TERMS AND CONDITIONS
The personal data treated by our gallery is stored on a secure electronic document and handled with the utmost discretion by Cahiers d’Art. Should you have any question about your right to consult, modify or remove any or all of the information you have provided please email us at email@example.com, or through post enclosing a copy of an ID document to: 14 rue du Dragon 75006 Paris.
The following terms and conditions set out the conditions relating to any sale submitted on CAHIERS D’ART’s website www.cahiersdart.com.
To purchase online predicates prior consultation of these terms and conditions and implies full and irrevocable acceptance by the CUSTOMER.
Art. 1 – Identification of Editions Cahiers d’Art
Limited Liability Company, whose headquarters is at 14 rue du Dragon 75006 Paris. SIRET identification number: 44006228900010
Intra-Community VAT identification number: FR 01440062289
Shall the Client have any questions, he may contact the Customer Service at the following address: firstname.lastname@example.org
Tel: +33 1 4548 7673 from 10:00 am to 7:00 pm. From Monday to Friday.
Art. 2 – Acceptance of the Terms and Conditions
The purpose of the following Terms and Conditions is to define the parties’ rights and obligations in connection with the online sale of goods offered by CAHIERS D’ART.
The CUSTOMER acknowledges to have taken full notice of the present Terms and Conditions at the time of the order confirmation. All confirmation of the order implies acceptance of these terms, without exception.
CAHIERS D’ART reserves the right to amend or modify at any time the present Terms and Conditions. In such event, shall be implemented to each order the Terms and Conditions in force at the day of the order placement.
Art. 3 – Price
The price of the products is indicated in Euros inclusive of all taxes (VAT and other taxes, such as taxes on videograms) excluding handling and shipping costs. All credit cards will be debited in Euros.
The books are priced in strict accordance with the Lang law (n°81-766 of August, 10th 1987); As for the subscriptions, CAHIERS D’ART reserves the right to modify the subscription cost in the event of expenses increase.
If the order is to be sent to a country other than mainland France, the CUSTOMER is considered as the importer of the relevant products. For any products shipped out of the European Union and the overseas departments and territories of France, custom duties, other local taxes, import duties or State taxes are likely to be chargeable. These duties are borne by the CUSTOMER and are under his full responsibility in terms of both declaration and payment to the competent authority of the importing country.
The CLIENT is recommended to take local advice on these matters from the authorities of the importing country.All orders, regardless of origin, are to be paid in Euros.
CAHIERS D’ART reserves the right to modify the prices at any time but the goods shall be charged on the basis of the rates in force at the time of the order placement.
The total cost of the order is the final price in Euros inclusive of all taxes, including handling and shipping fees. It is mentioned on the order confirmation e-mail..
The products remain the property of CAHIERS D’ART until full payment of the price by the CUSTOMER.
Art. 4 – Order
A subscription to CAHIERS D’ART revues depends not on duration but on a predetermined number of issues.
The CUSTOMER by taking out a subscription agrees to pay for and take delivery of a given number of issues.
The CUSTOMER places his order for one or more goods offered online for sale.
The online placement of order procedure consists of:
- Preparing the shopping cart
- Summary of the order and identification
- Selecting the delivery and invoice address
- Selecting the delivery method
- Validating the order and payment
All confirmed orders by the CUSTOMER implies irrevocable acceptance which can only be challenged on the grounds of article 9 and 10 of the present Terms and Conditions.
The contractual information will be confirmed via e-mail specifying the following points:
- Date and time of the order
- The basic features of the goods ordered
- Order number
- Total cost of the order and the payment method chosen by the CUSTOMER
- Shipping method chosen by the CUSTOMER along with the shipping fees
- Delivery date
- Information on the after-sales service and the email of the Customer Service to who the CUSTOMER shall address his claims
- Reminder of the conditions and detailed arrangements for the exercise of the right of withdrawal,Headquarters’ address of CAHIERS D’ART and its SIRET number
CAHIERS D’ART reserves the right not to process with the order:
- If the information provided by the bank responsible for the order payment indicates an inability to proceed with the chosen payment method.
- If there is a legitimate ground as provided by article L122-1 of the French Consumer Code
Art. 5 – Availability
Our offers and prices are valid as long as they appear on the website, within the limits of available stock.
For products, which are not stored in warehouses, the offers are valid subject to their availability at the suppliers. In such event, information on the availability of the product is given by CAHIERS D’ART to the CUSTOMER at the time of the order placement. However, errors or modifications could exceptionally occur. If the unavailability of the product should happen to be definitive after the order placement, CAHIERS D’ART shall inform the CUSTOMER through email.
The order is automatically cancelled and CAHIERS D’ART undertakes to reimburse the CUSTOMER within sixty days as from the date of payment.
Art. 6 – Delivery
The products are delivered to the address notified by the CUSTOMER on the order form, duly completed according to article 4 here above. The CUSTOMER agrees that CAHIERS D’ART will not be responsible for failure to deliver the magazines if the CUSTOMER has communicated an incorrect address.
If the products are to be delivered at separate dates given their availability, CAHIERS D’ART reserves the right to split the consignment. In this event, the contribution to handling and shipping costs is charged for one shipment only.
As for the subscription, the revues shall be delivered once released and after payment by the CLIENT.
In case of delay in shipment, an email will be sent to the CUSTOMER.
In any event, pursuant to the legal provisions, if a delay of more than 7 days should occur, the CUSTOMER is entitled to cancel his order within sixty working days. If the product has been received after cancellation by the CUSTOMER, CAHIERS D’ART will reimburse upon receiving the article(s) in total and in its original state and on the basis of documentary evidence provided by the Post Office.
The CUSTOMER shall attach an explanation for their demand of a refund of fees.
The CUSTOMER must notify the carrier and CAHIERS D’ART of any concerns relating to the sent article(s) (damaged package, opened parcel…). Such event allows the CUSTOMER to receive a full refund or exchange the delivered product in accordance with article 10 hereafter.
The CUSTOMER commits himself to taking delivery of the ordered product at the delivery address as featured on the confirmation order e-mail.
CAHIERS D’ART will not be held liable for non delivery in the following circumstances:
- (i) where there is a failure to pay
- (ii) where such delay or failure is due to a case of force majeure
A delay in delivery does not entitle the CUSTOMER to cancel the contract or to refuse the revues.
Art. 7 – Payment
Payment online is to be made by credit card:
- American Express
- Visa, MasterCard
In the area provided for this purpose, the CUSTOMER must enter the credit card number (ensuring he leaves no space between each figure), the expiry date and the CVV number.
The credit card number appears in its entirety at the time it is entered but on the CUSTOMER’s account, only the last five figures shall be visible, the rest being concealed for security matters.
The CVV is the number at the back of the credit card if it has been issued after 2001. It reinforces the security of online payments.
Payment is to be made in Euros. The credit card is debited at the time of transaction.
A delivery slip accompanies the parcel.
If payment is denied, the order is automatically cancelled.
It is recommended that the CLIENT prints the transaction proof which shall appear on screen after actual payment of the order.
Art. 8 – Security
CAHIERS D’ART has implemented security measures designed to ensure confidentiality and to secure personal information given by the CUSTOMER.
To this end, CAHIERS D’ART uses the SSL encryption system and reinforces all the jamming (or scrambling?) and encryption in order to protect as efficiently as possible all the sensitive data linked to the means of payment.
However, CAHIERS D’ART cannot guarantee that unauthorized third parties will never be able to defeat those measures or use the personal information for improper purposes. The CUSTOMER acknowledges that he provides personal information at his own risk.
Art. 9 – Right of withdrawal
In accordance with the legal provisions, the CUSTOMER has 7 working days, from the date of receipt, to return at his expenses the unwanted article without having to justify his motives or to pay penalties.
By using his right of withdrawal within the above deadline, the CUSTOMER shall be reimbursed of the priced of the products along with the shipping fees, the return fees remaining at his expenses.
Returns are to be sent to:Editions Cahiers d’Art, 14 rue du Dragon, 75006 PARIS, France.Please note: “Return” on the package.The goods need to be returned in their original packaging, in perfect condition, along with a copy of the delivery slip and all the possible accessories, instructions on using and documentation, etc. enabling their resale. All incomplete, damaged, altered or dirtied items by the CUSTOMER will not be taken back.
As for the subscriptions, where a given number of magazines is advertised, cancellations are not permitted, CAHIERS D’ART will not issue a refund, except at its sole discretion.
The subscriptions, renewable by tacit agreement, can be cancelled at any time once the last issue that has been ordered is published. But during that initial period, cancellations are not permitted outside of the Withdrawal period, except in cases where just cause is given by the CUSTOMER and in these cases only at the sold discretion of CAHIERS D’ART.
If the CUSTOMER uses his right of withdrawal, CAHIERS D’ART undertakes to reimburse the CUSTOMER of the above amount within sixty days, the latest, from the date he used this right.
Should you wish to cancel after the minimum term, please contact our customer service in writing:
Editions Cahiers d’Art
14 rue du Dragon
75006 Paris, France
In accordance with the laws in force, the right of withdrawal cannot be exercised for magazines and unsealed goods.
Art. 10 – Refund
The refund as exposed in article 9 are issued within sixty days from the date the CUSTOMER uses his right of withdrawal.
CAHIERS D’ART will refund the cost of the revues not yet issued at the time the CUSTOMER notified his wish to cancel.
Credit Card Refunds: please note that all credit card refunds will be issued in Euros.
Art. 11 – Legal warranty – Conformity of the product
In accordance with legal provisions, products delivered are covered by the warranty of conformity and the legal warranty against hidden defects stemming from a production defect affecting the product and making it unsuitable for use.
It is specified to the CUSTOMER that:
All legal warranty is excluded in case of misuse, negligence or failure to perform required maintenance by the CUSTOMER, such as normal wear, accident, reasons attributable to the CUSTOMER or even force majeure as defined in Article 14 hereunder;
All warranty shall be limited to replacement or refund of the non compliant product or product affected by non-conformity or defect;
In order to enforce his rights, the CUSTOMER shall, under penalty of forfeiture of all action, inform CAHIERS D’ART in writing about the reasons of the complaint within a short period of time as from the discovery of the defect (in any event, noncompliance cannot be invoked beyond two years time as from the date of delivery of the product);
No product shall give rise to an exchange or refund without the consent of CAHIERS D’ART and before being returned (in its package) by the CUSTOMER to the address mentioned at Article 1 hereby.
Shipping fees are refunded to the CUSTOMER based on the rate charged.
Art. 12 – Storage of Personal Information
Computerised records stored in CAHIERS D’ART’s system with reasonable conditions of safety will be considered as an evidence of the sale’s contract, its date, orders and payments that has taken place between the parties.
Orders and invoices are recorded on reliable and sustainable media so as to serve a faithful copy, in accordance with article 1348 of the French Civil Code.
The CUSTOMER can access the archive of his order and his invoice on simple request made to the Customer Service, together with an identity proof.
Art. 13 – Intellectual Property
Any texts, commentary, works, illustrations, images and others reproduced on the website are protected by author’s right. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorised subject to differing or more restrictive provisions of the Intellectual Property Code.
Any copy or representation, in full or partially of the site or of all or some of the elements found on the site is strictly forbidden.
Some products such as software are subject to rights of personal and specific use regulating the copies, public distributions and rentals.The CUSTOMER undertakes to respect the terms and conditions of these products. CAHIERS D’ART may not be held liable of the use which could be done of the product on this occasion.
Art. 14 – Liability
CAHIERS D’ART will not be held liable for breach of contract in the event of (i) magazines’ unavailability, (ii) unforseeable circumstances or (iii) force majeure.
CAHIERS D’ART’s liability, in the event of magazines being lost in dispatch, shall at its discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issue.
The products offered are in compliance with the French legislation in force. CAHIERS D’ART shall not be held liable for failure to comply with the legislation of the country where the goods are delivered (ex. In case the title of a book should be forbidden). It is up to the CUSTOMER to check near the local authorities about the possibilities to import or use the products or services he intends to order.
The pictures of the products are provided by way of illustration. CAHIERS D’ART suggests the CUSTOMER to refer to the description of each product in order to know the particular characteristics. If in doubt or if the CUSTOMER requires additional information, he can contact the Customer Service. In case of discrepancies between the picture eventually accompanying the description and the description of the product, the latter is of superior value to determine the content of the offer.
In accordance with the regulations in force, CAHIERS D’ART is not liable in situation where the non execution of the order is attributable to the CUSTOMER, to an unforeseeable and unavoidable act of a third party or in case of force majeure as defined in article 14 hereunder.
Equally, CAHIERS D’ART’s liability may not be invoked in the event of damage or inconvenience inherent to the use of the Internet network, namely service interruption, outside intrusion, IT virus.
To the extent permitted by law CAHIERS D’ART excludes all other liability to the CUSTOMER.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
Art. 15 – Force Majeure
Neither of the parties can be held liable for any non-fulfilment of the contractually agreed terms due to a case of force majeure.
Without it being limited, is held to be a case of force majeure, besides those usually considered as such by the French Courts:
- Exceptional adverse weathers and natural disasters, epidemics and pandemics
- Full strikes and staff strikes
- Threat of attacks, sabotage, terrorists threats and acts
- Dramatic political events, national grief
- Measures taken on ground of public policy or public security
- Shut-down initiated by the government.
Art. 16 – Protection of personal data. Right of access to files.
The information and data about the CUSTOMER are necessary for the management of the order and the business relations between the parties.
The gathered personal data are processed by CAHIERS D’ART in compliance with the legal provisions regarding the protection of personal data as provided by the Law “Informatique et Liberté” (law n°78-17 of the 6th of January 1978).
The CUSTOMER is informed that this authorised processing of information has been declared to the CNIL.
The CUSTOMER has at all time a right to access, modify, rectify and delete personal data concerning him/her. He may exercise this right by sending a mail to that end to CAHIERS D’ART to which he shall join a proof of identity (a copy of an ID card) and if possible his customer’s reference. The mail shall be sent to the following address:
Editions Cahiers d’Art
14 rue du Dragon
75006 PARIS, France
CAHIERS D’ART undertakes not to disclose to a third party the information given by the CUSTOMER excepting the companies in charge of carrying out the services and orders for reason of their management, execution, handling and payment. The information are only used for the handling of the order
Art. 17 – Cookies
Art. 18 – Entirety of the Terms and Conditions
The parties acknowledge that the present Terms and Conditions constitute the entire agreement between them.
Should any provision of this agreement, for whatever reason, prove to be unenforceable, it shall be deemed to be unwritten without nevertheless leading the present Terms and Conditions to nullity or altering the validity of its other provisions.
Art. 19 – Settlement of disputes
These Terms and Conditions shall be governed by the laws of France. In the event of a dispute, an amicable settlement shall be sought before any legal action.
All action shall be brought before the French Courts.