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GENERAL TERMS OF SALE
The Smile Factory is a site of on-line sale which has for object the sale of the original drawings of smiles create by Sophie Raynaud.
The present general terms of sale are applicable to purchases made via the www.lafabriquedusourire.com web site, by private individuals living in France and on the international stage, for deliveries in France and on the international stage. They define:
> > > the rights and duties of the gallery towards the buyer,
> > > as well as the rights and duties of the buyer towards the gallery.
The fact for the buyer to fill(perform) an order form on the site and to confirm this command(order) is worth full and whole acceptance of the present general conditions, which, added to the order form, establish(constitute) the sale contract.
The Factory of the Smile saves itself the power to modify its terms of sale at any time. In this case, the applicable conditions will be the ones current in the order date by the buyer.
1-Characteristics of the proposed goods and services
On the site are put on sale: original drawings create and edited by the artist Sophie Raynaud under various supports
The works which appear in the catalog published on the site, are proposed in the on-line purchase subject to their availability. Every work is accompanied with a description indicating its title, its size, its composition, its price.
An invoice resuming all this information will be joined to the ordered object, in the delivery.
If you wish to obtain further information, you can ask for them by e-mail.
The photos of the catalog are the most faithful possible but they cannot guarantee the perfect identity of the colors of the work or the proposed reproduction, with the image which is supplied with it on-line (the screen display restores colors differently).
2-The Order of work via the site
To order a drawing on the site, you have to fill the provided order form. This order form specifies the characteristics of the work and the method of payment which you chose. You have to confirm your order “by clicking” the icon planned for that purpose.
This confirmation of order takes conclusion of the sale contract of the ordered work, provided that The Smile Factory confirms you the availability of the ordered good.
The Smile Facotry will acknowledge receipt of your order by sending you immediately an e-mail. This mail will specify that your order will definitively be confirmed after check of the availability of the work and the validation of your payment. The validation of the payment intervenes after the agreement of the center of authorization (in case of credit card payment), or after collection of your check (in case of payment by check).
The prices mentioned in the catalog do not include the transport costs, which are indicated as you place order. These transport costs are carriage forward charged or carriage paid, in your choice at the time of the order.
The indicated prices are prices including tax in euros of the works or the reproductions and take into account the applicable VAT in the day of the order:
> > > 7 % rate applicable to books
> > > 20 % rate applicable to the purchases of the works
Any change of the rate can be echoed by the gallery on the price of products or services.
The Factory of the Smile reserves the right to modify its prices(prizes); the price(prize) owed by the buyer is the one who appears in the catalog the day of the command(order) by the buyer.
Clause of property reserve: the works and the reproductions remain the property of the seller, up to the complete payment of the price(prize).
4-Payment of purchases
You can settle your purchases by bank card (accepted cards: Eurocard, MasterCard, Visa, Credit card). In this case, you have a dialogue directly with the server of secure payment of your bank, which guarantees the confidentiality of the supplied information.
The server of secure payment makes the check of the validity of the bank card used before granting the authorization of payment and confirms us automatically the result.
You can also settle your purchases by check emanating from a French bank. In this case, denominate your check in euros, in the order Sophie Raynaud and post it at the following address:
Sophie Raynaud 6, rue du Pré to the Clerks 75007 Paris
Do not forget to indicate your e-mail address to the back of the cheque as well as the number of your order.
5- The Delivery
The commanded work seralivrée, during the working hours, in the delivery address which you will have indicated on the order form, for an average deadline from 2 to 3 days after the date in which we shall have confirmed your order (confirmation of order after check of the availability of the work and the validation of your payment).
These deadlines are the usual average deadlines and correspond to the processing time of your order to which are added the deadlines of transport.
We advise you to verify the contents of the parcel in its delivery. In case these contents would seem to you damaged or incomplete, make immediately your remarks to the carrier, in writing, on the voucher which he has to put back you for signature. If you were not able to verify the parcel during the delivery, you have 3 days (excluded holidays) to send these remarks to the carrier, by registered letter. We thank you for informing us of your remarks at the same time by mail at the address of the gallery or by e-mail in email@example.com.
The risks on the bought goods are transferred to the buyer, and assumed by him, as soon as the work or the reproduction leaves the premises of the gallery: the goods are transported and delivered from then on, under the responsibility of the carrier, and to the risks of the carrier, provided that you make be worth your rights in 3 days of the delivery. If not, it is you who support the damage susceptible to arise in the goods.
6- Satisfied or your money back
If the product does not correspond to your expectations, you have, according to the article L.121-20 of the Code of the Consumption, the deadline of 7 true days from the date in whom you received the order to turn us the product to its original packing afin, according to your preference, exchange him or be paid off. You will owe us no penalty, only the expenses of return are at your expense.
If this deadline expires one Saturday, on Sunday or a day off, he is extended until the next first working day.
The Factory of the Smile makes a commitment to pay off you in 30 days following the reception of the parcel.
In case you did not receive the commanded product yet, more than 7 days after the deadline suited for the delivery, you can, according to the article L.121-20-3 of the Code of the Consumption, ask us to cancel the order, if the amount of the order exceeds 500 euros TTC. To exercise this right, send a registered letter with request of acknowledgement of receipt to this address: Sophie Raynaud, 6, rue du Pré to the clerks, 75007 Paris.
The Smile Factory makes a commitment to pay off you as soon as possible.
7- Cases of major force affecting the contract
The Factory of the Smile cannot be held responsible for any delay or non-fulfillment, if such a delay or a non-fulfillment results from a case of force majeure (for example a storm), according to the article 1148 of the Civil code, such as interpreted by the French jurisprudence.
8- Your rights on the work
By acquiring the work, you do not become for all that a holder of copyright on the work: the artist is only holder of copyright on his creation, and his authorization is necessary before any reproduction or public representation which you would like to make of the work. Your rights on the bought work limit themselves to a right of user deprived of the bought material support.
9- What we are doing of your personal information
The information which you communicate to the gallery in the registration form and the order form, or by way, will be the object of a computerized treatment intended to manage your order, to guarantee the safety of the payment, to send you the commanded work and in our business connections.
According to the law N 78-17 of January 6th, 1978 (computing and liberties), you can reach this information, ask for their modification or their rectification. It is enough to you for it to send us an e-mail to the following address: firstname.lastname@example.org
You benefit from all the legal guarantees.
“The seller has to deliver the good in compliance with the contract and answers defects of conformity existing during the delivery. He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his/her expense by the contract or was realized under its responsibility.” Article L 211-4 of the Code of the consumption
“To be in compliance with the contract, the good owes: 1 ° to Be appropriate to the use usually expected from the similar good and, if necessary: correspond to the description given by the seller and possess the qualities which this one presented to the buyer in the form of sample or in the form of model; present the qualities for which a buyer can legitimately wait in view of the public declarations made by the seller, by the producer or by his representative, in particular in the advertising or the labeling; 2 ° Either to present the characteristics defined by mutual agreement by the parts or to be appropriate to any special use looked for by the buyer, notified to the seller and whom the latter accepted.” Article L 211-5 of the Code of the consumption
“The action resulting from the defect of conformity lapses by two years as from the delivery of the good.” Article L 211-12 of the Code of the consumption
“The seller is kept of the guarantee at the rate of the defects hidden from the sold thing which make her unfit for the use for which she is intended, or which so decrease this use, that the buyer would not have acquired him, or would not have given to it only a lesser price, if he had known them.” Article 1641 of the Civil code
“The action resulting from crippling vices must be instituted by the buyer within two years as from the discovery of the vice.” Article 1648 of the Civil code 11- Dispute settlement
11- Règlement des litiges
The present online terms of sale are subjected to the French law. Any dispute arisen from training, from the interpretation or from the execution of the Contract will be the object of an attempt of amicable resolution, before being subjected to the competent courts.