Article 1 - Completeness
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible on the website https://www.emmanuellevidalgalerie.com (hereinafter the site) and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the customer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The present general conditions of sale are concluded for the duration necessary for the supply of the ordered good and until the extinction of the guarantees.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the customer, from the website https://www.emmanuellevidalgalerie.com (hereinafter the site).
The present conditions only concern purchases made by buyers located in France and delivered exclusively on French territory.
The customer is informed and acknowledges that the site is intended for consumers and professionals but that these general conditions of sale govern only the sale of products to consumers.
These purchases concern the following products: vintage, second-hand, refurbished or as-is furniture and objects.
The customer declares that he/she has read and accepted these general terms and conditions of sale before making an immediate purchase or placing an order. In this respect, they are enforceable against him/her in accordance with the terms of article 1119 of the Civil Code.
Article 3 - Pre-contractual information
3.1 The customer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The customer shall be provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the products;
- the price of the products ;
- any additional transport, delivery or postage costs and any other costs. Where additional costs cannot reasonably be calculated in advance, they shall be payable upon acceptance of a quotation on request.
- the date or period within which the provider undertakes to deliver the goods;
- information relating to the identity of the provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions.
3.3 The seller shall provide the customer with the following information:
- Contact details:
Emmanuelle VIDAL, 20 Boulevard de Strasbourg - 31 000 Toulouse,
Antique dealer - Purchase - Sale of vintage furniture and objects, second-hand, renovated or offered as is.
Registered with the Toulouse Trade and Companies Registry under number 381 373 216
His telephone number: 06 08 18 60 07
His email address: firstname.lastname@example.org
- the terms of payment, delivery and performance of the contract, as well as the arrangements made by the trader for dealing with complaints;
- in the case of a sale, the existence and the terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code respectively;
- the duration of the contract, where it is concluded for a fixed term, or the conditions for its termination in the case of a contract for an indefinite period.
3.4 The Seller shall indicate, with respect to digital content :
- any relevant interoperability of such content with certain hardware or software of which the trader has or reasonably should have knowledge.
Article 4 - The order
The customer can place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.
In case of unavailability of an ordered product, the customer will be informed by e-mail.
In order for the order to be validated, the customer must accept, by clicking in the indicated place, the present general conditions. They must also choose the address and delivery method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the customer confirmation of acceptance of the order by e-mail;
- and after receipt of the full price by the seller.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problems with the customer's account, the seller reserves the right to block the customer's order until the problem is resolved.
The cancellation of the order for this Product and its possible reimbursement will then be carried out, the rest of the order remaining firm and definitive in the event of a multiple order.
For any question relating to the follow-up of an order, the customer must call 06 08 18 60 07, between 8am and 7pm, excluding Sundays and public holidays (cost of a local call).
Article 5 - Description of the ordering process
5.1 Prior creation of an account by the customer
Placing an order on the site requires the customer to fill in a form on the site and to validate the present general conditions of sale.
At the time of placing an order, the customer is asked to provide accurate and truthful information about their situation.
He/she must update his/her data with each new order.
If the customer fails to provide a valid e-mail address and a valid telephone number, orders cannot be honoured by the seller.
The seller reserves the right to refuse or invalidate the registration of a customer whose information proves to be inaccurate or if the customer lacks the legal capacity to place an order.
The creation of an account by the customer implies the choice by the latter of a confidential password to access his account in order to place orders on the site.
This password is personal and confidential.
However, the customer can modify it online from his account.
Any access to the customer's account using the customer's password is deemed to have been made by the customer.
The seller shall in no event be liable for any fraudulent or abnormal use of the customer's password and/or account, and the seller reserves the right to temporarily suspend access to the customer's account in the event that such use is detected.
The seller also reserves the right to use the customer's password exclusively for the technical maintenance of the site.
The seller guarantees in its conditions the permanent maintenance of the confidentiality of the customer's password.
5.2 The actual ordering process
The contractual information, as well as the details of the order, are the subject of a detailed summary before the final validation of the order.
The validation click carried out at the end of the ordering process for the products on the site formalises the confirmation of the order and constitutes irrevocable acceptance of these general terms of sale.
The click of validation is worth definitive consent to contract with Emmanuelle VIDAL GALERIE, for the selected products subject to the exercise of the right of retractation reserved to the customer as aimed at the article 15 of the present.
After having validated his/her order on the site, the customer will receive an e-mail from the seller accepting the order, containing the elements of the order. It is therefore imperative that the customer be particularly vigilant when filling in their e-mail address.
This electronic mail will constitute the acceptance by Emmanuelle VIDAL GALERIE of the order and will thus form the sale contract between the customer and Emmanuelle VIDAL GALERIE.
This acceptance will contain all the elements constituting the order placed by the customer (products, price, deadline, place of delivery, payment terms, shipping method and costs).
5.3 - Electronic signature
Any order form signed by the customer by the validation click of the order constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in the present general conditions of sale, such as the right of withdrawal or the shortage of stock.
This electronic signature has the same value between the parties as a handwritten signature.
Article 6 - Order confirmation
The seller shall send the customer an e-mail summarising the order, as referred to in Article 5.
Article 7 - Proof of the transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible and any imperfections are also indicated.
The photographs of the products are very close to reality but there may be slight differences in colour between the photographs and the actual colours of the products. The customer is informed and accepts this. The seller cannot be held responsible for these differences.
The photographs of the products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros, and include transport costs for all deliveries in mainland France.
Apart from delivery in Metropolitan France, prices do not take into account delivery costs, which are invoiced in addition and indicated on a quote before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The payment of the totality of the price must be carried out at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
The price is payable in full and in one instalment when ordering by bank transfer or credit card.
Article 10 - Method of payment
This is an order with a payment obligation, which means that the placing of the order implies payment by the customer at the time of the order.
To pay for his order, the customer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The customer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
For verification purposes, the customer may be asked to send a copy of an identity document and proof of address to the seller by fax or e-mail. The order will only be validated after the seller has received and verified the documents sent.
The payment of the price is to be made in cash at the time of ordering, according to the following methods: bank transfer or credit card.
Payments made by the customer shall not be considered final until the seller has actually received the sums due.
Article 11 - Availability of products - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below.
For deliveries in Metropolitan France, the maximum delivery time is 30 working days from the day after the customer's order has been validated by the seller and after validation of payment. For deliveries outside mainland France, delivery times and prices will be validated on the basis of an estimate depending on the place of delivery and the characteristics of the products.
In the event of non-compliance with the agreed delivery date or delivery period, the customer shall, before rescinding the contract, require the seller to perform the contract within a reasonable additional period.
In the event of failure to perform within this new period, the client may freely cancel the contract.
The customer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The customer may, however, immediately withdraw from the contract if the dates or deadlines mentioned above are an essential condition of the contract, in which case he should have specified this in his order.
In this case, when the contract is terminated, the seller is obliged to reimburse the customer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
The seller may defer reimbursement until the goods have been recovered or the customer has provided proof of shipment of the goods, whichever is earlier.
In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's bank.
The means of transport vary according to the place of delivery and the size of the product.
The ordered products are delivered according to the following methods: Colissimo with tracking or by an independent carrier depending on the size and weight of the products ordered and at the sole initiative of the seller.
No delivery is made to a poste restante or post office box. The products are delivered to the address indicated by the customer on the order form, the customer must ensure that it is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.
If at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out when the customer, or a person authorised by him, has signed the delivery note.
The customer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the article(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, they must be requested from the seller within 7 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The customer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, concerning any error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the customer's option:
- telephone number: 06 08 18 60 07
- e-mail address: email@example.com
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the customer.
Upon receipt of the complaint, the seller will inform the customer by e-mail of the terms of exchange or refund.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the address previously communicated by e-mail.
The costs of return and packaging are at the buyer's expense and cannot be reimbursed under any circumstances.
Article 14 - Product warranty
14.1 Legal guarantee of conformity and legal guarantee against hidden defects
Emmanuelle VIDAL GALERIE is guarantor of the conformity of the goods to the contract allowing the customer to formulate a request under the legal guarantee of conformity envisaged in articles L 217-4 and following of the Code of the Consumption or the guarantee of the defects of the sold thing within the meaning of article 1641 and following of the Civil code.
14.2 Exclusion of warranty
The products are not covered by any conventional warranty.
Product defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products are not covered.
As the products are second-hand products, they may have defects which are expressly specified in the technical description of the product on the website, so that damage to the product which is specifically mentioned in the product data sheet is not covered.
It is reminded that the products sold are second-hand products that do not comply with the current standards in force, which the customer expressly accepts.
Article 15 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 14 days of the notification to the seller of the customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be marketed in the same condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website on the withdrawal tab. In this case, an acknowledgement of receipt on a durable medium will be sent to the customer immediately. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs will be refunded.
The customer is responsible for the costs of returning the goods.
The refund will be made within 14 days of the seller's receipt of the products returned by the customer in accordance with the above conditions.
Article 16 - Force majeure
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 18 - Data protection
The personal data provided by the customer is necessary for the processing of the order and the preparation of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right can be exercised under the conditions and according to the methods defined on the EMMANUELLE VIDAL GALERIE website.
Article 19 - Protection of personal data
19.1 Collection of personal data
The personal data that is collected on this site (or "Platform") is as follows:
19.1.1 Opening an account
When the user's account is created, the user's name, first name, e-mail address, delivery address and date of birth.
When the user connects to the Platform, the Platform records, in particular, the user's name, first name, connection data, usage data, location data and payment data.
The use of the services provided on the Platform allows you to fill in a profile, which may include an address and a telephone number.
When paying for products and services offered on the Platform, the Platform records financial data relating to the user's bank account or credit card.
Where the Platform is used to communicate with other members, data relating to the user's communications is stored temporarily.
Cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
19.2 Use of personal data
The personal data collected from customers is used to provide and improve the Platform's products and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the Platform by the customer ;
- management of the operation and optimisation of the Platform;
- organisation of the conditions of use of the Payment Services ;
- verification, identification and authentication of the data transmitted by the customer ;
- offer the customer the possibility to communicate with other users of the Platform;
- implementation of customer support ;
- management of possible disputes with clients;
- sending commercial and advertising information, according to the customer's preferences.
19.3 Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the customer uses the payment services, for the implementation of these services, the Platform is in relation with third party banking and financial companies with which it has contracts;
- when the customer publishes publicly available information in the open comment areas of the Platform;
- when the customer authorises a third party's website to access his/her data;
- when the Platform uses the services of service providers to provide customer support, advertising and payment services. These service providers have limited access to customer data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;
- if required by law, the Platform may transmit data to pursue claims against the Platform and to comply with administrative and judicial proceedings;
- if the Platform is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, customers will be informed before personal data is transferred to a third party.
19.4 Transfer of personal data
Due to the organisation of the company responsible for the Platform, within an international group, the user authorises the Platform to transfer, store and process his/her information in the United States. The laws in force in this country may differ from the laws applicable in the user's place of residence in the European Union. By using the Platform, the user consents to the transfer of his/her personal data to the United States.
The Platform remains responsible for personal data that is shared with third parties under the Privacy Shield.
The Platform complies with the rules of the Privacy Shield, a data protection shield between the European Union and the United States, as formulated by the U.S. Department of Commerce regarding the collection, use and retention of personal data transferred to the United States from the European Union. The Platform has represented to the U.S. Department of Commerce that it adheres to the Privacy Shield principles. In the event of a conflict between the terms of the clause and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.
19.5 Security and confidentiality
The Platform implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.
19.6 Enforcement of customer rights
In accordance with the regulations applicable to personal data, users have the following rights:
- They can update or delete their data by logging into their account and configuring their account settings;
- they can delete their account, by writing to the following email address: firstname.lastname@example.org. Please note that information shared with other users, such as forum postings, may remain publicly visible on the Platform even after their account has been deleted;
- they may exercise their right of access, in order to know the personal data concerning them, by writing to the following e-mail address: email@example.com. In this case, before exercising this right, the Platform may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the Platform is inaccurate, they may request that the information be updated, by writing to the following email address: firstname.lastname@example.org;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: email@example.com.
19.7 Evolution of this clause
Article 21 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.
Article 22 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 23 - Language of the contract - Title
The present general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
Article 24 - Mediation
The customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 25 - Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.