Terms and Conditions written by GUY, July 3, 2019 –
1. GENERAL CONSIDERATIONS
1.1
These Terms of Sale apply when, as a customer, you place an order on www.affichesguy.fr. This sales agreement is concluded between you and GUY, micro-company registered under the reference GUY, SIRET: 852 300 979 00014. The detailed contact details and additional information about the GUY company can be found on its website. The conditions apply only to you, as a customer placing orders on this sales site.
1.2
GUY does not allow the purchase on credit to non-adults. GUY reserves the right, in individual cases, to reject or modify your order (if you give, for example, inaccurate information and / or that we judge your credit history unreliable).
1.3
GUY products are offered within the limits of available stocks and GUY declines any responsibility for any typing error, presence of inappropriate images on the site, including inaccuracies in the description of the product or its data sheet, incorrect prices or modified prices (eg reflecting supplier price changes or currency fluctuations), inaccurate information on stock availability. GUY has the right to correct these errors and to modify or update the information at any time. If an incorrect price has been entered for a product you have ordered, GUY will inform you as soon as possible and wait until you have accepted the rectified price before shipping your order. All images on the GUY website should be considered as illustrations only. These illustrations can not guarantee the exact appearance of the article that corresponds to it. GUY declines any responsibility concerning information coming from third parties and present on its site.
1.4
The site and all of its contents remain the property of GUY. The information published on the site is protected by, among other things, intellectual property rights and the laws of the market. Marque et dessins déposés à L’INPI. This implies that trademarks, trade names, product names, images, graphics, design, layout and product information, services and other content may not be reproduced. or use without the written permission of GUY
1.5
Each poster will be delivered in the greatest respect for our planet. The external and internal packaging, the contents respect our policy of eco-responsibility.
Each poster will be delivered, signed, numbered with a certificate of authenticity attesting to the origin and identity of the artistic work in accordance with the laws in force.
This certificate also includes an identification number on the front of the poster.
All reproductions of this certificate are prohibited under pain of prosecution.
2. CONTRACT AND ORDER
2.1
Before making any purchase on the site, you must accept the terms and conditions of sale. By accepting these terms and conditions, you agree to abide by them in their entirety and declare that you have read and accepted the information relating to the personal data and the consent to our use of the information and cookies, in accordance with the GUY Privacy Policy. consult if necessary via this link.
2.2
A purchase contract is concluded when GUY has confirmed your order and you have received the order confirmation by e-mail. GUY advises you to keep the e-mail confirmation of your order, the information will be requested during your future exchanges with GUY customer service. You can cancel your order before it is confirmed by GUY. If the order is canceled, GUY will refund any payment that you or your debit or credit card company may have made.
2.3
PERSONALISED POSTERS
2.3.1
The steps of the order are:
- Order on the site via the questionnaire
- Payment of the entirety or a down payment (40 or 48 euros, non-refundable, see law below)
- Checking the photo sent
- Additional questions if need be
- Project completion
- 2 proposals sent by email
- Final choice
- Paying the rest of the bill
- Free mailing of the poster ends
2.3.2
PROPERTY RIGHTS
You guarantee that photos uploaded to our services through your account do not violate any third-party rights. The rights of third parties include, but are not limited to, intellectual property rights, such as copyright, neighbouring rights, design rights, patent rights, trademark rights, trade name rights and trade secrets. The rights of third parties also include, but are not limited to, the right to confidentiality and the right to the basis of a portrait.
You also guarantee that photos uploaded to our services through your account are not in violation of criminal law, the mandatory legal provisions of civil or administrative law, public order, public morality or what according to unwritten law must be considered appropriate social conduct.
You guarantee that by processing your order and executing the agreement, we do not violat any of the rights of third parties or laws as stated.
You guarantee that the orders you place are for private and non-commercial use.
You guarantee that photos uploaded to our services through your account do not contain viruses, malware, Trojans or other forms of harmful software or any other content that could compromise our services. You guarantee not to hack, spam or use our services in a way that interferes with or disrupts the integrity or performance of our services.
By using our services, you therefore declare that you own their reproductive rights, which you have verified, those rights remain attached to you. GUY does not benefit from any transfer of rights. GUY does not have the means to control the artistic and intellectual property of the works to be reproduced. Clients disrespectful of artistic and intellectual law will take full responsibility for their actions and bear the possible legal consequences of illegal printing.
2.3.3
CUSTOM POSTER RIGHT
GUY will only use the photo or photos for the production requested.
It will be unique, numbered with a certificate of authenticity.
It will not be reproduced.
- Article L.113-2 al.2 defines a composite work as a new work to which a pre-existing work is incorporated without collaboration but with the permission of the author of the latter or its rightful persons (e.g., photography incorporated into a work of art). The composite work must respect the moral right of the author of the pre-existing work.
- The composite work is the property of the author who made it, subject to the rights of the author of the pre-existing work (art. L.113-4 of the Intellectual Property Code).
You agree that the composite work (poster) can be used by GUY on its website or social networks as examples, unless you mention otherwise during the order.
Guy allows individuals to take back his works free of charge on personal web pages (blogs, social networks) provided they add the mention www.affichesguy.fr or @affichesguy.
These posters may not be used on commercial web pages, sold, distributed or reproduced in any form without GUY’s consent.
2.3.4
Questionnaire
This questionnaire will help GUY to better understand your expectations. It is a matter of completing the framework.
Realization
GUY retains the right to refuse a photo if he feels it cannot be exploited graphically and to ask you for another one.
GUY will create your poster with its technique and its usual graphic style.
GUY will not change his precise artistic spirit, which makes his signature.
So you agree to follow GUY… and throw yourself into the water unconditionally!
2.3.5
Payment
A down payment will be requested on the day of order 40 .
2 proposals will be sent to you by email, free of charge.
You will choose between the two.
This will trigger the bill for the rest to be paid.
It is only after receiving payment that the work will be sent to you according to your choice of delivery and this for free.
2.3.6
Time
We aim to ship the posters within 10 days after receiving the acceptance of the photo by GUY. Nevertheless, the process of creating the poster, the exchanges (max 3 emails for each party) necessary for customer satisfaction, can increase the delay significantly not quantifiable in advance, but GUY will notify you of the extra time at the right time.
For delivery, refer to the LIVRAISON and TRANSPORT paragraph of the classic CGV.
2.3.7
RETRACTATION:
According to the article of law cited below, the right of withdrawal or exchange is not valid for personalized posters.
However, at GUY, you will be able to stop the sale before the end of the contract, but the down payment will not be refunded.
“In accordance with Article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for contracts to supply goods made to consumer specifications or clearly customized or which, by their nature, cannot be re-re-elected or are likely to deteriorate or expire rapidly.”
3. CUSTOMER CONTACT INFORMATION AND OTHER INFORMATION
3.1
When you create your user account and / or place an order on GUY, you are asked to provide certain personal information. You confirm that the information provided is accurate and complete and you undertake to assume any responsibility for any typing errors in the form. General information about the processing of personal data by GUY is communicated to you in the Privacy Policy of GUY
3.2
You agree to ensure that no one can use your login credentials. Do not share your password with anyone and make sure that the document that states your username and password is stored in a way that no unauthorized person has access to your information. If you suspect that an unauthorized person has had access to your password, let GUY know immediately. In the absence of a message from you stating otherwise, we consider you responsible for any purchase made through your login credentials.
3.3
If GUY suspects fraudulent use of your user account or login credentials from you, or believes that you violate these terms and conditions of sale, GUYreserves the right to exclude you from its site. GUY also has the right to assign you new credentials.
4. PRICES, FEES AND PAYMENT
4.1
When ordering, only the prices listed on the site are applied. Prices are not subject to VAT (the mention “VAT not applicable, Article 293 B of the CGI” will appear on the invoices). The shipping costs are included for Metropolitan France whether in colissimo or relay point. However, these do not include shipping charges for foreign countries and fees for banking transactions, shown separately.
4.2
You can make your payment according to the procedure indicated on our site. To learn more about possible payment methods, clickhere. GUY reserves the right to charge you the amount of your order unless you have previously opted for an invoice payment method, or any other similar payment method accepted by GUY. For payments by invoice or down payment, GUY and its partners carry out a credit check. If necessary, you will be informed in advance. GUY reserves the right not to always offer the payment methods it currently accepts, in which case you will be required to change your payment option during the order, when a payment method, for any reason, fails. Please note that all information about the payment options available to you can be found on our website.
5. PROMOTIONS AND OFFERS
GUY occasionally organizes sales promotions on its sales site. These promotional campaigns offer more advantageous terms of purchase than those indicated in these General Terms and Conditions of Sale, for example as regards the payment or an extension of the retraction rights. The conditions remain applicable throughout the duration of a promotional campaign, and for the products selected by GUY as part of this campaign. GUY reserves the right, at any time, to terminate these campaigns. In case of termination or revocation of a campaign, these terms and conditions come into effect again. Offers relating to products selected as part of a promotion will only be valid for a limited period of time and while supplies last.
6. DELIVERY AND TRANSPORT
6.1
Products in stock are usually shipped to you in up to 72 hours (for personalized posters refer to the paragraph of personalized posters 2.3) and delivered during the time interval indicated on our website. Unless otherwise agreed (for example in the context of a reservation of items out of stock) the delivery is made within a period of 30 working days, upon receipt by the buyer of the order confirmation issued by GUY. You will find more information on the delivery of goods and the delivery conditions on this page.
6.2
The estimated delivery date of the order is indicated in the order confirmation, at the time of purchase and / or payment, as well as on the detailed product page. Unless previously decided otherwise and in case of late delivery of more than 30 business days – and if you are not responsible for the delay – you have the right, as a customer, to cancel the purchase.
6.3
If your parcel must be withdrawn at a relay point, you must remove it before the deadline given in the order notification. In principle, you are required to pick up your package in person by presenting a valid ID and the order number. The customer always receives a notification of delivery indicating the place and the date of withdrawal of his parcel. The notification can be sent by email, by post, or by phone call or SMS when the customer has provided his mobile number. The notification can be sent by email, by post, or by phone call or SMS when the customer has provided his mobile number.
If your parcel must be delivered in COLISSIMO, it is stipulated in the product file, that the parcel does not fit in a mailbox. In case of absence, it will be deposited at the nearest post office. The customer always receives a delivery notification indicating the place and date. The notification can be sent by email, by post, or by phone call or SMS when the customer has provided his mobile number. The notification can be sent by email, by post, or by phone call or SMS when the customer has provided his mobile number.
7. RIGHT OF WITHDRAWAL
7.1
The withdrawal period is always 15 days for any purchase made on our site. This means that you have the right to cancel your purchase on the GUY sales site within 15 days of receipt of the order by you or your representative (withdrawal period).
The right of withdrawal or exchange is not valid on goods made at your request or clearly personalized such as unique personalized posters.
7.2
If you order on GUY products not subject to the right of withdrawal, you will be clearly informed at the time of purchase.
7.3
In case of cancellation of an order, you must, before the expiry of the withdrawal period, send a clear message to GUY according to the procedure in force. You will provide in your message your name, contact information and other relevant information, including order number, invoice number and product name.
7.4
In the exercise of the right of withdrawal of the consumer, the cost of return are the responsibility of the customer, who is also responsible for the condition of the product after receiving it and once returned. The product must be returned within 15 days from the date the customer sent the cancellation notice to GUY. Returned items must be carefully packaged, in good condition and in their original carton. Returns must be made in accordance with the detailed return procedure on the GUY sales website.
7.5
If you decide to cancel your purchase, GUY will refund the amount you paid for the product. Any additional delivery costs related to the customer’s choice of a delivery method other than the standard mode offered by GUY are however excluded from the refund. If the return relates to only part of the order, the delivery costs are not subject to any refund. On the amount to be repaid, GUY has the right to deduct an amount equal to the depreciation of the product in relation to its original value and to the extent that this depreciation is due to a use exceeding the time necessary to verify its characteristics or
7.6
GUY will promptly refund the amount of the canceled order, at the latest within 14 days from the date on which GUY receives your notice of withdrawal. GUY may, however, postpone the refund until receipt of your return package or proof of shipment (postal receipt, for example). Your refund will be made via the method of payment chosen at the time of the order, unless prior agreement or obstacles to this refund.
8. WARRANTY AND COMPLAINTS
8.1
The warranty covers defective products, in accordance with the regulations in force regarding consumer protection. Customers wishing to complain about a defect in the product ordered are asked to contact GUY as soon as they find it, by sending their claim to the address indicated on our website. Any claim filed within two months of discovery of a defect in an order will be accepted. GUY products purchased on our site are guaranteed for 2 years.
No warranty will be applied, if the defect is due to misuse of the product: unsuitable frames or other that could impact the poster (marks, kinks, discoloration, scratches not due to wear …)
8.3
GUY will pay the return shipping fee when a claim for defective products has been approved.
8.4
When the defective product has been returned to us and the claim has been approved, GUY will compensate you in accordance with the current consumer protection regulations. GUY will endeavor to reimburse you within 14 days of receipt of your claim, but this period may be extended depending on the nature of the products. GUY reserves the right to reject a claim if the product concerned does not have any defects under the current consumer protection regulations.
9. LINKS
GUY is authorized to provide on its website sales links to other sites beyond its control, and these sites may also display links to the GUY sales site. While GUY attempts to ensure that it only shares links to websites that comply with the security regulations for data processing under the Privacy Policy, it is not responsible for the security or the protection of personal information that you provide to other sites. You must exercise caution and be aware of the security policy of the site concerned.
10. CASE OF FORCE MAJEURE
GUY is not responsible for delays caused by circumstances he can not control (ex. : workers’ strikes, wars, fires, lightning, terrorist attacks, changes in legislation, technical problems, power grid, telecommunications or communication shortages, or problems / delays in delivery by its partners or subcontractors due to the circumstances stated in this letter. These circumstances constitute grounds for relief which imply the disengagement of any damage and any other sanction. In the event that such circumstances arise, GUY will make it a duty to inform you from the beginning to the end of this situation. If the situation of force majeure lasts more than two months, GUY and you have the right to cancel the purchase with immediate effect.
11. AMENDMENTS TO CONDITIONS
GUY reserves the right to modify these terms and conditions at any time. Any modification of these conditions will be published on the sales site of GUY. These changes will be applicable once you have accepted our terms and conditions of sale as part of a new order or site visit. GUY undertakes to inform its customers of any changes within 30 days of their entry into force. However, GUY recommends to its customers to regularly consult the website to keep abreast of any changes in these Terms and Conditions.
12. NULLITY
If competent judicial authorities (court of law, authority or tribunal) find that a provision of these General Conditions is legally invalid or unenforceable, the remainder of the provision in question and all other provisions shall remain valid and enforceable in accordance with the provisions of Provisions declared invalid or unenforceable will be rewritten by competent counsel and legal authorities.
13. APPLICABLE LAW AND DISPUTES
13.1
Any dispute will be resolved in the first place amicably, after discussion with GUY customer service.
13.2
In the event of a dispute that can not be solved by mutual agreement through a discussion with the customer service of GUY, you are entitled to file a complaint directly online, via the European portal for online dispute resolution:http: / /ec.europa.eu/consumers/odr
– General conditions of sale written by GUY, on July 3rd, 2019 –
