GENERAL CONDITION OF SALE
The company GALERIE MINSKY (hereinafter referred to as the “Company) has set up a system for distance selling by telephone and Internet of a selection of items.
Article 1 – Scope
These general conditions of use are applicable to all sales of Company articles concluded remotely through the Company’s website identified by the domain name: https://galerieminsky.com/ (here- after referred to as the “Site”): – by taking orders by natural person customers acting as consumers (within the meaning of the law and case law)
– for delivery to the same natural person customers for their own account or to any third party of their choice having the quality of consumer (within the meaning of the law and jurisprudence).
– by taking orders by legal entity customers for delivery to legal entity customers for their own account or to any third party of their choice, legal person or natural person having the status of consumer. Any sale of Company articles through the Site is subject to these general conditions of use, which the customer accepts. These are likely to be subject to modifications and updates, the conditions applicable to the ordering of an item by a customer are those in force on the day of the order.
Article 2 – Identification of the author of the offer
GALERIE MINSKY, a limited liability company with a share capital of 10,000 Euros, registered in the Paris Trade and Companies Register under number 4208 410 744, whose head office is located at 37, rue Vaneau 75007 Paris – Telephone number: 01.55. 09.35.00 – email: firstname.lastname@example.org
VAT FR 164 208 417 44
Article 3 – Information relating to the articles and limitation of liability
Information (name, definition, reproduction of items, detailed description: properties, characteristics and composition, etc.) relating to all of the Company’s items offered for distance selling is available, in accordance with the applicable legal and regulatory requirements, of the MINSKY GALLERY, on the Site or via the Customer Relations Department, from Tuesday to Saturday from 10:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 7:00 p.m. (except public holidays), by phone at 01.55.35.09.00
The Company cannot be held responsible for any non-substantial errors that may occur. Photographs and other reproductions of articles are indicative only and have no contractual value. In any event, in the event of non-compliance of the item delivered with respect to its description, the Company undertakes to correct this error, under the conditions of Articles 13 and 14 below. More generally, the Company cannot be held responsible for:
– interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or all circumstances whatever they may be, regardless of his will;
– the inability of the customer or the Company to temporarily access the Site, due to facts beyond its control, such as cases of computer failure, interruptions of the telephone network, the Internet network or equipment failure reception of the client from the Internet network.
Article 4 – Conditions for ordering articles
4.1 To place an order on the Site, the customer must be of legal age, and / or have legal capacity and hold a bank card as defined in Article 6.3 below. Orders will be received in French or English according to the customer’s choice and will be accepted within the limits of available stocks.
To this end, the customer is informed when ordering, either on the Site information page describing each of the items: -of the availability of the item; -or, in the event of temporary unavailability of the item sold, the possibility of ordering it with a view to subsequent delivery within the deadlines specified on this occasion.
If, despite the Company’s vigilance, the items ordered are no longer available, the Company will inform the customer by any means (telephone call or e-mail) as soon as possible and will reimburse the price possibly invoiced by credit on the customer’s bank account.
4.2 The customer agrees that all of the information communicated to the Company GALERIE MINSKY on the Site as part of the order complies with these general conditions of sale, complete, accurate and up to date. Otherwise, the Company reserves the right to cancel the order altogether as well as the payment.
It is recalled that when ordering, the Company collects the following personal data: identity, username and password of the account the customer has on the Site, e-mail address, telephone number, usual residence address of the customer. , delivery address and means of payment. These data are necessary for the processing of the order and may be communicated to the contractual partners of the Company intervening, in particular, within the framework of the execution of the order.
More specifically, the customer is informed that these same personal data are also collected by the company GALERIE MINSKY, in charge of analyzing orders and fighting against credit card fraud. The occurrence of an unpaid due to fraudulent use of a bank card will result in the recording of personal data in connection with the order associated with this unpaid within a “payment incidents” file implemented. by the company GALERIE MINSKY.
In this same context, a communication by the customer of irregular information as well as any anomaly noted in his order may also be the subject of specific treatment by GALERIE MINSKY. In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access, modify, rectify, oppose and delete personal data concerning him. To exercise this right, all he has to do is send a letter to: email@example.com or to GALERIE MINSKY located at 37 rue Vanneau 75007 Paris. For the treatments carried out by the company GALERIE MINSKY, the customer can exercise this same right by writing, by mail and justifying his identity to the company GALERIE MINSKY, for the attention of his IT and freedoms correspondent, Mr. Michael Bordas at the ‘address firstname.lastname@example.org.
4.3 In accordance with the provisions of article L.122-1 of the Consumer Code, the Company will be entitled, in the case of retail sales, to refuse any order exceeding the number of authorized articles: 5 articles and this, within a limit of 2 identical items maximum ordered. The Company will also be entitled to refuse any order: (i) made by a customer with whom there is a dispute over payment for a previous order; or (ii) not in accordance with these general conditions of sale.
If the Company finds that the order does not meet these general conditions of sale (for example: incorrect delivery address, order thresholds exceeded), it will inform the customer within a maximum of six (6) days by telephone or by electronic mail.
Failing for the customer to proceed with the Company to correct any items that are incorrect or contrary to these general conditions of sale appearing in their order, the Company reserves the right to cancel the order as well as the payment altogether.
Article 5 – Order by telephone from the Customer Relations Department
Orders are placed by telephone with the Customer Relations Department, whose number is 33 (0) 1 55 35 09 00 (price of a local call), from Tuesday to Saturday from 10:30 am to 1:00 pm and from 2:00 pm to 7:00 pm ( except public holidays). When the customer’s bank account is authorized by his bank, his order is sent directly to the Company’s order preparation service. Any order placed in this context commits the customer.
Article 6 – Internet ordering on the Site
Order taking on the Site is subject to strict compliance with the procedures described below, also embodied by a succession of different screens on which are indicated the successive phases that the customer must comply with to validate his order.
6.1 First step: selection of items by the customer On the Site, the customer, after verifying the items (price, characteristics, etc.) selects, enters and validates the identification and quantity of the items he wishes to order ( whose availability is to be confirmed by the Company if necessary); said items are added to his “Basket”.
6.2 Second step: confirmation of the selected items and validation of the order Once the customer has completed his selection and wishes to validate the composition of his “Basket”, he must then identify himself:
– if he has a customer account with the Company, by his e-mail address (username) and password
– If he does not have a customer account, the customer can follow a registration procedure allowing him to obtain a customer account with the Company.
The customer must also validate:
– the delivery address of the order, it being specified that said address may possibly correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing that, to the address of the company within which the third party beneficiary carries out his professional activity;
– the desired shipping method – the amount of the shipping costs of the order being specified on this occasion Once all this information has been entered and validated regularly, the price of the items, as defined in Article 8 below, as well as the shipping costs are displayed automatically.
6.3 Third step: choice of payment method by the customer. Payment for customer purchases is made by credit card and / or paypal: cards from the “CB” network, Visa, Eurocard, Mastercard, American Express are accepted. Cards issued by banks domiciled outside France must be international bank cards. In this context, the customer agrees to make the payment via a bank card of which he is personally the holder and bearing his identity (name and first name). The customer communicates by telephone to the Customer Relations Department his credit card number and / or his bank details. For online payment on the Site: the customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority. The customer must provide his credit card number and / or bank details by completing the online payment form. After communication of his bank card number, the customer then clicks on the “VALIDATE” button with a view to debiting his bank account.
6.4 Fourth step: within a maximum period of six (6) days, the customer receives an acknowledgment of receipt, in the form of an email, of the order by the Company GALERIE MINSKY mentioning the order number, the items, their quantity, the price. unitary and total, the method of payment as well as the address indicated by the customer.
In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of electronic mail for the Company’s confirmation of the content of his order. As an exception to the aforementioned maximum period of six (6) days, the e-mail acknowledging receipt of orders with payments made with an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been reached. credited with amounts owed by the customer.
Article 7 – Proof of the order
In general, it is provided by express agreement between the Company and the customer that e-mails will prevail between the parties as well as the automatic registration systems used by the Customer Relations Department or on the Site, in particular as regards the nature and the date of the order.
In addition, the Company keeps the information relating to any order and keeps them available to the customer upon request sent by the latter to: email@example.com or to GALERIE MINSKY – Customer Relations Department, 37 rue Vaneau 75007 Paris.
However, it is recommended, for orders placed on the Site, that the customer also keeps a copy (in electronic format and / or on paper) of the elements relating to his order (for example, the email sent by the Company in accordance with the ‘Article 6.4 above).
Article 8 – Price of items
The prices communicated by the Customer Relations Department or displayed on the Site are indicated in Euros and US Dollars and are understood to include all taxes (TTC), excluding delivery costs. The prices invoiced are those in force on the date of the order.
The amount of transport costs relating to the delivery of the items: (i) will be communicated to the customer by telephone by the Customer Relations Department (ii) will be displayed automatically on the Site upon validation of the shipping method chosen by the customer (see article 6.2 above) and will be communicated again to the customer when confirming his order by email.
In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid and the delivery costs charged to him.
Article 9 – Delivery
The delivery of the articles can only take place: – either at the customer’s usual place of residence; – either to the delivery address indicated by the customer when ordering, being reminded that said address must correspond to the usual place of residence of a third party beneficiary chosen by the customer, failing this, to the address of the company at within which he exercises his professional activity
– it being understood that it cannot, in any case, be carried out in hotels or in post office boxes. In this regard, the customer agrees to have communicated, when confirming his order, the exact address of his usual residence. Delivery of the items will take place, after payment of the amount of the order has been recorded, to the delivery address specified by the customer. In accordance with the provisions of Article L.121-20-3 of the Consumer Code, the delivery of the items ordered will take place:
– either, at the latest within 30 days of the date of the order;
-or, within the timeframe of which the customer will be notified in advance in the event of temporary unavailability of said item accepted by the customer:
(i) when ordering from the Customer Relations Department by telephone;
(ii) when adding an item to his “Basket” as well as before accepting his order. The Company will deliver the items ordered by standard or express mail according to the choice made by the customer.
Article 10 – Retention of title
THE COMPANY RESERVES OWNERSHIP OF THE ITEMS DELIVERED UNTIL FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND INTEREST. THE PAYMENT WILL BE MADE WITHIN REASON OF THE PRICE. IN THE EVENT OF FULL OR PARTIAL NON-PAYMENT, THE COMPANY WILL BE ABLE TO CLAIM THE ARTICLE (S) WHICH MAY HAVE BEEN DELIVERED BY THE COMPANY TO THE CUSTOMER WITHOUT PRIOR NOTICE.
Article 11 – Intellectual Property
Right The customer is granted a license to use the Site which remains the exclusive property of the Company, which has created and uploaded the web pages, images and script sources, and the basic data comprising it. The customer therefore refrains from distributing or reproducing the Site, in whole or in part, in any form whatsoever.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. Likewise, the following are strictly prohibited, without the express prior written consent of the Company: – the creation of hypertext links to any of the pages or to any of the elements composing the Site; – any use not in accordance with this license to use the Site and in particular, use of any of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other directly or indirectly commercial use.
Article 12 – Right of withdrawal and return of articles
In accordance with the provisions of Articles L.121-20 et seq. Of the Consumer Code, the customer has a right of withdrawal that he can exercise, without having to justify reasons, within seven (7) clear days. from receipt of the items. In this context, he has the option of returning the items delivered within this period, in their original packaging, in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the invoice and the Return / Exchange attached to his order to the address indicated on this form.
It will be up to the customer to keep any proof of this return, which supposes that the articles are returned by registered mail, or by any other means giving a certain date, the return costs remaining in any case the responsibility of the customer. Reimbursement of the invoiced price of returned items will be made, by crediting the customer’s bank account, no later than thirty days following receipt by the Company of the returned items.
Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be refunded in full.
Article 13 – Conformity – Guarantee
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with his order, the customer must inform the Company as soon as possible, either by telephone to the Customer Relations Department (at the number and at the times indicated in article 3 below). before), or by e-mail to the address firstname.lastname@example.org justifying the non-compliance of the item with the order and, after agreement from the Company, return the items in question in their packaging original, in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the invoice. The return of the article must be made by registered mail, or by any other means giving a certain date, the return costs being – if the non-conformity of the article noted by the customer is proven – to be borne by the Company. .
In the absence of a possible exchange of the returned item and if the customer does not wish to have a credit note with the Company, the reimbursement of the invoiced price of the returned non-conforming items will be made, by credit to the customer’s bank account. , at the latest within thirty days of receipt by the Company of the returned items. Reimbursement of the return and delivery costs of non-compliant items will be made by credit to the customer’s bank account after the customer has sent proof of said costs.
Notwithstanding the specific warranty conditions that may be given to the customer with the item delivered, the Company’s items are subject to the legal guarantees of articles L. 211-4, L. 211-5, L. 211-12, L. 211- 13 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code.
Article 14 – Force majeure
The performance by the Company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay the performance.
Article 15 – No waiver
The fact that the Company refrains from requiring at any given time the execution of any of the provisions of these general conditions of sale cannot be interpreted as a waiver to subsequently invoke said total or partial non-performance.
Article 16: Personal data
16.1 Personal data relating to the customer collected by the Site are processed within the framework of the execution of the present in accordance with the provisions of the law n ° 8-17 of January 6, 1978 modified by the law n ° 2004-801 of 6 August 2004. They are necessary for the management of the commercial relationship between the parties. The customer guarantees the accuracy of the information provided and will be solely responsible for all incorrect, incomplete or obsolete information. Any change of address, name, email or any other element of identification that may be necessary for the proper management of the commercial relationship must be notified directly to the Site. The latter can in no way be responsible in the event of non-receipt of an offer or an advantage due to obsolete or misinformed information. The data controller is GALERIE MINSKY. Thus, any customer has a right of access, rectification and opposition to the processing of personal data concerning him that he can exercise by email to the address or by post to the Data Protection Officer. of the company GALERIE MINSKY, accompanied by a copy of an identity document.
16.2. The Site may, with the prior consent of the customer, use this data in the context of direct marketing operations by sending the customer, by any medium whatsoever and in particular by SMS, email or postal mail, information on products. or similar services or on additional products or services offered by GALERIE MINSKY.
At any time, the customer can exercise his right of objection under the aforementioned conditions.
16.3. In order to facilitate customer identification and navigation, the customer expressly authorizes the Site to place a so-called “cookie” file on the customer’s hard drive intended to facilitate said identification and navigation on the site. The customer who refuses to deposit such a file on his hard drive must make each visit to the site with his identification to be recognized and access his personal information (current baskets, wishlist, contact details, etc.).
Article 17 – Validity of the general conditions of use
If any of the provisions of these general conditions of sale is declared void in whole or in part, the other provisions and the other rights and obligations arising from these general conditions of use will remain unchanged and will remain applicable.
Article 18 – Disputes – Applicable law – Competent court
THE PRESENT GENERAL CONDITIONS OF SALE ARE SUBJECT TO FRENCH LAW. IN THE EVENT OF ANY DIFFICULTY OCCURRING IN THE ORDER OR DELIVERY OF THE COMPANY’S ARTICLES, THE CUSTOMER WILL HAVE THE POSSIBILITY, BEFORE ANY LEGAL ACTION, TO SEARCH FOR AN AMICABLE SOLUTION, IN PARTICULAR WITH THE HELP OF AN ASSOCIATION OF CONSUMERS OR ANY OTHER BOARD OF ITS CHOICE. IF NO AMICABLE SOLUTION IS FOUND, THE FRENCH JURISDICTIONS HAVE JURISDICTION TO KNOW THE LITIGATION, EXCEPT OTHER PROVISIONS ARISING FROM REGULATION N ° 44/2001 OF 20 DECEMBER 2000 ON JUDICIAL JURISDICTION, RECOGNITION AND ENFORCEMENT OF DECISIONS IN MATTER AND COMMERCIAL (BRUSSELS I).