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Legal Notice
Article 1 – Preamble
These general terms and conditions of sale (GTC), governed by French law, constitute the basis of the commercial negotiation and are intended to apply between: the micro-enterprise Susann Urban Art, under registration number 950 868 000 000 15, hereinafter referred to as "the seller" AND Any person making a purchase on the website www.susannurban.art.com or, alternatively, by email at susann.art@icloud.com, hereinafter referred to as "the buyer." The buyer declares to be at least 18 years old and to have the legal capacity or to have parental authorization allowing them to place an order on the site or by postal or electronic mail. The purpose of the contracts will be the sale, mainly through its website, or alternatively, by email, of Susann Urban Art. By validating their order, the customer declares to unconditionally accept its terms as well as the entirety of these general terms and conditions of sale and declares to have the capacity to conclude a contract with the seller. Susann Urban Art sells original artworks and reproductions on its website www.susannurban.art.com.
Article 2 – Object of Sales Conditions
The purpose of these general terms and conditions of sale is mainly to define the terms of remote sales between the seller and the buyer, from order to payment and delivery. They regulate all the necessary steps for placing an order and ensure the follow-up of this order between the contracting parties. They prevail over the purchasing conditions unless formally and in writing accepted by the seller. Any contrary condition opposed by the buyer will, therefore, be, in the absence of express acceptance, unenforceable against the seller, regardless of when it may have been brought to its attention. The fact that the seller does not avail itself at a given time of any of these general terms and conditions of sale cannot be interpreted as a waiver to later avail itself of any of said conditions.
Article 3 – Rules Applicable to these GTC
3.1 Acceptance of these General Terms and Conditions
These General Conditions apply to any Visitor, Registered User, and/or Client of the Site. Access and use of the Site imply the agreement of the Visitor, Registered User, and/or Client to these General Conditions. Confirming the placement of an order on the Site, by clicking on the "order validation" button after checking the box "I have read and accept the General Conditions," constitutes full and complete acceptance of these General Conditions. The applicable General Conditions are those in effect on the day of the visit to the Site and the placement of an order. These General Conditions may be subject to modifications by the micro-company Susann Urban Art. In this case, the new General Conditions will apply only to orders placed after the modification.
3.2 Modification of the General Terms and Conditions of Sale
The seller reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of a modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
3.3 Nullity of a general sales clause
If an article or clause of these general terms and conditions of sale were to be annulled, this would not, therefore, lead to the annulment of the entirety of these.
Article 4 – Availability of Services
The site is, in principle, accessible 24 hours a day, 7 days a week, all year round, except in the event of intentional or unintentional interruption, such as maintenance. As it is subject, by its activity, to an obligation of means, Susann Urban Art cannot be held responsible for any damage, of any nature whatsoever, resulting from unavailability of the Site. The products sold by Susann Urban Art are only available in the countries listed on the website in the drop-down lists during the payment or subscription process.
Article 5 – Prices
The prices of the products are indicated in euros and inclusive of VAT. These prices are firm and final during their validity period, as indicated on the site. The selling prices of the products indicated on the Site do not include shipping costs. Shipping costs, charged in addition, are indicated before the final validation of the order, except in the case of expressly mentioned free shipping during the order. Susann Urban Art reserves the right to modify its prices at any time. The price in effect is the one displayed on the Site at the time of the order validation on the Site by the Client.
Article 6 – Order
6.1 Procedure
Orders are placed online, through the Susann Urban Art site. The online sale of products presented on the site is reserved for individual customers. To place an order, the Customer must be at least 18 years old and have the legal capacity to place an order on the site. A detailed description of the products is available for individual viewing on the site. To order the desired product(s), the customer must enter the product sheet of the items they wish to purchase by clicking on the photo and choose the desired quantity. Then the customer must click on "add to cart." The choices will be automatically added to the cart. At any time, the customer can check the contents of their cart by clicking on the cart button at the top right. Once the desired products are ordered, the customer must click on "order" in the summary of their order and proceed to secure payment. The Customer must ensure the accuracy of the information provided and correct any input errors before confirming the order. Susann Urban Art cannot be held responsible for any delivery defects due to input errors by the Customer. It is therefore up to the Customer to check, at the time of the order, the nature, quantity, size, and price of the chosen items. Susann Urban Art submits these general terms and conditions of sale for the approval of the Customer, prior to placing the order.
6.2 Acceptance of the Order
Susann Urban Art reserves the right to accept orders placed online via its website within the limits of available stocks and in accordance with these conditions. Conversely, Susann Urban Art reserves the right to refuse an order, especially in the event of: impossibility of implementing the chosen payment method for the payment of the order, orders not corresponding in terms of content or frequency to the needs of an individual, or in the case of abnormal or bad faith requests.
6.3 Order Confirmation
The customer will receive an order confirmation by email after payment to specify that it is well recorded and taken into account by Susann Urban Art. Any validated order form constitutes a final acceptance of the contract. At the end of the withdrawal period set out in Article 10, the order becomes final and irrevocable.
6.4 Product Availability
The availability in stock of products is mentioned on the online product sheets. Some items are only stocked in limited quantities, and the products are conditioned according to availability from its suppliers. In the case of a temporary out-of-stock, Susann Urban Art undertakes to inform you by email as soon as possible. Susann Urban Art will communicate to the buyer the necessary supply times to obtain the desired product or propose a replacement product of equivalent value. If a product is out of stock without a specific restocking time, Susann Urban Art will offer the refund of the ordered product via the payment method used during the order.
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Article 7 – Prices The products offered by Susann Urban Art on the website are priced at the prevailing rate at the time of purchase, expressed in euros and inclusive of the applicable VAT on the day of subscription, excluding shipping and order processing fees. Any change in rates may be reflected in the subscription amount.
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Article 8 – Payment As mentioned above, payment for the order is made only by credit card, directly on the website www.susannurban-art.com. Cards bearing the "American Express," "DISCOVER," "Mastercard," "Visa," "JRC" brands are accepted. The buyer must enter the credit card number and expiration date. If the transaction proves impossible, the purchase is automatically canceled. After a successful transaction, an electronic invoice is sent to the buyer. The seller undertakes to ensure the confidentiality and security of the data transmitted on the site (see Article 15 – Personal Data).
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Article 9 – Delivery The ordered products are sent via Colissimo (without a signature) to the delivery address provided by the buyer during the order placement. All deliveries are announced by email. The delivery times indicated on the site are indicative, corresponding to the average processing and delivery times observed. Susann Urban Art cannot be held responsible for consequences due to a delay in delivery. In any case, if the package is returned to the sender, a second delivery will be made at the customer's expense. If the package is returned to the sender again, it will not be resent to the customer, and the amount corresponding to this order, including any additional delivery costs, will remain with Susann Urban Art. The Colissimo shipment cost varies based on the weight and destination of the package containing the buyer's order. Colissimo delivery times are 3 to 5 working days, allowing the seller to track the delivery steps. In case of a delay in delivery of more than 15 days, if it is not due to force majeure, the buyer has the option to cancel the purchase. This will result in the refund of the amounts paid by the buyer within 30 days.
Article 10 – Right of Withdrawal The buyer has a period of fifteen clear days, from the receipt of the order, to exercise the right of withdrawal without having to justify reasons or pay penalties, except for the return costs, which remain at his expense. If the fifteen-day period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day. In case of exercising the right of withdrawal, the seller reimburses the buyer for the total amount paid, as soon as possible and no later than thirty days following the date on which this right was exercised, excluding return costs and provided that the buyer has returned Susann Urban Art to the seller. This right of withdrawal must be exercised by the buyer unequivocally. The product(s) must be returned new and in their original packaging and condition; otherwise, the customer may not enjoy this right of withdrawal.
Article 11 – Guarantees and Liabilities 11.1 The seller is responsible for conformity defects existing at the time of product delivery. The seller also answers for conformity defects resulting from packaging or products. In case of delivery of a non-compliant product, the customer must notify Susann Urban Art as soon as possible by email or post, attaching a photograph explicitly showing the damages. In the case of a justified request, the seller undertakes either to exchange the product for another identical one or, failing that, to fully refund the buyer for the defective Susann Urban Art, including return costs. These provisions are not exclusive of the right of withdrawal defined in Article 8 of these general terms and conditions. Modified, integrated, or added products by the buyer or any other person not authorized by the seller are excluded from warranty. The warranty does not cover products or services damaged during transport or misuse. The seller's liability cannot be held in case of failure to fulfill contractual obligations due to fortuitous events or force majeure, as defined by jurisprudence. The seller cannot be held responsible for non-performance of the contract in case of supplier stockout, force majeure, total or partial disruption or strike, especially postal services and means of transport and/or communication, flood, fire.
11.2 The information available on the website www.susannurban-art.com and its social networks is provided for informational purposes.
Article 12 – Complaints The buyer must address any complaints to the seller electronically at Susann Urban Art, clearly stating the order references.
Article 13 – Force Majeure In case of an unforeseen event or force majeure, the seller will be unable to fulfill its obligations under these general terms and conditions of sale.
Article 14 – Personal Data Since May 25, 2018, the new European regulation on the protection of personal data (GDPR) has come into effect. It complements the Data Protection Act of January 6, 1978. Its goal is to better control the use made of the client's personal data. For Susann Urban Art, this is an opportunity to guarantee the security, privacy protection, and fair use of its clients' personal data. Therefore, the company undertakes to respect the confidentiality of the collected personal information. We only ask for the necessary data.
14.1 Information Collected Depending on the cases, here is the list of collected information: - Name / First Name - Postal address (for orders) - Email address (for orders) - Credit card number (for orders) - Company name (if applicable) Personal data collected is gathered through forms and through the interactivity established between the client and Susann Urban Art. As indicated in the following section, Susann Urban Art also uses cookies to collect information about its clients. Only registration forms with explicit agreements involve the retention of client data. No information is collected for simple contact forms and email responses.
14.2 Cookies Cookies are collected when the client browses www.susannurban-art.com. Their sole purpose is to record information about the user's navigation for statistical purposes and service improvement. They also allow for easier reconnection by avoiding the user to re-enter certain previously requested information. These are mainly the following information: - IP address - Operating system and hardware used (computer, mobile, or tablet) - Pages visited and queries - Time and day of connection When the internet user visits the Susann Urban Art website for the first time and cookies are likely to be deposited on their terminal (computer, tablet, smartphone, etc.), they are informed of the deposit of these cookies via the informative banner displayed on the page. The internet user has the possibility to modify the settings related to the deposit of cookies. For this, he can: - Continue browsing the site and then set the deposit of Cookies on his terminal. - Click on the "Show details" tab to get more information.
14.3 Customer Data is Neither Exchanged nor Sold This data is kept for 3 years (for marketing), 10 years (for billing data). They are intended solely for Susann Urban Art and its subcontractors when needed (execution and shipment of orders). They are never exchanged or sold. The customer retains control of his data.
14.5 Right of Access
Susann Urban Art undertakes to acknowledge the right of access and rectification for individuals wishing to consult, modify, or even delete their information. To exercise this right, the client can:
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Email susann.art@icloud.com
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Write to Susann Urban Art - 9 rue Joseph Lesage - 22100 Dinan
The security of customer data, our priority The personal information that Susann Urban Art collects is kept in a secure environment. On the team's computers, protected by passwords, on Wix, an online sales tool. These are third-party applications that also comply with GDPR; they must meet the same requirements for data protection and will be held responsible in case of any issues.
14.6 In case of an incident Susann Urban Art commits to maintaining a high level of confidentiality using all available resources. However, as no mechanism offers maximum security, there is always a level of risk when using the Internet to transmit personal data. This is why, in case of a problem, Susann Urban Art is obligated to inform its customers, as well as the CNIL, within 72 hours.
Article 15 – Intellectual Property All elements of the site are protected by copyright, trademarks, or patents. They are the exclusive property of the seller. Any total or partial reproduction, modification, or use of these distinctive signs, illustrations, images, and logos, for any reason and on any support, without the express and prior consent of the seller, is strictly prohibited. The same applies to any combination or conjunction of these elements with any trademark, symbol, logo, and generally any distinctive sign. In case of non-compliance with these prohibitions, the seller reserves the right to prosecute the offenders.
Article 16 – Applicable Law and Jurisdiction These general terms and conditions of sale are executed and interpreted in accordance with French law. In case of a dispute, the buyer undertakes to contact the seller first to attempt an amicable resolution of any dispute that may arise between the parties. In the absence of conciliation, the courts in the jurisdiction of the seller's registered office are solely competent. This clause applies even in summary proceedings, without prejudice to any jurisdiction clauses that may exist on the buyers' documents, which cannot prevent the application of this clause.
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