1) Contracting parties
The following general conditions of sale use determine and constitute the contract between “Marion de Lauzun” (here after referred to as “petportraitsbymarion.com”) and the consumers (here in after referred to as the “client”) using the website petportraitsbymarion.com.
The purchase of services and / or products on the site petportraitsbymarion.com is subject to the total acceptance of the general conditions of sale applicable to the date of the order.
The general conditions of sale may be updated at any time by Marion de Lauzun, the date on which they are put on line is equivalent to the date of entry into force.
The web site petportraitsbymarion.com is administered by the Company: Marion de Lauzun
Responsable : Marion de Lauzun
E-mail : firstname.lastname@example.org
Tel: +33(0)6 33 30 92 06
N° SIRET : 52161202800030
APE : 4791A
3) Object of the contract
The client entrusts to petportraitsbymarion.com the creation of personalized portraits from photographs as well as the printing of these portraits on different supports: canvases and photo posters. Before any order, the customer has to read and fully accept of these general conditions of sale and use. The present terms and conditions of sale and use will be binding on the parties.
The prices indicated and corresponding to the various products are expressed in Euros or US dollars and include all taxes, excluding postage, which are the responsibility of the customer.
The prices of products can be modified at any time by Marion de Lauzun. However, the prices offered are those in effect on the day of the order. Promotions are valid for the period of validity announced on the website.
5) Additional costs
The various elements which may be necessary for graphic production and which do not fall within the scope of the tenders are not included in the prices indicated. It may act from: typographic fonts, photographs or illustrations from image banks etc. Changes requested by the client in progress, if they involve a redesign of the project (see “creation” section)
Only physical persons, major and legally capable are authorized to order on the internet site petportraitsbymarion.com. The customer guarantees that the payment of the order is not carried out fraudulently (fraud, identity theft, fraudulent use of bank card, etc.).
Marion de Lauzun reserves the right to refuse orders for any legitimate reason in the sense defined by the law and the jurisprudence (for example: in case of unavailability of the product, inability to perform the service, or of the intention of the client to harm Marion de Lauzun, of contents of photos contrary to good morals etc)
The Customer certifies the accuracy of the information transmitted to Marion de Lauzun and will be responsible for any errors or omissions. In the event of incorrect, incomplete information, Marion de Lauzun may not be able to process and / or deliver the order. The total amount of the order is indicated at the end of the process of your order.
The processing of the order will be done after validation of the payment via PayPal. When processing payments, some of the customer data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
The actual creation of the portrait can only take place after the full payment by the customer of the amount of his order.
The creation period (on average three to five working days to issue the first e-mail voucher) begins after validation of the quality of the photos by Marion de Lauzun. Sending poor quality photos will delay the time taken to create the portrait.
When the creation is complete, the customer receives a preview via e-mail. The modifications requested by the customer are free (colors, face inversion, line changes). The customer can get unlimited revision, however Marion de Lauzun reserves the right to refuse modifications if they are unfeasible or if the customer requests a significant number of changes.
As soon as the proof is confirmed by the customer, and the payment is received, the graphic production is sent to the printing. The average manufacturing time is 3 working days. This production lead time may vary depending on the volume of orders, the availability of products at our suppliers, or any other cause that may slow down the flow of work within the limit of 15 days. We undertake to inform you by e-mail of any delay of more than 96 hours in relation to the manufacturing time, and to give you an estimate on the date of shipment.
For indication, the average deadlines for the creation and production of personalized portraits are five working days and the average delivery time may vary according to the geographical area:
-Delivery in USA: 1-2 weeks
-Delivery to the rest of the world: 2-3 weeks
In the case Marion de Lauzun is confronted with manufacturing and / or delivery problems that may delay the delivery period, the customer will be informed by e-mail.
However, Marion de Lauzun can not be held responsible for delays attributable to different carriers, and additional delays due to traffic accidents, bad weather, strikes etc.
The delivery costs are mentioned in the basket before the validation of the order as well as in the tab “delivery” and the tab “tariffs”. The delivery costs are charged to the client.
The delivery of the portrait will be made to the address indicated by the customer at the time of its order. The responsibility of Marion de Lauzun can not be sought in the event of impossibility of delivery or an error of delivery consequent to incorrect or incomplete information communicated by the Client. Upon receipt of the package, the customer will open the parcel in the presence of the carrier to check the condition of the products. In case of damage, the customer will detail in writing the defects found on the carrier’s delivery note. Any subsequent complaint (not opening the parcel in the presence of the carrier) can not be taken into account.
In accordance with article 133-3 of the French Commercial Code, the customer must imperatively send a detailed protest by registered letter with acknowledgment of receipt to the carrier, within 3 days (excluding Sundays and public holidays) and inform Marion de Lauzun by email at email@example.com.
Marion de Lauzun can not be held liable in the event of degradation of the product by the customer.
For delivery outside of Metropolitan France, tax and customs duties relating to sales are the sole responsibility of the customer. It is therefore the customer’s responsibility to inform the local authorities concerned and to ensure compliance with the specific import formalities in the destination country. Consequently, it is not the responsibility of Marion de Lauzun to notify, inform, assist, substitute or advise him on any tax or customs issues or obligations relating to contracts.
The manufacture of the graphic designs entrusted by the customer to Marion de Lauzun is analyzed as the supply of goods made according to the consumer’s specifications or clearly personalized, the customer can not claim to exercise a right of withdrawal in accordance with the provisions of Article L 221-28, 3 ° of the French Consumer Code
Consequently, any right of withdrawal for the benefit of the customer is here excluded, unless the parties have agreed otherwise.
However, if you wish to cancel your order after receiving the preview of the creation by e-mail (and before the printing of the painting), the refund of the print/ canvas add-ons is possible. The cancellation of the order after receiving the physical product is not possible under Article L. 221-28, 3 ° of the Consumer Code.
12) Right of resolution
Marion de Lauzun indicates that the maximum delivery date is 25 days (after validation of the creation). In case of excess of 30 working days from the indicated maximum delivery date (except in the case of force majeure within the meaning of the Law), the customer can resolve his order by registered letter with acknowledgment of receipt. A period of 60 days after the date of actual receipt of his order. In this case, Marion de Lauzun will refund all amounts paid (excluding any return costs), within a maximum period of 30 days following receipt of the registered letter with acknowledgment of receipt.
13) Absolute necessity
In case of force majeure, the obligations of the parties will be suspended.
Are considered to constitute cases of force majeure, in addition to those usually retained by the jurisprudence: the blocking of telecommunications, blocking or unavailability of the Internet networks, the breakdown of the equipment broadcasting the service, fire, water damage, The blocking of means of transport or supply, the total or partial strike.
Neither party can be held liable to the other party and no compensation may be claimed for delays or adverse consequences due to force majeure. If, beyond a period of one month, the parties note the persistence of the force majeure, these general conditions will be terminated automatically and automatically, unless otherwise agreed between the two parties.
15) Intellectual property Rights
All data on the site (logos, writings, photos, graphic portraits, images, content etc.) are protected by copyright law and are the full and exclusive property of Marion de Lauzun. Any unauthorized use or reproduction is punishable under the Intellectual Property Code.
Indeed, according to Article L. 122-4 of the Intellectual Property French Code, any reproduction of a partial or total content of the site is forbidden, whatever its form, except prior agreement and written by Marion de Lauzun.
The portraits delivered to the client remain the property of Marion de Lauzun as long as the contract has not been executed in full. However, the transfer of the risks takes effect from the actual delivery of the products and / or services ordered on the site petportraitsbymarion.com.
The products provided by Marion de Lauzun are also governed by the Intellectual Property French Code and remain the intellectual property of Marion de Lauzun. In fact, it is forbidden to reproduce, assign, or exploit the graphic designs paid by the customer, without the written consent of Marion de Lauzun.
16) Responsability of the user
The customer declares to possess all the intellectual property rights on all the files (photos, images, texts etc) transmitted and entrusted to Marion de Lauzun. The responsibility of Marion de Lauzun can not be engaged in the case of non-respect of the intellectual property rights by the customer. In the event of legal action by third parties in relation to documents provided by the client, the latter undertakes to indemnify Marion de Lauzun for the financial consequences of this legal action and for non – compliance with the general conditions of sale, use.
The customer declares to have kept a copy of the digital files before sending them to Marion de Lauzun for the realization of the portraits. In fact, Marion de Lauzun can not be held responsible for the loss or destruction of files.
The customer undertakes to respect all the laws and regulations in force concerning the prohibition of the diffusion of pornographic or obscene images. The customer acknowledges to be informed that images infringing the laws and regulations in force may be submitted by Marion de Lauzun to the law enforcement authorities, who will treat them accordingly.
Any unlawful image may not be graphically or printed.
The customer can not save or transmit files that contain viruses or programs that destroy the data.
17) Responsability of Marion de Lauzun
Marion de Lauzun can not be held responsible for technical or material errors, loss of data following the use of the web site petportraitsbymarion.com. Marion de Lauzun will not be liable for any inconvenience or damage to the use of its website, including breach of service, external intrusion or the presence of computer viruses, constituting a fortuitous event, A case of force majeure.
Marion de Lauzun can not give any guarantee on the coloring or hue of the printing. The responsibility of Marion de Lauzun can not be engaged if the quality of the service is deemed unsatisfactory by the customer, the service being offered “as is”, in the event of infringements of computer security causing damage including computer hardware Of the customer and its data, or in case of bad manipulations by the customer.
Marion de Lauzun can not be held responsible if the contract of sale concluded with the customer is not executed for in case of force majeure. The following are considered to constitute, in particular, cases of force majeure, in addition to those usually retained by law and case law, blocking of telecommunications, blocking of the Internet, breakdown of equipment disseminating the service, fire, water damage , The blocking of means of transport or supply, the total or partial strike, an unavailability of the ordered product.
The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial inability to use the products due to incompatibility of the equipment, or for any other reason, can not give rise to any compensation, reimbursement or questioning of the liability of Marion de Lauzun, except in the case Hidden defect, non-conformity of the product, or a demonstrated defect.
18) Personal data
In accordance with the French law of January 6, 1978 relating to data processing, files and freedoms, the customer is informed that the personal data requested by Marion de Lauzun in connection with the use of the services of the website are compulsory To process past orders.
The Client has the right to oppose, access, rectify and delete personal data concerning him, which he can exercise under the conditions provided by law by contacting Marion de Lauzun by email at firstname.lastname@example.org with its name, first name and e-mail address.
The company Marion de Lauzun is committed to respecting the personal data and information in its possession. The personal data are only used for the processing and execution of orders as well as the sending of commercial information concerning the company, its products and services, unless expressly refused by the customer. They may also be transmitted to any competent authority for the settlement of disputes between Marion de Lauzun and one of its customers.
The personalized portraits made by Marion de Lauzun for Clients are likely to serve as an example on the website petportraitsbymarion.com.
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20) Change of service
Marion de Lauzun reserves the right to modify the terms and conditions of the service at any time. In that case, Marion de Lauzun will notify these changes in this section.
Any use of the website after modifications of the modalities implies that the user accepts the modification and undertakes to respect it.
These general conditions of sale and use, shall be governed and interpreted in accordance with the laws and regulations in force in France. Any action relating to these conditions must be initiated by the user within three months.
21) Applicable law and disputes
These general conditions of sale and use are subjected to French law. In case of litigation you can seek an amicable solution before any legal proceedings with the help of a consumer association, a professional organization of the branch, a mediator or any advice of your choice.
Any complaint must be sent by registered letter with acknowledgment of receipt to:
Marion de Lauzun
In the event of failure of any attempt to reach an amicable solution, any dispute shall be submitted to the exclusive jurisdiction of the French courts.
The liability of Marion de Lauzun can not be sought in case of force majeure as defined by the courts, in the event of a breach or negligence of the customer or the unpredictable and insurmountable fact of a third party to the contract.