Version 1.0, Last updated : 15 november 2021
Website : https://elegancedesign.art/
ARTICLE 1. FIELD OF APPLICATION
The general conditions of sale detailed below (hereafter designated the "General Conditions"), govern the contractual relations between any user of the site elegancedesign. art website (hereinafter referred to as a "User" or "You") and the commercial brand Elegance Design belonging to the company SUNSEE SARL with a capital of 500 EUROS, whose head office is located at 33 Tivoli, Post-Colon, 97234 Fort-de-France and registered in the Fort-de-France Trade and Companies Register under number 828 319 665 (hereinafter referred to as "Elegance Design").
These general conditions of sale are the only ones applicable and replace all other conditions, except preliminary, express and written exemption. Elegance Design can be punctually brought to modify some of the provisions of its general conditions, also it is necessary that these are reread before each visit of the site EleganceDesign.art (hereafter designated the "Site"). These modifications are opposable as from their on-line publishing (the date of on-line publishing appearing at the end of the present conditions) and cannot apply to the contracts concluded before. Each purchase on the Site is governed by the general terms and conditions applicable on the date of the order. By validating your order, you accept without reservation the General Conditions after having read them. By accessing the Site, you agree to abide by these conditions.
It is specified that the present conditions govern the sales of the pictures and frames of Elegance Design on the Site.
ARTICLE 2. USE OF THE SITE
To use the Site, you must be at least 18 years of age, legally capable of entering into a contract and use this Site in accordance with these Terms and Conditions. You guarantee the truthfulness and accuracy of the information provided by you on this Site.
Elegance Design reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order.
The Site is available in French language.
1) Essential characteristics of the products
The products sold on the Site are photos printed on canvas on wooden or aluminum frames or posters.
The photographs are offered in one or more formats.
The prices are indicated all taxes included, except for the shipping costs.
Only payments in euros are accepted.
In case of delivery to a country other than metropolitan France, you are the importer of the work(s) concerned. For all works shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be payable.
These rights and sums do not concern the spring of Elegance Design. They will be at your charge and are your entire responsibility both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to inquire about these aspects with your local authorities.
Elegance Design reserves the right to modify its prices at any time. The works will be invoiced on the basis of the rates in force at the time of the recording of the orders, subject to availability.
The works remain the property of Elegance Design until the complete payment of the indicated price.
2) To place an order
To place an order, You must at least go through the following steps:
Consultation of the file presenting a photograph. On this screen you can choose the format proposed for this photograph. You must click on " Add to cart " to add this item to your cart.
Screen " Basket " : you have the possibility to delete an article or to modify the quantities ordered.
- Screens of identification or creation of a customer account
- Screen of choice of mode of delivery. On this screen a link is proposed to you to modify the articles of your order.
- Summary screen and choice of payment. This screen allows you to choose your payment method and check the different elements of your order (items, quantity, delivery method, total price). You must make sure that all these elements are in accordance with your request. Thanks to the links on this screen, you have the possibility to modify your order.
You must then accept the present general conditions of sale and use of the Site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled "general conditions of sale". Their acceptance is done by checking the box affixed to the link to these conditions. The general terms and conditions of sale and use of the Site must be accepted with each order.
- You pay for your order by the chosen means of payment
- The contract is concluded upon confirmation of payment by the bank.
- The Site sends you a confirmation of your order by e-mail within a few minutes.
3) Means of payment
Several payment methods are offered to you to pay your order on the Site:
Credit card, virtual credit card, Visa, Mastercard.
Bank transfer (orders from the European Union only)
payment in several instalments with our partner ALMA
4) Payment security
For credit card payments, the transaction is carried out by System Pay, the BRED payment system, on the BRED website.
The User's banking data is encrypted (SSL technology, Secure Socket Layer). They do not circulate in clear text on the Internet and cannot be intercepted.
Your bank details (card number, expiry date ....) are not communicated to Elegance Design.
The data recorded by the Site constitutes the proof of all transactions between the Site and its customers.
The data recorded by the BRED's System Pay payment system constitutes proof of the financial transactions.
Orders are processed on a just-in-time basis as they are received. The manufacturing time is one week.
Elegance Design delivers :
in Metropolitan France
in the Netherlands
The delivery will be made to the delivery address that you will have validated at the time of the order as being "the delivery address", this address being able to be different from "the billing address".
Changing the delivery address after the order has been placed is not possible for logistical reasons.
Delivery methods and times
The possible delivery methods depend on the quantity, the size of the ordered item(s) and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. Elegance Design reserves the right to choose the carrier.
The delivery date depends on the shipping date of the order and the delivery time induced by the delivery method.
Estimated delivery times are 6 (six) to 10 (ten) business days (excluding Saturdays, Sundays and holidays) from the time the Delivery Confirmation Email is sent.
From the receipt of the order, its payment and the making of the product to the delivery, the minimum time is 13 working days (excluding Saturdays, Sundays and holidays). The time may be slightly longer if the products are to be delivered to areas of difficult access. For deliveries to delivery points, an email will be sent to you as soon as your package arrives at the delivery point of your choice.
From the day of delivery, you will be able to collect the package upon presentation of an ID.
Even if we do our best to deliver your products within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they can not be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.
Taxes and customs charges outside the European Union
Items shipped outside the European Union or continental Europe may be subject to taxes, duties and other charges in the country of destination, hereinafter referred to as "Import Charges". By placing an order, the recipient of the order agrees to be designated as the importer of record in the country of receipt of the order and is responsible for the import charges. For each imported item, you authorize Elegance Design to designate a carrier to act as an intermediary with the appropriate authorities for the handling and payment of import charges in the country of destination. You also agree by placing an order that the carrier may share with Elegance Design the amount of these import fees. In the case of an order placed as a gift or as an intermediary for another person, you agree to give the above authorizations on behalf of the recipient named in your order. For details on actual import charges, or to obtain documentation or receipts related to customs clearance, you may contact the designated carrier indicated in your shipment confirmation.
Receipt of Delivery
Upon receipt of your order, it is your responsibility to open the package to verify the condition of the photographs or frames. If you do not personally receive the package, ask the person in charge of receiving the package to do this verification.
In case of a problem, please give your package to the delivery person (La Poste or private carrier), stating the problem encountered and contact our customer service department the same day.
Do not sign the delivery note if the order arrived damaged. No claim will be accepted if the delivery note is signed.
In the case of a delivery by a private carrier, the carrier is not obliged to deliver inside your home and can give you the package at the entrance of your building or house.
We therefore advise you to provide assistance to carry the package into your home for large frames.
The reception of the transported objects extinguishes any action against the carrier for damage or partial loss if, within three days, not including holidays, following the day of this reception, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his motivated protest. (art L 133.3 of the Commercial Code).
7) Right of withdrawal
In accordance with article L221-18 of the French Consumer Code, you have the right to return the work that does not suit you. This right does not apply to orders placed by companies.
Model of withdrawal form
To the attention of SunSEE SARL 33 Tivoli, Post-Colon, 97234 Fort-de-France ,
email : contact@EleganceDesign.art
I/We (1) hereby notify you (1) of my/our (1) withdrawal from the contract for the sale of the goods (1)/for the provision of the service (1) below
Ordered on (1)/received on (1)
Name of consumer(s)
Address of consumer(s)
(1) Delete as appropriate.
For any order on the Site, you have a period of 15 calendar days to notify us of your request for return.
To do this, please contact our customer service who will give you the return address and you will then have 14 days to return your order.
If your order was delivered by post (Colissimo, Chronopost), you can return your order by post (return costs at your expense).
- If your order was delivered by a carrier, the carrier will pick up your order.
This service will be billed at the same price as the initial delivery charges.
No COD shipments will be accepted for any reason.
Items returned without their original packaging or incomplete, damaged or soiled by the customer are not accepted. The return costs are at your charge.
Elegance Design will reimburse the price of the returned items as well as the initial shipping costs (the return shipping costs remain at your charge) within 14 days following the receipt of the items or following the receipt of a proof of shipment of the items. This refund will be made by crediting the bank account used for payment, by bank transfer or by check.
8) Right of return
In the event that the works received do not conform to the order, you have the right to return them. In this case, please contact our customer service which will indicate the address and the modalities of return.
In the case of the exercise of the right of return and only in the case where the received work would not be in conformity with the order, the expenses of return and new sending are chargeable to Elegance Design.
9) Customer service and complaints
For any information or question, you can contact our customer service by email or by phone (from France) at 0696 61 35 61
We will be very happy to give you all the information you want about our works and your order.
4.1. Processing of data relating to the Services
Subscribing to, accessing and/or using certain Services involves the processing of personal data, which you accept. SunSEE SARL, the data controller whose head office is located at 33 Tivoli, Post-Colo 97234 Fort-de-France, is aware of the trust you place in it by entrusting it with your personal information for the use of its services. SunSEE SARL attaches the greatest importance to the confidentiality and security of this information.
4.1.2 Declaration of the processing of personal information
Depending on your choices when creating or modifying your account, you may receive offers from our company and our partners. If you no longer wish to receive such offers, you can modify these choices in your Customer Account on the Site or by writing to us at the address below.
In accordance with the French law on Information Technology and Civil Liberties of January 6, 1978, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us a letter to the following address SunSEE SARL 33 Tivoli, Post-Colon 97234 Fort-de-France.
You can also consult or modify your personal data in your customer account on EleganceDesign.art
4.1.3 Nature and purpose of personal data
By using our portal or our services, the User is brought to communicate to SunSEE SARL information or data, some of which are likely to identify him directly or indirectly.
The data collected comes from the voluntary provision of their information by users wishing to access or use a Service requiring such processing, from computer traces left by navigation on the Site or from the transmission by one of the partners to the other partner of the data thus collected.
This data may be used for the purposes of managing operations carried out on the Site and Elegance Design's commercial actions.
This data is also used :
For the creation and management of user accounts;
For the provision of Elegance Design services;
For the follow-up of the relationship with the users;
To transmit the requests for information issued by the User to the carriers;
The personal data of the User collected by Photos Martinique can be:
-his first name and surname
-his email address
-his telephone number
-his postal address
-his Internet Protocol (IP) address
-his login and password
-a copy of the exchanges between Elegance Design and the user
-information relating to its navigation and activity.
-his geolocation information
Tracking tools and applications
Elegance Design uses the following tools:
- Facebook Analytics: (Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) a tool for analyzing traffic and actions taken on the Site ;
- Google Analytics: (1600 AmphitheatreParkway, MountainView, CA 94043, USA) quantitative and qualitative traffic tracking and analysis;
You agree that these data may be used and/or communicated according to the methods specified above.
Targeted advertising, e-mails
With your consent when required, Elegance Design may use the data you provide for marketing purposes (e.g. to send you our newsletters, to send you invitations to our events or any other communication likely to interest you and to display targeted advertisements on social networks or third party sites).
With respect to promotional or news emails: you may withdraw your consent at any time by clicking on the unsubscribe link provided in each of our mailings or by contacting us as described in section 4.2 below.
With regard to targeted advertising: on social networks (e.g. Facebook, LinkedIn): you can object to this processing at any time by configuring the settings relating to advertising in your account;
On third party sites: you can refer to section 4.4 below to understand how to withdraw your consent.
4.1.4 Legal basis for processing
Pursuant to Article 6.1 of the General Data Protection Regulation and the TOS that he/she has accepted, the user is informed that the various processing of his/her data is necessary for the execution and fulfillment of contractual obligations arising from the services offered by the company.
4.1.5 Data retention period
Personal data are deleted or archived after a period of three years after your last use of our portal or services.
This data may also be kept for a period of 5 years thereafter in the archive database, with restricted access, in order to comply with the legal and regulatory obligations incumbent on Elegance Design.
4.1.6 Data recipients
Elegance Design may also share information about you, including personal data, with Elegance Design's partner carriers in accordance with this policy.
Elegance Design will only share your data with the third parties mentioned in this section in the following cases:
- When we use a service provider in connection with the performance of any contract between you and us or in order to provide or improve our services;
- Where Elegance Design is required to do so by law or in the good faith belief that such action is necessary to satisfy any claim against it, to comply with any legal process, or to protect the rights, property and safety of Elegance Design, its members and any third party.
In the event that Elegance Design sells or acquires a business or assets, in which case Elegance Design reserves the right to share your personal data with the prospective seller or buyer of that business or assets.
In accordance with applicable law and with your consent where required, Elegance Design may aggregate data about you that Elegance Design receives, including any or all of your personal data and information collected through cookies. This aggregated information will only be used for the purposes described above.
4.2 User's rights
You benefit from :
- a right of access: the right to receive a copy of your personal data in our possession;
- a right to erasure or the right to be forgotten: the right to erase your personal data in the possession of Elegance Design (except when the law requires it to keep this data or when Elegance Design has a legitimate reason to do so)
- a right to rectification: right to modify the personal data in the possession of Elegance Design which concern you and which are erroneous or obsolete
- a right to object: you may object at any time, for reasons relating to your particular situation, to the processing of your personal data for direct marketing purposes, unless there are legitimate and compelling reasons for the processing which override the interests and rights and freedoms of the person concerned, or for the establishment, exercise or defence of legal claims;
- a right to limitation: you have the right to limit the processing of your personal data in the following cases:
if you exercise your right to rectification, the limitation of processing may be required for the time necessary for Elegance Design to verify the accuracy of the data;
if you exercise your right to object, for the duration of the verification as to whether the legitimate motives pursued by Elegance Design prevail over yours;
in the event of unlawful processing of your personal data, you may demand a restriction of their use rather than their erasure;
for personal data for the purpose of processing that is to be erased, but which is still necessary for the establishment, exercise or defense of legal claims.
- a right to portability: you have the right to receive the personal data that you have provided to Elegance Design or that have been generated by your activity or that have been observed. This data must be provided in a structured, commonly used and machine-readable format. This right also includes the right to transfer this data to another data controller.
Finally, you have the right to define directives concerning the fate of your personal data after your death.
The user may exercise these rights by contacting Elegance Design at this address: contact@EleganceDesign.art, enclosing proof of identity and mentioning his or her first names, surname and e-mail address.
In the event of a dispute between Elegance Design and the User concerning the processing of data, the User may address his/her complaint to Elegance Design.
If no satisfactory solution for the user is found by the company or if the dispute persists, the user will have the possibility of lodging a complaint with the National Commission for Information Technology and Civil Liberties or with the supervisory authority of the Member State of the European Union in which the user usually resides.
4.3 Technical data processing - Cookies
Elegance Design also automatically records certain technical data.
When the Site is consulted, the technical data likely to be recorded in connection with access to or use of the Site is the user's Internet Protocol (IP) address and information relating to the user's configuration (type of machine, browser, etc.) and navigation (date, time, pages consulted, occurrence of errors, etc.).
This last information can be stored, through your navigation software, in short text files (cookies), subject to your choices, in a dedicated space of the disk EleganceDesign.art and/or its partners treat these technical data in a totally anonymous way, not attaching them to any information allowing the identification of the user and, do not transmit them to third parties.
Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is stored for the duration of validity or storage of the cookie concerned.
Depending on their category, cookies are used for the following purposes:
A first category of cookies are those that are strictly necessary to use the Site. They are essential for browsing the Site and taking advantage of all its features (support for the user's operating system, display, etc.). They allow certain functionalities and the presentation of the Site to be adapted to your browser and your equipment. These are essentially technical cookies that do not identify you as an individual.
Another category of cookies concerns those that allow us to measure performance. These cookies make it possible to establish statistics and volumes of frequentation and use of the various services of the Site. Their purpose is to allow EleganceDesign.art to improve the comfort of the users. These cookies do not identify you as an individual.
These first two categories of cookies are used only for the purpose of establishing statistics of use, preventing errors, preventing infringement and counterfeiting of the site or improving the conditions of access or use of the Site.
A third category of cookies concerns functionality. They will allow to simplify your navigation. Indeed, they allow to record some of your choices (language, name of the user, country, information relating to a previously entered form, ...).
Some audience measurement cookies will allow Elegance Design to measure visits to certain areas dedicated to its partners and to analyze these visits, namely:
- Google Analytics: (Google Inc., 1600 AmphitheatreParkway, MountainView, CA 94043, USA) in order to analyze the traffic and actions carried out on the Site;
- Facebook: (Facebook Ireland Limited 4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland) in order to analyze the traffic and actions carried out on the Site;
- Google Adwords (Google Inc., 1600 AmphitheatreParkway, MountainView, CA 94043, USA) in order to analyze the traffic and actions carried out on the Site;
A last category of cookies comes from social networks: these cookies, issued by third parties, allow the user to share the content of the Site with other people. This is the case, for example, of the "Share" or "Like" application buttons from social networks such as Facebook, LinkedIn, etc.
How to exercise your rights?
We inform you that you can set your browser parameters at any time in order to modify your choices regarding cookies. The setting of the Internet browser is an effective and free way to determine, upstream, the management of cookies. You can thus decide :
The period of validity of the consent to the deposit of cookies is 13 months. At the end of this period, the user's consent is again sought.
ARTICLE 5. RESPONSIBILITY AND GUARANTEES
SUNSEE SARL makes every effort to ensure, to the best of its ability, the accuracy and the updating of the information published on this site, the content of which it reserves the right to correct at any time and without prior notice.
This site may contain links to other sites. SUNSEE SARL cannot be held responsible for problems of access or content of these sites.
SUNSEE SARL will not be liable for any damages arising out of the use or inability to use the Site.
SUNSEE SARL will not be liable for any malfunctioning of any software, whether or not incorporated in or provided with the Site.
SUNSEE SARL undertakes to respect all the legal guarantees that you could avail yourself of. In case of defects of the goods, you benefit from the legal guarantees provided by the legislation in force. The works presented on our site being in conformity with the prescriptions of the French law, we could not be held responsible for the violation of the legislation specific to the country of delivery of the work. Consequently, we invite you to take note of the law in force in the country of delivery.
You benefit from the guarantees listed in this article 5 only insofar as the products were purchased directly on the Website.
You benefit from the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code),
If your products are not in conformity (for example if they do not correspond to the description given on the site or to your order), you benefit from a two-year period as from the delivery of the good to contact our Customer Service by e-mail at the following address email@example.com, or by mail at the following address SUNSEE SARL, 33 Tivoli, Post-Colon, 97234 Fort-de-France, and return the non-conforming products. We will then send you back replacement products. If we are unable to replace the non-conforming products within thirty (30) days, you may :
- request a full refund for the nonconforming products, or
- keep the non-conforming products and ask us for a reduction of a part of the price, which will be determined on a case-by-case basis.
ARTICLE 6. INTELLECTUAL PROPERTY
1) Rights on the work
The artist, for having taken the initiative of his creation, remains holder of the copyright on his creation, in the sense of the French law. The rights of representation and reproduction of the works present on the site EleganceDesign.art belong to their authors and to SUNSEE SARL. Their joint authorization is necessary for any exploitation of these rights. Your rights on the purchased work are thus limited to a right of private use, excluding any right of representation and reproduction.
2) Intellectual property rights
All the elements present on the site and the site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software... These elements belong to the company SUNSEE SARL or are used with the agreement of their owners.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, in part or in full, by any process and on any medium whatsoever (paper, digital...) are prohibited, without the prior written authorization of SUNSEE SARL, except for the exceptions mentioned in article L 122.5 of the Intellectual Property Code, under penalty of constituting an infringement of copyright and/or designs and/or trademarks, punishable by two years of imprisonment and a fine of 152,449.02€.
ARTICLE 7. APPLICABLE LAW
The present conditions are governed by French law. They are available in the language of consultation of the Site, cf art. II. In the event that a dispute arises from the present contractual relationship, the User and SUNSEE SARL commit themselves before any legal action to seek an amicable solution.
In the event of a dispute, only the French courts will have jurisdiction.