In force on 01/05/2021

 

ARTICLE 1 - Scope

​

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers ("The Customers or the Customer"), wishing to acquire the products. offered for sale ("The Products") by the Seller on the site https://www.fannsculpture.fr.

The Products offered for sale on the site are as follows:
• Sculptures
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://www.fannsculpture.fr, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are understood within the limits of available stocks, as specified when placing the order.
These GTC are accessible at any time on the site https://www.fannsculpture.fr and will prevail over any other document.
The Customer declares to have read these T & Cs and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure of the site https://www.fannsculpture.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

 

The Seller's contact details are as follows:
Stephanie BESSON
214 rue de Billy le vieux 69650 Quincieux
mail: stephanie-besson@orange.fr
Siret number: 501 247 613 000 18

 

ARTICLE 2 - Price

 

The Products are supplied at the current prices appearing on the site https://www.fannsculpture.fr, when the order is registered by the Seller.
The prices are expressed in Euros including all taxes.
The prices take into account any reductions that would be granted by the Seller on the site https://www.fannsculpture.fr.
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - Orders

​

It is up to the Customer to select on the site https://www.fannsculpture.fr the products he wishes to order, according to the following methods:
The customer chooses a product that he puts in his basket. The basket may be modified before confirming the order, the customer must accept these general conditions of sale. He will then enter his contact details. After validation of the information, the order will be considered to have been placed, and payment for the basket will be requested according to the terms provided. Once the order is completed, it can be canceled until it is shipped. .
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site https://www.fannsculpture.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer will only be possible before delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).

 

ARTICLE 4 - Payment terms

​

The price is paid by secure payment, according to the following terms:
• payment by credit card
• payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order).
• payment via a PayPal account
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site https://www.fannsculpture.fr.
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.

 

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France.
Deliveries are sent within 5 working days to the address indicated by the Customer when ordering on the site.  In summer this period can be extended up to 3 weeks.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within the period guaranteed by the order, the latter may be canceled but only before dispatch after the indicative delivery date. For any reason other than force majeure or the act of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservations. The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of 7 days from delivery to formulate complaints by email (stephanie-besson@orange.fr)) or contact form from the site, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller, except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

ARTICLE 7 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1 / The conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4
2 / Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part.
For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. "
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

 

ARTICLE 8 - Responsibility of the Seller - Guarantees

The Products supplied by the Seller benefit from:
• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the Consumer Code
"The good is in accordance with the contract:
1 / If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 / Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code
“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. "
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days of the Seller's finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.

 

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the site https://www.fannsculpture.fr are as follows:
Ordering Products:
When ordering Products by the Customer:
Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Products offered on the site https://www.fannsculpture.fr, it records financial data relating to the bank account or credit card of the Client / user.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing

Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Customers and users

In application of the regulations applicable to personal data, Customers and users of the site https://www.fannsculpture.fr have the following rights:
• They can update or delete their data as follows:
By contacting the seller by email (stephanie-besson@orange.fr) or by using the contact form from the website.
• They can delete their account by writing to the email address indicated in article 9.3 "Data controller"
• They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller"
• If the personal data held by the Seller are inaccurate, they can request the updating of the information of the information by writing to the address indicated in article 9.3 "Data Controller"
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller"
• They can also request the portability of data held by the Seller to another service provider.
• Finally, they can oppose the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to comply with the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual property

The content of the https://www.fannsculpture.fr site is the property of the Seller and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

 

ARTICLE 11 - Applicable law - Language

These GTC and the operations resulting from them are governed and subject to French law.
These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

 

APPENDIX I

Withdrawal form

Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.fannsculpture.fr, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of Stéphanie BESSON (FANN)
214 rue de Billy le vieux 69650 Quincieux
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date):

- Order number:

- Client name :

- Customer's address:

​

Signature of the Client (only if this form is notified on paper)