GENERAL CONDITIONS OF SALE
rThe present conditions of sale bind the APBP company, with a capital of 7,622.45 Euros, whose head office is located in Route Ecospace 67120 MOLSHEIM, and which is registered at the Saverne Business and Companies Registry with the identification number B598501609, hereinafter referred to as « APBP »; and any person (physical or legal entity) who would wish to proceed with a purchase on the « APBP » website, hereinafter referred to as « the buyer».
ARTICLE 1: AIMS
The present conditions of sale aim to define the contractual relations between APBP and the buyer, and the conditions that apply in connection with every purchase effected via electronic means (the market site of the APBP).
The acquisition of a piece of property via the present site, implies that buyer agrees to a unanimous agreement of the present conditions of sale.
The conditions of sale shall prevail over any and all other general or particular conditions which are not explicitly agreed by the APHB.
APHB reserves the right to modify these conditions of sale at any time. In such a case, the applicable conditions will be those that are active on the date that the buyer submitted the purchase order.
ARTICLE 2: SELLER’S IDENTIFICATION
Association for the Publication of Artists Painting with their Mouths or with their Feet, Limited Liability Company (A.P.H.B.)
- Address for correspondence and claims: Route Ecospace 67955 STRASBOURG CEDEX 9
- Email address: contact(at)apbp.fr
- Telephone number (premium rate call) : 03 88 47 96 98 (Monday-Thursday 08:15-12:00 and 12:30-16:45 and Friday 08:15-12:15).
- Individual VAT identification number (article 286 ter of the general tax code): FR16 598 501 609
ARTICLE 3: ESSENTIAL CHARACTERISTICS OF THE GOODS ON OFFER
The products on offer are those listed in the catalogue that is published on the ABPB website.
These products are available while stocks list.
ARTICLE 4: PRICES
The prices listed in the catalogue include turnover including tax, in Euros, while also taking into account the VAT rate valid on the day when a given order is made, in Euros; any and all changes to the rate may be reflected in the price of the products or the services.
APHB reserves the right to modify these prices at any time; however, for the buyer, only the price that is listed in the catalogue on the day the order was made, shall apply.
The prices indicated do not include the fees attached to the treatment of orders, transportation and packaging as part of a delivery within metropolitan France – these are invoiced in change; and they total 4€ per order.
ARTICLE 5: GEOGRAPHICAL SPHERE
The online selling of the products and services listed on the site, is reserved to those buyers who live in metropolitan France and who would demand deliveries within metropolitan France.
ARTICLE 6: ORDERS
The buyer, in his / her act of purchasing a product, is obliged to the following:
- to fill in the identification form, on which he / she shall indicate all the required co-ordinates asked for, or supply his / her client number if he / she has one;
- fill in the online order form, supplying all the references of the chosen products;
- validate the command after having verified it;
- effect the payment in a manner consistent with the conditions stated;
- confirm his / her order and the binding rules and regulations.
Every product order proposed on the site, requires the express consultation and acceptance of the general conditions of sale; unless such an acceptance would be subject to a written signature on the part of the buyer.
All the data provided, and the registered confirmation, will count as sufficient proof of the transaction. The confirmation requires a signature with acceptance of the effected operations.
The seller shall communicate a confirmation of the registered order by email.
Conclusion of the on-line contract:
1st click: a summary of the order, with the chance to correct any errors
Prior to confirming his / her acceptance of the offer, the consumer is to verify:
− The details of his / order
− The products and / or services covered
− Possible price reductions
− Payment method
− Delivery method.
− The total price (turnover including tax)
and correct any errors.
Confirmation of the order by the consumer:
2nd click: confirmation of the order; definitive conclusion of the contract
The consumer confirms the order, adhering to the following summary elements:
− Information relative to the offer of the contract (seller’s name and co-ordinates; delivery fees, payment methods, delivery methods, execution methods);
− Information on the conditions and modalities governing the retraction law;
− The address of the establishment of the provider or the consumer can be referred to in his / her claims;
− Information relative to the after-sales service, with the appropriate commercial guarantees;
− Contract cancellation conditions, when the contract is indefinite or it lasts for longer than one year.
The contract shall be concluded definitively between the two parties, as soon as the consumer has agreed to supply the capital required for the acceptance of the contract via the usual double click.
Order reception slip by email: order registration
The seller / service provider shall send to the buyer an order reception slip by email, as soon as possible. This formality shall grant the buyer the proof that his / her wish to contract has been fully registered.
ARTICLE 7: PAYMENT METHODS
The price is subject to the order.
Only the Bank Card payment method (Bleue, Visa, Mastercard) may be used by the buyer to validate his / her order. This will allow the payment to be effected immediately online by Bank Card (unless the server fails to run / be available).
The payments conducted by bank card, shall be conducted via the mPay24 securitised system which uses the SSL (Secure Socket Layer) protocol, allowing the transferable information to be encrypted by certain software, thereby preventing any third party from gaining access to the key details as it is transported on the network.
The buyer’s account will only be debited after the dispatching of the available products; and it will be credited only with the amount paid for the products being sent.
The buyer can request that there be addressed to him / her a paper-form invoice indicating the VAT.
ARTICLE 8: THE LAW AND RETRACTION DEADLINES
The buyers, acting as non-professional physical entities, may benefit from a retraction deadline of seven (7) free days from the reception of their order during which they may return the product to the seller at the seller’s expense and ask for a reimbursement at no charge – this does not include return fees.
The product(s) must be returned to the following address:
A.P.B.P. route Ecospace 67955 STRASBOURG CEDEX 9
If the above mentioned conditions are met, APHB shall reimburse to the buyer the sums that he / she has paid (the sum of the order, as well as the delivery fees), as soon as possible and no later than thirty (30) days from the date when ABPB received the package (the date of the reception by APHB must feature notification to the APHB of the buyer’s enacting of his retraction right); however, this excludes any fees incurred by the return of the products to APHB – these remain at the expense of the buyer.
However, the personalised articles relating to the buyer’s request may be neither exchanged nor reimbursed; unless the realisation of the same fails to conform to the specifications of the order form or if there are any typos.
This reimbursement can take place via any payment method. If the APHB should so request, the consumer, having exercised his / her retraction right, can however at any time opt for another modality for reimbursement.
ARTICLE 9: DELIVERIES
1. The products ordered by the buyer, shall be delivered solely within metropolitan France, to the address indicated by the latter on the order form.
The products shall be delivered by post: « recorded delivery package 48 hours ». The 48 hours delivery deadline starts from when the parcel is readmitted at the Post Office.
The risk fees shall be at the expense of the buyer, from the moment when the products left the APHB premises. Should these products be damaged during transportation, the relevant complaint must be registered with the transporter within three (3) days counting from the delivery, by recorded delivery letter.
APHB shall conduct its best efforts to ensure that the order will be delivered within fifteen (15) open days counting from the day following that when the buyer confirmed the order.
If it should be the case that the delivery date of the product gets exceeded by seven days, and this is not due to any force majeure event, the buyer shall have the option of renouncing the sales contract by recorded delivery letter with a delivery slip.
If necessary, this contract is to be considered by the APHB as broken upon reception of the letter in which the buyer informs APHB of his / her decision, should the delivery fail to take place between when the letter was sent and when it was received by APHB.
The buyer has sixty (60) open days to practice this right, counting from the date indicated as the delivery date.
APHB shall thus proceed to pay back the buyer the sums that he / she initially paid (the order total plus the delivery fees), in as short a time as possible and no later than thirty (30) days following the receipt of the buyer’s recorded delivery letter.
This reimbursement method can take place via any payment method. However, if the APHB should so propose, the buyer may at any time opt for another payment modality.
2. Every anomaly concerning the delivery (missing or damaged product, damaged packaging) due to transportation must be communicated to the client’s local Post Office by recorded delivery letter within a deadline of three (3) days from the delivery date.
3. Despite all the care appropriated by APHB in the preparation of the packaging, there remains the possibility of a missing product or a product which does not conform to the order.
When the buyer receives the order, he / she is to verify the conformity of the received products.
Every anomaly must be notified to APHB as soon as possible by recorded delivery letter sent to APHB - Route Ecospace 67955 STRASBOURG CEDEX 9
- or by email address to contact(at)apbp.fr
- or be telephone @ 03 88 47 96 98 (Monday-Thursday 08:15-12 :00 and 12:30-16 :45 ; Friday 08:15-12:15).
- or by fax @ 03 88 47 96 99.
APHB reserves the right to order the buyer to return the defective product to APHB.
If the above mentioned conditions are met, APHB shall proceed to either: exchange or reimburse the defective product(s); or to re-forward the missing product (subject to the validity of the buyer’s request), in which case the return fees in connection with the product are to be charged to the APHB.
4. If a product that has been ordered is not available when a buyer submits an order for it, APHB is required to inform the buyer of the same no later than the delivery of the order by mail / letter. APHB will be able to substitute the unavailable product(s) with (a) similar product(s) of equal or greater value.
If the buyer expresses the wish that he / she does not want to retain the substitution product, then he / she shall have the possibility of obtaining a reimbursement of the replaced product immediately; no later than thirty (30) days following his paid sums.
To do this, the buyer must return the substituted product (not used) to the following address: APHB - Route Ecospace 67955 STRASBOURG CEDEX 9
ARTICLE 10: CONFORMITY LEGAL GUARANTEE
All the products provided by the seller come with a legal guarantee which is outlined in article 1641 and the following articles of the Code civil.
In the case that the sold product fails to comply, it may be returned to the seller, who will exchange it.
If it should not be possible to exchange the product, the buyer can send it back and get his / her money back or keep the product and obtain some of the money back.
All complaints, exchange requests and reimbursement actions must be communicated by a letter sent to APHB Route Ecospace 67955 STRASBOURG CEDEX 9,
- or by email address to conact(at)apbp.fr
- or by telephone @ 03 88 47 96 98 (Monday-Thursday 08:15-12:00 and 12:30-16:45; Friday 08:15-12:15).
- or by fax @ 03 88 47 96 99.
ARTICLE 11: RESPONSIBILITY
During the process of the online sale, the seller is not bound by anything outside of a means obligation; his / her responsibilities apply only in connection with damages resulting from the use of the online network: such as data loss, intrusion, viruses, service loss or other unwanted problems.
ARTICLE 12: INTELLECTUAL PROPERTY
All the elements of the APHB site, are and remain the intellectual property of APHB, exclusive to APHB.
No person is authorised to reproduce, exploit, diffuse or use any elements of the site (be they software, visual or audio) for any purposes whatsoever; in whole or in part.
Every link, be it standard or hypertext-based, is strictly forbidden without the express permission of APHB.
ARTICLE 13: DATA PROTECTION ACT
1. Nominative information
In accordance with the « Data Protection Act » law, the information requested by APHB is obligatory, and necessary for registration purposes and for following-up on one’s order i.e. the business management and marketing aspects of the dossier and the quality of the business-client relations. By default, such information signifies an automatic rejection of such an order.
In conformance with the relative « Data Protection Act » law, that information with a nominative character, relative to the buyers, can be the object of an automatic treatment.
The buyers may object to the dissemination of their co-ordinates by communicating the same to APHB. The users also have an access right and the right to rectify the data that concerns them, as indicated in the law of 6th January 1978.
The automated information handling, including the management of the site users’ email addresses, was the subject of a declaration with the CNIL on 28th June 1988, registered under the number 186798.
You possess data access and rectification rights with the data that is to do with you; and you may deny APHB of the right to use them; write to the following address:
APHB Route Ecospace 67955 STRASBOURG CEDEX 9
- or to this email address contact(at)apbp.fr
The electronic address cannot be used by APHB or communicated to any third party without the express permission of the user. It is formally understood, a posteriori, that the user reserves the right to refuse by communicating such a refusal by post to the following address:
APHB Route Ecospace 67955 STRASBOURG CEDEX 9
- or to this email address contact(at)apbp.fr
The client desires to receive our catalogues and promotional offers; or can express a desire not to receive them by communicating his / her name and surname, and address, to the address indicated above.
3. Web tags
Certain webpages on the site may contain electronic images or « web tags », which allow one to count the number of people that have visited the page.
These web tags can be used with some of our particular partners; notably for the purpose of measuring and improving the efficiency of certain advertisements.
Whatever the circumstance, the information obtained via these web tags is strictly anonymous in nature; they are merely for the gathering of statistics indicating how often individual pages on the site have been visited, in order to better serve those who use our site.
ARTICLE 14: APPLICABLE LAW
The parties convene that the present contract is subject to French law.
In the case of a lawsuit, an amicable solution must be sought before any judiciary action.
ARTICLE 15: ARCHIVING – DEMONSTRATION
APHB will archive the order forms and the invoices using a reliable and durable support system constituting a reliable copy that conforms to the terms and conditions of article 1348 of the Code civil.
The APHB IT registers are considered by the parties to be proof of communications, orders, payments and transactions carried out between the parties.
ARTICLE 16: MISCELLANEOUS STIPULATIONS
1. Force majeure
APHB shall accept no responsibility for non-execution, in whole or in part, of its obligations as recognised in the present contract, if such non-execution can be traced back to any kind of force majeure event.
In the case of any force majeure event, APHB shall advise the buyer of the same within five (5) open days following the development or the threat of the event.
The parties convene that they are obligated to confer with each other as soon as possible in order to determine together the execution modalities for the order for the duration of the force majeure event.
APHB may refuse to honour the order should force majeure events cause sufficient interruption for beyond one (1) month; in which case APHB is responsible for reimbursing the client.
2. Partial non-validity
If one or more stipulation(s) of these general conditions of sale should be declared as invalid as per a law or regulation or the outcome of a definitive decision by a competent jurisdiction, the other stipulations shall retain their full force and scope.
3. Contract integrity
The present general sales conditions and the order summary transmitted to the buyer together form a contractual whole, and constitute the full extent of the contractual relations entered into by the parties.
In the event of a contradiction between these documents, the conditions of sale shall prevail.
In Molsheim, 25th March 2010