ARTICLE 1/ PURPOSE AND IDENTIFICATION
The present General Terms and Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, persons wishing to make a purchase (hereinafter referred to as the "CUSTOMER") via the website https://www.leonart.fr belonging to the company Leonart whose headquarters are located in Paris (75014), registered with the RCS, n°828 527 549, Siren n°789 063 344.
The present site has for object the sale on line of paintings and personalized tables for the private individuals and the professionals.
The subscription to a contract governed by the present general conditions, with the editor of the present site supposes the acceptance, by the Internet user, of the present general conditions. The Internet user acknowledges having fully understood them. This acceptance will consist in the fact, for the Internet user, of checking the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of sale and use of the site. Checking the box will be deemed to have the same value as a handwritten signature by the user. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring proof to the contrary, he renounces to contest them in case of litigation.
The order implies the irrevocable adhesion to the present general conditions of sale in force at the day of its order or its connection on the site https://www.leonart.fr. The acceptance of the present general conditions supposes on behalf of the Net surfers that they are major and enjoy the legal capacity necessary for that or holder of a parental authorization allowing them to carry out an order and a payment on the present site. The present general conditions can be modified at any time by the editor of the site or his agent.
The order is made according to the following procedure:
1. The CUSTOMER selects the product(s) to be purchased and adds them to the shopping cart called "cart". Leonart disclaims all responsibility for the intellectual property of the photo that the CUSTOMER wishes to transform into a painting. It is the CUSTOMER's responsibility to obtain the consent of the author of the initial photo that he/she wishes to transform into a painting.
2. When the purchases are completed, the CUSTOMER must click on the button "order" which will redirect him to the page "basket". the customers will have the faculty to check the number as well as the nature of the articles which they will have chosen and will be able to check their unit price as well as the total price of the order. They will have the possibility to remove one or more items from their basket and to modify the options.
4. To finalize his order, the CUSTOMER must complete and confirm the details necessary for delivery. The order can only be registered on the site if the user has clearly identified himself by entering his CUSTOMER code (corresponding to the valid email of the Internet user). On the "payment" page, the CUSTOMER must declare that he/she has read and accepted the general sales conditions (GSC).
6. If the CUSTOMER does not wish to make any changes to his order and/or contact details, he must confirm his order by clicking on "pay now". At this stage, this second acceptance will be considered as the conclusion of the contract. Any order is only taken into account after acceptance of the payment. After confirmation of the transaction, the order number will be communicated to the CUSTOMER as well as an email confirming the validation of the CUSTOMER's order and its shipment.
ARTICLE 3/AVAILABILITY OF PRODUCTS
Any order implies acceptance of the prices and descriptions of the products available for sale. Leonart undertakes to honor orders received on the website only within the limits of the available painters and graphic designers. If one or more services or products ordered are not available, Leonart undertakes to inform the CLIENT as soon as possible. The CUSTOMER's order will then be cancelled for the items concerned and the corresponding amount refunded.
ARTICLE 4 /PRICE
Les prix indiqués sur le site sont entendus en Euros, toutes taxes comprises, frais de livraison inclus. Ces prix peuvent être modifiés à tout moment par l’éditeur et varier si la complexité du travail ou des options sélectionnées l’exige. Dans un tel cas, le CLIENT sera contacté par Leonart qui recueillera au préalable de toute réalisation, l’accord du CLIENT pour la modification du prix de sa commande. En cas de non-acceptation, la commande du CLIENT sera alors annulée pour les articles concernés et le montant correspondant remboursé.
Pour toute commande, le prix total est payable en un premier acompte de 30% TTC qui déclenchera le début de la réalisation de l’article ou du service suivi d’un second acompte de 70% TTC une fois l’article ou le service réalisé.
Après avoir reçu l’aperçu de sa peinture en photo, si le CLIENT en exprime le souhait, Leonart fera ses meilleurs efforts pour retoucher la toile selon les consignes exprimées. Si le CLIENT décide après plusieurs retouches que le résultat n’est satisfaisant ou s’il abandonne le paiement du solde de 70%, le premier acompte de 30% ne lui sera pas remboursé. Le(s) tableau(x) sera expédié lorsque le solde total de la commande aura été payé.
Delivery is made worldwide subject to the provisions mentioned below. The products will be sent to the delivery address that the CLIENT will have indicated during the ordering process.
This information is essential for the treatment and the routing of the orders and the establishment of the invoices. Failure to provide this information will result in the non-validation of the order. In case of error in the provision of this information, Leonart cannot be held responsible for the impossibility of delivering the product. In this case, the CUSTOMER remains responsible for payment. In the event of an incomplete address that makes it impossible for the shipping company to deliver the product, the CUSTOMER will have to pay the shipping costs for the reshipment of the order.
Leonart processes orders from Monday to Friday (except holidays), within an average of 48 hours. At certain times (especially during sales, Christmas, New Year, private sales), the time required to complete the paintings may be longer due to the greater number of orders to be processed.
It is necessary to add to this time the delays related to the alterations, the transport, the delivery of the orders being ensured by the logistic service of Tnt, Fedex, Dhl Ems or Chronopost in followed parcel. Leonart cannot be held responsible for the consequences due to a delay in delivery that is not of its making or to a loss of the package by the carrier. In case of damaged or already opened packages, or missing products, the CUSTOMER agrees to notify the carrier and to contact Leonart by sending photos that may support the claim within 3 days of receipt of the product. If the stretcher or frame ordered with the painting arrives damaged, Leonart will refund the price of the stretcher or frame paid at the time of order.
The company Leonart has, for all stages of access to the site and the ordering process only an obligation of means. Leonart cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the case law. Moreover, Leonart cannot be held responsible if the order is not completed or if it is prevented from fulfilling one of its obligations due to a case of force majeure as defined by jurisprudence, particularly in the event of a strike or bad weather preventing the delivery of the order.
ARTICLE 7/PERSONAL DATA
The user has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of the cookies on the browser of the Internet user prevents him from using certain services or functionalities provided by the editor, this dysfunction would not constitute a damage for the member who could not claim any compensation of this fact. In accordance with the law of January 6, 1978, the user has a right of access and correction of the data concerning him.
ARTICLE 8/NEWSLETTER OF THE EDITOR
By checking the box provided for this purpose or by expressly agreeing to this, members agree that the publisher may send them, at a frequency and in a form to be determined by the publisher, a newsletter that may contain information relating to its activity.
When the user fills in his email in the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribing members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
ARTICLE 9/MEMBERS' CONTRIBUTION
If Internet users are offered the possibility to contribute to the content of this site, through the publication of comments and a voting system, the contributions, in the form of comments, must be made in French and will be subject to validation by the editor or his team of moderators. The contributors are informed that the editor of the site, represented if necessary by the moderators, can choose to publish the comment in question on the newsletters of this site and on the sites of all its partners, in charge for the editor to quote the pseudonym of the author of the contribution. The author therefore waives his rights on the content of the contributions, in favor of the site editor, for any dissemination or use, even commercial, on the Internet, this, of course, always in respect of the authorship of the author.
The use of the service by Internet users will be under their sole and entire responsibility. They remain, in any hypothesis, responsible for the data contained in their personal account, in the comments published on the site and more generally within the framework of the use of the services and answer for it in front of the competent jurisdictions.
ARTICLE 10/APPLICABLE LAW
These terms and conditions are subject to the application of French law and the exclusive jurisdiction of French courts. In the event of a dispute, Leonart and the CUSTOMER will attempt to resolve it amicably.