SARL l'Estampe au capital de 200000 €
31 quai des bateliers - 67000 Strasbourg
Tel: 0033.388 36 84 11 - Fax: 0033.388 25 01 80
SIRET: 399 639 475 000 17 - RC: B 399 639 475 - Code APE: 514S - N° TVA intra: FR 86399369475
L’Estampe’s online store has been set up by NAMEO, who is the site operator. Any order for a product featured in the online store of l'Estampe's website assumes that these Terms have been consulted. Consequently, the consumer acknowledges that he is fully informed of the fact that his agreement regarding the content of these Terms does not require a written signature of this document, insofar as the client would like to order the products presented here on line as part of the website’s shop. The consumer may save or edit these Terms, and it is specified that saving and editing this document is the consumer’s own responsibility. The consumer, prior to ordering, states that the acquisition of these products bears no direct relation to his professional activity and that the acquisition is limited to his personal use. As a consumer, the client has certain rights which may be reconsidered if these products or services purchased from the website were in fact related to his professional business. The online store set up by NAMEO for the website mentions the following information:
Article 1: Entire agreement
These Terms express the entire agreement between the parties. The consumer is said to accept without reserve the entire provisions of these Terms. No general or specific condition featured in the documents sent or submitted by the consumer may be added to these conditions, if these documents are incompatible with these Terms.
Article 2: Aim
These Terms aim to define the rights and obligations of the parties in the context of online sales of goods and services provided by l'Estampe to consumers.
Article 3: Contractual documents
This contract is composed of the following contractual documents, presented in decreasing hierarchical order: these Terms; the purchase order. If a contradiction between the provisions contained in the documents of different rank should arise, the provisions of the higher ranking document will prevail.
Article 4: Validity - duration
These Terms are valid from the signature date on the purchase order. These Terms are set for the necessary amount of time to supply the subscribed goods and services, and until the extinction of the guaranties owed by l'Estampe
Article 5: Electronic signature
The consumer’s “double click” on the purchase order constitutes an electronic signature, with the same value as a written signature among the parties.
Article 6: Order confirmation
The contractual information will be subject to an email confirmation by the delivery at the latest, or failing that to the address indicated by the consumer in the purchase order.
Article 7: Proof of transaction
Computer logs, saved in l'Estampe's computer systems in reasonable security conditions, will be considered proof of communication, order and payment between the parties. The archiving of purchase orders and invoices is performed on a reliable and durable platform which can be produced as proof.
Article 8: Information on products
8-a: On the website, L'Estampe presents products for sale with the necessary characteristics in respect to Article L 111-1 of the Consumer Code, providing the consumer with the possibility of knowing the essential characteristics of the products he wishes to buy before placing the definitive order.
8-b: The offers presented by l’Estampe are valid only as far as the stock is available.
Article 9: Price
The prices are given in Euros and are valid only on the date of the consumer sending the purchase order. They do not include shipping costs, additionally invoiced, and given before the order is confirmed. The prices include the VAT rate valid on the day of ordering and any changes to the applicable VAT rate will automatically affect the price of the product in the online store. The full price must be paid when the order is confirmed. The amount paid cannot be considered a deposit at any time.
Article 10: Payment
To pay for the order, the consumer may choose from the selection of payment methods in the purchase order. The consumer guarantees l’Estampe that he has any necessary authorisations to use the payment method he has selected at the time of validating the purchase order. L’Estampe reserves the right to suspend any order processing and delivery if the card payment is refused authorisation from the officially accredited bodies or in the event of non-payment. L'Estampe also reserves the right to refuse delivery or to honour an order form a consumer who has failed to pay in full or partially a previous order or is currently undergoing legal action for non-payment. L’Estampe has set up an order verification process to ensure that nobody can use the bank details of another person against their will. Within the context of this verification, the client will be asked to fax a copy of an identity document and proof of address to l’Estampe. The order will only be validated once the submitted documentation has been received and verified.
Article 11: Product availability
The order will be completed within 3 days at the latest starting from the day after the consumer placed the order. If the ordered product is not available, due to our suppliers, the consumer will be informed at the soonest and will have the option to cancel the order. The consumer will then have the choice of requesting either a refund of money paid within 30 days at the latest, or to exchange the product.
Article 12: Delivery terms
The products are delivered to the address given by the consumer on the purchase order and only in the metropolitan France area. The consumer is liable for checking the state of the good packaging upon delivery and to notify of any damages caused by the transporter on the delivery note, as well as to l'Estampe, within one week. The consumer may, upon request, ask for the invoice to be sent to the invoicing address and not the delivery address by validating the option given in the purchase order. For shipping, we mainly work with Colissimo Suivi. As soon as we process the shipping, you will immediately receive an email confirmation.
LA POSTE – post office
To avoid extra transport costs, all small or medium products are sent using the post office’s “Colissimo Suivi” service. Not only is this solution good value, it also delivers within 48H throughout France and gives you the option of picking up the ordered products at the nearest post office to the delivery address in case of absence at the initial delivery location on the regular postal round. Concretely, if you are absent on the date of delivery, your postman will leave a note in your letterbox to say that he has been round, which will then enable you to pick up your parcel at the post office during opening hours and within 15 days. Colissimo Suivi is a very reliable service. However, as with all deliveries, there may be some delay or the product may get lost. In case of delivery delay in relation to the date we gave in the delivery email, we would ask you to notify us of this delay by calling us or sending an email. We will then contact la Poste to initiate an inquiry. A postal inquiry can last up to 21 days starting from the initial inquiry date. If during this delay, the product is then found, it will be redirected immediately to your address (usually the case). However, if the product has not been found after the 21 days of the inquiry, la Poste considers the parcel to be lost. We can only send you a replacement product, at our expense, as of this moment. If the ordered product(s) are not available at that time, we will refund the products lost by the transporter. If the product(s) are still available, but has changed price on the website, we will apply the new sales prices, either by refunding the difference by cheque or requesting an additional cheque to make up the price. We decline all responsibility for extended delivery delays caused by the transporter, particularly for lost products and industrial action.
Article 13: Transporter delivery problems
Any anomaly in the delivery (problem, missing product in relation to the delivery note, damaged parcel, broken products...) must be noted on the delivery note under the “written reservations” section, accompanied by the client’s signature. In parallel, the consumer must confirm this anomaly by sending a recorded delivery letter exposing said claims within two (2) working days after the delivery date.
The consumer must submit a copy by fax or snail mail to:
Galerie l’Estampe – 31 quai des Bateliers – 67000 Strasbourg
Article 14: Delivery errors
14-a : The consumer must communicate any delivery error claims and/or product non-conformity either in nature or quality compared to the information provided on the purchase order to l’Estampe on the same day as the delivery or on the first working day after the delivery. Any claims made after this period will be refused.
14-b: The formulation of this claim to l'Estampe can be made by connecting to our website under the “follow your order” tab, where, after entering your client number, you may ask us a question via the 'contact us' menu and stating the order reference.
14-c: All claims not made under the regulations specified above and within the given timeframes will be admitted and will relieve l'Estampe of any responsibility vis-à-vis the consumer.
14-d: upon receipt of the claim, l’Estampe will provide an exchange number of the product(s) in question and will send the details by email, fax or telephone to the consumer. The exchange of a product may only take place after the consumer has been attributed an exchange number according to the procedure detailed above.
14-e: In case of delivery or exchange error, any product for exchange or refund must be returned to l'Estampe in full and in its original packaging, using Recorded Colissimo to the following address:
Galerie l’Estampe – 31 quai des Bateliers – 67000 Strasbourg
In order to be accepted, all returns must be previously notified to l'Estampe’s Customer services. Delivery costs are borne by l’Estampe, except if the products sent back do not correspond to the original statement made by the consumer in the return note.
Article 15: Product guarantee
In accordance with Article 4 of decree No. 78-464 dated 24th March 1978, these provisions do not affect the consumer’s statutory right which forces the professional vendor to guarantee against all consequences of any hidden defects of the object sold. The consumer is expressly informed that l’Estampe is not the producer of the products presented on the website, under law No.98-389 dated 19th May 1998 and concerning liability for defective products. Consequently, in case of damages caused to a person or to goods by a defective product, sole liability of the producer can be sought by the consumer, on the basis of information featured on the packaging of said product. Producer conditions and guarantee periods are given on the product data sheets. Given the frequency of the renewal of the data sheet components, l’Estampe will be able to, upon request, inform the consumer of the availability of the spare parts for products and the terms to procure them, if necessary.
Article 16: Right of withdrawal
The consumer has the right to return, at their own expense, the products that do not meet requirements, within 10 working days. This period starts from the order deliver date to the consumer. If the period expires on a Saturday, Sunday or other holiday, it is extended until the first working day. All returns must previously be notified to l'Estampe's Customer Service department by connecting to our website under the "follow your order" tab, where after entering your client number you will receive your order number. The product must be returned by Recorded Colissimo to
Galerie l’Estampe – 31 quai des Bateliers – 67000 Strasbourg
Packaged products must not be unsealed for the consumer to enjoy the right of withdrawal.
Electronic products such as decks, headphones, mixing tables, etc... are subject to a legal withdrawal period of 7 days.
Only products sent in full, in their original packaging, complete and intact, in perfect reselling order will be accepted. Any damaged product, or where the original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is without penalty, except for the return postage. Assuming the right of withdrawal, the consumer has the option of requesting either a refund of monies paid, or exchange the product. In the case of exchange, re-sending costs are borne by the consumer.
If exercising the right of withdrawal, l'Estampe will do its utmost to refund the consumer within 15 days. However, given the technical nature of the sold products, this period may be extended to 30 days, particularly if the product requires technical verification (cf products that must be tested before).
The consumer will then be refunded by crediting his bank account (secure transaction) for card payments, or by cheque in other cases.
Article 17: User rights
The consumer is granted non-exclusive, personal and non-transferable user rights to l'Estampe's software, as well as those distributed by l'Estampe, under the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to make a safe copy exclusively for the establishment, when necessary to preserve the use of this software. In any case, the software author reserves ownership rights to his work, and the consumer undertakes to respect these rights.
Article 18: Force majeure
Neither of the parties will have failed in their contractual duties if they are delayed, prevented or obstructed by a case of force majeure. Force majeure includes any event or circumstances that are outside the parties’ control, unforeseeable, inevitable, independent of the parties’ will and which cannot be prevented by the latter, despite all reasonable efforts. The concerned party will notify the other party within ten working days following the date on which they become aware. Both parties will come together within a month, except in cases of impossibility due to force majeure, to examine the situation and agree on the conditions in which the contract will be executed. If the case of force majeure lasts longer than three months, these Terms can be terminated by the injured party. Expressly considered force majeure, beyond those normally included by French court law: blocked transport or supply means, earthquake, fire, storms, flooding, lightning; breakdown in telecommunication networks or other specific telecommunication networks problems for external clients.
Article 19: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 20: No waiver
The failure of either party to claim a breach by the other party of any obligations under these Terms shall be construed in the future as a waiver.
Article 21: Title
In case of difficulty in interpretation between any of the securities mentioned in the headings of the clauses, and any of the clauses, the titles will be declared nonexistent.
Article 22: Jurisdiction These terms are subject to French law. This applies to rules of substansive matters and procedure. In the event of a dispute or claim, the consumer will first turn to l’Estampe to find an amicable solution. Following this, and in case of appeal, the consumer may lodge a claim with XXX, via the correct channels.
Article 23: Information and Freedom The information requested from the consumer are necessary to process the order and must be communicated to l'Estampe's contractual partners as part of the fulfilment of the order. The consumer may write to l’Estampe, using the contact information in the confidentiality charter on the website, to oppose any such communication, or to exercise their right to access or rectify any information that may concern the consumer and which feature in l'Estampe's files under the conditions set by law dated 6th January 1978.