Any order placed on the eshop-daliparis.com website (hereinafter referred to as "the Site") of the Espace Dali (hereinafter referred to as "the Seller") will be exclusively subject to the present general conditions of sale, which we advise you to read carefully. The act of placing an order implies that the present general conditions of sale have been consulted beforehand and are fully and irrevocably accepted. The Site, source code, texts, images and other elements of the Site are the exclusive property of the Seller. The entire contents of the Site are protected by copyright laws. Therefore, and in accordance with the provisions of the Intellectual Property Code, the Site may only be used for personal purposes. Otherwise, the offender runs the risk of prosecution in the relevant court of law.
Article 1: Acceptance of the present general conditions of sale
The present general conditions of sale (hereinafter referred to as "general conditions") define the rights and obligations of each party involved in the online sale of products proposed by the Seller on the Site. The Customer acknowledges being informed of the present general conditions when confirming the order. Any confirmation of an order implies acceptance of the general conditions without exception.
The Seller reserves the right to adapt or modify the present general conditions at any moment. In case of modification, the general conditions in force on the day the order is placed will be applied.
Article 2: Identification of the Seller
Historial de Montmartre S.A.S
11 Rue Poulbot - 75018 Paris - France
RCS B 303 252 795
Intra-community VAT number : FR 53303252795
Online Buying Customer Service :
E-mail : email@example.com
Tel : +33 1 42 64 65 15 / Mon.-Fri. 10:00-18:15.
Fax : +33 1 42 64 93 17
Article 3: Offer and availability of products
Products are available for purchase as long as they appear on the Site.
Products are offered for sale in following countries:
Albania, Algeria, Andorra, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Belarus , Belgium, Bolivia , Brazil, Bulgaria , Cambodia, Canada , Chile, China , Colombia, Cyprus, Costa Rica, Croatia, Cuba, Denmark, United Arab Emirates , Estonia , United States of America, Finland, France, Greece , Guadeloupe, French Guyana, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Korea ,Kuwait, Lebanon, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Morocco, Martinique , Mauritius, Mexico, Moldova, Monaco, Norway, New Caledonia, New Zealand , Netherlands, Peru, Poland, French Polynesia, Puerto Rico , Portugal, Reunion, United Kingdom, Russia, Saint Pierre and Miquelon, Saudi Arabia, Seychelles, Singapore, Slovakia , Slovenia, Sweden, South Africa, Switzerland, Taiwan , Czech Republic, Thailand, Tunisia , Turkey , Ukraine, Uruguay , Venezuela, Vietnam.
Article 4: Price of products and total cost of an order
4.1. Sale prices of products
The sale prices of products are those shown on the Site at the time of purchase. These sale prices are quoted inclusive of VAT, at the rate applicable on the day the order is placed, but do not include charges for gift wrapping or postage, which will both be added to the bill. Any change in the VAT rate will automatically affect the sale price of products. PLEASE NOTE: for delivery outside the European Union, the Customer must also pay customs duties and any other taxes due on products imported into the country of delivery.
4.2. Total amount due on an order
The total amount owing on the order is the final price indicated in euros, inclusive of tax, processing fees and postage. It reappears on the order confirmation sent by e-mail and on the e-invoice downloadable once the payment has been made or from the account opened by the Customer.
Article 5 : Placing an order
The Customer places an order for one or several products offered for sale on the Site. The procedure for placing an order online consists of the following stages: Shopping Cart / Identification / Address & Delivery information and costs / Confirmation / Payment.
Step1 - Shopping Cart : The Customer clicks on one of the items offered for sale on the Site. A detailed description of the selected product (size , material, photography) and its price appear. The Customer orders the selected product by clicking the button "Add to Cart ". Customer may complete his purchases by clicking on "Order" or continue the order by adding to his basket other(s) product(s) of his choice.
Step 2 - Identification : The customer creates a customer account or connects to his account by entering an email address and a password. The creation of the account implies the communication of information needed to process the order : name and surname of the Customer, postal address delivery and / or billing , telephone and e -mail address.
Step 3 - Address & Delivery information and costs : The informations given by the Customer, as well as information on possible ways of delivery, delays and costs involved, are displayed..
The Client becomes aware of these terms of sale, ensures that all information is correct (address , delivery address etc ...) and chooses his mode of delivery according to the specified delay and associated costs.
Step 4 - Confirmation : The summary listing of all those informations control is displayed on the "Summary of your order " page for control. The client checks the details of his order and correct any errors by clicking the "Previous step" button. He may indicate a promotional code in the "Coupon" section and click on "Recalculate" to update the total amount of the order.
Step 5 - Payment : By clicking on the payment method of his choice, the customer accesses the secure payment platform and can not make changes to his Order. The customer then takes the online payment of his order by typing his Card details ( numbers and expiry date of the card) and performing a final click.
If the bank concerned refuses to authorize payment, the order is automatically cancelled. Any order confirmed by the Customer on the "Confirmation" page constitutes an irrevocable acceptance which can only be challenged in the case outlined in Article 7 (exercising the "right of withdrawal") of the present general conditions.
Article 6 : Confirmation of order
Once the payment has been made, the Customer receives an e-mail confirming the order. The confirmation e-mail acknowledges the receipt of the order.
This confirmation emails contents following elements :
- Date and Time of the Order
- main specificities of the ordered item(s)
- order number
- total amount of the order and mean of payment chosen by the Customer,
- delivery service chosen by the customer, with corresponding delivry fees,
- Informations concerning after-sale service and its email
- Address of the seller and RCS identification.
This e-mail proves that the order has been placed and the Seller advises the Customer to keep it.
Article 7: Right of withdrawal
The Customer has a period of 14 (fourteen) working days in which to return the products, at his expense, if they fail to give complete satisfaction for any reason whatsoever.
If the Customer exercises the right of withdrawal, he will have the choice between asking Customer Service for a refund, excepting the charges for returning the item, and exchanging the product for another product of the same quality and value.
In order to do this, he or she will have to cut out and complete the customer return authorization at the bottom of the delivery slip attached to the parcel, and send it with the said product(s) in their original packaging in perfect condition to the following address:
HISTORIAL DE MONTMARTRE
11, RUE POULBOT
On receiving the said product(s), Customer Service will contact the Customer (by e-mail or telephone) to solve the problem indicated as soon as possible, at the latest 14 (fourteen) days after the date on which the right of withdrawal was exercised.
If a refund has been requested, the Seller undertakes to reimburse the Customer the total amount paid, excepting the charges for returning the item. This refund will be made by transfer on the credit card used by the Client, at the latest 14 days after the receipt of the product. In accordance with Article L. 120-20-2 of the Consumer Code, "the right to a refund cannot be exercised for video or audio recordings or for computer software opened by the Customer, and this also holds true for newspapers, periodicals and magazines."
Article 8: Secured payment
The secure payment system PAYBOX is used for online payments. The Seller thus guarantees the safety and confidentiality of Customers' bank account details relative to their means of payment. Customers' bank account details remain unknown to the Seller; only the total amount due and the order number are transferred to "PAYBOX". An invoice will be sent to the Customer for all orders placed online via the Site.
Article 9: Methods of payment - Payment - Invoice
9.1. Methods of payment
The Customer may choose to pay for his order via banker's card or credit card. The following cards are accepted: CARTE BLEUE / VISA / MASTERCARD. Payments are made exclusively in euros.
9.2. Payment process
The Customer guarantees the Seller that he is authorized to use the chosen method of payment. If the card used is refused by the payment centre, the order is automatically cancelled. The Customer is invited to print out proof of the transaction that will appear on the screen after payment of the order is completed.
The e-invoice can be downloaded by the Customer on returning to the Site after paying for the order. It is accessible to the Customer at any time when consulting his Customer Account.
Article 10 : Processing the order - Means of delivery
Items ordered are delivered on following conditions :
10.1 Order processing time
With the exception of public holidays, orders will be processed within 3 days after the order.
Available means of delivery
In France and Monaco - By Colissimo suivi France (delivery takes up to 24H)
In Europe - By Colissimo suivi Europe (delivery takes up to 3 to 5 days)
Available for following countries : Germany, Austria, Belgium, Danemark, Spain, Finland, Italy, Irland, Luxemburg, Netherlands, Portugal, UK, Sweden.
10.2 Shipping Costs
Shipping costs are calculated based on the weight of the items and the delivery zone. The Customer is hereby informed that several shipping costs can be applied to the same order, depending on the type of products ordered.
10.3 Order Tracking and Delivery
The Customer is informed of the dispatch of his order by e-mail containing a link to delivery tracking. The Customer undertakes to receive the products ordered at the delivery address featured on the order confirmation e-mail. The Customer must date and sign the delivery receipt presented by the carrier . This memorandum dated and signed constitutes evidence for transport and delivery.
PLEASE NOTE: If the addressee is absent and the package is not picked up within the time limit proposed by the carrier, the products will be returned to the Sender, who reserves the right to refund the price paid for the order, minus the delivery charges, which must be paid by the Customer.
10.4 Returns and Exchanges
The Customer has 15 days (from the date of delivery or package collection) to get a refund or to exchange the items if returned in good conditions. The Exchange address is mentioned on the delivery receipt :
HISTORIAL DE MONTMARTRE
11, RUE POULBOT
Returns and exchanges are not possible in the Bookshop.
Article 11 : Guarantees
In accordance with legal provisions, the products delivered are guaranteed both to meet norms of quality and against hidden defects originating from a fault in the material, design or manufacture, and affecting the product by making it unsuitable for use. PLEASE NOTE:
• any legal guarantee is excluded in the case of improper use, negligence or lack of maintenance on the Customer's behalf, as in the case of normal wear and tear of the product, or accident caused by the Customer, or in the case of force majeure, as defined in Article 13 of the general conditions.
• any guarantee is limited to the replacement of or reimbursement for product(s) not meeting standards or attesting to nonconformity or a defect;
• in order to assert his rights, the Customer has a period of 24 months to inform the Seller, in writing of the unsatisfactory condition or hidden defects of the product(s) delivered after discovering them. Otherwise, the Customer forfeits his right to any action relevant to his complaint.
• no product will be exchanged or refunded without the agreement of the Seller and before having been returned (preferably in its original packaging) by the Customer to the address mentioned in Article 2 of the general conditions.
Customer Service undertakes to exchange the relevant product(s), or reimburse the Customer in the last 14 days after the receipt of the product. Charges for returning the item and, if need be, dispatching the new product, will be paid by the Seller.
Article 12 : Responsibility
In no case will the Seller be held responsible if the Customer fails to fulfil his obligations, if a third party intervenes in an unforeseeable and insurmountable manner, or if a force majeure, as defined in Article 13 of the general conditions, comes into play.
Likewise, the Seller will not be held responsible for any inconvenience or damage inherent to Internet use, such as a system crash, hacking or the presence of a virus. The Seller, the owner of the Site, undertakes only to respect the legal and regulatory provisions in force in France. Hypertext links may direct the Customer to other websites than the Site.
The Seller disclaims all responsibility if the contents of these websites contravene the legal and regulatory provisions in force.
Article 13 : Force majeure
Neither the Seller nor the Customer will be held responsible for any non-fulfilment which may originate from an instance of force majeure.
Apart from those unforeseeable circumstances usually retained by the jurisprudence of French courts, this includes, but is not limited to, general or partial strikes, inside or outside the company, lockouts affecting means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer system breakdowns, blocking in telecommunication systems, including networks and the Internet.
Article 14 : Proof - Conservation - Data storage
Computerized registers, kept in the Seller's computer systems, in reasonably secure conditions, will be regarded as proof of the sales contract, its date, orders and payments made between the parties. Archival storage of orders and invoices is made on a reliable, lasting support equivalent to a true copy, in accordance with Article 1348 of France's Civil Code.
Article 15 : Protection of personal information
- Right of access to the file
The nominative information the Customer is asked to provide is needed to process and dispatch orders as well as to draw up delivery slips and invoices. The personal data collected is treated by the Seller with respect in accordance with the legal provisions concerning data privacy decreed by French Law no. 78-17 of 6 January 1978, known as "Information Technology and Freedom":
* the Customer is informed that the authorized data processing has been declared to the CNIL (Commission nationale de l'informatique et des libertés).
* the Customer is entitled at any time to access, modify, rectify and delete personal data relating to him. He may exercise this right by sending an explanatory letter to the Seller, together with proof of his identity (a photocopy of his passport or identity card) to the following address: HISTORIAL DE MONTMARTRE, BOUTIQUE DALI - 11, RUE POULBOT - 75018 PARIS - FRANCE.
When personal data is requested to process an order, the Customer may consent to allowing this data to be communicated to a third party, or to receive e-mails informing him about exhibitions, events, special offers from the museum boutique and new Musée Rodin publications. All he need do is fill in the relevant boxes. Subsequently, in accordance with current legislation, the Customer may at any moment be taken off the newsletter or third-party list by sending an e-mail to the following address: firstname.lastname@example.org
The Customer may also receive promotional offers at his postal address from our partner companies. If he does not wish to be sent such letters, he need only inform the Seller either by letter or e-mail, stating his surname, first name, postal address and customer account number.
Article 16 : Cookies
Article 17 : General conditions in their entirety
Both parties acknowledge that the present general conditions of sale constitute the entire agreement concluded between them. If, for any reason, one of the clauses of the present general conditions were to be declared inapplicable, it would be null and void, without rendering these general conditions void, nor altering the other provisions specified in the general conditions.
Article 18 : Dispute settlement
The present general conditions of sale, as well as any order placed by the Customer, are subject to French law. An amicable solution will be sought in any case of dispute before resorting to legal proceedings.
Last update: 1st December 2014