7.1 Payability and late payment The amount due is indicated at the time of Order validation. Orders will only be validated after receipt and validation of payment.
Any sum not paid on the due date shall, after formal notice, bear interest at the legal rate.
7.2 Secure payment
The Site is subject to a secure payment system to guarantee the security and confidentiality of the personal and banking information of the Customers.
Payment for purchases is made on the Site, by Bank Card (Blue, Visa, Eurocard/Mastercard) or through the services of payment providers (Stripe or other). The general terms and conditions of use of the payment service provider(s) chosen by AGNES AUDRAS on the day of the Order are available by clicking on this link.
7.3 Retention of title
The Products remain the exclusive property of AGNES AUDRAS until full payment of the price.
ARTICLE 8 - USE OF THE SITE - PERSONAL DATA
Subject to compliance with the terms and conditions of these GCS, any Internet user may freely and gratuitously access the Site.
The Customer shall provide all the mandatory information required in the form made available to him/her when placing an Order, the list of this information being defined in accordance with AGNES AUDRAS's personal data protection policy, said list being subject to modification by AGNES AUDRAS to ensure the best operation of the Website. The Customer's failure to provide any mandatory information shall prevent the Order from being placed.
At the time of the Order, the Customer shall, in particular, indicate the information required for identification and delivery, including his or her surname, first name, postal address, telephone number or e-mail address.
The Customer may decide to save his/her details for any future Order.The Customer undertakes to provide only accurate information, whether for personal, delivery or payment information.
The Customer may also subscribe to a newsletter to receive e-mails about the Site, new products and other updates.
ARTICLE 9 - MANUFACTURE AND DELIVERY OF PRODUCTS
9.1 Definition
Delivery means the transfer of physical possession of the Product to the Customer or the recipient of the Order./p>
9.2 Manufacturing and Delivery Time
AGNES AUDRAS undertakes to manufacture and deliver the Products within the time limits set forth below after validation of the Order.
Manufacturing lead times, excluding vacation periods, vary according to the format of the Product:
For paintings presented in the collections :
1/2 week(s) after validation of the Order: Formats 18x24 cm, 25x25 cm, 24x30 cm, 30x40 cm;
3/4 week(s) after validation of the Order : Formats 40x50 cm, 50x65 cm ;
For custom-made paintings, the manufacturing deadlines will be established in agreement with the Customer according to the following process:
After validation of the Order, AGNES AUDRAS will produce within 1 to 2 weeks, excluding vacation periods, a felt sketch which must then be validated by email by the Customer;
After validation of the Customer on this sketch, AGNES AUDRAS will realize within 4 to 5 weeks, excluding vacation periods, the drawing made with 3D wire and will again request validation by email from the Customer for this drawing before framing. It is only after this last validation that AGNES AUDRAS will then proceed to the framing of the custom-made paintings for shipment.It is only at the end of the manufacture of the Product, and from the sending of the email informing of the shipment, that the Product will be delivered. AGNES AUDRAS shall therefore not be responsible for the Customer's response time for the validation of the felt pen sketch and the drawing made in 3D thread.
These lead times may be longer depending on the number of orders or the complexity of the drawing. The Customer will be informed by e-mail of its finalization and shipment.
It is only at the end of the manufacture of the Product, and from the sending of the email informing of the shipment, that the Product will be delivered. AGNES AUDRAS shall therefore not be responsible for the Customer's response time for the validation of the felt pen sketch and the drawing made in 3D threade.
The Customer may contact AGNES AUDRAS by e-mail at contact@filstories.com in case of urgent request. To the extent possible, AGNES AUDRAS will make its best efforts to deal with this urgent request.
Delivery times vary according to the place of delivery:
For deliveries in France: 2 working days after shipment of the Product ;
For deliveries in the European Union: 3 to 6 working days after shipment of the Product depending on the destination.
The Customer will be informed by e-mail of the dispatch of the Product and will be given a tracking number that will enable him/her to follow the progress of the delivery online by going to https://www.laposte.fr/colissimo.
9.3 Delay in delivery
If the Product ordered is not delivered on the date or on expiry of the period mentioned on the order form, the Customer may, after having unsuccessfully instructed AGNES AUDRAS to fulfil its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.
However, AGNES AUDRAS shall not be liable for any delay attributable to the postal services. The Customer may inform AGNES AUDRAS by e-mail contact@filstories.com of incidents encountered with the postal services.
9.4 Place of delivery
The Products are delivered to the Customer against his signature or by any specially authorized person, directly to the address indicated by the Customer on the order form by the carrier chosen by AGNES AUDRAS, namely Colissimo with tracking and ad valorem insurance.
9.5 Terms of delivery
Delivery is made by direct delivery of the Product to the Customer against signature or, failing this, by sending a notice of availability to the Customer at the Post Office indicated on the delivery note.
Within fifteen (15) days from the day after the notice of availability, the Customer or any duly authorized person must proceed to the withdrawal of the ordered Product against signature and presentation of an identity document.
In the absence of withdrawal within the period indicated, AGNES AUDRAS may, after formal notice from the Customer, which has remained without effect, proceed with the withdrawal, terminate the order by operation of law and retain the amount paid as compensation.
When the Product is delivered to the address indicated in the presence of the Customer, it is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or missing items, to refuse the Product and notify AGNES AUDRAS.
9.6 Conformity of the Products
If the Product does not conform to the Order, the Customer must address a complaint to AGNES AUDRAS with a view to obtaining the replacement of the Product or possibly the termination of the sale.
9.7 Unavailability of Products
In the event of unavailability of the Products upon delivery, AGNES AUDRAS may offer, under the terms hereof, a Product that is equivalent in quality and price.
9.8 Failure to deliver
The total failure to deliver shall result in the automatic termination of the contract of sale.
9.9 Delivery and transfer of risk
The risks of loss or damage to the Products are transferred to the Customer at the time when he takes, or a third party designated by him, physical possession of the goods, without distinction according to their nature.
The Product, which is delivered to the Customer by a carrier chosen by AGNES AUDRAS, travels at the risk of AGNES AUDRAS.
The Product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer's risk and peril from the moment the goods are handed over to the carrier.
9.10 Transfer of ownership
Upon delivery, and subject to the terms of Article 7.3 hereof, ownership of the Product is transferred to the Customer.
ARTICLE 10 - LEGAL GUARANTEES
It is understood that all Products sold by AGNES AUDRAS benefit from the legal guarantee of conformity (as defined in Articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 to 1649 of the French Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
10.1 Legal guarantee of conformity
The French Consumer Code provides the following in terms of the legal guarantee of conformity:
Article L.217-4 of the French Consumer Code :
"The seller delivers a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery.
Article L217-5 of the Consumer Code :
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L217-12 of the Consumer Code :
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
If the Customer wishes to implement the legal guarantee of non-compliance, the Customer must contact AGNES AUDRAS directly:
Within a period of two years from the delivery of the goods to act ;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
is exempted from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
10.2 Warranty against hidden defects
The French Civil Code provides the warranty against latent defects in the following terms:
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 of the Civil Code :
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
10.3 Exclusion of warranties
In particular, Products that have been modified, repaired, integrated or added by the Customer or that have certain parts missing for reasons not attributable to AGNES AUDRAS are excluded from warranty. The warranty will not cover Products damaged as a result of improper use.
10.4 Consequence of the implementation of the legal guarantees
Within the framework of the legal guarantee of conformity and the legal guarantee against hidden defects, and in the event of a justified return of the non-conforming/defective Product, AGNES AUDRAS undertakes in agreement with the Customer, after assessment of the defect, to :
Replace the Product with an identical Product and, in the event of unavailability,
Refund the full price, by crediting the Customer's bank account, within fourteen (14) days of receipt of the returned Product if replacement is not possible;
Refund part of the price of the Product in the event that the Customer decides to keep the Product.
ARTICLE 11 - LIABILITY
11.1 Capacity
The Customer, prior to his Order, declares that he has full legal capacity, allowing him to commit himself under these GCS. AGNES AUDRAS shall in no event be required to verify the legal capacity of its visitors and Customers.
11.2 Conformity of the Products
The Products offered are in conformity with the French legislation in force. AGNES AUDRAS shall in no way be held liable in the event that the laws in force in the country of the Customer's domicile do not allow the Product(s) to be sold in said country.
11.3 Information and description of the Products
AGNES AUDRAS is committed to a duty of fair information and takes the greatest care and accuracy in putting information, item descriptions and data available on the Website online and in regularly updating them.
11.4 Limitation of liability
AGNES AUDRAS will not be held responsible:
interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, force majeure, due to third parties or any circumstances whatsoever, regardless of its will ;
the Customer's inability to access the Site momentarily due to events beyond its control, such as: computer breakdowns, interruptions in the telephone network, the Internet network, failure of the equipment used to receive the said Internet network, etc.; the Customer's inability to access the Site temporarily due to events beyond its control.
delays in delivery due to postal services;
the content and truthfulness of the links to third party sites and the direct or indirect damages resulting from them.
AGNES AUDRAS does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.
The Customer alone shall remain the sole judge of the appropriateness and suitability for his or her needs and consumption of the items that he or she orders.
AGNES AUDRAS shall not be held liable for any use of the Products that does not comply with their intended purpose.
AGNES AUDRAS may not be held liable in the event of non-performance or poor performance of the contract due either to the Customer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Without limiting the scope of the other stipulations of the GCS, AGNES AUDRAS shall only be liable in the event of proven fault attributable to it. In any event, its liability shall be limited to direct damages only.
11.5 Operation of the Site
AGNES AUDRAS reserves the right to suspend the operation of the Site and/or the sale of Products.
11.6 Product safety defect
In the event of damage caused by a security defect of the Product, the Customer must seek the responsibility of the manufacturer or supplier identifiable from the information mentioned on the packaging of the Product.
ARTICLE 12 - RESOLUTORY CLAUSE
The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and will be acquired by right without judicial formality.
ARTICLE 13 - RIGHT AND DEADLINE FOR RETRACTION
13.1 Conditions and time limit for exercising the statutory right of cancellation
In accordance with the provisions of articles L.221-5 and L.221-18, L.121-21 and following of the Consumer Code, the Customer has a right of withdrawal which he may exercise within fourteen (14) days from receipt of the Products by the Customer or by any third party designated by him.
13.2 Products excluded from the legal right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of retraction may not be exercised for Orders relating in particular to the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection, and to the supply of Products made to the Customer's specifications or clearly personalised (custom-made drawings).
13.3 Consequences of exercising the legal right of withdrawal
If the Products may be subject to the legal right of retraction, the Customer exercising his right of retraction under the conditions set forth in the present article, may obtain a refund for the Products returned as well as the delivery costs of the Order.
13.4 Costs
In accordance with Article L.221-23 of the French Consumer Code, the cost of returning the Products shall be borne by the Customer, except in the event of a lack of conformity of the Products delivered in relation to the Order (in which case the return costs shall be borne by AGNES AUDRAS).
Methods of exercising the right of withdrawal
The Customer must inform AGNES AUDRAS of his or her wish to withdraw within fourteen (14) days following receipt of the Product(s), by notifying AGNES AUDRAS of his or her decision to withdraw by means of an unambiguous statement indicating his or her name, address, telephone number and email address.
In this case, the Customer may, in particular, use the model withdrawal form appended to these GTC and send it :
By mail to the following address: AGNES AUDRAS, ATELIER 15 - 14 boulevard des Arches - 92130 ISSY-LES-MOULINEAUX, or,
by email at the following address: contact@filstories.com.
The Customer must return the Products concerned by post within fourteen (14) days following his notice of withdrawal.
If the withdrawal is made before the Customer receives the Order and if the Order is in the process of being shipped, the Customer is informed that it may be technically difficult for AGNES AUDRAS to block shipment of the Products once the Order has been validated and paid for. The Order will then be forwarded to the Customer, who undertakes to refuse the package or to return the Products concerned within the time limits indicated above.
13.6 General provisions applicable to the return of Products
The Products must be returned to AGNES AUDRAS in a condition that allows them to be marketed again (sealed, unused Products in perfect condition accompanied by their original packaging or, in packaging that provides equivalent protection for the said items during their return transport, accessories, instructions, where applicable, etc.).
Returns of Products sent back beyond the time limits defined above may be refused. Products must also be accompanied by the Order number in their original packaging.
The Customer may be held liable for any deterioration in the value of the Products resulting from handling operations other than those necessary to determine the nature, characteristics and, where applicable, the proper functioning of the Products.
13.7 Return by parcel or mail
The Customer who wishes to exercise his legal right of withdrawal by returning a Product by mail/package must follow the following instructions:
Use the original packaging to return the Product(s) concerned.
Send the package or the mail in a Followed or Registered Letter with Advice of Receipt to the following address:
AGNES AUDRAS, ATELIER 15 - 14 boulevard des Arches - 92130 ISSY-LES-MOULINEAUX
AGNES AUDRAS does not accept parcels or mail addressed postage due.
If the Customer is unable to provide proof that he has actually insured the deposit of the Product with a carrier, any risk related to the return of a Product shall be borne by the Customer.
13.8 Model withdrawal form
The withdrawal form template can be found at the bottom of the document.
ARTICLE 14 - INTELLECTUAL PROPERTY
14.1 Intellectual property of AGNES AUDRAS
Any redistribution, reproduction or commercialization of all or part of the content of the AGNES AUDRAS Site (the "Site"), in any form whatsoever, is strictly prohibited.
The elements reproduced on the Site, including but not limited to logos, drawings, graphics, samples, brochures, documents and other similar materials, photographs, visuals, texts, drawings and images or other, databases, programs, software, videos, which are the exclusive property of AGNES AUDRAS, are protected by intellectual property rights of which AGNES AUDRAS is the sole owner.
The trademark, logo, and/or any other distinctive sign, corporate name, sign, drawings, models, samples, brochures, materials, prototypes, documents, projects, memos, plans, studies, descriptions, consultations, opinions, conclusions or other procedural acts, methods, processes, techniques, developments, designs, techniques, and know-how, source and computer codes, software documents, mechanisms and electronic systems, and other similar elements, without this list being exhaustive, provided by AGNES AUDRAS are the exclusive property of AGNES AUDRAS.
The trademark, logo, corporate name and/or any other distinctive sign may under no circumstances be used by the Customer, unless specifically provided for. These GTC shall not have the effect of conferring any right whatsoever on the Customer on AGNES AUDRAS' intellectual property rights.
The Customer undertakes not to reproduce, represent, distribute, adapt and/or modify, in any way whatsoever and for any reason whatsoever, even partially, these elements without the express, written and prior authorization of AGNES AUDRAS. Any use without the prior written authorization of AGNES AUDRAS exposes offenders to legal action.
The Customer shall also refrain from distributing, marketing, exploiting and more generally making available or granting the use of the aforementioned elements to third parties without the express written consent of AGNES AUDRAS.
Any unauthorized use of the Website or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
In general, the authorization of use provided for herein shall not entail any transfer of rights or guarantees, whatever the title, to the benefit of the Customer or a third party. For the avoidance of doubt, the rights granted hereunder do not constitute, under any applicable law, an assignment of rights, and may not be assigned.
14.2. Intellectual Property attached to the Products
AGNES AUDRAS certifies that it either holds all the intellectual property rights to the drawings it has created and hand-made in 3D thread and reproduced on the Products, whether they come from collections or documents sent by the Customer.
Similarly, the drawings/collections posted on its Website are either creations of which it is the sole author.
The Customer authorizes AGNES AUDRAS to use the document sent by the Customer to create a work for which it becomes the sole owner of the related intellectual property rights. The Customer guarantees AGNES AUDRAS against any disturbances, claims and evictions whatsoever and warrants that no litigation, disputes, claims or proceedings are initiated or announced that may directly or indirectly jeopardize all or part of the aforementioned intellectual property rights.
In general, the Order does not entail any assignment of the intellectual property rights of the works reproduced on the Products, nor any guarantee, for the benefit of the Customer or a third party.
For the avoidance of doubt, any assignment of intellectual property rights shall be the subject of a separate specific contract between AGNES AUDRAS and the Customer.
The Customer undertakes to scrupulously comply with all instructions for use of the Product that will be communicated by AGNES AUDRAS. The Customer undertakes to use the Product in accordance with the provisions of the Intellectual Property Code and in particular to respect the moral rights provided for in Article L.121-1 of the Intellectual Property Code.
ARTICLE 15 - MEDIATION
In the event of a dispute, the Customer should first contact AGNES AUDRAS.
In the event of failure to make a claim to AGNES AUDRAS or in the absence of a response within two months, the Customer may submit the dispute relating to the order form or to these GCS opposing AGNES AUDRAS to the mediator to whom AGNES AUDRAS belongs: CM2C. The mediator will attempt, with complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.
To submit his request for mediation, the Customer has a complaint form available on the mediator's website.
The Parties to the contract remain free to accept or refuse the recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 16 - APPLICABLE LAW AND DISPUTES
17.1 Applicable law
These general terms and conditions of sale and the contractual relationship between AGNES AUDRAS and the Customer are subject to French law.
17.2 Disputes
In the event of a dispute relating to the existence, interpretation, conclusion, execution or breach of the contract, an amicable solution will be sought before any legal action is taken. In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant, or, at the choice of the plaintiff, of the place of effective delivery of the Product(s).
DOWNLOAD THE MODEL WITHDRAWAL FORM
