Terms and Conditions of Sale

Section 1 – LEGAL NOTICES

This site, accessible at the URL myselfmonart.com, is published by:

Kindopia, a company with a capital of €1000, registered with the R.C.S. of Paris under number 915 182 737, with VAT number FR83915182737, whose registered office is located at 60 Rue François 1er, 75008 Paris, France, represented by Mr. Guetarni Walid, duly authorized.

The Operator can be reached at the following email address: sav@myselfmonart.com.

 

Section 2 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

The Terms and Conditions of Sale (the "Terms and Conditions of Sale" or the "T&Cs") apply exclusively to the online sale of products offered by the Operator on the Website.

The T&Cs are made available to customers on the Site where they can be directly accessed and can also be communicated to them upon request by any means.

The T&Cs are binding on the customer who acknowledges, by checking a box or clicking a designated button, that they are aware of them and have accepted them prior to placing an order. The confirmation of the order by the buyer constitutes acceptance of the T&Cs in effect on the day of the order, the storage and reproduction of which are ensured by the Operator.

 

Section 3 – PRODUCT DESCRIPTION

The Site is an online sales website for customizable artwork open to any legal entity or individual using the Site.

Each Product presented on the Site is accompanied by a description (which is either established by the supplier or accessible on the manufacturer's website via a link on the Site) mentioning its essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The user's manual for the Product, if it is an essential element, appears on the Site or is delivered at the latest with the delivery. The Products comply with current French law prescriptions.

The Client remains responsible for the modalities and consequences of accessing the Site, particularly via the Internet. This access may involve payment of fees to technical service providers such as Internet access providers, which remain the Client's responsibility. Furthermore, the Client must provide and be entirely responsible for the equipment necessary to connect to the Site.

The Client acknowledges having verified that the computer configuration they use is secure and functional.

 

Section 4 – ORDERS

The Operator endeavors to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite the best efforts of the Operator, a Product proves unavailable after the Client's order, the Operator will inform the Client by email as soon as possible, and the Client will have the choice between:

  • Delivery of a Product of equivalent quality and price to that initially ordered, or
  • A refund of the price of the Product ordered no later than thirty (30) days after the amounts already paid.

It is agreed that beyond the refund of the price of the unavailable Product, if this option is requested by the Client, the Operator is not held to any cancellation indemnity unless the non-performance of the contract is attributable solely to them.

Except as otherwise stated in these Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Client's orders are firm and final.

When placing an order, the Client must select the chosen Products, add them to their cart indicating the selected Products and the desired quantities. The Client has the possibility of checking the details of their order and its total price, and to return to the previous pages to correct the content of their cart, if necessary, before validating it.

The Client agrees to read the Terms and Conditions of Sale in force before accepting them and confirming the delivery and withdrawal terms and any additional costs for their order. The confirmation of the order entails acceptance of the T&Cs and forms the contract.

A copy of these Terms and Conditions accepted by the Client will be sent to the Client by email at the time of order confirmation so that they can refer to them.

The contractual information concerning the order (including the order number) will be confirmed by email in a timely manner and at the latest at the time of delivery. The Operator strongly advises the Client to print and/or archive on a reliable and durable medium this order confirmation as proof. A digital invoice is available to the Client in the "my account" section. The Operator also advises the Client to print and/or archive on a reliable and durable medium this invoice as proof.

Any email sent to the Client as part of an order will be sent to the email address the Client uses for identification in their customer area.

The Operator reserves the right not to validate the Client's order for any legitimate reason, particularly if:

  • The Client does not comply with the Terms and Conditions in force at the time of their order;
  • The Client's order history shows that amounts are still owed for previous orders;
  • One of the Client's previous orders is subject to an ongoing dispute;
  • The Client has not responded to a request for confirmation of their order that the Operator sent them.

The Operator archives the sales contracts for Products in accordance with applicable legislation. By making a request to the following address: team@myselfmonart.com, the Operator will provide the Client with a copy of the contract subject to the request.

Any amendment to the order by the Client after the confirmation of their order is subject to the Operator's agreement.

The information provided by the Client during the order process (including the name and delivery address) binds the latter. Therefore, the Operator's liability cannot be sought in any way if an error during the order process prevents or delays delivery/provision.

The Client declares having full legal capacity allowing them to undertake under these Terms and Conditions.

Registration is open to able adults and minors, provided they act under the supervision of a parent or guardian who holds parental authority. Under no circumstances is registration authorized for third parties unless appropriately authorized to represent them (an entity, for example). Registration is strictly personal to each Client.

In the event of a breach by the Client of any of the provisions herein, the Operator reserves the right to terminate without notice that Client's account.

 

Section 5 – PAYMENT METHODS AND SECURITY

The Client expressly acknowledges that any order placed on the Site is an order with payment obligation, requiring the payment of a price against the provision of the Product ordered.

In any case, the Operator reserves the right to verify the validity of the payment before dispatching the order by any necessary means.

The Operator uses the online payment solution Shopify payments.

Orders can be paid for using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the Operator's bank's secure bank servers, and the Client's bank details do not transit on the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Client's order is recorded and validated as soon as the payment is accepted by the bank.

The Client's account will be debited for the corresponding amount only when (i) the bank card data used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The inability to debit the amounts due will result in the immediate nullity of the sale.

A credit card may be refused, in particular, if it has expired, if it has reached the maximum spending limit the Client is entitled to, or if the entered data is incorrect.

  • Payment by electronic wallet (type PayPal). The Client already has an account on the electronic wallet used by the Operator. The Client can use this account and pay for their order securely without providing their bank details.

Where applicable, the order validated by the Client will only be considered effective once the secure bank payment center has agreed to the transaction.

As part of control procedures, the Operator may need to request from the Client all the necessary documents to complete their order. These documents will not be used for any purposes other than these.

 

Section 6 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (VAT included), excluding shipping and transportation costs. In the event of a promotion, the Operator agrees to apply the promotional price to any order placed during the advertising period for the promotion.

The price is payable exclusively in euros (€). The price is payable in full after the confirmation of the order. The proposed prices include discounts and rebates that the Operator may decide to grant.

If shipping or transport costs apply, they will be added to the price of the Products and indicated separately before the Client's order validation. The total amount due by the Client and its details are indicated on the order confirmation page.

 

Section 7 – CONTRACT FORMATION

The contract between the Operator and the Client is concluded when the Client sends the confirmation of their order.

The Client's attention is drawn to the method of acceptance of the order placed on the Site. When the Client places their order, they must confirm it using the "double-click" technique, i.e., after selecting Products added to the cart, the Client must check and possibly correct the content of their cart (identification, quantity of selected products, price, delivery terms and costs) before validating it by clicking on "I validate my delivery," then they acknowledge acceptance of these T&Cs before clicking on the "I pay" button. Finally, they validate their order after entering their bank details. The "double-click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Client.

The Operator ensures the storage of communications, order forms, and invoices on a reliable and durable medium to constitute a true and lasting copy. These communications, order forms, and invoices can be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Clients.

The order can be resolved by the Client by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:

  • Delivery of a Product that does not comply with the declared characteristics of the Product;
  • Delivery exceeding the deadline set in the order form or, failing this date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, in the same terms and without results, to deliver within a reasonable additional period;
  • A price increase that is not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Client may demand the reimbursement of the deposit paid increased by interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in case of:

  • Refusal of the buyer to take delivery;
  • Non-payment of the price (or the balance of the price) at the time of delivery.

 

Section 8 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, as the case may be, in a member country of the European Union, and for deliveries in these same geographic areas.

Delivery means the transfer to the Client of physical possession or control of the Product.

The shipping costs are those specified at the time of order finalization and are accepted by order confirmation.

The Operator undertakes, in accordance with the delivery date indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

The delivery times are stated in business days on the Site during the order process. These times include the preparation and dispatch of the order as well as the time expected by the carrier.

The Operator undertakes to ship the Products according to the times announced on each Product sheet and at the basket level, provided that the order payment was not previously refused.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email to the Client indicating the new delivery date.

The Products will be delivered to the address indicated by the Client during their order. It is therefore incumbent upon the Client to ensure that this address contains no error. The Operator cannot be held liable if the address provided by the Client is incorrect, thus preventing or delaying delivery.

Upon delivery, a receipt may be requested to be signed.

No delivery will be made to a post office box.

Upon delivery, it is the Client's responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If it is not, the Client must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be admitted if the claim has not been noted on the delivery slip.

 

Section 9 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Client, the latter may return it to the Operator. The Client will have fourteen (14) days to do so from the date of receipt of the order.

The return costs are the Client's responsibility. This means that the Client must bear the shipping costs to return the product to the Operator. The choice of carrier is free, but it is recommended to opt for a trackable service to ensure the item's proper receipt by the Operator.

In accordance with Article L.221-21 of the Consumer Code and to exercise this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Client is invited to fill in the standard withdrawal form by clicking on the link below.

The Operator will send an acknowledgment of receipt of the Client's withdrawal request by e-mail.

If applicable, the Client can exercise their right of withdrawal by notifying the Operator of the following information:

  • Name, geographical address, telephone number, and e-mail address;
  • Decision of withdrawal through an unambiguous statement (e.g., letter sent by post, fax, or email, provided these details are available and appear in the standard withdrawal form). The Client may use the withdrawal form model but it is not obligatory.

     

    WITHDRAWAL FORM

    I/We () hereby notify you () of my/our () withdrawal from the contract for the provision of services () below:

    Ordered on ():

    Name of consumer(s):

    Address of consumer(s):

    Signature of consumer(s) (only if this form is notified in paper format):

    Date:

    () Delete as appropriate.

    The return costs are at the Client's expense, and they can use the provider of their choice to send the product. The choice of carrier is free, but it is recommended to opt for a trackable service to ensure the item's proper receipt by the Operator.

    The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

    In addition to the returned Product, the return package must also include a letter specifying the exact (name, first name, address) and complete contact details of the Client as well as the order number and the original purchase invoice.

    The Operator will refund the Client the amount of the Product within fourteen (14) days of receiving the Product and all the elements enabling the Client's refund. This refund may be made by the same payment method the Client used. In this respect, the Client who paid for their order in the form of credits/gift vouchers may be refunded with credits/gift vouchers according to the Operator's will.

    By accepting these Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal terms.

     

    SECTION 10 – LIABILITY AND WARRANTY

    The Operator cannot be held liable for the non-performance of the contract by the Client or due to an event deemed force majeure by the competent courts or due to the unforeseeable and insurmountable actions of any third party to these presents.

    The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of Internet data transmissions. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change their content and/or presentation.

    The Operator cannot be held responsible for the use made of the Site and its services by Clients in violation of these Terms and Conditions and the direct or indirect damages that this use may cause to a Client or a third party. In particular, the Operator cannot be held responsible for false statements made by a Client and their behavior towards third parties. If the Operator's liability is sought due to such behavior by one of its Clients, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator for all costs, particularly lawyer fees, incurred for its defense.

    In addition to any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

    When you act under the legal guarantee of conformity:

    • you have a period of two (2) years from the delivery of the goods to act:
    • you can choose between repair or replacement of the goods, subject to the conditions of cost provided for in Article L. 217-9 of the Consumer Code;
    • you are exempted from proving the existence of the lack of conformity of the goods for twenty-four (24) months following the delivery of the goods (except for second-hand goods).

    You may decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the price of the sale in accordance with Article 1644 of the Civil Code.

     

    SECTION 11 – AFTER-SALES SERVICE

    After-sales service provided by the Operator that is not related to the commercial warranty is subject to a contract, a copy of which is provided to the Client.

    Complaints filed under the warranties must be addressed to the after-sales service at the following coordinates:

    • Email address: team@myselfmonart.com
    • Postal address: 16, rue du Comminges 31470 FONSORBES

    Products covered by warranties must be returned new, complete, and in their original state and packaging after receipt and confirmation of the complaint by the after-sales service.

    Postal return costs will be reimbursed to the Client no later than thirty (30) days following receipt of the product by the Operator.

     

    SECTION 12 – GENERAL PROVISIONS

    • ENTIRETY OF THE AGREEMENT

    These Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator regarding their subject matter. If one or more provisions of these Terms and Conditions are declared null under a law, a regulation, or following a final decision by a competent court, the other provisions will retain their full force and effect. Moreover, the fact that one of the parties to these Terms and Conditions does not take advantage of a breach by the other party of any provision of these Terms and Conditions shall not be interpreted as a waiver by that party to take advantage of such a breach in the future.

     

    • MODIFICATIONS TO TERMS

    The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.

    Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these Terms and Conditions. Therefore, the Client is required to consult these Terms and Conditions before any use of the Site.

    The Client acknowledges that the Operator cannot be held liable in any way to them or any third party for these modifications, suspensions, or cessations.

    The Operator advises the Client to save and/or print these Terms and Conditions for safe and durable storage, and be able to refer to them at any time during contract execution if necessary.

     

    • COMPLAINTS – MEDIATION

    In case of a dispute, the Client will first contact the Company to try to find an amicable solution. In case of difficulties in applying the present contract, the consumer Client also has the option, before any legal action, to seek the assistance of a consumer mediator, which you can identify on the site https://www.economie.gouv.fr/mediation-conso.

    The mediator will attempt, in full independence and impartiality, to bring the parties together to achieve an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

    In this context, any European consumer can also contact the Online Dispute Resolution platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

    It is recalled that seeking an amicable solution does not interrupt the "brief period" of the legal warranty, nor the duration of the contractual warranty. It is reminded that, as a general rule and subject to the appreciation of the courts, compliance with the provisions of this contract relating to warranties assumes that the Client honors their financial commitments to the seller.

     

    • APPLICABLE LAW

    These Terms and Conditions are governed, interpreted, and applied in accordance with French law.

     

    • ACCEPTANCE OF THE TERMS BY THE CLIENT

    The Client acknowledges having read these Terms and Conditions carefully.

    By registering on the Site, the Client confirms having read and accepted the Terms and Conditions, thereby contractually binding themselves by the terms of these Terms and Conditions.

    The Terms and Conditions applicable to the Client are those available on the date of the order, a dated copy of which can be provided to the Client upon request, and it is therefore specified that any amendments to the Terms and Conditions made by the Operator will not apply to any order placed previously, unless expressly agreed by the Client at the origin of a given order.