GENERAL TERMS AND CONDITIONS OF SALE
OVERVIEW / INTRODUCTION
Hybrid-Editions.com (hereinafter referred to as the “Company”, and the terms “we”, “us” and “our”) is an online retail store for the sale and purchase of limited-edition artworks, special print editions, books, editions of artist Prune Nourry.
SECTION 1 - SCOPE / CHAMP D'APPLICATION
These Terms and Conditions of Sale are applicable to all sales of the Company’s items performed remotely via the website of the Company identified by the domain name: http://www.hybrid-editions.com/ (hereinafter referred to as the “Site”): through orders placed by clients who are natural persons acting as consumers, for delivery to the same customers on their own behalf or for any third party of their choice as a consumer) ; through orders placed by legal entities for delivery to the same legal entities on their own behalf or for any third party of their choice, either a legal entity or a natural person acting as a consumer.
Please read these Terms and Conditions of Sale carefully before validating your order through payment. By validating the order, the customer/you agree to be bound by these Terms and Conditions of Sale. The Company reserves the right to update, change or replace any part of these Terms and Conditions of Sale by posting updates and/or changes to the website. It is the customer’s responsibility to check this page for changes before placing an order. The terms applicable to the order of an item by a customer will be those in force on the day of the order.
SECTION 2 - BUSINESS ENTITY / IDENTIFICATION DE L’AUTEUR DE L’OFFRE
Hybrid-Editions.com is owned and operated by French artist Prune Nourry “entrepreneur individuel” (sole proprietor). It is registered in France at INSEE, with a SIRET number 49458164800032, a VAT number FR0B494581648, an APE code 9003A, and an address at 60 boulevard Diderot, 75012 Paris, France.
SECTION 3 - INFORMATION ABOUT ITEMS AND LIMITATION OF LIABILITY / INFORMATIONS RELATIVES AUX ARTICLES ET LIMITATION DE RESPONSABILITÉ
The Company is not responsible if information made available on this site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete sources of information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The Company cannot be held responsible for any non-substantive errors that may occur.
The photographs and other reproductions of the items are only indicative and have no contractual value. We have made every effort to display as accurately as possible the colors and images of our artworks and products. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES / MODIFICATION DU SERVICE ET DES PRIX
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 5 - ONLINE STORE & PLACING THE ORDER TERMS / CONDITIONS DE LA COMMANDE DES ARTICLES ONLINE
To place an order on the Site, the customer must be at least the age of majority in his/her state or province of residence, or have the consent of their legal guardian, and/or have the legal capacity and hold a payment method. Customer may not use Hybrid Editions products for any illegal or unauthorized purpose. Customer may not, in the use of the service, violate any laws in his/her jurisdiction (including but not limited to copyright laws). Customer not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Orders will be accepted within the limits of available stocks. The customer is informed on product availability on the site. If, despite the measures taken by the Company to keep the customer informed, the ordered items are no longer available, the Company will inform the customer by any means (phone call or e-mail) as soon as possible and refund the invoiced price by crediting the amount to the customer's bank account.
The customer agrees that all information communicated to Hybrid Editions on the Site as part of the order is in accordance with these Terms and conditions of sale, complete, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the payment.
In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company will be entitled, in terms of retail sales, to refuse any order placed by the customer exceeding the authorized number of items - this authorized limit being a maximum of 2 identical items. The Company will also be entitled to refuse any order: (a) made by a customer with whom there is a dispute over the payment of a previous order; or (b) not in accordance with these terms and conditions of sale. The Company reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
If the Company finds that the order does not meet these Terms and conditions of sale (for example: incorrect delivery address, order limit exceeded, etc.), it will inform the customer within a maximum of six (6) days by telephone or by e-mail.
If the customer fails to contact the Company for the correction of the erroneous elements or the elements that are contradictory to these terms and conditions of sale appearing in his order, the Company reserves the right to cancel the order as well as the payment unconditionally.
SECTION 6 - HOW TO ORDER ONLINE ON THE SITE / ETAPES DE LA COMMANDE PAR INTERNET SUR LE SITE
First step: Selection of items by the customer. On the Site, the customer checks the items (price, features) and then selects. To start to process the order, the customer clicks on “Add to cart”. Items are added to his “Cart”.
Second step: To confirm the order, the customer is offered “Instant checkout”. Clicking on “Instant checkout” leads to screen “Shopping-cart summary" where the customer can either “Continue shopping” or proceed to checkout. At checkout, information requested is as follow:
- Title, First Name, Name
- Delivery address
- Billing address if different from delivery address
- Possibility to leave a message (will be sent to firstname.lastname@example.org)
- Payment, thru Paypal or Credit Card via Paypal :
Third step: Payment. The customer can pay for purchases by PayPal and Credit Card via Paypal platform. Cards of the “CB” bank card network, Visa, Discover, Mastercard, and American Express are accepted. Cards issued by banks domiciled outside France must mandatorily be international bank cards.
In this context, the customer agrees to proceed with payment using a credit card which he rightfully owns and which mentions his identity (first and last name). For online payment on the Site: the customer accesses a secure server operating in SSL (128-bit) mode, certified by a Certification Authority. The customer must provide his credit card number and/or bank details by completing the online payment form.
After entering his credit card number, the customer then clicks on the “PAYER / MAKE PAYMENT” button to complete the payment, debiting his bank account. Credit card information is always encrypted during transfer over networks.
Fourth step: immediately following payment, the customer receives an Order Confirmation email from Hybrid Editions mentioning the order number, the items, quantity, unit price and total, the method of payment and the address indicated by the customer. In this email is also attached the Hybrid Editions invoice.
In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of e-mail for confirmation by the Company of the order’s contents.
SECTION 7 - PRICES OF ITEMS / PRIX DES ARTICLES
The prices displayed on the Site are indicated in Euros.
For delivery in the European Union: the prices displayed on the site are exclusive of French VAT. VAT of 20% will be added at checkout and payment.
For delivery outside the European Union: the prices shown are excluding French VAT. International orders may be subject to customs duties and taxes on arrival. These other duties and taxes are levied by the destination country. The buyer is the importer and must comply with all rules and regulations of the destination country. Any additional charges for customs are not included in our price and remain the responsibility of the buyer. We have no control over these charges and cannot predict what they might be as customs’ policies vary widely from country to country. Please note that when customs’ clearance procedures are required, it may cause delays, which are beyond our control. Should your order require clearance, you will be notified by customs directly.
The prices invoiced are those in effect on the date of the order.
Shipping costs are not charged for any purchase over 150 Euros.
SECTION 8 - DELIVERY /LIVRAISON
The delivery of items can only take place at the customer's usual place of residence or to the delivery address indicated by the customer at the time of placing the order, whereas the said address must correspond to the usual place of residence of a third party beneficiary chosen by the customer; or to the address of the company where he exercises his profession. The delivery cannot, in any case, be carried out either to hotels or to P.O. box addresses.
The Company will deliver the items ordered by FedEx (international priority service) or Colissimo (La Poste).
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, the delivery of the ordered items will take place at the latest within 30 days from the date of the order; or, within the timeframe notified beforehand to the customer in case of temporary unavailability of the item, which is accepted by the customer at the time of adding the item to his “Cart” and before his order is accepted.
Receipt of the order. Upon receipt of the order, the customer must open the package and check the condition of the package(s) in the presence of the delivery executive; in case of damaged or missing items, issue handwritten notes on the waybill along with the date and signature, in the presence of the delivery executive. It is up to the customer to confirm his reservations by sending an e-mail to email@example.com within 5 (five) days of receiving the order.
SECTION 9 - RIGHT OF WITHDRAWAL AND RETURN OF ITEMS / DROIT DE RÉTRACTATION ET RETOUR DES ARTICLES
In accordance with the provisions of Article L.221-18 et seq. of the Consumer Code, the customer has a right of withdrawal which he can exercise without needing to justify the reasons, within fourteen (14) days from the receipt of the items.
If this period expires on Saturday, Sunday, a non-working day or a holiday, it is extended until the next business day.
In this context, the customer has the option to return the items delivered within this period, in the original packaging, in perfect condition, complete and intact (with accessories, manual, warranty, etc.) along with a copy of the invoice.
It is up to the customer to keep any proof of this return, assuming that the items are returned by registered mail or by any other means providing a certain date. If you are shipping an item over 150 Euros, you should consider using a trackable shipping service or purchasing shipping insurance. We can’t guarantee that we will receive your returned item. The expenses for return remains in any event at the expense of the customer. Refund of the billed amount for the returned items will be carried out by the Company by crediting the bank account of the customer, within ten days following the receipt of the returned items.
Items returned incomplete, damaged, degraded, deteriorated or soiled by the customer will not be refunded.
SECTION 10 - THIRD-PARTY LINKS / RENVOI VERS DES TIERS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION / INFORMATIONS PERSONNELLES
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS / ERREURS ET OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES / USAGES INTERDITS
The customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
In addition, the customer agrees not to use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In addition to limitation of liability set in Section 3 :
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless our Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW / LITIGES, DROIT APPLICABLE ET JURIDICTION COMPETENTE
These Terms and Conditions of sale are subject to French law. In case of problems encountered during the ordering or delivery of the items of the Company, the customer will have the option, before approaching a court, to seek an amicable solution, in particular with the help of a consumer organisation or any other advisory service of his choice.
If no amicable solution is found, the French courts have jurisdiction to hear the dispute, unless otherwise provided by Regulation No. 44/2001 of December 20, 2000 on the jurisdiction, recognition and enforcement of decisions in civil and commercial matters (Brussels i).
SECTION 21 - CONTACT INFORMATION
Questions about the Terms and Conditions of sale should be sent to us at firstname.lastname@example.org.