General Terms and Conditions of Sale

Preamble

Any order placed on the sites linked to the Comptoir Culturel site, hereinafter referred to as the "Site", of SA Culturespaces (hereinafter referred to as "the Vendor") will be governed exclusively by the present terms and conditions of sale, which we recommend that you read carefully.

Placing an order implies prior consultation of these terms and conditions of sale and full and irrevocable acceptance thereof. The Site, its source code, texts, images and other elements are the exclusive property of the Seller. The entire content of the Site is protected by copyright. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use of the Site is authorized. Otherwise, the offender may be prosecuted before the competent court.

Article 1: Acceptance of these General Terms and Conditions of Sale

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions") is to define the rights and obligations of the parties in the context of a distance sale of products offered by the Vendor on the Site. The Customer acknowledges having read these General Terms and Conditions when validating the order. Any validation of the order implies acceptance of the General Conditions without exception. The Vendor reserves the right to adapt or modify these terms and conditions at any time. In the event of modification, the General Terms and Conditions in force on the day the order is placed will apply to each order.

Article 2: Identification of the offeror

SIRET NUMBER: 378 955 116 000.58

Intracommunity VAT: FR 43 378 955 116

Head office address: 153 boulevard Haussmann 75 008 Paris

Phone number: 01 53 77 66 00

Article 3: Product offer and availability

Product offers are valid as long as a quantity greater than 0 is visible. Products are offered for sale in all countries recognized by the international community.

However, the Site managers reserve the right not to serve the order in the event of a computer malfunction, in which case the Customer concerned will be informed directly.

Article 4: Product prices and order value

4.1. Product selling prices

The selling prices of products are those displayed on the Site at the time of purchase by the Customer. These sales prices include VAT, at the rate applicable on the day of the order, and do not include gift-wrapping costs or shipping costs, which are invoiced in addition. Any change in this rate will be automatically reflected in the selling price of the products.

Please note: for deliveries outside the European Union, the Customer must also pay customs duties and other taxes due for the import of products into the territory of delivery.

4.2 Total order amount

The total amount of the order is the definitive price in euros, including all taxes, processing and shipping costs. It is stated in the order confirmation e-mail and in the electronic invoice, which can be downloaded once payment has been made or from the account created by the Customer.

Article 5: Placing an order

The Customer places an order for one or more products offered for sale on the Site.

In the event of refusal of payment by the bank concerned, the order is automatically cancelled. Any order validated by the Customer constitutes an irrevocable acceptance which may only be challenged in the case exhaustively provided for in article 7 (exercise of the "Right of Withdrawal") of these General Terms and Conditions.

Article 6 : Order confirmation

Once payment has been made, the Customer receives an order confirmation e-mail. The confirmation e-mail acknowledges receipt of the order. This e-mail constitutes proof of the Customer's order, which the Vendor recommends that the Customer keep.

Article 7 : Right of withdrawal

The Customer has a period of 14 working days to return, at his own expense, any products that do not suit him, for whatever reason. In the event of exercising the right of withdrawal, the Customer will have the choice of requesting from Customer Services either a refund of the order, with the exception of any return costs incurred, or an exchange of the product for one of equivalent quality and price. To do this, they must select the carrier of their choice to return their order, including their order form with details of the items returned in their original packaging in perfect condition, to the following address: Comptoir Culturel, 153 boulevard Haussmann, 75008 Paris, FRANCE

Upon receipt of the said product(s), Customer Service will contact the Customer (by e-mail or telephone) to remedy the problem notified as soon as possible, and at the latest within 30 days of the date on which the right of withdrawal was exercised.

In the event of a request for reimbursement, the Vendor undertakes to reimburse the Customer for all sums paid, with the exception of any return costs incurred. This refund will be made exclusively by bank transfer.

In accordance with article L. 120-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for audio or video recordings or computer software unsealed by the customer, or for newspapers, periodicals or magazines.

Article 8 : Secure payment

Online payments are made via the VERIFONE secure payment system. Through this system, the Vendor guarantees the security and confidentiality of customer data relating to their means of payment. The Vendor has adopted the SSL encryption process, which ensures the reliability of exchanges and transactions by encrypting all personal data required to process orders, such as postal and e-mail addresses and bank details, as they are entered. The seller undertakes not to disclose the customer's data for any reason whatsoever.

Article 9: Method of payment - Payment - Invoice

9.1. Payment methods

The Customer may choose to pay for his order by credit or debit card. The following cards are accepted: CARTE BLEUE / VISA / MASTERCARD / AMERICAN EXPRESS. Payment is made exclusively in euros.

9.2 Payment transactions

The Customer guarantees the Vendor that he/she has the necessary authorizations to use the chosen method of payment. In the event of refusal of the card used by the payment center, the order is automatically cancelled. The Customer is invited to print out the proof of transaction which will appear on the screen once the order has been paid for.

9.3 Invoice

The electronic invoice can be downloaded by the Customer when he returns to the Site after having paid for his order. It can be accessed at any time by the Customer when he logs on to his Customer Account.

Article 10: Order processing - Delivery methods

10.1 Order processing time

Except for public holidays, orders placed from Monday to Thursday are processed and dispatched the following day. Orders placed on Fridays, Saturdays and Sundays are processed and dispatched on the following Monday.

10.2 Delivery options

Deliveries in mainland France and Monaco :

Colissimo France with or without signature: delivery within 48 hours working days - delivery within 72 hours working days for orders placed on a weekend or the day before a weekend, a public holiday or the day before a public holiday.

Overseas deliveries: Colissimo Overseas (delivery within 5 to 7 working days - delivery within 7 to 9 working days for orders placed on a weekend or the day before a weekend, a public holiday or the day before a public holiday).

Deliveries in Europe: Colissimo International formula (delivery within 5 to 10 working days - delivery within 5 to 7 working days for orders placed on a weekend or the day before a weekend, a public holiday or the day before a public holiday).

These delivery times, estimated by La Poste, are indicative and begin upon receipt of the parcel by their services. They can be consulted on the website: https://www.laposte.fr/outils/suivre-vos-envois

Comptoir Culturel accepts no responsibility in the event of a strike by the delivery services.

10.3 Order tracking and receipt

The Customer is informed of the dispatch of his/her order by an e-mail containing a delivery tracking link.

The Customer undertakes to receive the products ordered at the delivery address shown on the order confirmation e-mail.

The Customer must date and sign the delivery slip presented by the carrier. This dated and signed delivery slip constitutes proof of transport and delivery.

If the Customer is absent, he/she has a period of time indicated by the carrier in which to collect the parcel.

Warning - In the event of failure to collect the goods within the time limit set, the products will be returned to the Vendor, who reserves the right to refund the amount of the order, excluding delivery charges, which will remain payable by the Customer.

10.4 Exchanges and refunds

Customers have fourteen days to return, at their own expense, any products that do not suit them, for any reason whatsoever. In the event of exercising the right of withdrawal, the Customer will have the choice of requesting from Customer Services either a refund of the order, with the exception of any return costs incurred, or an exchange of the product for one of equivalent quality and price. To do so, he/she must return the goods to : Comptoir Culturel - 153 boulevard Haussmann, 75008 Paris

Exchanges and refunds are not possible in store.

Article 11 : Warranties

In accordance with legal provisions, the products delivered benefit from the guarantee of conformity and the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the product and rendering it unfit for use. Please note

- all legal warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product, accident, act of God on the part of the Customer, or force majeure as defined in Article 13 of the General Terms and Conditions;

- all warranties are limited to the replacement or reimbursement of product(s) found to be non-conforming or affected by a defect;

- in order to assert his rights, the Customer must, on pain of forfeiture of any action relating thereto, inform the Vendor in writing of the existence of the non-conformity of the product(s) delivered and of the latent defect affecting the product(s) within a short time of its discovery.

- No product will be exchanged or reimbursed without the Vendor's agreement and before it has been returned (preferably in its packaging) by the Customer to the address given in article 2 of the General Terms and Conditions.

Customer Service undertakes to exchange the product(s) concerned, or to reimburse the Customer as soon as possible. The cost of returning the product and, where applicable, the cost of shipping the new product will be borne by the Vendor.

Article 12: Liability

In all cases, the Vendor may not be held liable in the event of non-performance of its obligations being attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined in Article 13 of the General Terms and Conditions. Similarly, the Vendor may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. The Vendor, owner of the Site, undertakes exclusively to comply with the laws and regulations in force in France. Hypertext links may direct the Customer to websites other than the Site. The Vendor declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 13: Force majeure

Neither the Vendor nor the Customer shall be held liable for any non-performance caused by force majeure. In addition to the cases usually accepted by the jurisprudence of French courts and tribunals, the following are considered to be cases of force majeure: total or partial strikes inside or outside the company, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blockage of telecommunications including networks and in particular the Internet.

Article 14: Proof - Storage - Archiving

Computerized registers, kept in the Vendor's computer systems under reasonable security conditions, will be considered as proof of the sales contract, its date, orders and payments between the parties. Orders and invoices will be archived on a reliable and durable medium in such a way as to correspond to a faithful copy, in accordance with article 1348 of the French Civil Code.

Article 15: Protection of personal data

- Right of access to file

The nominative information requested from the Customer is necessary for the processing and routing of orders, and for the issue of delivery notes and invoices. The personal data collected is processed by the Vendor in compliance with the legal provisions relating to the protection of personal data set out in Law n°78-17 of January 6, 1978, known as "Informatique et Liberté":

* the Customer is informed that this authorized processing of information has been declared to the CNIL.

* Customers have the right to access, modify, rectify and delete their personal data at any time. They may exercise this right by sending a letter to the Vendor, enclosing proof of identity (photocopy of an identity document) to the following address: sav@comptoirculturel.com.

The customer concerned may consent, at the time of collection of his personal information, to the communication of this data to third parties, as well as to receive by e-mail newsletters on exhibition news, events and promotional offers within the Comptoir Culturel boutique. To do so, simply tick the appropriate boxes. Thereafter, in accordance with current regulations, the customer may unsubscribe from the newsletter list and the list of third parties at any time by sending an e-mail to the following address: sav@comptoirculturel.com.

Customers may also receive offers from partner companies at their postal address. If they do not wish to receive such offers, they simply need to inform the Vendor either by post or by e-mail, stating their surname, first name, postal address and, if applicable, their customer number.

Article 16 : Cookies

To facilitate your browsing on the Site, the Vendor uses cookies. Cookies are files stored on the hard disk of the customer's computer, the purpose of which is to indicate the customer's visit to the Site, when consulting other pages of the Site or on a new visit, and to record information relating to navigation (pages consulted, date and time of consultation, etc.). As the information thus collected by the Vendor is subject to computerized processing, you have the right to access, rectify and delete it under the conditions set out in article 15.

Article 17: Entirety of the terms and conditions

The Parties acknowledge that these general terms and conditions of sale constitute the entire agreement between them. If, for any reason whatsoever, any clause of these general terms and conditions should be declared inapplicable, it shall be deemed unwritten, without invalidating these general terms and conditions or altering the other provisions of the general terms and conditions.

Article 18 : Settlement of disputes

The present General Terms and Conditions, as well as any order placed by the Customer, are governed by French law.

Any complaint must be made in an appropriate manner, so as to preserve proof of the disputed fact, specifying the details of your dissatisfaction as well as your order number. All claims must be made to Comptoir Culturel by post to the following address: Comptoir Culturel, 153 boulevard Haussmann, 75008 Paris, FRANCE.

Last update : 15/01/2024