General terms and conditions of sale and use

ATELIER DE PEINTURE MARC FOLLY

Head office: 14 Allée des cerisiers 69540 IRIGNY

SIRET n° 40013538000022

Contact: mf@marc-folly.com

Please read these Terms and Conditions carefully before accessing or using our website.

OVERVIEW

This website is operated by Marc FOLLY. On this site, the terms “we”, “us”, “our”, “my” and “mine” refer to Marc FOLLY. Marc FOLLY offers this website and all related services to you, the user, subject to your acceptance of all of the “Terms and Conditions of Sale and Use” set forth below.

By visiting, using any part of this site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the terms and conditions of the “Terms and Conditions of Sale and Use”, including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including but not limited to users who browse the site, are sellers, customers, merchants, and/or content contributors.

Any new features and tools added to this store in the future will also be subject to these Terms and Conditions. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on WordPress and woocommerce. They provide us with the e-commerce platform that enables us to sell our products and services to you.

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these Terms and Conditions, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements for the connection of networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 – PRODUCTS OR SERVICES

Some products or services may only be available online on our website.

We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

Any offer of services or products presented on this site is void where prohibited by law.

It is your responsibility to check with local authorities about the possibility of importing or using the products or services you intend to order or use.

ARTICLE 4 – PRICES

The prices of our products are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated, and inclusive of processing and shipping costs.

If you order from a country other than mainland France, you are the importer of the product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are beyond the control of Atelier de peinture Marc FOLLY.

You will be responsible for all such costs, both in terms of declarations and payments to the relevant authorities and organizations in your country. We advise you to check with your local authorities.

All orders, whatever their origin, are payable in euros.

We reserve the right to modify the prices of our products at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.

The products remain the property of Atelier de peinture Marc FOLLY until full payment has been received.

We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.

We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.

ARTICLE 5: ORDERING

Contractual information is presented in French and English and will be confirmed at the latest when your order is validated.

Any order placed on our website implies acceptance of these General Terms and Conditions.

Any confirmation of an order implies your full acceptance of these terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will constitute proof of the transaction.

You declare that you are fully aware of this.

Confirmation of the order will constitute signature and acceptance of the operations carried out.

A summary of your order information will be sent to you in PDF format via your order confirmation e-mail address.

You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

ARTICLE 6: ORDER MODIFICATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we modify an order or cancel it, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to originate from merchants, resellers or distributors.

ARTICLE 7: PAYMENT

The fact of validating your order implies for you the obligation to pay the indicated price.

Payment for your purchases is made by credit card using the PAYPAL secure system.

ARTICLE 8: RETRACTION

In accordance with the provisions of article L.121-21 of the French Consumer Code, you have 14 days from receipt of your products to exercise your right of withdrawal without having to justify your decision or pay any penalty.

Returns must be in their original condition and complete (packaging, certificate of authenticity). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may defeat the right of withdrawal.

Return shipping costs are at your expense.

In the event of exercising the right of withdrawal, Atelier de Peinture Marc FOLLY will reimburse the sums paid, within 14 days of notification of your request and via the same means of payment used at the time of the order.

(Exceptions to the right of withdrawal: article L.121-21-8 of the French Consumer Code)

ARTICLE 9 – INTELLECTUAL PROPERTY

All elements of the site Marc FOLLY Artiste Peintre are and remain the exclusive intellectual property of L’atelier de Peinture Marc FOLLY.

No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, the elements of the site whether software, visual or sound.

ARTICLE 10 – THIRD-PARTY LINKS

Some content, products and services available through our Service may include elements from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.

ARTICLE 11 – PRIVACY POLICY

L’Atelier de peinture Marc FOLLY reserves the right to collect personal information about you. They are required to process your order and improve the services and information we send you. It may also be transmitted to companies that contribute to the proper execution of your order (management, shipping, payment, etc.).

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to personal information and data concerning you directly via your customer account on the website.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been changed or updated.

ARTICLE 13 – PROHIBITED USES

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or third parties’ intellectual property rights;(e) to transmit viruses or any other type of malicious code that will or may be used in a manner that compromises the functionality or operation of the Service or any associated, independent, or Internet web site; (f) to collect or track the personal information of others; (i) to pollute, hijack, extort information from, browse, explore or scan the World Wide Web (or any other resource); (g) for obscene or immoral purposes; or (h) to interfere with or circumvent security measures of our Service, any other web site, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

ARTICLE 14 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time, we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is your sole responsibility. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Marc FOLLY, our employees, agents, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or as to any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 15 – COMPENSATION

You agree to indemnify, defend and hold Marc FOLLY, its workshop, employees and interns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents to which they refer, or your violation of any law or the rights of a third party.

ARTICLE 16 – SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 17 – TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.

If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

ARTICLE 18 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).

Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.

ARTICLE 19 – APPLICABLE LAW IN THE EVENT OF A DISPUTE

These General Terms and Conditions of Sale and Use are drawn up in the French language and shall be governed by and construed in accordance with the laws of France. In the event of a dispute, the French courts shall have exclusive jurisdiction.