General terms and conditions of sale

Carole Chapuis, painter, produces, reproduces and sells its own works of art and guarantees the authenticity of its original works or those reproduced by its services or by a duly mandated third party. The signatures of the work and the certificate of authenticity, which must accompany it, are proof of this. It is agreed in all cases that the artist remains entirely and unconditionally the owner of all his copyright.
The artist wishes to protect the integrity and clarity of his ideas and conceptions regarding his work and that, to this end, any wishes and opinions he may express will be taken into account.
No sale or order will be confirmed without reading and accepting this agreement.

1 Preamble
These general terms and conditions of sale govern the contractual relationship between the website www.carolechapuis.com represented by CAROLE CHAPUIS and its customer (the buyer).
Accepting an order implies the customer’s full and unconditional acceptance of these general terms and conditions of sale.

The customer declares that he/she is at least 18 years of age and has the legal capacity or holds parental or guardian authorization to carry out a transaction on the “www.carolechapuis.com” website. He recognizes to have taken knowledge of the General terms and conditions of sale at the time of placing his order and declares to accept them without reserve.

2. Orders
Any order form signed by the Customer by the “validation click” constitutes an irrevocable acceptance of the customer. The invoice acting as a guarantee voucher has a decreasing hierarchical legal value. The “validation click” of the order constitutes an electronic signature which gives value, between the parties, of handwritten signature.
The conclusion of the contract occurs only at the time of the confirmation of the order sent by e-mail by our site. This confirmation of order will contain the whole of the elements constituting the contract (ordered products, prices, delivery periods, forwarding costs.) This confirmation by email means the acceptance of the order and the mode of payment by the site ” www.carolechapuis.com “. The salesman reserves the possibility of not confirming an order for some reason that it is, holding in particular either with a problem of supply of products or manufacture, or with a problem concerning the received order.
The work and the deadlines will begin upon receipt of the full amount of the order.
The seller reserves the right to cancel any order placed by a customer with a previous payment dispute.
The information communicated by the customer during the taking of order engages this one. In the event of error in the coordinates of the recipient, or of incomplete address, www.carolechapuis.com could not be held responsible for the impossibility of delivering the ordered products.

3. Prices
The prices indicated are in euros and are VAT included. The amount invoiced for each order includes the price of materials and labor.
The customer acknowledges having read the prices indicated in the section “Ordering custom-made portraits” and “work for sale”. They can be modified without notice.
Invoices are issued in accordance with the rates in effect at the time of the order; these same rates will also have been previously accepted by the customer upon confirmation of the order.

4. Payment:
Payment is made when the order is taken:
– Either online by Paypal® 
– Or by credit card
These payment terms do not include any late payment penalties.
Pursuant to Law 80-335 of May 12, 1980, the items ordered shall remain the property of CAROLE CHAPUIS until full payment is received.

5. Time of completion
Depending on the size of the order and the number of orders in progress, lead times vary from an average of 2 to 3 weeks of production. They are given as an indication and without guarantee. However, the deadlines will be specified to you at the time of the reception of your order. A delay will not give rise to any compensation.

6. Realization of the work :
As soon as the total amount of the order is received, the production process begins. Once the portrait has been completed, CAROLE CHAPUIS will send a copy of the painting that conforms to the order (in low definition) by email to the client for validation. THE CUSTOMER may ask to make alterations or validate the portrait. If, for any reason whatsoever, the customer refuses the painting and invalidates the order, CAROLE CHAPUIS will refund 40% of the total price of the order and the remainder will be used to compensate for the cost of the labor and materials used.

7 – Delivery:
Upon validation of the painting by return e-mail from the customer, CAROLE CHAPUIS will proceed with the shipment of the ordered items within a maximum of 72 working hours to the address provided by the customer.
An e-mail will be sent to the customer informing them of the shipment of their order and a tracking number will be provided at that time.

Any delays shall not entitle the customer to claim damages.

Under no circumstances shall the seller be held responsible for any loss or damage caused by the postal services.
If nevertheless the contents of the parcel arrive damaged or if the parcel is lost, the seller undertakes, once compensated by the post office for the amount of the insurance taken out, to redo the drawing(s), and to send them back to the customer at his expense, as far as possible. To obtain the refund by the post office in the event of degradation, it is required of the customer to prove this degradation to the post office and to the salesman (checking of the parcel in the presence of the factor).

War, riots, fire, strikes, accidents and the inability to obtain supplies are considered to be cases of force majeure that relieve  CAROLE CHAPUIS of its obligation to deliver.

8. The guarantee
The right of withdrawal can not be exercised for contracts for the supply of goods made or clearly personalized, the customer buying a product to CAROLE CHAPUIS will not be able to avail itself of any right of withdrawal.
The seller guarantees that the product delivered is in accordance with the order.

The sold products profit from the legal guarantee against the hidden defects envisaged by articles 1641 and following of the civil code. In any case, each realization being carried out in an artistic way in single part, it could not be exchanged or refunded under pretext of a nonconformity visual. As for the colors, the photos are corrected to reflect the real colors as well as possible, but they may nevertheless include minor differences in hue with reality. The buyer agrees to accept these tonal differences.

9. Computer problem
The customer is aware of the characteristics of the internet computer network and in particular the possibility of link interruption, breakdown, electrical or other problems. The seller cannot be held responsible.

10. Disputes
In the event of a dispute, the customer shall send a written request to  CAROLE CHAPUIS to obtain an amicable solution.

The seller’s liability is limited to the repair or replacement of the product. Its value shall be limited to that of the product at the date of sale.

11. Legal information
The information of the personal information collected for the purposes of the remote sale is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. Failure to provide this information will result in the non-validation of the order.

In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).

The customer has (Article 34 of the Act of January 6, 1978) a right to access, modify, rectify and delete data concerning him, he can exercise with CATHYDUCULTY-PORTRAITISTE.FR.

12.rights and ownership of works :

All the elements of the site ” www.carolechapuis.com “, all the texts, all the literary, graphic, photographic data, and works presented on the site are protected by the royalties and the intellectual property.
Unless formal written authorization is given, the reproduction as well as any use of the works, other than individual and private consultation, are prohibited.

An artist retains all rights to reproduce his works.
Any incident of payment cancels de facto the sale and authorizes  CAROLE CHAPUIS to dispose of the work in full ownership, including advertising, and publication on the Internet.

The seller reserves the right to ask the customer’s permission to put a copy of the product sold to him, in the Gallery of the site named above. The customer retains the right to change his mind and to request by e-mail that it be removed.

All orders placed with the seller are intended for the personal use of the customers; the customers or the recipients of the products thus prohibit any partial or total resale of the products.
Any reproduction, representation, use or modification, by any means whatsoever and on any medium whatsoever, of all or part of a creation, without having obtained the prior authorization of  CAROLE CHAPUIS is strictly prohibited and constitutes an infringement.