GENERAL SALES CONDITIONS
By placing an order, you signify your agreement to be bound the below described conditions.
APPLICABLE LAW
This contract comes in the frame of a distance selling system, between the seller NADE BERNARD
(SIRET 331 626 408 00032- – 220,chemin Sauvagette – 85300 – SOULLANS –France – Tél.06.87.09.39.36 & 02.51.39.13.48 ), and the buyer, referred to as "the client".
The client certifies being over 18 and having legal capacity or acting with the involvement of a parent or guardian allowing him to initiate a transaction on "ARTNADE" website.
Both parties agree that the present contract is governed by the laws of France and that any disagreement will be submitted to the mediation of the Centre de Médiation et d'Arbitrage of La ROCHE/YON (Vendée department).Moreover, if no solution was to be found, the disagreement would fall within the competence of the juridiction of the court of La ROCHE/YON .
ORDER
NADE BERNARD shall not be held responsible for her works use. By placing an order, the client is aware of the possible consequences of a misuse of the work ( for instance forbidden reproduction and reserved rights). The order shall be placed for the client's personal use
When the client places an order, he shall make a deposit (or total payment), which validates the beginning of the work
By e-mail :
Within 24 hours of order receipt, a confirmation e-mail will be sent to the client, mentionning the possible picture quality issue. A picture of the work will be sent to the client by e-mail for delivery confirmation or modification to be performed.
After client's agreement and total payment, the work will be dispatched by express mail service .
By poste:
Deposit or total payment shall be made by cheque, when the order is placed . Deposit of the cheque will be made after client's satisfaction. In case the client does not contact the seller,
deposit of the cheque will be made after the 7th day following delivery.
PAYMENT
Prices are indicated in Euros.
Prices are indicated net, VAT being not applicable, as set forth in CGI Article 293 bis.
Total payment shall be made for works under 50 Euros€.
In all cases, 50% of the price shall be paid to validate an order.
By post, payment shall be made with a cheque indicating the client's name and delivery address.
By e-mail, payment can be made thanks to secure PayPal ( Credit card /Visa/ Eurocard-Mastercard)
Property transfer is held until total payment. Fees for second presentation of the cheque to the bank will be at the client's charge.
Any dispute shall be mentionned within 45 days after transaction through PayPal
RIGHT OF RETRACTION
According to consumer Code Article 121-20-2 , right of retraction does not apply to goods made according to the client's specifications or personnalized.
As a consequence a client purchasing a personnalized portrait may not take advantage of retraction right.
DELIVERY
In case of order acceptance, NADE BERNARD undertakes to sell and deliver to the address given by the client, within the deadline set for each work technique. An order is considered complete from receipt of good quality pictures, as well as deposit or total payment. If the work should be considered as urgent, please contact me (short deadlines and express mail service available).
Works are dispatched at client's risk, who shall verify parcel condition. If necessary, in case of damage, substitution or gap, the client shall use against carrier the procedures setforth in Consumer Code Articles 105 and following, particulary in case of claim sent by registered mail client agrees to exclude any action against NADE BERNARD ;
"FORCE MAJEURE" : the following events shall be considered as force majeure -strike, civil or foreign war, terrorist act, part or total destructionof premises, transport delay, any custom issue, or any other event preventing or delaying complete or part of the work made by NADE BERNARD. .
COMPLAINT
Complaints on conspicuous defect or noncormity of the delivered work should be addressed to the seller within a maximum period of 15 days after delivery. After this period no complaint will be taken into account.
Any payment issue will cancel the sale and give property rights to NADE BERNARD, including commercial exploitation and publication on internet after one single modification.
WARRANTY
Hidden or unpredictable defect:
The client benefits from the improvisions of legal garantee for hidden defect.
Portraits may does not correspond to the picture sent. There will be no extra payment for the painter.
NADE BERNARD warrants to deposit the cheque only after client's agreement made by phone call, mail or e-mail, and at the earliest on the 7th day following work delivery if no answer is given by the client. NADE
BERNARD warrants to respect cheque deposit deadlines in case of delayed deposit.
In case of client's total dissatisfaction, recognized by the artist, amounts paid will be reimbursed (cheque will be sent back, PayPal will be reimbursed). In return NADE BERNARD will become owner of the work again and will enjoy full ownership..
Purchase of a new work will be proposed to the client.
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