TERMS AND CONDITIONS OF SALE
Effective August 14, 2023
The purpose of this document is to bring together all the legal information governing the contractual relations between Marie Ange Mory, artist and author, founder of Sindu, and her individual customers.
The present General Terms and Conditions of Sale determine the conditions applicable to the sale of products offered on the website accessible at the URL : www.sindu.fr
Online orders can be placed with Marie Ange Mory, artist-author, via the website www.sindu.fr implies full and unreserved acceptance of these terms and conditions of sale.
These general terms and conditions of sale govern the relationship between :
On the one hand,
The Company Marie Ange Mory, artist and author, owner of the website
www.sindu.fr
whose head office is located at Tour des Floralies, avenue Aristide Briand, 13620 Carry-le-Rouet.
hereinafter referred to as “the Vendor
And, secondly,
The person who makes a remote purchase via the website http://www.sindu.fr
hereinafter referred to as “the Customer
DEFINITIONS
- The Individual Customer Refers to any natural person acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity and would like to order a service or a product. The Individual Customer may also be referred to as the “Customer” and “you” in these GCS.
- The Vendor: Refers to Marie Ange Mory, artist, author who proceeds with the sale of products under these general conditions of sale.
- The parties: Refers jointly to Marie Ange Mory, artist, author and the individual customer in the context of these general terms and conditions of sale.
- GSC Refers to the present general terms and conditions of sale, detailed below.
- The Quotation : Refers to the costed estimate drawn up by Marie Ange Mory, artist, author describing the Product(s) subject to the Order.
- The Order : Refers to the act of purchasing concluded remotely by the Customer on the WWW.SINDU.FR website in order to benefit from the services offered by Marie Ange Mory, artist, author.
- Products: Refers to custom-made canvases, paintings, paintings on paper, one-of-a-kind silk squares, limited edition silk squares offered by Marie Ange Mory, artist, author, on the website
www.sindu.fr
- Personal Data : Refers to all information relating to a natural person that is directly or indirectly identifiable or identified.
- The Site: Refers to the website accessible via the URL https://
www.sindu.fr
ARTICLE 1. Purpose and scope
These General Terms and Conditions constitute the sole basis of the commercial relationship between the Vendor and its customers, and govern the conditions under which the the Vendor supplies its products.
The applicable GTCS are those in force on the date of validation of the product order.
The Seller reserves the right to modify its products as well as their prices, without prior notice and without any other formality than that of modifying the present applicable general conditions.
The present General Terms and Conditions will be available to the Customer before the order is validated. No order can be validated by the Customer without prior acceptance of these GTC.. The Customer must confirm his acceptance of the present GTC in force on the date the order is placed by means of a checkbox.
The products Marie Ange Mory, artist, authorartist, author are designed for sale to consumer customers only, and are not intended for professional customers, resellers or intermediaries working on behalf of a reseller. Therefore, the customer warrants that he/she is acting solely as a consumer and does not intend to resell the Products. Marie Ange Mory, artist, author, for commercial purposes.
The Customer declares :
- Be legally capable of entering into a contract under French law, or validly represent the natural person on whose behalf he or she is entering into a contract.
- Acknowledge that he/she has had access to the information necessary to ensure that the offer meets his/her needs.
- That these General Terms and Conditions of Sale and all the information listed in
article L 221-5 of the French Consumer Code
have been communicated to him prior to the conclusion of the contract, in a legible and accessible manner.
In the absence of proof to the contrary, the information provided by the Customer and the information recorded by the the Vendor constitute proof of all transactions
ARTICLE 2. Product presentation and availability
2.1 Product presentation
The contractual information relating to the Products offered for sale is presented in detail on the site
www.sindu.fr
and in French. The Customer may consult them freely.
The Customer is informed that the illustrations or photographs of the products offered for sale have no contractual value and that the Vendor may not be held liable in this respect, subject to the application of the imperative legal guarantees provided.
Lhe seller guarantees that the photographs of the Products have been taken under standard conditions for the sector in question, with the Products themselves.
Nevertheless, the seller cannot guarantee that the presentation of the Products will be exactly identical to the photographs, in particular due to the technical constraints of making photographs available on the Site.
For Silk scarf Products, prior to placing an Order, the Customer must familiarize himself/herself with the essential characteristics of the Products (in particular on the detailed information sheets for each Product on the Site), in accordance with EU regulation no. 1007/2011/EC of September 27, 2011 and the provisions of article L 111-1 of the French Consumer Code.n. In case of doubt, the customer can contact customer service by e-mail marieangemory@sindu.fr for further information.
With regard to all Products offered for sale on the Site, the Customer is fully aware that the Products are protected by copyright. Total or partial reproduction of products paintings on paper and silk squares by any means whatsoever, is strictly forbidden without prior written authorization from the Vendor. By purchasing a Product on the Site, the Customer undertakes not to reproduce, adapt, modify or commercially exploit the Product in any way whatsoever. Any breach of this prohibition may result in prosecution.
2.2 Product availability
Product offers are subject to stock availability. Marie Ange Mory, artist and author, offers products made by French craftsmen. Consequently, our stocks are limited. Sindu silk squares are made by French craftsmen. Depending on the time of year, order production times may be extended.
At the time of order validation, there may be a difference between the stock displayed on the Site and that physically available, due to simultaneous orders of the same product by several customers.
Sales are therefore subject to the availability of products in stock, and the Seller reserves the right to retain ownership of the products until full payment has been received.
In the event of unavailability of a product after the order has been placed, the Vendor undertakes to inform the Customer promptly by e-mail or telephone. The customer may choose to order another product or cancel the order.
The Vendor is not liable in the event of products being out of stock or unavailable.
The Vendor also reserves the right to change the products offered on the site at any time without prior notice, and may limit the quantity of products that can be purchased by a customer in accordance with applicable laws, in particular Article L. 121-11 of the French Consumer Codeto guarantee better service quality and product availability for all customers.
2.3 Pre-order products
Certain Products may be pre-ordered in particular for our limited-edition collections of silk squares. Pre-orders are advance orders that allow you to reserve a product that is not yet available for sale. not yet available for sale.
In the event that certain Products are pre-ordered on the Site, the pre-order will be paid for in the same way as a standard order, at the same time as the rest of the basket, which may contain other standard-order items. Woo commerce WordPress extension.
The availability date of a pre-ordered Product will be clearly indicated on the product sheet and the Customer will be informed of any change in this date by e-mail or on his customer account.
If the pre-ordered product is not available for any reason beyond the control of Marie Ange Mory, artist, author (
for example, an interruption in production, a shortage of raw materials
), the Customer will be informed immediately and the Vendor will proceed with a full refund of the order.
ARTICLE 3. The price
All prices presented on the Site are in Euros, all taxes included, and are precisely determined on the Product description pages, excluding specific delivery charges to be paid by the Customer.
The Seller reserves the right to modify its prices without prior notice while guaranteeing the application of the prices indicated on the Site. www.sindu.fr at the time of order validation.
Internet access fees required to access the Site www.sindu.fr are at the customer’s expense.
The prices of products displayed on the Site do not cover shipping, transport and delivery costs, which will be invoiced in addition, except for silk squares for which shipping costs may be included. These costs are specified in a separate section when the order is placed, and will be determined according to the characteristics of the order and the destination address. The Customer will be informed of these costs before validating the order. Fees are expressed in Euros and include all applicable taxes.
ARTICLE 4. How to order
Example of an ordering process
In order to place an order, the Customer must complete the following steps:
4.1. Selection of products of your choice
Lhe Customer selects the Products he wishes to order on the Site and adds them to his virtual basket.
The description and availability of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
4.2. Create a customer area
Before validating his order, the Customer must create a customer space on the Site, by providing the requested information (e-mail address and password).
The customer undertakes to provide accurate, complete and up-to-date information when creating a customer area. Some of the Customer’s personal data is required for the proper execution of the Order and the creation of the Customer space (e.g. name, delivery address, etc.). In this respect, the Customer should familiarize himself/herself with the Vendor’s Personal Data Protection Policy, which is directly accessible on the Site.
The creation of a customer area allows you to :
- access order history
In the event of loss, theft or fraudulent use of his identifiers (e-mail and password), the Customer undertakes to inform the Vendor immediately.
To deactivate the customer account, this can be done by sending an email.
4.3. Delivery method validation
The Customer must choose a delivery method and fill in the information required for the order to be shipped correctly, as well as any other information required to process the order.
The following delivery options are available:
- Chronopost
- Colissimo
Delivery charges to be paid by the Customer will be indicated in Euros, all taxes included.
Canvas is delivered by a carrier. For canvas shipment in France, the carrier is the French company Convelio. Delivery charges are at the customer’s expense.
4.4 Confirmation of order and payment
Instructions for the payment of products, terms of delivery and delivery times of the order will be specified before the validation of the order.
INDICATE PROCESS
- The customer must validate the order by clicking on the validation button. Validation of the order implies unreserved acceptance of these general conditions of sale and the privacy policy.
via a checkbox
as well as the prices and characteristics of the products ordered.
- A summary of your order will be sent to you to confirm the validity of the order. The Customer will be able to check the Products selected, correct any errors and delete certain Products before definitively confirming the order.
- Details of delivery times and methods will be given to the customer.
- Payment confirmation : A request for confirmation of payment via the platform will be sent to you.
4.5. Order confirmation
The Vendor sends the Customer an order confirmation e-mail summarizing the products ordered, their prices, delivery charges and payment terms. This order confirmation formalizes the contract.
Customers are informed that the information they provide when placing an order is their own responsibility. The Vendor cannot be held responsible for any input errors made by the Customer when placing an order.
The Vendor reserves the right to refuse any order for legitimate reasons, in particular in the event of non-payment in full of the order or of an ongoing dispute with the Customer. The Customer will be informed by e-mail as soon as possible.
4.6. Invoice
The Vendor will send the Customer an invoice by email to the billing address given at the time of the order. The customer is invited to save or print the invoice and keep it.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information can be used as proof of the contract. Specify how invoices and purchase orders are to be archived, and the conditions for storing and accessing these documents.
ARTICLE 5. Payment methods
5.1 Payment terms
Payment for products, pre-ordered products and custom orders must be made in full on the day the order is placed on the Website.
5.2 Payment methods
The Customer may make payments :
- By credit card
The customer pays on the website
www.sindu.fr
via the secure platforms of our partner Stripe.
The customer expressly acknowledges that the communication of his/her credit card number to Marie Ange Mory, artist-author, constitutes authorization to debit his/her account up to the price of the products ordered. Where applicable, notification of cancellation of an order for non-payment will be sent to the customer by Marie Ange Mory, artist and author to the e-mail address provided by the customer when registering on the site.
In accordance with
article L. 132-2 of the French Monetary and Financial Code
the commitment to pay given by means of a payment card is irrevocable.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name on the bank card is indeed his/her own.
Data recorded and stored by Marie Ange Mory, artist, author constitute proof of the order and of all sales made. The data recorded by the payment platforms constitute proof of any financial transaction between the Customer and Marie Ange Mory, artist and author.
The customer confirms that he/she is the legal holder of the bank account to be debited, that he/she is legally entitled to use it and undertakes to ensure that the invoiced amount is credited to his/her bank account at the time of payment of the Service.
If the customer is unable to provide proof of an effective bank transfer on the day of the service, Marie Ange Mory, artist, author reserves the right to suspend or cancel the Service.whatever its nature and whatever its level of execution. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by bank transfer is irrevocable.
ARTICLE 6. Delivery times
6.1 Delivery method
Items purchased on the Site can only be shipped to the countries listed below: France, Monaco.
Any order placed on the Site outside these countries will not be accepted.
Products are sent to the delivery address provided by the Customer during the ordering process. To avoid any delivery problems (incorrect address, incorrect recipient, etc.), it is crucial to provide accurate information.
Marie Ange Mory, artist, author declines all responsibility for any delivery incident caused by an incorrect or incomplete delivery address.
When placing an Order, the Customer has the choice between :
- Home delivery by Colissimo
- Home delivery by carrier for paintings.
6.2 Delivery times for standard products
Delivery terms and charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time the Order is validated.
It is expressly specified that the amount of delivery charges may vary depending on the territory in which the Products are delivered, which the Customer expressly acknowledges and accepts.
Delivery times for paintings vary from 11 to 23 working days. Transport insurance is included. Delivery times exclude Saturdays, Sundays and public holidays.
Silk scarves are delivered by colissimo: This delivery method guarantees delivery of the parcel within seven (7) days of dispatch, Monday to Saturday.
When the customer orders several products at the same time, these may have different delivery times, which are routed as follows: you will receive the products as and when they become available.
Delivery times include order preparation, dispatch of the order, as well as the time required to get the products to the point of delivery. The customer can track his order and the delivery of his Product in the following ways: Tracking number on the post office website or on the Convelio carrier website.
.
- For Colissimo : On the Colissimo website with the order number.
- For transport: on Convelio’s website
Products are delivered to the delivery address given at the time of ordering, according to the option chosen by the Customer when validating the order.
6.3 Delivery times for pre-ordered products
Please note that if you pre-order a product at the same time as an available product, the products will be shipped as they become available.
6.4 Late delivery
In the event of a delay in shipment, for example if the product is no longer in stock, the customer will be informed by email.
In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in
Article L 216-6 of the French Consumer Code
. The Vendor will then reimburse all sums paid when the order was placed under the conditions of
Article L 216-7 of the French Consumer Code
.
All risk of loss or damage to the Product is transferred to the Customer at the time the Customer (or a third party designated by the Customer) takes physical possession of the goods upon delivery.
Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged.
If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents.
ARTICLE 7. Retention of title clause
Marie Ange Mory, artist and author retains ownership of the Products ordered until full payment has been received from the Customer. However, the Customer is responsible for the risks associated with the Products (including the risks of loss, theft or deterioration) as soon as they have been delivered to the address specified at the time of the order.
ARTICLE 8. Right of withdrawal
8.1 Cancellation period
In accordance with
articles L.221-5 and L221-18 et seq. of the French Consumer Code
for a contract concluded at a distance, the Customer has a period of 14 days to withdraw from the present contract without giving any reason.
The withdrawal period expires 14 days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product.
AttentionThere will be no for custom-made products.
8.2 Terms of the right of withdrawal
To exercise his/her right of withdrawal, the Customer must notify in writing within 14 days of delivery of the Product to Marie Ange Mory,
marieangemory@sindu.fr
)of his/her explicit wish to withdraw.
The Customer may also complete and send the model withdrawal form below (8.3) or any other unambiguous statement.
The Vendor will send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (by e-mail).
New Product(s) must be returned in their original packaging and in perfect condition (any damaged, incomplete, damaged or deteriorated packaging will not be accepted), for reimbursement without penalty.
The Customer must therefore place the packaging containing the product in suitable packaging to which the return label will be affixed (at the Customer’s expense), before shipping it. The Customer must also enclose a copy of the invoice or any other element enabling the Order and its holder to be identified.
Only the Customer identified as such to the Vendor may exercise this right of withdrawal, to the exclusion of any other person, and in particular the person to whom the delivery is addressed.
Upon return of the Product(s) by the Customer, any risk of loss or damage to the goods is the responsibility of the Customer and the third party designated by the Customer to transport the returned Product(s).
If the parcel is lost, stolen or damaged, the Seller reserves the right to refuse reimbursement of the product(s).
8.3 Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract by clicking on the following link: withdrawal form.
8.4 Effect of the right of withdrawal
When the right of withdrawal is exercised, the Vendor will reimburse the Customer for the full amount of the order, including any delivery charges paid by the Customer, at the latest within fourteen days from the date of return of the Product(s) or until the Customer has provided proof of shipment of the Product(s), whichever comes first.
However, direct return costs (product return costs, export/import taxes resulting from the return) will be borne by the Customer.
Marie Ange Mory, artist and author will make this refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.
Marie Ange Mory, artist and author is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method offered by Marie Ange Mory, artiste auteur.
8.5 Limitations on the right of withdrawal
Under no circumstances may the Customer’s use of the right of withdrawal be abusive. Any order returned incomplete, damaged, soiled, deteriorated, used, worn or washed will not be reimbursed.
The Customer undertakes to handle and inspect the product as he would in a store. Thus, the customer may be held liable for product depreciation if such depreciation results from handling other than that required to examine the product’s characteristics.
For example, the customer is forbidden to wash, use, wear or damage the Product, particularly for silk squares.
The Customer must examine and handle the Products with care.
ARTICLE 9. Legal warranties
In accordance with
article L.411-1 of the French Consumer Code
the products offered for sale under the present GTC comply with current regulations relating to personal health and safety, fair trading and consumer protection.
Irrespective of any commercial warranty, the Vendor remains liable for defects in product conformity under the conditions of
articles L 217-4 et seq. of the French Consumer Code
and for latent defects in the product under the conditions provided for in
articles 1641 et seq. of the French Civil Code
.
9.1. Legal warranty of conformity
Marie Ange Mory, Artist and Author, is responsible for defects in conformity existing at the time of delivery of the Products.
In accordance with
articles L.217-4 et seq. of the French Consumer Code
, Marie Ange Mory, Artist Author, is required to deliver Products in conformity with each Customer’s order, i.e. :
– Products corresponding to the description given;
– Products presenting the qualities that the Customer may legitimately expect in view of the declarations provided.
The legal guarantee of conformity is a guarantee against all manufacturing defects at the time of purchase or delivery of a product.
We speak of
lack of conformity
in the following situations:
- Property unfit for the use ordinarily expected of similar property;
- Property does not correspond to the description given by the seller even though it works perfectly ;
- Goods that do not possess the qualities advertised by the seller or specifically agreed with the customer;
- Goods that have a manufacturing defect, imperfection or poor assembly;
However, the legal warranty of conformity does not apply in the following cases:
– The Customer was aware of the defect at the time of purchase;
– The Customer could not have been unaware of the defect at the time of purchase as he was informed of it by the Seller;
– The defect results from materials supplied or added by the Customer.
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
– Has a period of two years from delivery of the goods to take action against the Seller;
– Has the right to have the good repaired or replaced within 2 working years of receiving the product;
– You do not have to prove the existence of a lack of conformity of the Product during the 2 years following the delivery of the Product;
– May decide that the legal warranty of conformity applies independently of any commercial warranty that the seller may have granted to the consumer;
– Can decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the French Civil Code and that in this case he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
The customer informs Marie Ange Mory, artist authorof its desire to implement the legal guarantee of conformity, by BY REGISTERED LETTER.
In accordance with
article L 217-17 of the French Consumer Code
In accordance with article L 217-17 of the French Consumer Code, the Customer will be reimbursed for any sums owed by the Company upon receipt of the goods, at the latest within two years following receipt of the goods and the discovery of the non-conformity of the item.
- Exclusions: The legal warranty of conformity may not apply if the defect is caused by misuse of the product, unauthorized modifications or accidental damage.
The application of the legal warranty of conformity must take place at no cost to the customer. The Product(s) will be returned according to the following procedure:
For silk squares, by colissimo return label.
Marie Ange Mory, artist author reimburses these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the latter expressly agrees, and in any case without any additional cost.
9.2. Legal warranty against hidden defects
In accordance
articles 1641 et seq. of the French Civil Code
, Marie Ange Mory, artist and author is liable for hidden defects in the Products sold which render them unsuitable for or significantly affect the use for which they were intended. The Customer may bring an action on the basis of a latent defect within two years of the discovery of the defect in accordance with the following provisions. article 1648 of the French Civil Code.
Under the legal warranty for hidden defects, Marie Ange Mory, artist authoraccording to the Customer’s choice, undertakes :
– To refund the full price of the Product concerned;
– To refund part of the price of the Product if the Customer decides to keep it.
Refunds can be requested as follows: (Describe the procedure and how the product is to be returned at no cost to the customer).
Refunds for defective Products will be made as soon as possible, and at the latest within 14 days of their discovery by Marie Ange Mory, artist author of the lack of conformity or hidden defect, at no cost to the Customer.
ARTICLE 10. Limitation of liability
10.1 Force majeure
Performance of the seller’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance, in accordance with
article 1218 of the French Civil Code
and French case law.
Force majeure is defined as any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which the parties are unable to prevent despite all reasonable efforts.
The seller will immediately notify the customer of the occurrence of such an event as soon as possible.
10.2 Product use
The Customer undertakes to use the Products in accordance with the use usually expected of a similar good and in strict compliance with the instructions for use supplied by the Vendor.
Consequently, the company shall not be held liable in the event of improper use of the Products by the Customer or a third party.
ARTICLE 11. Protecting your personal data
Only the Customer’s personal data strictly necessary for the performance of services will be collected and processed by Marie Ange Mory, artist and author. The processing of this data will be carried out with respect for privacy in accordance with the French Data Protection Act no. 78-17 of January 6, 1978 and the European Data Protection Regulation (“RGPD”).
The privacy policy can be accessed directly on the Site under the heading
“Privacy policy and cookie management”.
The Customer is invited to read it via the following link (put your RGPD policy link)
The purpose of the privacy policy is to inform users:
- How their personal data is collected and how long it is kept.
- On the rights they have concerning this data;
- On the person responsible for processing the personal data collected and processed ;
- On the recipients of this personal data;
As a reminder, in accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, rectify, delete and oppose their personal data.
To exercise these rights, the Customer may send an email to marieangemory@sindu.fr
ARTICLE 12. Promotional codes (Optional clause template)
Promotional codes apply to non-rebated base prices only. Promotional codes are not cumulative. Promotional codes can be used 1 time per customer account unless otherwise instructed. These codes are non-refundable when exchanged.
ARTICLE 13. Intellectual property
The brand, domain name, logo, texts, products, videos or more generally any information subject to intellectual property rights are and remain the exclusive property of Marie Ange Mory, artist, author.
As a general rule, these general terms and conditions of sale must not be interpreted as granting the Customer, explicitly or implicitly, any right whatsoever (by means of a license or otherwise) to the Seller’s names, trademarks, logos, acronyms and other distinctive elements.
No transfer of intellectual property rights is made through these GTC.
Sindu is a trademark registered with the INPI by Eric Dupont.
Concerning all the Products offered for sale on the Site www.sindu.fr the Customer is fully aware that the Products are protected by copyright. Total or partial reproduction of the Products offered for sale, by any means whatsoever, is strictly forbidden without prior written authorization from the Vendor.
By purchasing a Product on the Site, the customer undertakes not to reproduce, adapt, modify or commercially exploit the Product in any way whatsoever. Any breach of this prohibition may result in prosecution.
ARTICLE 14. Applicable law and independence of clauses
If one or more of the provisions of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other provisions will retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GCS shall not be construed as a waiver of the obligation in question for the future.
Failing amicable resolution of a dispute between the Vendor and one of its customers, the French courts will have sole jurisdiction to hear the case, in accordance with the rules of territorial jurisdiction in force (article 46 of the French Code of Civil Procedure).
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.