Terms of sale
TERMS & CONDITIONS
Date 25/05/22
Article 1. Purpose
The company CLOUÉE, SAS, VAT FR 809 123 86 323, registered in the Paris Trade and Companies Register under number 912 386 323, whose registered office is located at 10 rue Caillaux, 75013 Paris, specialises in the sale and provision of illustrations to professional and non-professional consumers ( hereinafter "CLOUÉE").
CLOUÉE can be contacted using the following details:
By email: contact@clouee.fr
By post: Clouée, 10 rue Caillaux, 75013 Paris, France
CLOUÉE operates the website accessible at the following address www.clouee.fr on which it markets illustrations produced to order by illustrators.
The present general conditions of sale apply between CLOUÉE and non-professional consumers purchasing one or more illustrations on the CLOUÉE website. Their purpose is to define the conditions, rights and obligations relating to the ordering of illustrations by non-professional customers of CLOUÉE on its Site. It is also understood that these general terms and conditions of sale apply between CLOUÉE and the users of its Site, in particular the articles relating to Intellectual Property (Article 9), Liability (Article 10) and Personal Data (Article 11).
Article 2. Definitions
Artists: refers to the illustrating artists selected by CLOUÉE who produce the Illustrations marketed on the Site.
Client(s): refers to any natural person who is acting for purposes that are not part of their commercial, industrial, craft or professional activity and who orders Illustrations from CLOUÉE on the Site.
Order: refers to the process whereby the Client selects the Illustrations they wish to purchase and have them delivered.
GTC: refers to the present General Terms and Conditions of Sale.
Illustrations: refers to the illustrations produced by the Artists on order and available for sale on the Site.
Site: refers to the internet site accessible at the following address www.clouee.fr on which CLOUEE markets the Illustrations.
Parties: refers to both CLOUEE and the Clients.
Article 3. Acceptance, duration and modification of the GTC
3.1. By ticking the box "I have read and accept CLOUEE's General Terms and Conditions of Sale and I adhere to them unreservedly", prior to placing any Order on the Site, the Client expressly acknowledges that they have read and accept the General Terms and Conditions of Sale without restriction or reservation.
The Client understands that if they do not accept the GTC, they will not be able to order Illustrations on the Site.
The Client certifies that he/she has the legal capacity to enter into the commitments provided for herein.
The Client declares that it has obtained from CLOUÉE, prior to placing the Order, all the information concerning the Illustrations. The Client declares that it is solely responsible for choosing the Illustrations from the visuals and information available on the Site.
3.2. The GTC are applicable to all Orders and for the entire duration of the commercial relationship between the Client and CLOUÉE.
3.3 CLOUÉE reserves the right to modify these GTC at any time, in particular in order to take into account any legal, jurisprudential and/or technical developments.
CLOUÉE will inform the Clients by any means and at least fifteen (15) days before they come into force, so that the Clients can accept the new GTC if necessary.
Clients are advised to regularly consult the GTC accessible at the following address: www.clouee.fr
The version of the GTC that prevails is the latest version available on the Site. The version of the GTC applicable to the Order is the one in force at the time the Order is placed. Each new Order requires the Customer to accept the current GTC.
Article 4. Terms and conditions of the Order
4.1. Selection of Illustrations
Browsing the Site is possible without any obligation to purchase.
The Client understands and accepts that the Illustrations are produced, on order, by Artists selected by CLOUÉE. CLOUEE may freely decide to call upon any Artist of its choice to produce all or part of the Illustrations, the number and quality of which will be determined at CLOUEE's sole discretion.
The Illustrations are presented in photographs. For each one, the Client may select :
The medium (digital, poster, etc.)
The number (depending on the Illustrations, the number of copies may be limited under the conditions determined on the Site)
The size/format
The framing materials for the Illustrations.
Depending on the characteristics selected, the price and delivery time will be indicated. In particular, the Customer understands and accepts that delivery times will be affected by the choices and any customisations requested by the Customer. However, it is understood that the Illustrations will be delivered within the maximum time limit set out in Article 6 hereof.
In order to place an Order, the Customer selects the Illustration(s) that it wishes to add to its basket. The Customer may access and/or modify the contents of his/her basket at any time on the Site.
After validating the shopping basket, the Customer is redirected to a page enabling them to place an Order. This page includes a summary insert detailing the Illustration(s) selected, the total price excluding VAT, the amount of VAT, the delivery costs and times and the total price including VAT.
Illustration offers are valid only as long as they are visible on the Site.
4.2 Placing an Order
To place an Order and proceed to payment, the Customer is invited to select the Illustration of their choice, add it to their virtual basket and complete a form with the following information:
Name, first name(s) ;
Postal address ;
Email address
Telephone number;
Payment method selected;
Delivery method selected.
The creation of a personal account on the Site is not compulsory to place an Order. Where applicable, the creation of a personal account requires the communication of certain data which will be processed by CLOUEE in accordance with the applicable regulations.
In any case, the Customer is required to provide complete, up-to-date and accurate information. The Client is hereby informed that the information requested is mandatory for the proper execution of the Sales Order, which the Client acknowledges and expressly accepts. CLOUEE shall not be held responsible for any inability to deliver the Product(s), or for any faulty delivery resulting from erroneous or incomplete information provided by the Client.
To finalise the Order, the Customer is invited to click on the "Pay the Order" button on the page summarising the terms of the Order.
The Client must also read and accept the Terms and Conditions of Sale by ticking the box "I have read and accept CLOUÉE's Terms and Conditions of Sale and I accept them without reservation".
The Order will only be considered firm and definitive, and the sales contract will only be formed, once the Order has been confirmed by CLOUÉE to the Client by sending an email to the address provided.
When the Sales Order is dispatched, the Client will receive an email containing the delivery details and the Order tracking number with a link to the carrier's website.
Article 5. Prices and payment methods
5.1 Price
The price of the Illustrations is the amount indicated to the Customer on the Site at the time of the Order, in euros, including all taxes.
The Customer may choose additional services such as framing of the Illustrations ordered. The Customer understands and accepts that these services will be entrusted to a professional third party by CLOUEE. The price of the framing service will be indicated to the Client on the Site at the time of the Order, in euros, inclusive of all taxes (VAT) and will be added to the sale price of the Illustrations.
The price is payable in full on the day of the Order.
CLOUEE reserves the right to modify prices at any time, the Illustrations being in any case invoiced on the basis of the rates in force at the time the Order is placed.
5.2 Payment
The methods of payment are indicated to the Client at the time of the Order.
CLOUÉE provides the Client with the following payment methods:
(i) Bank card via the PAYPLUG secure payment platform, CLOUÉE's payment provider.
All of the terms and conditions relating to payment via the PAYPLUG solution are governed by the General Terms and Conditions of Use of this service, which can be accessed at the following address: www.payplug.com, which apply concurrently with these GTC.
By accepting these GTC, the Customer also agrees to be bound by the PAYPLUG General Terms and Conditions of Use, which can be accessed at the above address.
In any event, the Client is informed that CLOUÉE does not intervene in the use of the payment service provider.
CLOUÉE does not retain any of the Client's bank details and may not be held responsible for any malfunctioning of the PAYPLUG platform.
CLOUÉE reminds the Client that it has no control over or access to the Client's means of payment, and CLOUÉE may not be held liable for any additional costs, problems encountered by the Client or any damage suffered by the Client in relation to the said means of payment.
(ii) Bank transfer to CLOUÉE's bank account, the details of which will be provided at the Client's first request to the address contact@clouee.fr.
(iii) Gift card valid on the Site. In order to process the purchase of the gift card, a certain amount of information may be requested by CLOUÉE concerning the beneficiary of the said card. This data will only be used for the management of the gift card and the payment of the Order. If the total amount of the Order is greater than the amount of the gift card, the balance must be paid by the Client via the payment methods authorised on the Site.
Article 6. Delivery
6.1 Delivery terms
Delivery charges shall be specified on the Web Site, in euros, including all taxes, during the Order process and must be accepted by the Customer at the time of validation of the Order. The Client understands and accepts that delivery charges are in addition to the purchase price of the Illustrations (and, where applicable, the price of the framing service).
It is expressly stated that the amount of the delivery charges may vary depending on the territory of delivery of the Illustrations, their volume, the method of delivery chosen by the Client, and any carrier insurance chosen by the Client, which the Client expressly acknowledges and accepts.
CLOUEE will deliver the Illustrations throughout the world. Where applicable, customs duties will be charged to the Customer and added to the price of the Order after the Customer has been informed and accepted.
The Illustrations will be sent to the address provided by the Customer during the Order process.
The transfer of risk and responsibility for the Illustrations shall take place upon receipt of the Illustrations by the Client. From this date, the Client will be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them.
The Client is informed that CLOUÉE uses external service providers (carriers, framers, postal services, DHL services, etc.) to transport the Illustrations. CLOUÉE is therefore dependent on these third party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without CLOUÉE being responsible for these delivery delays and the consequences that may result from them. In such a case, CLOUÉE will take all necessary steps to ensure that a new reasonable delivery time is set.
When the delivery is made against a signature, the Client's signature is proof of the correct receipt of the package. Consequently, the Client undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents. Any Order received against the Client's signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
The Client is informed that CLOUÉE uses the services of a carrier for the delivery of the Illustrations, who is responsible for the transport risk. However, CLOUÉE remains the sole contact for the Client. For this reason, in the event of non-conformity, loss or damage to the Illustrations due to transport, the Client undertakes to contact CLOUÉE as soon as possible so that CLOUÉE can quickly take the necessary steps with the carrier.
6.2 Delivery times
Delivery times are indicated on the Site.
The Client is informed and understands that delivery times vary according to the time required for the production and completion of the Illustration ordered by the Artist, as well as the delivery method chosen by the Client, as indicated at the time of the Order.
In any event, delivery times may not exceed a period of 8 weeks from the placing of the Order (for deliveries in mainland France). Any delay in the delivery time must be justified by CLOUÉE.
These times, expressed in working days, include the preparation and dispatch of the Order, as well as the time required to transport the Illustrations to the point of delivery (the Client's postal address or delivery point).
If the delivery time is not convenient for the Client, the latter may agree with CLOUÉE on a later delivery date.
CLOUÉE will not be responsible for defects and/or delays in delivery caused by the indication of an incorrect or incomplete address by the Client.
Any defect or delay in delivery, beyond the date indicated in the Order or the maximum date indicated above, must be reported to CLOUEE at the following address contact@clouee.fr and CLOUEE must be requested to carry out the delivery within a reasonable additional period.
In the event that this new deadline is not respected, the Client may cancel the Order by contacting CLOUEE at the following address contact@clouee.fr. CLOUEE will then be obliged to reimburse the Client for all sums paid, at the latest within 14 (fourteen) days following the date of cancellation of the contract.
If the Client nevertheless receives the Illustration after the contract has been terminated, they must return it to CLOUEE within 14 (fourteen) days of receipt, to the following address: 10 rue Caillaux, 75013 Paris, in perfect condition and in their original packaging. The cost of returning the goods will be borne by the Customer.
Article 7. Right of withdrawal
Clients who have placed an Order for Illustrations have a period of 14 (fourteen) days to exercise their right of withdrawal, in accordance with Article L.221-18 of the Consumer Code.
In accordance with Articles L.221-18 and L.221-19 of the Consumer Code:
The period shall run from the date of receipt of the Illustrations by the Client. In the case of an Order involving several Illustrations delivered separately, the period shall run from the date of receipt of the last Illustration;
The day of receipt of the Illustrations shall not be counted as part of the withdrawal period;
The period shall begin at the beginning of the first hour of the first day and end at the end of the last hour of the last day of the period;
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
After this period, no request for retraction will be processed by CLOUÉE.
The Client shall not be obliged to justify the exercise of his/her right of withdrawal nor shall he/she be required to pay any penalties in this respect.
The Client who exercises his/her right of withdrawal must inform CLOUÉE of his/her decision to withdraw by sending an unambiguous statement expressing his/her wish to withdraw:
By email to the address: contact@clouee.fr ;
By registered letter with acknowledgement of receipt to the address: 10 rue Caillaux, 75013 Paris.
This declaration must contain the following information
the Customer's surname, first name(s) and address;
the number and date of the Order concerned
the date of delivery (to the Customer's home or to a relay point);
the reference(s) of the Illustration(s) concerned by the withdrawal.
If the Customer so wishes, he may use the withdrawal form attached to the GTC.
Once CLOUÉE has received the request for withdrawal, it will acknowledge receipt of the request without delay by email.
Any withdrawal made in accordance with the conditions of this article will result in a refund of all sums paid, within 14 (fourteen) days of receipt of the withdrawal request by CLOUÉE.
The refund will be made by the same means of payment used for the initial transaction, unless the Client expressly agrees to another means of refund.
The Illustrations must be returned to CLOUÉE, within 14 (fourteen) days of the communication of the decision to withdraw by the Client, to the following address 10 rue Caillaux 75013 Paris, in perfect condition and in their original packaging.
In any case, the cost of returning the goods will be borne by the Client.
CLOUÉE will be particularly vigilant as to the condition of the Illustrations returned. This is an essential condition for the Client's request for retraction to be taken into account by CLOUÉE.
In any event, the cost of return will be borne by the Client.
CLOUÉE will be particularly vigilant as to the condition of the Illustrations returned. This is an essential condition for the Client's request for withdrawal to be taken into account by CLOUÉE.
The Client understands and accepts that the right of withdrawal cannot be exercised if the Illustrations are not returned intact and/or if they bear the mark of an alteration or depreciation of the Illustrations.
Article 8. Guarantees by CLOUÉE
CLOUÉE, located at 10 rue Caillaux, 75013 Paris, guarantees the conformity of the Illustrations with the Order and the GTC.
The Customer benefits from the legal guarantee of conformity provided for in Article L.211-4 of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.
8.1 Concerning the guarantee against hidden defects
CLOUEE is bound by the warranty for hidden defects in the Illustration sold which render it unsuitable for the use for which it was intended, or which diminish this use to such an extent that the Customer would not have acquired it, or would have given a lower price for it, if he had known about them. The warranty against defects may be brought within a period of 2 (two) years from the discovery of the defect.
In this case, the Customer shall have the choice of returning the Illustration and having the price returned, or keeping the Illustration and having part of the price returned.
CLOUÉE, depending on the Client's choice, undertakes, after assessing the defect, to either :
- to refund the full price of the Illustration concerned;
- to refund part of the price of the Illustration if the Client decides to keep it.
8.2 Concerning the legal guarantee of conformity
CLOUÉE will deliver an Illustration that conforms to the Order and the GTC and is free from defects in conformity in accordance with applicable regulations, in particular in the sense that the Illustration will be suitable for the use usually expected of a good of the same type and that it will have the characteristics described in the Order.
CLOUÉE is also responsible for any lack of conformity resulting from the packaging that the Client may legitimately expect.
The Client has a period of 2 (two) years from the delivery of the Illustrations to take action.
Defects of conformity that appear within 24 (twenty-four) months of delivery of the Illustration are, unless proven otherwise, presumed to have existed at the time of delivery. The Customer shall not be required to prove the existence of a lack of conformity of the Illustration during this 24 (twenty-four) month period.
In this case, the Customer shall have the choice between repairing or replacing the Illustration, unless the requested compliance is impossible or would entail disproportionate costs to be borne by CLOUÉE, in accordance with Article L. 211-9 of the French Consumer Code.
The Illustrations shall be brought into conformity within a reasonable period of time, which may not exceed 30 (thirty) days following the Client's request and without major inconvenience to the Client, taking into account the nature of the goods and the use sought by the Client. The repair, replacement or reimbursement of the Illustration shall be made at no cost to the Client and shall not preclude the award of damages if the Client is entitled to them.
Article 9. Intellectual Property
9.1 Browsing the Site and ordering Illustrations does not entail any transfer of intellectual property rights to the Clients. CLOUÉE grants the Client a right of access and consultation of the Site only, under the terms and conditions set out in these GTC. Furthermore, the Ordering of Illustrations only entails a transfer of ownership of the material support for the said Illustrations, CLOUÉE remaining the owner of all intellectual property rights relating to the Illustrations.
9.2 More generally and without this list being exhaustive, the "CLOUÉE" brand as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site are the exclusive property of CLOUÉE.
The systems, software, structures, infrastructures, brands, databases and content of any kind (illustrations, photographs, texts, images, visuals, music, logos, brands, databases, etc.) relating to and/or accessible on the Site are also protected by all intellectual property rights or the rights of the producers of databases in force, of which CLOUÉE is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of CLOUÉE is strictly prohibited and may be subject to legal proceedings.
In particular, the Client is prohibited from reproducing, representing and, more generally, exploiting the Illustrations appearing on the Site and/or ordered, for purposes other than private, in particular for commercial, non-commercial, advertising, promotional and/or institutional use.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, the Illustrations, trademarks, logos, graphic design, layout, information, presentation and content of the Site, is therefore prohibited.
9.3 The Client is informed that photographs of the Illustrations appear on the Site, which may be consulted freely.
CLOUÉE makes every effort to ensure that the photographs of the Illustrations are as close as possible to the Illustrations actually delivered to the Client (colour of the Illustrations in particular). Nevertheless, CLOUÉE cannot guarantee that the Illustrations will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site.
The Customer declares that he/she is fully aware of this and expressly accepts that CLOUÉE will not be held liable in this respect, subject to the application of mandatory legal provisions (in particular the guarantee of conformity).
Article 10. Liability
10.1 CLOUÉE is only liable for direct damage caused to Clients and which is directly attributable to it. CLOUÉE's liability under the obligations of these GTCs cannot be incurred in the event that the non-performance of its obligations is attributable to the act of a third party, to the fault of the Client, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code.
10.2 The Client acknowledges that its use of the Site is at its own risk and that the Site is provided "as is".
CLOUÉE will do its best to make the Site accessible 24 hours a day, 7 days a week, except in the case of force majeure or an event beyond CLOUÉE's control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or acts of malicious intent or any damage to CLOUÉE's hardware or software.
10.3 The Site is equipped with the technology necessary to access and use it, but the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the Client's computer systems cannot be excluded.
CLOUÉE offers no guarantee, either explicit or implicit, as to the functioning of the Site, in particular any technical problems that may arise.
CLOUÉE reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered.
10.4 The Client undertakes to use the Illustrations in accordance with their nature and in a strictly private context. Consequently, CLOUÉE shall not be held responsible in the event of non-conforming use of the Illustrations by the Client or a third party.
The Client also undertakes to comply with the laws in force when using the Site.
In this respect, the Client undertakes in particular not to make any discriminatory, racist, xenophobic or anti-Semitic comments, nor to make any abusive or defamatory comments, or any other violent or pornographic comments, nor to publish any content that is contrary to public order or morality.
The Client undertakes not to attempt to undermine the operation of the Site, CLOUÉE or the Artists.
CLOUÉE collects personal data about its Clients, notably in the context of Orders and through the use of cookies.
Personal data refers to all data provided by the Customer that can be used to identify him or her or make him or her identifiable, including information communicated by the Customer when placing an Order or resulting from his or her use of the Site, and for which the conditions of processing are defined in the confidentiality policy accessible on the Site.
Pursuant to the provisions of Law No. 78-17 on Data Processing, Data Files and Individual Liberties of 6 January 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, each Customer has the right to access, modify, rectify, port and delete data concerning him or her, and the right to formulate directives concerning the processing of his or her data post-mortem. He may thus demand that personal data concerning him that are inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. Each Customer may also object, on legitimate grounds, to the processing of data concerning him/her.
For more information, the Customer may consult the Privacy Policy accessible on the Site.
Article 12. Complaints and information
Any complaint or request for information relating to these GTC or to an Order must be sent to CLOUÉE by email to the following address: contact@clouee.fr, or by post: 10 rue Caillaux, 75013 Paris, France.
Article 13. Miscellaneous provisions
13.1 Partial invalidity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations will retain all their force and scope.
13.2 Non-waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
ANNEX: MODEL WITHDRAWAL FORM
For the attention of : CLOUÉE, 10 rue Caillaux, 75013 Paris.
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Name(s) and reference(s) of the Illustration(s) :
Ordered on :
Received on :
Order number :
Name of the customer placing the order :
Address of the customer placing the order :
Signature of customer if this form is notified on paper :
Date :