law without any judicial formality.
ARTICLE 14 - INTELLECTUAL PROPERTY
The visual elements (texts, images, user interface, graphic charter), sounds, software and databases reproduced on the present Site, which are the exclusive property of OR FINE ART, are protected by intellectual property rights.
Any reproduction, representation and distribution of these elements, without prior written authorization from OR FINE ART, will expose the offenders to legal proceedings. OR FINE ART reserves the right to take legal action against any act of counterfeiting, unfair competition or parasitism committed against it and more generally any act infringing its rights.
ARTICLE 15 - PERSONAL DATA
ARTICLE 16 - MEDIATION
16.1 Prior complaint
In the event of a dispute, OR FINE ART and the Customer will seek an amicable agreement and will communicate the necessary information to each other.
To this end, the Customer may address a claim to OR FINE ART :
- by e-mail to the following address: [email protected]; or
- by mail at the following addressSARL O R FINE ART 14 rue Cimarosa 75116 - Paris
16.2. Request for mediation
In the event of failure to file a claim with OR FINE ART or in the absence of a response within a period of two months, the Customer may submit the dispute relating to the Order form or to the present General Conditions opposing him to OR FINE ART to a mediator: who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 17 - COMPETENT JURISDICTION
Any dispute relating to the formation, interpretation and execution of these General Terms and Conditions which has not been resolved amicably shall be subject to the jurisdiction of the French courts.
ARTICLE 18 - APPLICABLE LAW AND LANGUAGE
The present General Conditions and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.