TERMS OF SALE
These General Conditions of Sale (hereinafter the “GTC”) are offered by Julien Montironi, Artist, whose registered office is at Rue Joseph Wauters 99, 6560 Grand-Reng (Belgium) (hereinafter “Julien Montironi” ).
Hereinafter we will designate:
– “Site”: the site https://julesatarax.com and all of its pages.
– “Products”: all the products (materials) that can be purchased on the Site.
– “Seller”: Julien Montironi, natural person, offering his Products on the Site.
– “Customer”: the Internet user, private or professional, making a purchase of Product (s) on the Site.
– “Consumer”: “any natural person who acts for purposes which do not fall within the framework of his commercial, industrial, craft or liberal activity”.
The Internet user visiting the Site and interested in the Products offered by the Seller is invited to carefully read these GTC, print them and / or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T & Cs and accepts them fully and without reservation.
Article 1 – Application of the GTC and purpose of the Site
The Seller reserves the right to modify the T & Cs at any time by publishing a new version of them on the Site. The GTCs applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter hereof. Site.
This Site offers the online sale of paintings (paintings, original works), posters, books.
The Site is free and open to all Customers. The acquisition of a Product supposes the acceptance, by the Customer, of the entirety of these GTC, which acknowledges by the same fact to have taken full knowledge of them. This acceptance may consist for example, for the Customer, of ticking the box corresponding to the acceptance sentence of these GTC, for example having the words “I acknowledge having read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
Acceptance of these T & Cs assumes that Customers have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
The Customer recognizes the evidential value of the Seller’s automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 2 – Creation of a customer account
At the end of the creation of a “customer account”, the Customer will be asked to provide a certain amount of personal information such as his name and first name, his email address, his postal address and his telephone number, this list not being not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore immediately notify the Seller in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined during registration and password). The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use strong passwords. If the password is forgotten, the Customer has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer therefore refrains from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer’s account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical failure or a case of force majeure, the Seller’s liability could not be engaged, this information having no probative value but only a informative. The pages relating to the customer account are freely printable by the Customer holder of the account in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No data recovery will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTCS (in particular and without this example being of any kind whatsoever, when the Customer has knowingly provided incorrect information, when registering and of the constitution of his personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.
Article 3 – Order subscription method and description of the purchasing process
The Products and Services offered are those which appear in the catalog published on the Site. These Products are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
The intangible object grouping together all the Products selected by the Site Customer for purchase by clicking on these elements will be defined below as “Basket”. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his “Basket”, the content of which can be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he must provide a certain number of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.
Once the Customer has completed the form, he will then be invited to make his payment using the means of payment listed in the section of these GTC relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 – Prices and payment terms
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros net to pay (VAT exemption according to article 56bis of the VAT Code) and excluding possible participation in the costs of processing and shipping.
Julien Montironi reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by Paypal, bank transfer, bank card. Payments by bank card are made by means of secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or the payment provider receiving payment from the Client. In the event of payment by bank transfer, the delivery times defined in the article “Deliveries” of these GTCS do not start to run until the date of effective receipt of payment by the Seller, the latter being able to provide proof thereof. by any means. The availability of the Products is indicated on the Site, in the description of each Product.
Julien Montironi will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 – Deliveries
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to to provide him with exact information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged merchandise. Failure to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.
If the Customer’s package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the postage costs for the new shipment. Postal charges must be paid even for orders for which the postage costs were offered at the time of the order.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product allows the withdrawal, according to article 47 of the Book VI of the Code of Economic Law), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from an awkwardness or a false maneuver on the part of the Customer cannot be attributed to the Seller.
Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of a date or time specified when ordering, greater than thirty (30) days from the date of the order. conclusion of the contract may result in the resolution of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not performed . The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 – Right of withdrawal and withdrawal form
Conformément à l’article 47 du Livre VI du Code de droit économique, et si le droit de rétractation est applicable, le Client Consommateur dispose d’un délai de quatorze (14) jours ouvrables à compter de la date de réception du Produit de sa commande ou de la conclusion du contrat pour les prestations de services, pour se rétracter. Il sera tenu de retourner tout Produit ne lui convenant pas et demander l’échange ou le remboursement sans pénalité, à l’exception des frais de retour, sous quatorze jours à compter de la réception par Julien Montironi de la demande de remboursement.
Le Produit devra obligatoirement être retourné en parfait état. Le cas échéant, il devra être accompagné de tous ses accessoires. Le Client Consommateur peut trouver ci-dessous un formulaire type de rétractation pour une commande passée sur le Site, à adresser à Julien Montironi. Il est entendu que le Client supportera les frais de renvoi du Produit en cas de rétractation, ainsi que le coût de renvoi du Produit si celui-ci, en raison de sa nature, ne peut normalement être renvoyé par la Poste.
Si les obligations précédentes ne sont pas effectuées, le Client perdra son droit de rétractation et le Produit lui sera retourné à ses frais.
Il est recommandé au Client d’effectuer le retour par une solution permettant un suivi du colis. Dans le cas contraire, si le colis retourné ne parvenait pas au Vendeur, il ne sera pas possible de lancer une enquête auprès des services postaux afin de leur demander de localiser ce dernier.
Le remboursement sera effectué en utilisant le même moyen de paiement que celui choisi par le Client pour la transaction initiale, sauf accord exprès du Client pour que le Vendeur utilise un autre mode de paiement, et dans la mesure où le remboursement n’occasionne pas de frais pour le Client.
Le Vendeur se réserve également le droit de différer le remboursement jusqu’à réception du Produit ou aussi longtemps que le Client n’aura pas démontré qu’il a fait l’expédition du Produit, si une telle démonstration n’a pas eu lieu précédemment.
En cas de dépréciation des Produits résultant de manipulations autres que celles nécessaires pour établir la nature, les caractéristiques et le bon fonctionnement du ou des Produit(s), la responsabilité du Client pourra être engagée.
Conformément à l’article 47 du Livre VI du Code de droit économique, le Client Consommateur peut trouver ci-dessous un formulaire type de rétractation pour une commande passée sur le site :
Formulaire de rétractation
(Veuillez compléter et renvoyer le présent formulaire uniquement si vous souhaitez vous rétracter du contrat.)
À l’attention de Julien Montironi Artiste, Rue Joseph Wauters 99, 6560, Grand-Reng (Belgique)
Je/nous (*) vous notifie/notifions (*) par la présente ma/notre (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Client (s):
Address of Client (s):
Signature of Client (s) (only if this form is notified on paper):
(*) Cross out the unnecessary mention.
Article 7 – Product Guarantee
All items acquired on this site benefit from the following legal guarantees, provided for by articles 1641 and following of the Civil Code.
Guarantee all customers
The seller is required to deliver goods in conformity with the contract and to respond to any lack of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller is liable for any defect of conformity which becomes visible within two years from this date.
When the defect has appeared within 6 months of this date, it is presumed to have been present upon delivery of the goods. On the other hand, after this 6-month period, it will be up to the customer to
prove that the defect actually existed at the time of taking possession of the property.
Legal guarantee against hidden defects
The Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have purchased it from a third party. such price if he had known the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site. The return shipping costs of the goods are the responsibility of the buyer.
In the event of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If the Product cannot be exchanged (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.
Article 8 – Customer service
Customer service for this Site is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notices.
Julien Montironi also provides his Customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be reached by telephone on +32 483 31 29 22 (number not surcharged).
Article 9 – Responsibility
The Seller Julien Montironi cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damage or costs, which may occur.
The choice and the purchase of a Product are placed under the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller’s liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product allows the withdrawal, according to article 47 of the Book VI of the Code of Economic Law.
The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Julien Montironi can in no way be held responsible:
– any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
– a malfunction, unavailability of access, improper use, improper configuration of the Customer’s computer, or even the use of a browser little used by the Customer;
– the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.
Article 10 – Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any Customer who is found guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the Seller or its agent.
Article 11 – Independence of clauses
If any provision of the T & Cs is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.
These present GTC replace all prior or contemporary written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these T & Cs must be written in the English language.
Article 12 – Applicable law and mediation
These general conditions are subject to the application of Belgian law. They can be modified at any time by the site editor or his agent. General conditions
applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them. Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided by public order, any legal action relating to the execution of the
this contract must be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal referred to Consumer mediation In accordance with Book XVI of the Code of Economic Law, Julien Montironi Artist offers his private clients, in the context of disputes which have not found an amicable resolution, the Consumer Mediation Service, whose contact details are as follows: Consumer Mediation Service – Boulevard du Roi Albert II 8, 1000 Brussels (Belgium) – Tel. : +32 2 702 52 20- Fax: +32 2 808 71 29 – E-mail:
email@example.com – Site: https://mediationconsommateur.be. It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.
All rights reserved – March 8, 2021