Subject

These General Terms and Conditions (GTC) determine the rights and obligations of the parties in the context of the online sale of products offered by the IrisColors website (www.iriscolors.fr). Any order placed through this website implies unreserved acceptance by the purchaser of these GTC, of which he acknowledges having read prior to placing his order. Before any transaction, the purchaser declares that the purchase of products on the IrisColors website (www.iriscolors.fr) is not directly related to his professional activity and is limited to strictly personal use and that he has full legal capacity to be bound by these General Terms and Conditions of Sale. Vendors retain the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of their site. Therefore, the applicable conditions will be those in force on the date of the order by the purchaser.

Products

Proposed products are those listed on the IrisColors website (www.iriscolors.fr) subject to availability. Sellers reserve the right to change the product assortment at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as faithful as possible but do not commit the sellers. The sale of products on the IrisColors website (www.iriscolors.fr) is intended for all buyers resident in countries that fully allow the entry of such products into their territory.

Price

The prices listed on the product sheets of the internet catalogue are in Euros (€) all taxes included. IrisColors sellers reserve the right to change their prices at any time, provided that the price listed in the catalogue on the day of the order will be the only price applicable to the purchaser. The prices shown do not include delivery costs, which are invoiced at the expense of the purchaser and are calculated according to the products purchased and the country of destination. Customs duties or other local taxes, import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the vendors. They will be the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). The vendors therefore invite the purchaser to inquire about these aspects with the relevant local authorities.

The prices of personalized orders (animal portraits) are likely to change from year to year. When they are communicated (by email, via social networks, live, etc.) to a potential customer when they request information, the rates are guaranteed for a period of 2 months from the receipt of the information.

Commissions

Artists reserve the right not to confirm an order for any reason, in particular due to the uniqueness of the works of art on offer, a problem with the order received, an abnormal order or a foreseeable problem with the delivery to be made. Artists undertake to inform the client immediately by all means at their disposal. The order will be processed as soon as possible upon receipt of the payment, for items in stock within 15 days at the latest, and for customized orders, this period will depend on the time needed to complete the order and the availability of the artist. At the time of ordering, the purchaser agrees to provide the information requested and undertakes to verify the accuracy of the information: surname and surname, address, telephone number, e-mail address.

Methods of payment

Sellers only accept payments by PayPal, credit card or check. All credit card transactions are made via Stripe or PayPal, offering and ensuring a fully secure payment system. The entry page of your banking information is encrypted (using Secure Socket Layer – SSL) and cannot be intercepted or disclosed to third parties. Payment by Paypal account or credit card is irrevocable. When paying by card, the purchaser guarantees that he is fully entitled to use the card and that the card provides access to sufficient funds to cover all costs necessary to pay the order. In the case of a payment by cheque, the payment is considered to be settled only after a period of 2 weeks from the deposit of the cheque in the bank account of the vendors, so that the payment is verified and validated by the bank.

Confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of full knowledge thereof and the waiver of the right to avail itself of its own terms and conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction.

Retention of property

The products remain the property of the vendors until full payment of the price (including costs).

Withdrawal

Pursuant to article L121-20 of the French Consumer Code, the purchaser has a period of fourteen working days from the delivery of the order to exercise his right of withdrawal and thus return the product to the vendors for exchange or refund without penalty, with the exception of the return costs. The return is entirely at the expense of the buyer (choice of the carrier as well as the return costs). Products returned in this way will only be refunded if they are in perfect condition. Cancellation of the order may be requested prior to dispatch of the item (s). Custom commissions cannot be returned or exchanged. If the purchaser wishes to cancel a personalized order in the course of fulfillment, no refund will be made.

Shipping

Deliveries shall be made to the address indicated on the order form, which may only be within the agreed geographical area. Deliveries are made by La Poste. All orders are sent by registered mail and orders for original works are delivered by registered mail. The canvases are sent in Colissimo recommended. Delivery times are given only as an indication; if they exceed 30 days from the date of the order, the sales contract may be terminated and the purchaser reimbursed. Delivery times do not take into account the completion time of personalized orders. Sellers will be able to provide the purchaser with the tracking number of their parcel by e-mail. The risks associated with transport are borne by the purchaser from the time the goods are shipped. The purchaser is obliged to check the condition of the packaging of the goods and its contents at the time of delivery in the presence of the postman or the delivery man. Any protest must be made to the carrier (La Poste for all orders placed in France, the postal carrier of the country of destination for orders placed abroad) within three days of delivery in the event of damage during transport and within a period of 15 days in case of delay or loss.

Claims

All claims, requests for exchange or refund, must be made by contacting the IrisColors artist via the email address: contact [a] iriscolors.fr, within fourteen days of delivery.

Responsability

Sellers, in the distance selling process, are only bound by an obligation of means. They cannot be held liable for any damage resulting from the use of the Internet network such as data loss, intrusion, viruses, disruption of service, or other unintended problems.

Intellectual property

All elements of the IrisColors website (www.iriscolors.fr) are and remain the exclusive intellectual property of the artist. No one is permitted to reproduce, exploit, or use in any way, even in part, any elements of the Site, whether in the form of a photo, logo, visual or text. No assignment of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.

Personal data

The administrators of the IrisColors website undertake to preserve the confidentiality of the information provided by the purchaser, which they may transmit for the use of certain services. All information concerning the purchaser is subject to the provisions of the French Data Protection Act n° 78-17 of January 6, 1978. As such, the Internet user has a right of access, modification and deletion of information concerning him. He may request it at any time by e-mail to the following address: contact [a] iriscolors.fr. By adhering to these Terms and Conditions, the purchaser consents to the collection and use of this data by the administrators of this site for the performance of the contract. By entering your e-mail address on this site, you also consent to receive e-mails containing information and promotional offers relating to the professional activities of the administrators of the site. The user may unsubscribe at any time by clicking on the link at the end of the emails received or by contacting the artist by registered letter with acknowledgement of receipt.

Cases of major problem

The performance of the vendors’ obligations under these General Terms and Conditions shall be suspended in the event of unforeseeable circumstances or major problem which would prevent their performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Nullity and amendment of the contract

If one of the provisions of this contract is annulled, this nullity shall not render the other provisions null and void, which shall remain in force between the parties. Any contractual modification shall be valid only after a written and signed agreement of the parties.

Applicable law

All clauses contained in these General Terms and Conditions, as well as all purchase and sale transactions referred to therein, shall be subject to French law.