TERMS OF SALES
We will then designate:
‘SITE’ or ‘SERVICE’: https://www.semaj.fr and all of its pages.
‘PRODUCTS’ : all the products (materials) and services (intangible) that it is possible to buy or to which it is possible to subscribe.
‘EDITOR’ : The person, moral or physical, responsible for the edition and content of the site https://www.semaj.fr.
‘USER’ : The internet user visiting and using the site https://www.semaj.fr.
‘CUSTOMER‘ : The user making a purchase of product or service on the site https://www.semaj.fr.
MENTIONS IMPOSED BY THE LAW OF CONFIDENCE IN THE DIGITAL ECONOMY, PURPOSE OF THE SITE AND DESIGN OF THE PARTIES
This site is published by SEMAJ. It is hosted by O2SWITCH.
The object of this site is determined as “PROMOTION, DISCOVERY AND ONLINE SALE OF CONTEMPORARY ARTWORKS”.
The site is freely accessible to all internet users. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site https://www.semaj.fr supposes the acceptance, by the Internet user , of the entirety of these general conditions, which acknowledges the same fact of having fully understood them. The internet user recognizes the proof value of the automatic registration systems of the publisher of this site and, except for providing him with proof to the contrary, he renounces disputing them in the event of a dispute. Acceptance of these general conditions presupposes that Internet users have the legal capacity necessary for this.
The applicable conditions will be those in force on the date of the visit by the buyer. https://www.semaj.fr reserves the right to modify its general conditions at any time.
CHARACTERISTICS OF THE PRODUCTS AND SERVICES OFFERED
The products and services offered are those listed in the catalog published on the site https://www.semaj.fr. These products and services are offered while stocks last. Each product is accompanied by a description established by https://www.semaj.fr. The photographs of the products in the catalog reflect a true picture of the products and services offered, but are not contractual insofar as they cannot ensure perfect similarity with the physical products.
The customer service of this site is accessible by email at the following address: firstname.lastname@example.org in which case the publisher undertakes to provide a response within 7 days.
The prices appearing in the catalog are prices including all taxes (VAT), in euros, taking into account the VAT applicable on the day of the order.
https://www.semaj.fr reserves the right to pass on any change in the VAT rate to the price of products or services. https://www.semaj.fr also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The user registered on the site (member) has the possibility of accessing it by logging in with his identifiers (e-mail address defined during his registration and password) and using systems such as third-party connection buttons. of social networks. The user is fully responsible for protecting the password they have chosen. He is encouraged to use complex passwords. If the password is forgotten, the member can generate a new one. This password guarantees the confidentiality of the information contained in its “my account” section and the user therefore refrains from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user’s account.
The creation of a personal space is a prerequisite for any order or contribution from the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.
The purpose of data collection is to create a “member account”. This account allows the client member to consult all of his orders placed on the site. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only informative. The pages relating to the member accounts are freely printable by the holder of the account in question but do not constitute any proof, they have only an informative character intended to ensure an efficient management of his orders or contributions by the member.
The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular but without this example being of any exhaustive nature, when the member has knowingly provided incorrect information, when registration and creation of your personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts have justified it.
EXEMPTION FROM THE PUBLISHER’S RESPONSIBILITY FOR THE PERFORMANCE OF THIS AGREEMENT
In the event of impossibility of access to the site, due to technical problems or of all kinds, the user will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limiting duration, of one or more products, cannot constitute a prejudice for the Internet users and can in no way give rise to the award of damages on the part of the site or from its publisher. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are incorrect or incomplete.
The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes current legislation. Likewise, the responsibility of the editor of this site cannot be engaged if the visitor’s visit to one of these sites causes him harm.
INTELLECTUAL PROPERTY RIGHTS RELATING TO ELEMENTS PUBLISHED ON THIS SITE
All the elements of this site belong to SEMAJ. Any copying of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of forgery would be likely to have their account deleted without notice or compensation and without this deletion being able to constitute damage, without reservation of any subsequent legal proceedings against them, on the initiative the publisher of this site or its agent.
CONTRIBUTION OF INTERNET USERS TO THE SITE CONTENT
Internet users are offered the option of contributing to the content of this site, by publishing comments.
Contributors are informed that the publisher of the site, represented if necessary by the moderators, can choose to publish the article in question on the newsletters of this site and on the sites of all its partners, at the expense of the publisher of cite the pseudonym of the author of the contribution. The author therefore waives his rights on the content of the contributions, for the benefit of the site publisher, for any dissemination or use, even commercial, on the internet, this, of course, always with respect for the authorship of the author.
The brands and logos contained in the https://www.semaj.fr site are registered by SEMAJ aka Chris LOEWERT, or possibly by one of its partners. Anyone performing their representations, reproductions, nestings, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
LIMITATION OF LIABILITY
The site editor, particularly in the online sales process, is only bound by an obligation of means; its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, breakdown of the service, or others.
https://www.semaj.fr cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of a total or partial strike by the postal services, carriers, and disasters caused by floods or fires. Regarding the products purchased, https://www.semaj.fr will not incur any responsibility for any indirect damage due to the present, loss of exploitation, loss of profit, damage or costs, which could occur. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products in particular due to incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the responsibility of https://www.semaj.fr, except in the case a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal. In the event of non-delivery of an order or part of an order, the customer has six months maximum (from the date of departure from the warehouses) to come forward. Beyond this deadline, we will not accept any claim.
The user expressly admits using the https://www.semaj.fr site at his own risk and under his exclusive responsibility. The https://www.semaj.fr site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, https://www.semaj.fr can in no way be held responsible:
– any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data that may, among other things, result from the use of the site https://www.semaj.fr, or on the contrary of the impossibility of its use;
– a malfunction, unavailability of access, improper use, improper configuration of the user’s computer, or the use of a browser little used by the user ;
– the content of advertisements and other links or external sources accessible by the user from the site https://www.semaj.fr.
ACCESS TO THE SITE
The https://www.semaj.fr site is accessible to the user at least 23 hours a day, 7 days a week unless otherwise specified. SEMAJ cannot be held liable due to a technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the site, to a intervention of the host, to an internal or external strike, to a network failure, to a power cut, or to a bad configuration or use of the user’s computer.
CLOSURE OF ACCOUNT
Each user is free to close their account and their data on the site. For this, the member must send an e-mail to https://www.semaj.fr indicating that he wishes to delete his account. No recovery of his data will then be possible
These general conditions are subject to the application of French law. They can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously agrees to keep all of its old general conditions and to send them to any user who requests them.
Unless public policy provisions, all disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the editor of the site for the purpose of a friendly settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided for, in the public interest, any legal action relating to the execution of this contract must be submitted to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized.
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity could not lead to the nullity of all the other clauses, which would continue to have their effect.
A ‘cookie’ allows the identification of the user of the site, the personalization of his consultation of the site and the acceleration of the display of the site by saving a data file on his computer. The user acknowledges being informed of this practice and authorizes https://www.semaj.fr to use it.
https://www.semaj.fr undertakes never to communicate the content of its ‘cookies’ to third parties, except in the event of legal requisition. The user can refuse the registration of ‘cookies’ or configure their browser to be notified before accepting ‘cookies’. To do this, the user will configure his browser.
TERMS OF SUBSCRIPTION OF ORDERS AND DESCRIPTION OF THE PURCHASE PROCESS
We will define below as “BASKET” the intangible object grouping all the goods or services selected by the user for purchase by having clicked on these objects. As soon as the internet user considers that he has selected and added to his basket all the items he wishes to buy, he will have the option, to confirm his order, of accessing his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will become aware of the number and characteristics of the products ordered, as well as their unit price.
If he wishes to validate his order, the internet user will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to enter a certain number of personal data concerning him, necessary for the proper progress of the order. Once the user has completed the form, he will then be redirected to the online payment interface in which he can make his payment by online bank card or by PayPal type transfer. After a few moments, the user will be sent an email confirming the order, reminding them of the content of the order and the price thereof.
The prices indicated on the site are understood in Euros, all taxes included. These prices can be modified at any time by SEMAJe, it is up to the buyer to check the conformity of the price during the validation of the order.
The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
The internet user can place an order on this site and can pay by credit card, bank transfer and Paypal. Credit card payments are made using secure transactions provided by an online payment platform provider.
This site does not have access to any data relating to the user’s means of payment. Payment is made directly in the hands of the service provider. In the event of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof thereof by all means. The availability of products is indicated on the site, in the description of each item.
DELIVERY OR PROVISION
The delivery costs will be indicated to the customer before any payment. The https://www.semaj.fr site has no geographic delivery limitation, orders can be shipped anywhere in the world.
The site undertakes to dispatch the products within a maximum period of 15 days maximum after receipt of the order.
An additional shipping time is expected for the works to be framed.
The buyer has the obligation to check the conformity of the goods delivered at the time of delivery. Any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, damaged products, etc.) must be imperatively indicated by the buyer on the delivery slip, in the form of handwritten reservations, accompanied by the signature of the ‘Buyer. The buyer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged goods. At the same time, he will confirm this anomaly by sending the carrier, within 24 hours of receipt, a registered letter with acknowledgment of receipt setting out the said complaints, of which he will send a copy to SEMAJ within the same deadlines and conditions. Failing to comply with these regulations and if, as a result, the seller loses his possibilities of recourse against the carrier, the buyer will bear the consequences of the damage to the transport alone.
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release SEMAJ from any responsibility towards the buyer. Upon receipt of the complaint, SEMAJ will communicate by email, fax or telephone to the buyer the terms of exchange of the products.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to SEMAJ in its entirety, in perfect condition and in its original packaging, by the transporter who made the delivery. Any defect resulting from an awkwardness or a false maneuver of the buyer cannot be attributed to us. In accordance with article L.121-21 and paragraphs of the Consumer Code, the consumer has a period of 14 working days from the date of delivery of his order to return any article that does not suit him and request the exchange or refund without penalty, except for return costs. The product must be returned in perfect condition and in its original undamaged packaging. If necessary, it must be accompanied by all its accessories. If the previous obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his expense. Return costs for withdrawal: return costs in the event of withdrawal remain the responsibility of the buyer and the latter must be able to prove the return of the package by choosing a solution “followed” by the sending of parcel.
After receipt and acceptance of the return, https://www.semaj.fr will reimburse by check or bank transfer. In order to process the request correctly, the customer is asked to attach a copy of the invoice.
If the buyer’s package is returned to https://www.semaj.fr by post or other postal service providers, https://www.semaj.fr will contact the buyer upon receipt of the return package for ask him to follow up on his order. If the buyer has mistakenly refused the package, he may request that it be returned by paying the postal charges for the new shipment beforehand. Postal charges must be paid even for orders whose shipping costs were offered when ordering.
Any delay in delivery greater than seven working days may result in the termination of the sale on the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of thirty days, for the sums he has committed when ordering. This clause is not intended to apply if the delay in delivery is due to a strike by personnel employed by the carrier or to a case of force majeure, beyond the control of the publisher. In such a case, the customer agrees not to pursue legal action against the site and its publisher and renounces to avail himself of the resolution of the sale provided for in this article.
WARRANTY OF PRODUCTS PURCHASED ON THIS SITE
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code.
Guarantee of conformity:
According to articles L. 211-1 to L. 212-1 of the Consumer Code, the seller is required to deliver goods in conformity with the contract and to respond to any lack of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product. However, when the defect has appeared within 6 months of this date, it is presumed to fulfill this condition. However, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of taking possession of the property.
Hidden defects guarantee:
According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the warranty for hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore not result from normal wear and tear of the product for example), and be sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have bought the produced or would not have bought it at such a price if he had known the defect).
In case of nonconformity of a product sold, it can be returned to the seller who will take it back, exchange it or refund it. All complaints, requests for exchanges or refunds must be made by email to the address email@example.com within thirty days from the date of delivery. The shipping costs of returning the goods are the responsibility of the buyer. In case of impossibility of exchange of the product (obsolete product, stock shortage, etc.) the buyer will be reimbursed by check for the amount of his order from which will be deducted the postal costs linked to the sending of the first order.
SEMAJ will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
FRAMEWORK OF CONDITIONS
If any provision of the Terms and Conditions is found to be illegal, void or for any other unenforceable reason, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not transferable, transferable or sublicensable by the user himself.
Any notification or opinion concerning these general conditions, legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service which allows you to regularly follow its packages, at firstname.lastname@example.org, specifying your names, first names, contact details and subject of the notice.
Any complaint related to the use of the website, the service, or any other related service, the pages of the site on possible social networks or the general conditions, legal notices or personal data charter must be filed within 365 days the day of origin of the problem causing the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim will forever be unenforceable in court.
It may be possible that, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information which is in disagreement with the general conditions, legal notices or the charter personal data. In addition, it is possible that unauthorized modifications are made by third parties on the site or on related services (social networks, etc.). We are making every effort to ensure that this type of deviation is corrected.
In the event that such a situation eludes us, please contact us at email@example.com with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For requests relating to copyright, please refer to the section on intellectual property.
© SEMAJshop – All rights reserved – January 01, 2020