General terms and conditions of sale
The General Terms and Conditions of Sale define the terms of sale of the products/services offered on an online store, as well as the rights and obligations of each party.
Article 1 – Object
The website https://le-cactus-bleu.fr (hereinafter the “Site”) aims to present the works of artists (hereinafter the “Artists”) to the users of the site (“Buyers”), and gives them the opportunity to discover and purchase them online directly from the Artist.
The purpose of the present General Terms and Conditions of Sale is to:
- Define the terms and conditions of online sale of the works present on the site,
- To define the rights and obligations of the parties in this relationship.
Sales made through the Site are concluded directly between the Artist and the Purchaser. Le Cactus Bleu is in no way a reseller of the works offered by the Artists.
Le Cactus Bleu acts as a simple intermediary within the sole framework of the provision of the Site allowing the connection of Artists and Buyers.
Consequently, Le Cactus Bleu is not party to the sales contract which is concluded solely between the Purchaser and the Artist. The Artist is then the sole seller of the works and is solely responsible for the obligations arising from them.
Article 2 – Site operator
The Site is operated by the company Le Cactus Bleu, SAS registered with the RCS of Paris under the number 901 327 551, whose registered office is located at 99 bis Avenue du Général Leclerc, 75014 Paris.
Le Cactus Bleu can be contacted by e-mail: lecactusbleu.agence@gmail.com or by phone number: +33(0)6 69 25 70 47.
Article 3 – Acceptance of the general conditions
The acceptance without reserve of the entirety of the present general conditions of sale is essential to the conclusion of the sale contract. This acceptance is materialized by a box to be checked in the order form of the work.
Article 4 – Artworks
Before placing an order online, and in accordance with the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each artworks he wishes to order. The descriptions of the works offered for sale are as precise as possible (price, technique used, dimensions, authentication…). They engage the Artists only for what is precisely indicated.
Article 5 – Order
The works are offered for sale on the Site by the Artists, subject to their availability.
To place an order, the Buyer must select the works of his choice and place them in his basket. The Buyer may select the works of different Artists in the same order. However, the Buyer is expressly informed and accepts that the purchase from each Artist is the subject of a separate sales contract.
The Buyer can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered. The Buyer is informed, in this summary, of the possible delivery costs related to his order, according to his delivery address. He can then validate his order.
At the end of his order, the Purchaser receives by e-mail an acknowledgement of receipt of his order.
Le Cactus Bleu then informs the Artist of the order and checks with him or her that the work is still available. The Artist must respond to Le Cactus Bleu within two working days. In the absence of a reply from the Artist, the work is deemed to be unavailable.
In case of unavailability of the work, Le Cactus Bleu informs the Purchaser, whose order is then cancelled. The Purchaser will be reimbursed the price of his order as soon as possible and at the latest within 14 (fourteen) days following the cancellation.
If the work is available, Le Cactus Bleu sends to the Purchaser an e-mail of confirmation of the order which constitutes the final validation of the latter.
The Purchaser must make sure that the coordinates he has communicated during his order are correct. And that they allow him to receive the e-mails of acknowledgement of receipt, cancellation and / or confirmation of order. In the absence of reception of these, the Purchaser must contact Le Cactus Bleu.
Article 6 – Sales price and payment terms
6.1 - Sales prices
The sale prices of the works are displayed on the Site. They are indicated in euros, all taxes included. The applicable prices are those displayed on the Site at the time of the order.
The sale prices of the works do not include any applicable delivery charges, which are invoiced in addition to the price of the works purchased. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.
6.2 - Payment terms
Unless otherwise indicated on the Site, the full price of the works is due upon ordering. The payment of the price can be made online by bank transfer or credit/debit card.
The Purchaser guarantees that he/she has the necessary authorizations to use the chosen method of payment. Le Cactus Bleu reserves the right to suspend or cancel any order and/or delivery, in case of:
- Non-payment of any sum which would be due by the Purchaser,
- Incident of payment,
- Fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to one and a half (1.5) times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
Article 7 – Delivery
The deliveries of the artworks are made to the address indicated at the time of the order of the Purchaser as “address of delivery”. The delivery address may be different from the billing address.
The Buyer is obliged to find out about the terms and conditions and the delivery times implemented by the various delivery service providers.
The obligations concerning the delivery of the order, namely the respect of the announced deadlines, the quality of the packaging of the work, as well as the conformity of the latter, are the sole responsibility of the Artist. The responsibility of Le Cactus Bleu can in no way be engaged in the case of a failure on the part of the Artist. The latter may exercise a claim against the delivery service provider.
The Purchaser undertakes, upon receipt of the order, to check the condition of the work and to express any reservations in writing and without delay, at the latest within 48 hours, to Le Cactus Bleu, which will transmit them to the Artist.
Article 8 – Right of withdrawal and return
The Buyer has a period of 14 (fourteen) calendar days from the date of receipt of the work ordered to withdraw without having to justify reasons or pay penalties. The return costs are at the expense of the Buyer.
The Purchaser who wishes to exercise his right of withdrawal must send to Le Cactus Bleu at the address mentioned in Article 2 of the present General Conditions of Sale, before the expiry of the above-mentioned time limit, a statement clearly expressing his wish to withdraw and including the identification of the work and the Artist concerned. Le Cactus Bleu will transmit the declaration without delay to the Artist in question and will provide the Purchaser by e-mail with the Artist’s contact details, as well as a shipping slip.
The work must be returned directly to the Artist concerned, in its original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his or her desire to withdraw. It must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed to be responsible for any damage to the work when it is returned to the Artist.
The Artist must inform Le Cactus Bleu of the reception or non-reception of the work. In the absence of information within 14 (fourteen) calendar days, the work will be deemed to have been effectively recovered by the Artist.
The Purchaser will be reimbursed as soon as possible for the totality of the sums paid for his order. However, Le Cactus Bleu reserves the right to defer this reimbursement until the Artist has effectively recovered the works.
When the Purchaser’s order concerns the works of several Artists, each purchase from a given Artist constituting a separate sales contract, the right of withdrawal is exercised according to the same procedures as above, Artist by Artist.
Article 9 – Legal guarantees
The Artist undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely:
- The guarantee of non-conformity,
- The guarantee of hidden defects.
Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Purchaser, as well as in case of normal wear and tear of the good, accident or force majeure and the guarantee of Le Cactus Bleu is limited to the reimbursement of the non-conforming work or work affected by a defect.
Article 10 – Intellectual property
10.1 - Intellectual property rights
All of the visual elements displayed on the site are protected by copyright, pursuant to articles L.112-1 et seq. of the Intellectual Property Code. The Purchaser may in no case use, copy, reproduce, modify or distort this work or its elements, including on the Internet, without the prior written authorization of Le Cactus Bleu.
Le Cactus Bleu reserves the right to pursue any act of infringement of its intellectual property rights, including in the context of criminal proceedings.
10.2 - Rights to the work
The Artist is the holder of the copyright (economic rights and moral rights) on his or her creation, within the meaning of article L.111-1 et seq. of the Intellectual Property Code. The rights of representation and reproduction of the works present on the Le Cactus Bleu site belong to their authors. Their joint authorization is then necessary for any exploitation of these rights.
The rights of the Purchaser on the work purchased are thus limited to a right of private use, excluding any right of representation and reproduction.
Article 11 – Data protection
Le Cactus Bleu collects and keeps the personal data of the Purchasers for the good execution of the sale contract. In application of the Law n° 78-17 of January 6, 1978 relating to data processing, files and individual liberties, the Purchaser has a right of access, modification, rectification and deletion of the personal data concerning him/her processed via the Site at the time of the order, as well as the right to oppose the communication of his/her data to third parties for just reasons by addressing a request to the following address: lecactusbleu.agence@gmail.com. Le Cactus Bleu undertakes to deploy all measures to protect the confidentiality of the information provided by the Purchaser.
Article 12 – Mediation
In the event of a dispute, the Buyer has the right to have recourse to a consumer mediator for the amicable resolution of any dispute concerning the execution of these General Terms and Conditions of Sale, as provided for in Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code.
The Buyer will find the list of mediators on the government site dedicated to this purpose: http://www.mediateurfevad.fr/.
Article 13 – Applicable law and jurisdiction
The present General Conditions of Sale are governed by French law.
Any dispute concerning the validity, interpretation and/or execution of these GTCs shall be brought before the courts of Paris.