This page has been translated for information purposes from French, the country in which the regulation applies.
Introduction:
The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS") is to govern the contractual relationship between the company E-commercer (hereinafter "the Merchant") and any person wishing to make a purchase (hereinafter "the Customer") on the website www.the-fox.art.com (hereinafter "the name of the Website").
In case of questions about the GTC or the Privacy Policy, the Customer may contact the customer service department at the following e-mail address: thefoxart68@gmail.com
1. Acceptance of the GTC
By using www.the-fox.art.com or by placing an order through it, the Customer agrees to be bound by these GTC and the Privacy Policy without restriction or reservation.
Before being able to place an order, the Customer must check the box "I acknowledge having read and accepted the General Terms and Conditions of Sale and the Privacy Policy".
2. Autonomy
The cancellation of a clause of the GTC shall not affect the validity of the GTC as a whole.
3. Amendment of the GTC
The Merchant reserves the right to amend these GTC at any time, with any amendments taking effect upon publication on www.the-fox.art.com. The new GTC shall apply to all new orders.
4. Intellectual Property
The content of the www.the-fox.art.com website (logos, texts, brands, images, videos) is the intellectual property of the Merchant. Any reproduction, in whole or in part, is prohibited without the Merchant's express and prior authorisation.
5. Product availability
All orders on www.the-fox.art.com are subject to the availability of products. In the event of unavailability after an order has been placed, the order will be cancelled and the Customer will be informed of this on the e-mail address provided by the Customer to place the order. The Merchant reserves the right to remove its products from www.the-fox.art.com or to modify any information or illustration at any time.
The description of the products on www.the-fox.art.com does not constitute a contractual document. The Merchant cannot be held responsible for any differences that do not affect their essential characteristics.
6. Prices and delivery costs
The prices displayed on www.the-fox.art.com are indicated in EUR € but do not include delivery costs. The delivery costs will thus be added to the total amount due by the Customer, in accordance with article 7.
The Merchant reserves the right to change its prices at any time. In this case, price changes will only apply to future orders and not to orders already in progress.
In the event of a price error, the Merchant reserves the right to rectify the price and will inform the Customer as soon as possible via the email address provided by the Customer to offer to complete the transaction at the correct price or to cancel the order.
7. Delivery costs and terms
Subject to availability (see clause 5 above), the Merchant undertakes to deliver the Customer's order within 30 days of receiving confirmation of the order at the email address provided by the Customer.
It is the Customer's responsibility to check the condition of his products and the conformity of his order upon delivery.
In the event of non-conformity, it is up to the Customer to contact the customer service department at the following e-mail address: thefoxart68@gmail.com
When placing an order, it is the Customer's responsibility to choose the delivery method of their choice from those offered on www.the-fox.art.com. Delivery costs can be consulted on the carriers' websites.
8. Methods of payment
The payment methods available are those listed on www.the-fox.art.com.
The Merchant reserves the right to modify this list at any time, without affecting orders in progress.
9. Formation of the Contract
By placing an order on www.the-fox.art.com, the Customer warrants that he/she is at least 18 (eighteen) years old and legally capable of entering into a contract.
The Customer guarantees that he/she is a professional placing an order in the context of his/her commercial activity. These GTC are intended for professionals acting exclusively for purposes that fall within the scope of their professional activity. It is expressly recalled that the GTC are only applicable to sales made to a professional buyer who is acting for purposes that fall within the scope of his professional activity, no right of withdrawal exists for his benefit.
To place an order, the Customer validates his basket and proceeds to payment in accordance with article 7 above. A sales contract is only formed between the Customer and the Merchant upon receipt by the Customer of an e-mail confirming the order on the e-mail address provided by the Customer.
It is the Customer's responsibility to check the accuracy of the contents of their order before validating their basket and proceeding with payment. The Customer may modify his/her basket before validating it and proceeding with the payment of his/her order.
10. Refusal of order
The Merchant reserves the right to refuse any order
11. Transfer of ownership
The products ordered remain the property of the Merchant until payment of the order price and delivery by the Customer.
The transfer of risk takes place from the moment of delivery of the order to the Customer.
12. Legal guarantee
In the event of non-conformity of the order at the time of delivery, the Merchant complies with his legal warranty obligations. The Customer acting as a consumer may contact the customer service department in accordance with article 7 above. The Customer must exercise his legal guarantee within 2 months from the delivery of the order. He is free to claim from the customer service department the replacement of the non-compliant order or the return of the order and the reimbursement of the price of the defective products. In the event of a return, the Customer must explicitly inform the Merchant and return the entire order, in its original condition and undamaged original packaging, with all accessories delivered.
13. Hidden Defects
The Customer may contact the customer service department in accordance with article 11 above if, at the time of delivery, defects are found in his order that make the products unfit for use. The Customer may then request a price reduction from customer service or return the order in order to be reimbursed for the price of the defective products. In the event of a return, the Customer must explicitly inform the Merchant of his withdrawal and return the entire order, in its original condition and undamaged original packaging, with all accessories delivered.
14. Right of withdrawal
Pursuant to Article L. 121-21 of the French Consumer Code, the Customer acting as a consumer may withdraw without giving any reason within fourteen (14) days from the date of receipt of the order.
In the case of an order for several goods delivered separately over a defined period, the period runs from the date of receipt of the last good or batch or the last piece. If the period expires on a Saturday, Sunday or public holiday, the withdrawal period shall be extended to the next working day.
However, pursuant to Article L. 121-21-8 of the Consumer Code:
"The right of withdrawal cannot be exercised for contracts :
4° The supply of goods likely to deteriorate or expire rapidly 5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection 6° The supply of goods which, after being delivered and by their nature, are indissociably mixed with other articles".
In the event of withdrawal, the Customer will receive a refund of his order, excluding any return delivery costs, by the same method of payment used by the Customer to purchase the products, under the conditions set out in Article 13 below. This refund will not include any return shipping costs.
15. Exercising the right of withdrawal
In order to exercise his right of withdrawal, the Customer acting as a consumer must explicitly inform the Merchant of his withdrawal and return the entire order, in its original condition and undamaged original packaging, with all the accessories delivered.
16. Force Majeure
The Merchant cannot be held responsible for the non-performance or delay in the performance of its contractual obligations under the sale of products purchased on www.the-fox.art.com in the event of the occurrence of an event beyond its control, a case of force majeure or an act of a third party outside the control of the Merchant.
It is agreed that the following may constitute cases of force majeure: legislative and regulatory changes, fires, storms, floods, strikes inside or outside the Merchant, illness, power surges and electric shocks, breakdowns of cooling systems and computer equipment, blockages and slowdowns of electronic communication networks, computer viruses and hacking, and more generally any unforeseeable event outside the control of the Merchant.
17. Personal data
The Merchant's personal data policy is set out in the Privacy Policy: https://the-fox-art.mypresta.shop/fr/content/2-mentions-legales.
18. Amicable settlement of disputes
Article L. 612-1 of the Consumer Code states that "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute between him and a professional".
At European level, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
This covers disputes concerning the performance of a sales or service contract between a consumer and a professional.
19. Law and jurisdiction
Any dispute in connection with the contracts of sale of products purchased on www.the-fox.art.com shall be subject to the jurisdiction of the courts and the laws of France governing the said contracts of sale.
20. Information about the Merchant
Legal information about the company:
Company name: Sole proprietorship (EI)
Trade Register Number: 514523711 Mulhouse
VAT number: n/a
Contact: contact@e-commercer.fr, 0769512508
Customer service contact details: thefoxart68@gmail.com