general conditions of sale
ARTICLE 1 – Designation of the seller
This website www.gedolimcanvas.com is published by:
The company Gedolim Canvas SARL, with a capital of 8000 euros, whose
registered office is located at 118/130 avenue Jean Jaurès, 75171 Paris cedex 19, and
registered with the Paris Trade and Companies Register under number 802 825 604.
Customer service for the website: [email protected]
After-sales service: [email protected]
Website manager: BISMUTH Benjamin
Website host: OVH
SAS with a capital of €10,000,000
RCS Roubaix – Tourcoing 424 761 419 00045
APE Code 6202A
VAT number: FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France.
ARTICLE 2 – General provisions relating to these general terms and conditions of sale (hereinafter, the GTC).
2.1. Purpose of the GTC
The GTC are applicable exclusively to the online sale of artistic works by Gedolim Canvas, on the website www.gedolimcanvas.com , which is freely accessible to all Internet users.
2.2. Scope of application of the GTC
The GTC exclusively govern online sales contracts for Gedolim Canvas products to buyers who are consumers (hereinafter, consumers) and, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which are for informational purposes only.
The GTC are applicable exclusively to products delivered to consumers established in France, in a member country of the European Union and throughout the world.
2.3. Availability and enforceability of the T&Cs
The T&Cs are made available to consumers on the seller's website where they can be consulted directly.
The T&Cs are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the T&Cs in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1369-4 of the Civil Code.
2.4. Modification of the T&Cs
The professional seller reserves the right to modify its T&Cs at any time.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order, a copy of which dated on that day may be given to the consumer upon request.
2.5. Clauses of the T&Cs
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by the professional seller cannot constitute a waiver on its part of the other clauses of the General Terms and Conditions, which continue to produce their effects.
ARTICLE 3 – Products
3.1. Characteristics
The products offered for sale presented in the catalog published on the site are each the subject of a description established by the supplier or accessible on the manufacturer's site via a link on its logo, mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
3.2. Instructions for use
The instructions for using the product, if it is an essential element, are mentioned in the electronic catalog or at the latest upon delivery.
3.3. Conformity
The products comply with the requirements in force relating to the safety and health of people, fairness in commercial transactions and consumer protection at the time they are placed on the market.
The products comply with the requirements of French law in force at the time they are placed on the market.
ARTICLE 4 – Price
4.1. Sales price
The sales prices, in accordance with Article L. 113-13 of the French Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The sales price of the product is that in force on the day of the order. In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the promotion period.
4.2. Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in effect on the day of the order.
ARTICLE 5 – Offer
5.1. Scope
The online sales offers presented on the site are reserved for consumers residing in France and/or in a member country of the European Union, worldwide and for deliveries in these same geographical areas.
5.2. Duration
The online sales offers presented on the site are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limits of available stocks.
5.3.Acceptance
The consumer's acceptance of the offer is validated, in accordance with the double-click process, by confirming the order.
ARTICLE 6 – Order
6.1. Steps for concluding the contract
To place an order, the consumer, after filling their virtual basket with the selected products and the desired quantities, then clicks on the "Order" button and provides information relating to delivery and payment method.
Before clicking on the "Confirm order" button, the consumer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or possibly modify their order.
Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
An email acknowledging receipt of the order and payment is sent by the seller as soon as possible.
6.2. Order modification
Any modification of the order by the consumer after confirmation of their order is subject to acceptance by the professional seller.
The professional seller reserves the right to make modifications to the ordered product that are linked to technical developments under the conditions provided for in Article R. 132-2-1, V of the Consumer Code.
6.3. Validation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers with the status of consumers.
6.4. Unavailability of products ordered
If the products ordered are unavailable for delivery, the professional seller immediately informs the consumer and may offer him a product of equivalent quality and price.
In the event of disagreement, the consumer will be reimbursed without delay (or at the latest within thirty days of payment of the sums paid).
ARTICLE 7 - Contract
7.1. Conclusion
The sales contract is formed at the time the consumer sends confirmation of his order.
7.2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with Article 1348 of the Civil Code.
These communications, purchase orders and invoices may be produced as proof of the contract.
7.3. Withdrawal
From the receipt of the products, the consumer has a withdrawal period of seven clear days to return the delivered products without having to justify themselves or pay a penalty, to the following address: 118/130 avenue Jean Jaurès, 75171 Paris cedex 19.
The return costs are the responsibility of the consumer. The right of withdrawal can also be exercised when placing the order before delivery of the ordered products.
To return the products, the consumer must first send an email to the professional seller on the website www.gedolimcanvas.com specifying the number of the canceled order in order to obtain a return number.
The professional seller undertakes to reimburse the consumer no later than thirty days following the date on which the right of withdrawal was exercised, provided that the returned products are in their original packaging, complete, in perfect condition and accompanied by the original purchase invoice.
The return of products is the responsibility of the consumer, it is up to him to make the return by tracking and registered mail with declaration of the value of the product.
7.5. Resolution
The contract may be terminated by the consumer in the event of: — delivery of a product not conforming to the declared characteristics of the product;
— delivery exceeding the deadline set in the order form for products whose value is greater than 500 euros under the conditions provided for in article 9.1. of the General Terms and Conditions;
— price increase not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the consumer may demand reimbursement of the deposit paid when ordering, increased by interest at the legal rate from the date of receipt of the deposit.
The contract may be terminated by the professional seller in the event of:
— refusal by the consumer to take delivery;
— non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid when ordering remains acquired by the professional seller as compensation.
ARTICLE 8 – Payment
8.1. Payment terms
The price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card (or deferred upon delivery, by direct debit, check or bank transfer).
8.2. Payment security
The site is equipped with an online payment security system allowing the consumer to encrypt the transmission of their banking data; Payments can be made either by Paypal or by bank cards using the digital TPE platform offered by CM-CIC payment.
ARTICLE 9 – Delivery
9.1. Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within 15 working days after receipt of the order.
9.2. Delay in delivery
A delay in delivery exceeding seven days and not due to a case of force majeure may result in the cancellation of the sale by the consumer who, within sixty working days from the indicated delivery date, will cancel his order by registered letter with acknowledgment of receipt, will return the products if they have been delivered and will receive from the seller no later than thirty days the refund of his payment, excluding any compensation.
9.3. Delivery Terms
The products are delivered to the address indicated by the consumer on the order form.
Any claim for delivery errors must be made by the consumer to the professional seller on the same day of delivery or the first working day following delivery at the latest.
Delivery is made by notice of availability (or by post or by an independent carrier).
In the event of delivery by post (or by a carrier), a delivery note must be signed by the consumer who must check upon receipt the conformity and condition of the packaging of the product.
In the event of deterioration or partial loss of the product, the consumer must imperatively formulate reservations on the delivery note upon receipt, a copy of which is sent to the professional seller and, within three days of this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt in accordance with Article L.133-3 of the French Commercial Code.
9.4. Conformity of products
If the product does not conform to the order, the consumer must submit a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
9.5. Unavailability of products
In the event of unavailability of the products for delivery, the professional seller may offer, under the conditions provided for in article 6.4 of the General Terms and Conditions, a product equivalent in terms of quality and price.
9.6. Failure to deliver
Total failure to deliver automatically results in the termination of the sales contract.
ARTICLE 10 – Guarantees
10.1. Legal guarantees
All products supplied by the professional seller benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Under these guarantees, the professional seller undertakes, at the consumer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
Independently of the commercial guarantee provided for in the following paragraph, the professional seller remains liable, in accordance with Article L. 211-15 of the Consumer Code, for defects of conformity and hidden defects of the product.
Gedolim Canvas is subject to the legal guarantees provided for in the following articles:
“Article L.211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for defects of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility. "
"Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
« Article L.211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. »
« Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
« Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. »
10.2. After-sales service
Claims made under the guarantees must be sent by email to the after-sales service: [email protected]
Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The consumer will be reimbursed for the return postal costs no later than thirty days following receipt of the product by the seller.
10.4. Law applicable to guarantees
The French law applicable to the contract under Article 16 of the General Terms and Conditions of Sale may not have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law pursuant to Directive No. 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.
ARTICLE 11 – Liability
11.1. Exemption from liability
The professional seller may not be held liable in the event of non-performance or poor performance of the contract due either to the buyer's actions, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
The professional seller may not be held liable for non-compliance of the product with the legislation of the consumer's country, which is the consumer's responsibility to verify whether the product is not prohibited for sale in his country.
11.2. Product safety defect
In the event of damage caused by a product safety defect, the consumer must seek liability from the manufacturer identifiable from the information mentioned on the product packaging.
11.3. Penalty clause
In all cases of non-performance of its obligations by the consumer, the deposit paid when ordering remains acquired by the professional seller as compensation.
ARTICLE 12 – Termination clause
The termination of the order in the cases provided for in these General Terms and Conditions will be pronounced by simple registered letter with acknowledgment of receipt (or by electronic letter) and will be acquired automatically without legal formality.
ARTICLE 13 – Intellectual property
The elements reproduced on this site consisting of photographs, visuals, texts, drawings and images, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction or dissemination of these elements, without prior written authorization from the publisher, exposes offenders to legal action.
ARTICLE 14 – Personal data
As part of the performance of these General Terms and Conditions of Sale, the seller may collect and process certain personal data of consumers.
Such processing is carried out in accordance with the applicable regulations on the protection of personal data, in particular the General Data Protection Regulation (GDPR).
The terms relating to the collection, processing, storage of data, and users’ rights are detailed in the Privacy Policy, which is available on the website.
ARTICLE 15 – Dispute resolution
15.1. Complaints
Any complaints must be addressed to the consumer service: [email protected]
15.2. - Territorial jurisdiction
For any dispute relating to the order form and these General Terms and Conditions, the competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the product. For any dispute relating to the order form or these General Terms and Conditions, the competent court will be, if the consumer is the defendant, that of the place of domicile.
ARTICLE 16 – Applicable law
This contract and the General Terms and Conditions governing it are subject to French law.
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