GTC

General Terms and Conditions of Sale

Article 1 - Legal notices

The present website, accessible at the URL https://claradoiteau.com ( the “Site” ), is published by : Clara Doiteau EI, artist-author registered with the Maison des Artistes, whose registered office is located at Moulin de Rosay, 72610 Rouessé Fontaine - France.

Contact :
Phone number : +33662346152
Email address : contact@claradoiteau.com

The website is hosted by the company Cargo Collective, located at 3006 N Coolidge Ave, 90039 Los Angeles, California - US.

Article 2 - General provisions relating to these general conditions

The General Terms and Conditions of Sale ( hereinafter “GTC” ) govern the contractual relationship for any purchase of “Artwork” made on the site https://claradoiteau.com, between any person ( natural or legal ) having placed an order through the Site ( hereinafter the “Client” ) and Mrs. Clara Doiteau ( hereinafter the “Artist” ).

The GTC are made available to Clients on the Site where they are viewable and can also be communicated to them upon simple request by any means. The Artist reserves the right to modify her GTC at any time. In case of modification of the GTC, the applicable GTC are those in force on the date of the order.

The GTC are enforceable against the Client who acknowledges, by ticking a box or clicking on the button provided for this purpose, to have read and accepted them before placing an order. The validation of the order by its confirmation constitutes adhesion by the buyer to the GTC in force on the day of the order.

These GTC cancel and replace all prior agreements, written or oral, existing with the Client, concerning the sale of the Artworks and prevail, unless expressly agreed otherwise, over any conditions imposed by the Client.

The Client, prior to his order, declares that the acquisition of these Artworks is not directly related to his professional activity, their acquisition being reserved for personal use. As a consumer, the Client has specific rights, which would be called into question if the Artworks acquired through the Site were, in fact, related to his professional activity. In any event, a Client may become aware of the current GTC by clicking on the link “GTC”.

Article 3 - Description of the Artworks

The Site is an online sales site for works of art ( hereinafter the “Artwork(s)” ).

Each Artwork presented on the Site is accompanied by a description mentioning its essential characteristics.

The Artworks sold on the Site are original, unless specifically stated otherwise in the descriptive sheet.

A certificate of authenticity established by the Artist will be given to the buyer of an original artwork.

The Client remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may imply the payment of fees to technical service providers such as Internet access providers which remain at their expense. Furthermore, the Client must provide and be fully responsible for the equipment necessary to connect to the Site.

The Client acknowledges having verified that the computer configuration they use is secure and operational.

Article 4 - Orders

Orders are placed on the Site. To acquire an Artwork, simply place it in the cart, confirm the order, and make the payment. The Client has the possibility to check the details of their order and its total price, and to go to the previous pages to possibly correct the contents of their cart before validating it.

The Client undertakes to read the General Terms and Conditions of Sale then in force before acepting them and confirming the terms and any delivery and withdrawal fees prior to the payment of their order. The confirmation of the order implies acceptance of GTC and forms the contract.

If it turns out that at the time of ordering the Artwork was no longer available, the Client will be informed as soon as possible, and their order will be canceled with reimbursement of the amounts paid within thirty ( 30 ) days at the latest from their payment.

The Artist cannot be held responsible for the non-performance of the contract concluded in case of unavailability of the Artwork.

The Sale will only be considered final after the Artist sends the Client a confirmation of acceptance of the order by email or any other written means and after full payment has been received.

Each original work being unique, the sale is always concluded under the suspensive condition of its availability.

Except for any contrary provision in these GTC and without prejudice to the right of withdrawal provided by applicable law, the Client’s orders are firm and final. Filling out the delivery form is mandatory; it includes the various necessary information for delivery.

The Artist reserves the right not to validate the Client’s order for any legitimate reason, particularly in the event that :

- the Client does not comply with the General Conditions in force at the time of their order ;
- the Client’s order history shows that amounts are still due from previous orders ;
- one of the Client’s previous orders is the subject of an ongoing dispute.

The Artist archives the sales contracts of the Artwork in accordance with applicable legislation. By submitting a request to the following address contact@claradoiteau.com, the Artist will provide the Client with a copy of the contract subject to the request. Any modifications to the order cannot relate to the ordered Artworks, as these are unique works.

Order modifications requested by the Client will only be taken into account with the express agreement of the Artist and if they are requested in writing before the payment is cashed or the delivery of the artwork begins. The information provided by the Client at the time of placing the order ( including name and delivery address ) binds them. Thus, the Artist cannot be held responsible in the event that an error in placing the order prevents or delays delivery.

The Client declares to have full legal capacity enabling them to commit under these General Conditions.

Article 5 - Payment methods and security

The Client expressly acknowledges that any order made on the Site is an order with a payment obligation, which requires the payment of a price against the provision of the ordered Artwork.

In any case, the Artist reserves the right to check the validity of the payment before shipping the order, by any necessary means.

The Artist uses the Stripe payment solution.

Orders can be paid by using a bank card. Payment is made directly on the secure bank servers of the Artist’s bank, and the Client’s bank details do not transit through the Site.

The Client’s order is recorded and validated as soon as the payment is accepted by the bank.

The order is only shipped after payment is received.

The Client’s account will be debited for the corresponding amount only when ( I ) the data of the bank card used has been verified and ( II ) the debit has been accepted by the bank that issued the bank card. Failure to debit the amounts due will result in the immediate nullity of the sale.

The bank card may be refused, notably if it has expired, if it has reached the maximum authorized spending amount for the Client, or if the entered data is incorrect.

If applicable, the Client’s order validated will only be considered effective when the secure banking payment center has given its agreement on the transaction.

As part of control procedures, the Artist may request from the Client all the necessary documents to finalize their order. These documents will not be used for other purposes.

The Artist reserves the right to refuse delivery or to honor an order from a Client with whom there is an ongoing payment dispute related to a previous order.

Article 6 - Payment of price

The selling prices, in accordance with article L.113-13 of the Consumer Code, are indicated, for each of the products listed in the catalog, in Euros ( € ) all taxes included, excluding delivery and transport fees mentioned before the validation of the order and invoiced in addition.

The total amount due by the Client is indicated on the order confirmation page. It includes the delivery charges, according to the option chosen at the time of the order. This amount does not include any possible local taxes applicable in overseas territories.

The selling price of the Artworks is the one in force on the day of the order. The price of an Artwork may be modified at any time, either increased or decreased.

The prices are net; invoiving is carried out VAT-exempt in accordance with the tax legislation applicable to the status of the Sole Proprietorship.

Payment of the full price must be made at the time of the order. At no time can the sums paid be considered as deposits or down payments.

In the case of delivery to a country other than France, its overseas territories, or outside the European Union, if custom duties, local taxes, or import duties are applicable, these costs are the responsibility, both in terms of declarations and payments to the relevant authorities and/or bodies. It is their responsability to inquire with the competent authorities.

Article 7 - Formation of the contract

The contract between the Artist and the Client is formed when the Client sends the confirmation of their order. The Client’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Client places an order, they must confirm it using the “double-click” technique, which means that after selecting Artworks to add to the cart, the Client must check and possibly correct the contents of their cart ( identification, quantity of selected Artworks, price, delivery terms and fees ) before validating it by clicking on “ I confirm my delivery”; then, they acknowledge accepting these GTC before clicking on the button “I pay”; finally, they validate their order after entering their bank details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unconditional acceptance of the order by the Client.

The archiving of communications, order forms, and invoices is ensured by the Artist on a reliable and durable medium in order to constitute a true and durable copy. The communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Artist on the Internet or by phone constitutes proof of all transactions between the Artist and her Clients.

The order might be canceled by the Client by registered letter with acknowledgement of receipt or by writing on another durable medium in the event of :

- delivery of an Artwork that does not conform to the declared characteristics of the Artwork ;
- delivery exceeding the deadline set in order form or, in the absence of such a date, within thirty ( 30 ) days of the conclusion of the contract, after the Artist has been formally requested, under the same terms and without result, to make the delivery within a reasonable additional period.

In all these cases, the Client may demand a refund of the amount paid.

The order may be canceled by the Artist in case of :

- the buyer’s refusal to take delivery ;
- non-payment of the price ( or the balance of the price ) at the time of delivery.

Article 8 - Retention of ownership

All the Artworks exhibited on the Artist’s Site are protected by copyright, in accordance with articles L.112-1 and following of the Intellectual Property Code.

The Client may in no case use, copy, reproduce, modify or distort these Artworks, including on the Internet, without the prior written authorization of the Artist.

The sale of an Artwork on the Site does not entail the transfer or assignment of the Artist’s copyright over her creation.

The Artist remains the sole and unique holder of the rights of representation and reproduction of her Artworks; her authorization is thus necessary for any exploitation thereof.

The Client acquires the Artwork for private use, excluding any right of public display and reproduction. If a request or proposal for an exhibition of the Artwork is made to the Client, the latter must obtain the Artist’s consent and her conditions for this purpose.

In the context of the purchase of an Artwork by a professional wishing to display it in a public or reception space, they must obtain the Artist’s authorization for such a display.

Article 9 - Shipping and delivery

Delivery charges are at the Client’s expense. They are specified at the end of the ordering process and are accepted by validating the order.

Delivery charges and additional costs depend on the nature of the Artwork, its size, weight, and the place of delivery.

If the Client is absent at the time of delivery, does not collect their package, or if the delivery address is invalid and the package is returned to the Artist, a new delivery may be made, and the re-shipping costs at the Client’s expense.

Delivery will take place at the address indicated during the order within a maximum of thirty ( 30 ) business days in France and sixty ( 60 ) days abroad from the proper receipt of the full payment for the order.

However, if one or more Artworks cannot be delivered within the originally announced timeframe, the Artist will send an email to inform the Client of the new delivery date.

The delivery of the Artworks entails the transfer of risk of loss and damage.

Upon delivery, the Client must inspect the Artworks upon arrival and record any possible reservations on the delivery slip and notify the Artist within three ( 3 ) business days following delivery.

Failing that, the Client will be deemed to have received the delivered Artworks in perfect condition, and no claim from the Client will be admissible.

The signature without reservation of the delivery slip constitutes acceptance of the Artworks as compliant and in good condition.

Provided that the Client has made their claims within the deadlines set in this article, any return must be expressly agreed upon between the Client and the Artist. Once agreed, the Client must return the products within fourteen ( 14 ) days. The Artworks must be returned in their original packaging. Otherwise, the return may be refused, or the refund reduced.

Article 10 - Right of withdrawal

If an Artwork does not give full satisfaction to the Client, the latter may return it to the Artist. The Client will have fourteen ( 14 ) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L.221-18 and following of the Consumer Code, the Client is invited to complete the standard withdrawal form by clicking on the following link : Withdrawal form.

The Artist will acknowledge receipt of the Client’s withdrawal request by email.

If necessary, the Client may exercise their right of withdrawal by notifying the Artist of the following information :

- name, geographical address, telephone number, and email address ;
- decision to withdraw by means of an unambiguous declaration ( for example, a letter sent by post, email, as long as these contact details are available and therefore appear on the standard withdrawal form ). The Client may use the model withdrawal form but it is not mandatory.

Return costs are the responsability of the Client.

The returned Artwork must be in its original packaging, in perfect condition, suitable for resale. Any Artwork that has been damaged, or whose original packaging has been deteriorated, will not be refunded or exchanged. This right of withdrawal is exercised without penalty.

In addition to the returned Artwork, the return package must also contain a letter specifying the Client’s full and exact contact details ( name, first name, address ) as well as the order number, and the original purchase invoice.

The Artist will reimburse the Client for the cost of the Artwork within fourteen ( 14 ) days from the receipt of the Artwork and all the elements necessary to implement the Client’s refund. This refund will be made using the same payment method that the Client used for the initial transaction.

Article 11 - Customer service

The Client may contact the Artist :

- at the following number : +33662346152, during the following business days and hours : Monday, Tuesday, Wednesday, Thursday, and Friday from 10 a.m to 6 p.m.
- by email at : contact@claradoiteau.com, stating their name, telephone number, the subject of their request, and the order number concerned.

Article 12 - Intellectual property and license to use the site

The Artist is the sole holder of all elements present on the Site, notably and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, and all other elements of intellectual property and other data or information ( hereinafter the “Elements” ) that are protected by French and international laws and regulations related notably to intellectual property.

Consequently, none of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sol, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express and written authorization of the Artist on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

The Artist reserves the right to take legal action against any person who has not complied with the prohibitions contained in this article.

Article 13 - Liability and warranty

The Artist cannot be held responsible for the non-performance of the contract due to the Client or due to an event recognized as force majeure by the competent courts, or due to an unforeseeable and insurmountable fact of any third party to these.

The Client acknowledges that the characteristics and constraints of the Internet do not allow for the guarantee of the security, availability, and integrity of data transmissions on the Internet. Therefore, the Artist does not guarantee the the Site and its Services will operate without interruption or error. Their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change their content and/or presentation.

The Artist cannot be held liable for the use of the Site and its Services by Clients in violation of the GTC, nor for direct or indirect damages that such use could cause to a Client or a third party. In particular, the Artist shall not be held liable due to the behavior of one of its Clients, and the latter undertakes to indemnify the Artist against any judgement rendered against her, as well as to reimburse the Artist for all costs, including lawyer’s fees, incurred in her defense.

Regardless of any additional contractual guarantee ( commercial warranty ) that may be granted, the Artworks benefit from the legal guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code, and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

This conformity guarantee runs for twenty-four ( 24 ) months from the delivery of the Artwork. The guarantee applies provided that the defect exists on the date of acquisition.

To exercise the warranty, the Client must send the Artist a registered letter with acknowledgement of receipt including the delivery slip, the invoice, a precise description of the defect found, and will be reimbursed for the purchase value of the Artwork.

The Artist’s liability cannot be engaged in the following cases :

- in case of misuse, use for professional purposes, negligenge or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Artwork, accident, or force majeure.

The Artist’s guarantee is, in any case, limited to the replacement or reimbursement of the non-compliant or defective Artwork.

Reproduction of articles L.217-4, L.217-5, L.217-7, L.217-9 and L.217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in effect at the date of these General Terms and Conditions of Sale :

Art. L.217-4 of the consumer code :

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was his responsability under the contract or was carried out under his responsability.”

Art. L.217-5 of the consumer code :

“The good conforms to the contract : 1° if its suitable for the use usually expected of a similar good and, if applicable :

- if it corresponds to the description given by the seller and possesses the qualities that he as presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labeling ;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Art. L.217-7 of the consumer code :

“Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Art. L217-9 of the consumer code :

“In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost with respect to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Art. 217-12 of the consumer code :

“The action resulting from lack of conformity is time-barred two years from the delivery of the goods.”

Art. 1641 of the civil code :

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.”

Art. 1644 of the civil code :

“In the cases of articles 1641 and 1643, the buyer has the choice of returning the item and getting the price refunded, or keeping the item and getting part of the price refunded.”

Art. 1648, paragraph 1 of the civil code :

“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

It is recalled that the search form amicable solutions before any legal action does not interrupt the time limits for action of the legal guarantees nor the duration of any possible contractual warranty.

Article 14 - Personal data

For more information regarding the use of personal data by the Artist, please read the Privacy Policy carefully. You can consult this Policy at any time on the Site.

Article 15 - Hyperlinks

The hyperlinks available on the Site may refer to third-party websites not edited by the Artist. They are provided solely for the Client’s convenience, to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Site and the agree to use third-party sites at their own risk or, if applicable, in accordance with the conditions governing them.

The Client acknowledges that the Artist neither controls nor contributes in any way to the development of the terms of use and/or the content applying to or appearing on these third-party sites.

The Artist invites the Client to report any hyperlink on the Site that allows acess to a third-party site offering content contrary to laws and/or good moral.

The Client may not use and/or insert a hyperlink pointing to the Site without the prior written consent of the Artist on a case-by-case basis.

Article 17 - General provisions

Entire agreement between the parties

These GTC constitute a contract governing the relationship between the Client and the Artist. They constitute the entire rights and obligations of the Company and the Artist regarding their purpose. Should one or more stipulations of these GTC be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact that one of the parties does not invoke a breach by the other party of any of the provisions of these GTC shall not be interpreted as a waiver to invoke such a breach in the future.

Modifications to the Conditions

The Artist reserves the right to modify at any time and without notice the content of the Site or the Services available there, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, the Artist reserves the right to change at any time and without notice the location of the Site on the Internet, as well as these GTC. The Client is therefore required to refer to these GTC before any use of the Site.

The Client acknowledges that the Artist shall not be held liable in any way towards them or any third-party for such modifications, suspensions, or terminations.

The Artist advises the Client to save and/or print these GTC for safe and durable storage, so that they can be invoked at any time during the performance of the contract if necessary.

Complaint - Mediation

In the event of a dispute, you must contact Ms. Clara Doiteau either by phone at +33662346152 or by email at contact@claradoiteau.com.

If the complaint to the Artist fails or if there is no response within one ( 1 ) month, the Client, within the meaning of article L.612-2 of the Consumer Code, may submit the dispute relating to the order or these GTC with the Artist to a mediator free of charge. The competent mediator listed by the Consumer Mediation Evaluation and Control Commission in application of article L.615-1 of the Consumer Code is :

La Société Médiation Professionnelle - https://www.mediateur-consommation-smp.fr - Alteritae, 5 rue Salvaing, 12000 Rodez, France

The mediator will attemps, in complete independance and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse mediation as well as, in the event of mediation, to accept or refuse the solution proposed by the mediator.

Applicable law

These General Conditions are governed, interpreted, and applied in accordance with French law.

Acceptance of the General Conditions by the Client

The Client acknowledges having read these GTC.

The applicable GTC to the Client are those available on the date of the order, a dated copy which may be provided upon request. It is therefore specified that any modification of the GTC made by the Artist will not apply to any order placed previously, unless expressly agreed by the Client who placed the order.