General Conditions of Sale
The present general terms and conditions of sale (hereinafter referred to as “CGV”) apply to any online purchase of a creation by Jean Michel Lafitte or Pechanne on the www.lafitte-pechanne.com website, which have their registered office at 1 rue de la Tour – 34210 Minerve. The present General Terms and Conditions may be modified at any time by Atelier d’ Art Lafitte Pechanne, however the general conditions applicable are those in force at the time of sale. In the event of non-compliance by the buyer with the General Terms and Conditions of Sale, Ateliers d’ Art Lafitte Pechanne reserves the right to cancel all or part of the orders in progress or to suspend delivery of products.
Any order placed on the www.lafitte-pechanne.com site implies the unreserved acceptance of these terms and conditions which the buyer acknowledges having read, the order being subject to these terms and conditions to the exclusion of any other document.
To place an order, the buyer clicks on the work he wants: Paintings, sculpture, drawing, map, or any other original work or any product appearing on the shop www.lafitte-pechanne.com.
The product is then added to the “Basket”. Once the selection of products is complete, the customer clicks on “Display basket” or on his basket and then on “Place order”.
On the “Order” page, if the customer already has an account, he clicks on the insert to log in to his account; otherwise he fills out the present form to have the information necessary for the purchase he wants to make, chooses whether or not he wants to create an account and his mode of delivery.
The payment is verified by the bank and then the confirmation, if any, of this is done by sending an e-mail message to the address given by the buyer.
Offers of products are offered within the limits of available stocks. In the event of unavailability of one or more products ordered, Atelier d’ Art de France will inform the buyer as soon as possible. The latter may then request the cancellation or exchange of his order.
Prices are indicated in euros, inclusive of all taxes, excluding any applicable delivery charges. All orders regardless of their origin are payable exclusively in euros. The price is payable at the time of ordering on www.lafitte-pechanne.com. The price applicable to the order is that mentioned on the line “TOTAL” of the basket. Atelier d’ Art Lafitte pechanne reserves the right to change prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of placing the order subject to availability of the products. Atelier d’ Art Lafitte Pechanne retains full ownership of the products until full payment of their price by the buyer.
Payment can be made by credit card, paypal, cheque (Metropolitan France) or bank transfer. Ateliers d’ Art Lafitte Pechanne reserves the right to refuse any order or delivery due to total or partial non-payment of the order or a refusal to authorize payment by the buyer’s banking institution. Payments by cheque are accepted only by a French bank.
Payment is made on a secure page, thanks to data encryption using SSL (Secure Socket Layer) technology.
We confirm that we have an SSL certificate.
We go through Stripe to ensure the secure link between the bank and our Boutique.
Delivery is offered in France and Europe for medium sized works.
The paid products are delivered to the delivery address given by the buyer. Delivery abroad (Europe and world) entails the payment of shipping costs indicated when placing the order.
Delivery times in France abroad depend on the carriers.
It is expressly agreed that the risk of transport of the products is assumed by the buyer. In the event that the products shipped have suffered damage, been stolen or destroyed or lost during transport, the buyer must turn against the carrier, the responsibility of Ateliers d’ Art Lafitte Pechanne cannot be engaged. For deliveries outside France, taxes and customs duties will be charged exclusively to the buyer.
It is possible to collect your purchases directly from our shop 1 rue de la Tour 34210 Minerve (Hérault) by making sure that we are open.
VI- RIGHT OF WITHDRAWAL
Pursuant to Article L. 121-21 (Law of 17 March 2014 on consumption) of the Consumer Code, the Purchaser has a period of 14 days from the delivery of the Work to formulate his right of withdrawal with Atelier d’ Art Lafitte Pechanne by e-mail to the email address sent as part of the electronic mail notifying receipt of payment and finalization of the order or by registered mail with acknowledgement of receipt (date of sending as proof) to the following address: 1 rue de la Tour 34210 Minerve and ask for an exchange with a Work of equivalent value (whose shipping costs will be charged to the buyer) and/or a refund.
The Work must be returned in its original packaging and in perfect condition within 7 days of delivery. The Work will therefore travel at the Buyer’s own risk.
The return costs will be the exclusive responsibility of the Buyer.
Returned Works damaged or soiled by the Buyer (fingerprints or traces of any other nature) will not be taken back and/or refunded.
The exchange, subject to availability, or refund will be made within 30 days of receipt by Atelier d’ Art Lafitte Pechanne of the returned work in perfect condition.
The products offered for sale comply with the French legislation in force. Atelier d’ Art Lafitte Pechanne cannot be held responsible for the possible non-compliance of products with the legislation of any country other than France. The photographs and texts reproduced on the site www.lafitte-pechanne.com are not contractual, therefore, Atelier d’ Art Lafitte Pechanne cannot be held responsible in case of an error on one of these elements.
The site is accessible 24 hours a day, 7 days a week, subject to any interruptions for maintenance or repairs or in case of force majeure, however Atelier d’ Art Lafitte Pechanne cannot be held responsible for any damage resulting from such interruptions, maintenance or repairs.
In any event, in the event that Atelier d’ Art Lafitte Pechanne could be held liable for non-performance of the contract or defective performance, Atelier d’ Art Lafitte Pechanne shall not be held liable for any damages, including all damages, in excess of the amount of the products purchased under the contract.
The responsibility of Atelier d’ Art Lafitte Pechanne will not be held liable in case of force majeure. These are cases of force majeure, including if they do not meet the required legal requirements, internal or external strikes and fires and other disasters resulting in the partial or total closure of Ateliers d’ Art de France or one of its service providers. Finally, Atelier d’ Art Lafitte Pechanne cannot be held liable for any indirect damage whatsoever.
VIII- INTELLECTUAL PROPERTY
All visual elements displayed on the site are protected by copyright, in accordance with articles L. 112-1 et seq. of the Intellectual Property Code. The Buyer may not use, copy, reproduce, reproduce, modify or misrepresent this work or its elements, including on the Internet, without the prior written permission of Atelier d’ Art Lafitte Pechanne.
Atelier d’ Art Lafitte Pechanne reserves the right to prosecute any act of infringement of its intellectual property rights, including criminal proceedings.
The artist is the owner of the copyrights (economic and moral rights) on his creation, within the meaning of Article L. 111-1 et seq. of the Intellectual Property Code. The representation and reproduction rights of works on the Atelier d’ Art Lafitte Pechanne website belong to their authors and may be licensed by Atelier d’ Art Lafitte Pechanne. Their joint authorisation is then required for any exploitation of these rights.
IX- PERSONAL DATA
In accordance with the law no. 78-17 of 6 January 1978, relating to information technology, files and freedoms, the collection and processing of personal data of the buyer via the site www.lafitte-pechanne.com have been declared to the Commission Nationale de l’ Informatique et des Libertés (declaration number 1400751).
The buyer has the right to access, rectify and delete information concerning him/her. This right may be exercised at any time by sending an e-mail or letter to: Ateliers d’ Art Lafitte Pechanne, 1 rue de la Tour, 34210 Minerve, France.
X- CUSTOMER SERVICE
Customer service contact information is:
Lafitte Pech Art Workshops
1 rue de la Tour, 34210 Minerve
tel: 06 74 38 47 53.
XI- APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
These GTC are subject exclusively to French law, to the exclusion of any other right. In the event of a dispute concerning the application, interpretation or execution of these General Terms and Conditions of Sale, the courts of Paris shall have jurisdiction, including in the event of a warranty claim or multiple defendants.
XII- MAJOR FORCE
In accordance with article 1148 of the French Civil Code, Atelier d’ Art Lafitte Pechanne cannot be held responsible for the execution of the order, if any delay or failure results from a case of force majeure.