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General conditions of sale

Preamble :

These general conditions of sale govern the contractual relations between:
 
• LAGARDE JEWELRY DRAWING, Individual company domiciled in BOURG-SAINT-MAURICE (73700), 103 impasse les Peupliers, SIRET number 89952896200017, intra-community VAT number FR47899528962, registered with the Registry of the Commercial Court of Chambéry under number 899 528 96 2 R.C.S. CHAMBERY , Telephone number: 07.78.25.71.59, Email address: lagardejewelrydrawing@outlook.fr, hereinafter referred to as “the Service Provider”.

• And, any natural or legal person, hereinafter referred to as “the Customer” who places an order on the Website www.lagardejewelrydrawing.fr, hereinafter referred to as “the Website” or who returns a signed quote from the Service Provider. These general conditions of sale apply to any order placed by the Customer on the Website www.lagardejewelrydrawing.fr or to any quote established by the Service Provider and signed by the Customer.

Article 1 – Scope :
 
These general conditions of sale constitute a sales contract concluded between the Service Provider and the Customer. They are deemed to be accepted by both parties. They express all the obligations of the Service Provider and the Client within the framework of their commercial relationship. By checking the box “I accept these General Conditions of Sale”, the Customer guarantees to have read, understood and accepted all the provisions of these General Conditions of Sale. The Service Provider and the Client agree that these general conditions exclusively govern their relationship in the context of the purchase by the Client of the services marketed by the Service Provider on the Website. The Service Provider reserves the right to modify its general conditions of sale at any time. They will be applicable as soon as they are put online. The enforceable version of the general conditions of sale is the one that is online on the day the Customer places an order on the Website or signs a quote established by the Service Provider, even if these General Conditions of Sale have been subsequently modified. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 - Purpose :
 
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of the services offered by the Service Provider to the Client on the Website or on a quote.
 
Article 3 – Services :
 
The services governed by these general conditions are those which appear on the Service Provider's Website or on the quote established by the Service Provider and which are indicated as sold and performed by the Service Provider.

The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Service Provider cannot be held liable.

The Service Provider offers for sale, on the Website, one-year subscriptions allowing access to videos and exercise sheets on different themes relating to jewelry gouache.

Article 4 – Price :
 
Prices are indicated in euros and stipulated all taxes included, delivery costs included.

Payment of the entire price must be made by credit card when the order is placed on the Website and by bank transfer in the event of acceptance of a quote established by the Service Provider. At no time can the sums paid be considered as deposits or deposits. The Customer is informed that the final validation of his order requires immediate payment on the Website in the event of placing an order on the Website or the final validation of the order occurs when the credit linked to the transfer appears on the account. bank of the Service Provider of the sum corresponding to the amount indicated on the estimate. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the services. The Service Provider reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order or on the quote.

Article 5 - The Order :
 
Order on the Website :
 
To place an order on the Website, the Customer must follow the following steps :

Creating a personal account :
 
To place an order, the Customer must create a personal account on the Website. To do this, the Customer must access the “Connect / Register!” section. ". By clicking on this section, the Customer can create a personal account by completing the information request form, indicating their email address and choosing a password or using their Facebook ID. The next time they log in, the Customer will be able to access their personal account again using their username and password to track their order, view their order history, place a new order or modify their information.
 
Choice of services :
 
Basket After having created their personal account on the Website or having entered their username and password or their Facebook ID, the Customer has the possibility of placing their order online from the online store. The Customer adds the service(s) he wishes to order to his basket by clicking on the desired services appearing on the Website. To order a service, the Customer must click on the “SELECT” button.

Order :
 
After validating their basket, the Customer must click on the “validate order” button. Then he accesses an order form, a summary of his order and finally validates the payment method he desires. At this time, he must validate these General Conditions of Sale to place an order.

Any order placed on the Website constitutes acceptance of the prices and descriptions of the services available for sale.
 
In certain cases, including non-payment, incorrect address or other problem on the Customer's account, the Service Provider reserves the right to block the Customer's order until the problem is resolved.
 
For any questions relating to the tracking of an order, the Customer must contact the Service Provider by email at the following address: lagardejewelrydrawing@outlook.fr.
 
Order upon signature of a quote :
 
Anyone wishing to obtain a quote for group rates can request one via the quote request form on the Website. The Service Provider undertakes, depending on the request, to send a quote by email to the email address indicated in the quote request form.
 
If accepted, you must return the quote by email and make the bank transfer to the Service Provider's bank account.

Article 6 - Payment method :
 
To pay for their order, the Buyer must make online payment by bank card (credit card, Visa, Mastercard, American Express card) via the LYRA COLLECT module, PAYPAL, or by bank transfer in the event of acceptance of an estimate. In the event of payment by bank transfer, the Customer is invited to make payment for the order directly from their bank account.
 
The Client guarantees to the Service Provider that he has the necessary authorizations to use the payment method chosen by him (credit card or bank transfer).
 
The fact for the Customer to provide this payment information or to validate the bank transfer constitutes acceptance of the debit from their bank account for the amount of the products ordered. Validation of payment by the Customer constitutes conclusion of the sales contract between the Customer and the Service Provider. The order is deemed, at this time, firm and final. The Service Provider reserves the right to suspend any order management in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment.

Article 7 - Electronic signature :
 
The online provision of the Customer's bank card number or the fact of giving a transfer order or making a check for the benefit of the Service Provider and the final validation of the order will constitute proof of the Customer's agreement in accordance with the provisions of the law. of March 13, 2000 and will be worth :

  • payment of sums due under the purchase order

  • signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noted, to contact the Service Provider by email at the following address: lagardejewelrydrawing@outlook.fr.

Article 8 - Order confirmation :
 
After final validation of the order, the Customer receives an email containing a summary of their order (designation of services, unit price, quantity).
 
Article 9 - Proof of the transaction :
 
The computerized records, kept in the Service Providers' computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
 
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 10 – Access to services :
 
The Customer accesses the services purchased immediately after validation of payment by the banking organization from their personal account and for the entire duration of the subscription, i.e. a period of 24 months. The subscription ends automatically when it expires.
 
In the event of failure by the Service Provider to fulfill its obligation of immediate performance or, failing that, no later than 30 days after the conclusion of the contract, the Client may terminate the contract, under the conditions of articles L. 216-2 and L. 216 -3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, the Service Provider to execute the Service within a reasonable additional period of time, the latter was not performed within this period.
 
The contract is considered terminated upon receipt by the Service Provider of the letter or writing informing it of this resolution, unless the Service Provider has complied in the meantime.

However, the Client may immediately terminate the contract when the Service Provider refuses to perform the service or when it does not fulfill its obligation to provide the service on the scheduled date, if this date or this deadline constitutes an essential condition for the Client. of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract.
 
When browsing the site and accessing the services, the Client undertakes not to make any use of the technical documents, photographs, videos made available to him on the Website which would be likely to infringe property rights industrial or intellectual and undertakes not to disclose them to any third party.
 
Any unauthorized use of the Website or its content or the information disclosed therein would incur the liability of the Customer and constitute an infringement punishable by articles L 335-2 et seq. of the Intellectual Property Code. – Any copy, reproduction, distribution, in whole or in part, of the content of the Website by any means whatsoever is illicit with the exception of a single copy on a single computer and reserved for the exclusively private use of the copyist. – Any total or partial reproduction of written training and videos made from elements of the Website without the express authorization of the Service Provider is prohibited within the meaning of article L.713-2 of the Intellectual Property Code.

Article 11 – Suspension and/or early termination at the initiative of the Service Provider or the Client :
 
Without prejudice to any damages that the Service Provider may seek, the Service Provider reserves the right to suspend a Client's access to the Website and/or terminate automatically, without notice or compensation, their subscription to the Site in case of non-compliance by the Customer with these general conditions of sale, and in particular :
 

  • non-compliance with the intellectual property rights of the Service Provider

  • circumvention or attempted circumvention of technical protection measures put in place by the Service Provider

  • multiple simultaneous connections to the same personal account on the Website or attempt at multiple simultaneous connections

  • provision of false information when registering on the Website

  • total or partial non-payment by the Client of the price of his service

  • actions contrary to the commercial interests of the Service Provider

 

For his part, the Client may terminate, without notice or compensation for the benefit of the Service Provider, his subscription in the event of the Service Provider's failure to fulfill its main obligations defined in these general conditions.
 
The Customer may cancel his subscription at any time, without any reimbursement from the Service Provider being required, which the Customer acknowledges and accepts.
 
Article 12 - Right of withdrawal :
 
In accordance with the provisions of the Consumer Code, the Customer accepts that he does not have the withdrawal period of 14 working days given the fact that the services are fully performed before the end of the withdrawal period and their execution began with his agreement before the end of the withdrawal period. Indeed, the Customer having access to the services immediately after validation of their payment, the execution of the service begins immediately and before the end of the withdrawal period.

Article 13 - Strenght major :
 
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
 
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
 
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.  Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. 
 
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
 
If the strenght major lasts for more than three months, these general conditions may be terminated by the injured party.

Article 14 - Partial non-validation :
 
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.
 
Article 15 - Non-waiver :
 
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
 
Article 16 - Title :
 
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
 
Article 17 - Applicable law :
 
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the Customer will contact the Service Provider as a priority to obtain an amicable solution.
 
Failing this, the Customer may initiate proceedings before the court of his choice.

General conditions of use

Any navigation on the website www.lagardejewelrydrawing.fr, hereinafter referred to as “the Site”, constitutes acceptance and application of these general conditions. By browsing the Site, the Internet user, hereinafter referred to as “the User”, guarantees having read, understood and accepted these general conditions. Any person who does not wish to comply with these general conditions is invited to stop browsing. The version currently online on the Site of the General Conditions is the only one enforceable against the Internet user for the entire duration of their visit and until a new version replaces it.

Article 1 – Legal notices :

  • Site (hereinafter “the Site”): www.lagardejewelrydrawing.fr

  • Editor (hereinafter “the Editor”): Mr. Thibaud LAGARDE

  • 103 impasse les Peupliers 73700 BOURG-SAINT-MAURICE

  • Individual entrepreneur

  • Registration : 899 528 962 R.C.S. CHAMBERY

  • SIRET : 89952896200017

  • Intracommunity VAT : FR47899528962

  • Tel number : 07.78.25.71.59

  • Email address : lagardejewelrydrawing@outlook.fr

  • Publication director : Thibaud LAGARDE​


Accommodation :
 

  • Wix

  • Wix.com Inc.

  • Mailing address : 500 Terry A François Blvd San Francisco, CA 94158

  • Phone number : +1 415-639-9034.

Article 2 – Purpose :
 
These provisions and general conditions of use govern the relationship between the Publisher and the User in the context of use and navigation on the Site. They set the rules for use of the Site, said rules must be respected by the Publisher and the User. In the event of violation of these general conditions of use, the Publisher is authorized to take legal action against the defaulting User or to block their access to the Site. The fact that an Internet user browses and uses the Site constitutes full, complete and unrestricted acceptance of the following provisions.
 
Article 3 – Acceptance/modification of the general conditions of use :
 
By starting to browse the Site, the User guarantees to the Publisher that they have read, understood and accepted these general conditions of use. These general conditions of use are deemed to be “accepted” by the User when they begin browsing the Site. These general conditions apply throughout the duration of navigation on the Site. The enforceable version of these general conditions of use is the one that is online at the time of navigation. The Publisher reserves the right to modify these general conditions of use at any time. The Editor invites the User to read the general conditions of use during each navigation. The modified general conditions of use are posted online on the Site and are applicable as soon as they are posted online.

Article 4 – Access/use of the Website :
 
Any person who accesses and uses the Site acknowledges that use of the Site is strictly personal. The Internet user undertakes not to use the Site and the information or data it contains for commercial, political, advertising purposes or for any form of commercial solicitation and in particular the sending of unsolicited emails.
 
Article 5 – Personal account :
 
The creation of a personal account is mandatory to place an order on the Site. Any user agrees not to disclose or transfer their username or password to a third party.
 
Any user can modify information concerning them by connecting to their personal space via their username and password. All users are responsible for the use, conservation and non-disclosure of their username and password. The publisher cannot be held responsible in the event of fraudulent use of a user's personal account.
 
If the owner of a personal account notices fraudulent use of his personal account, he undertakes to immediately inform the publisher at the following email address: lagardejewelrydrawing@outlook.fr. When creating their personal account, the user undertakes to provide complete and accurate information. The publisher reserves the right to cancel or refuse the creation of a user's personal account without this decision incurring liability and without justification.

Article 6 – Intellectual property :
 
All elements and contents of the Site, whether brands, logos, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications necessary to operate the Site and more generally all elements reproduced or used on the Site belong to the Publisher or its partners. Therefore, all of these elements are protected by copyright and laws that govern intellectual property. Under this protection, the User of the Site is prohibited from reproducing, representing, using or adapting in any form whatsoever all or part of these elements without the prior written authorization of the Publisher.

Article 7 – Management of the Website :
 
The Publisher uses all means to offer Users an accessible and efficient Site. As such, the Publisher may be required, without liability for any of these facts, to :

  • suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, for a specific category of Internet user

  • delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette

  • suspend the Site in order to carry out updates

 

Article 8 - Hypertext links :
 
The establishment of hypertext links to all or part of the Site is strictly prohibited, without prior written authorization from the Publisher. To obtain this authorization, the User of the Site must contact the Publisher by email at the following address : lagardejewelrydrawing@outlook.fr.

Upon receipt of this authorization request, the Publisher may or may not grant the establishment of hypertext links. Any refusal made by the Publisher cannot engage its liability and must not be justified. In the absence of a response from the Publisher, the authorization request is considered refused. If the Publisher agrees, the User is then invited to set up the hyperlink.
 
However, the Publisher may at any time request, without justification and without liability being incurred as a result, the removal of hypertext links set up after authorization. In any event, whether the establishment of hypertext links to all or part of the Site has been authorized or not by the Publisher, the latter has the right to request their removal at any time by simple request. Any information accessible via a link to other sites is not under the control of the Publisher who declines all responsibility for their content.

Article 9 - Data collection :
 
During his visit to the site, the User may be required to provide personal data which is collected and processed by the Publisher. The personal information that may be collected is done through the forms on the Website, particularly when placing an order. The data collected is the name, first name, email address, postal address, telephone number, company name, position occupied by the User of the site. These data are intended, transmitted and processed by the Publisher only, for the management of relations with the User of the site, for the establishment of quotes and invoices, for satisfaction surveys, for e-mailing campaigns and the where applicable for order processing. They are recorded in the Publisher's customer file.
 
In accordance with the provisions of Law No. 78-17 of January 6, 1978 as amended, relating to data processing, files and freedoms, the User has the right to access, query, modify and delete information which concerns him and also a right to portability and a right to limit the processing of data to be exercised at any time with the Publisher either by post to the following address: Mr. Thibaud LAGARDE, 103 impasse les Peupliers , 73700 BOURG-SAINT MAURICE, or by email to the following address lagardejewelrydrawing@outlook.fr. For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. After processing the request, this supporting document will be destroyed.

The information collected may possibly be communicated to third parties linked to the Publisher by contract for the execution of subcontracted tasks necessary for the management of the User's account and their orders and without the User having to obtain any authorization. In the event of a proven violation of legal or regulatory provisions, this information may be communicated upon express and reasoned request from the judicial authorities.
 
When certain information is mandatory to access specific features of the site, the Publisher will indicate this mandatory nature when entering the data. The personal data collected is not transferred outside the European Union. They may be transmitted to affiliate marketing systems if the User has previously given their consent. If, after having consented to their data being transmitted to these commercial partners, the User wishes to reconsider this choice and no longer receive advertising from them, they should contact the Publisher.

The personal data collected for order management and invoicing are kept by the Publisher for the duration of the commercial relationship and ten years for accounting obligations.
 
The personal data collected for carrying out loyalty actions and prospecting are kept by the Publisher for the entire duration of the commercial relationship and a maximum of three years from the last purchase.
 
The personal data collected relating to means of payment are not kept by the Publisher, they are collected during the transaction and are immediately deleted upon payment of the purchase.

Article 10 - Cookies :
 
The Publisher sets up cookies on the User's computer during their visit to the Site. These session cookies collect standard information relating to the User's navigation on the Site (pages viewed, time spent on a page, etc.). All information collected by these cookies will only be used to track the volume, type and size. configuration of traffic using this Site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service offered. The User can refuse the installation of these cookies via the settings of their internet browser. Cookies are deleted from the User's computer at the end of their visit to the site.

Article 11 – Limitation of liability :
 
The Publisher disclaims all liability in the event of a failure, breakdown, difficulty or interruption of operation, likely to prevent access to the Site or one of its functionalities.
 
The connection equipment that the User uses to connect to the Site is under his/her sole responsibility. As such, the User must take all necessary measures to protect their equipment and their own data, particularly from viral attacks via the Internet. The Publisher disclaims all liability in the event of legal action taken against the User :

  • due to the use of the Site or any service accessible via the Internet

  • due to the User's non-compliance with these general conditions.

The User cannot hold the Publisher liable for damage caused to himself, third parties and/or his equipment as a result of his connection or use of the Site. In the event that legal action is taken against the Publisher due to the aforementioned damage, the latter reserves the right to take legal action against the said User to obtain compensation. 
 
Article 12 - Photographs and representation of products :
 
The product photographs, accompanying their description, are not contractual and do not bind the Publisher.
 
Article 13 - Applicable law :
 
These conditions of use of the Site are governed by French law and subject to the jurisdiction of the courts of CHAMBERY, subject to a specific attribution of jurisdiction resulting from a particular law or regulation.

Article 14 - Contact us :
 
For any questions, information on the products presented on the site, or concerning the Site itself, the User can leave a message at the following address: lagardejewelrydrawing@outlook.fr.


Updated 11/25/2021.

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