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Ultrashop.fr General Terms of
Conditions of Use and Sale /
transport and delivery

Last amendment: 28/04/2018

Ultrashop – 170 avenue Henri Ginoux
immeuble Le Socrate – Boite 57
92120 Montrouge – France
Siret N°: 41223443700033
Intra-community VAT N°: FR7741223443700025
Tel.: 00 33 6 12 80 21 12 or 00 33 6 12 80 21 12
Email: contact@ultrashop.fr
Publishers: Stéphane Bienfait and Eugénie Lavenant
Design and production: https://ultradesign.tm.fr
Writing: Stéphane Bienfait
Translation: Louise Jablonowska
Hosting: OVH – Roubaix France
Website: www.ovh.com
© 2016 Ultrashop. All rights reserved.

GENERAL

The general terms of conditions of use and sale are intended to define worldwide, the contractual relations between Ultrashop and all users of the ultrashop.fr website resulting from the online sale of available and accessible works. The Ultrashop.fr website is accessible for consultation and to place an order 24/7. User navigation is free and without any obligation to place an order. You must be over 18 years and claim to have the legal capacity to enter into a contractual agreement via Ultrashop.fr and in compliance with these general terms of conditions of use and sale. Our website may potentially contain links to other third party websites and resources. Ultrashop.fr regularly updates its data and reserves the right to correct and modify its content without notice, at any time and without prior notice. We cannot guarantee the accuracy of the content on the site in full. We reserve the right to momentarily halt access to our website if necessary, or even suspend it for a temporary or definitive period. Ultrashop.fr strives to represent the works and their characteristics on its website as best it can. However, due to their settings, monitor displays may alter how a work is perceived. Ultrashop cannot be held responsible for this visual alteration.

Scope of application

The client states to have acknowledged and accepted these general terms of conditions of use and sale before placing any orders. These determine the rights, applications and obligations between the customer and Ultrashop, they are considered acceptance of these current general terms of conditions of sale, when all orders are placed and paid for. By accepting these general terms of condition on behalf of a company or any other legal entity, you represent and guarantee that you have the authority to bind this company or legal entity to these general conditions and, in such a case, “you” or “your’ will refer to this company or legal entity. The general terms of conditions of use and sale take precedence over any other conditions, with the exception of those accepted by Ultrashop in writing. Our general terms of conditions of sale also apply to all future contracts with the client. Ultrashop reserves the right to modify these general terms of conditions of sale without prior warning. The ones that are online the day your order is received are applicable.

Prices

The price for a work indicated in euros inclusive of all taxes is applicable on the date of receipt of the order by Ultrashop, it takes into account the VAT in effect on the day of the order, it is recorded on the order confirmation summary email. The price indicated on navigating the Ultrashop.fr website does not include the shipping fees for delivering the work, unless specifically stipulated otherwise. These shipping fees result in additional charges applied during the checkout process, they are subject to VAT at the rate in effect. If this rate is modified, the changes will be apportioned to the price of the articles without the customer receiving prior notice. For any work shipped beyond the European Union and French overseas departments and territories, customs duties or other local taxes may be payable. These duties and amounts fall outside the jurisdiction of Ultrashop.fr. They must be paid by the customer as an importer of goods and are his/her full responsibility in terms of declaration as well as payment to the relevant and organisations in the country to which your order is being shipped.

Conclusion of the contract

For most of the works, the print is made to order for the customer. Withdrawal cannot be exercised apart from the copyright generated. In exercising this right of withdrawal, the customer must return all the documents delivered. If the latter omits to return any or parts of the documents, reimbursement cannot take place. According to article L121-20-2 of the French Consumer Code contracts relating to the “supply of clearly personalised goods […]” are not subject to the right of withdrawal. Any work produced by Ultrashop benefits from the legal guarantee of conformity under articles L.211-4 to L.211-14 of the French Consumer Code and the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code. Under these guarantees Ultrashop agrees to exchange it. The guarantee does not cover any damage, breakage or dysfunction resulting from failure to observe precautions for use. The order is considered definitive from when Ultrashop sends email confirmation to the customer, and the sale of the work will not be recognised until after the customer has paid the corresponding price. The data recorded by the website constitutes proof of all transactions between Ultrashop.fr and its customers. Archiving of communications, order forms and bills is carried out on a reliable medium.

Applicable law and jurisdiction

The regulations of other countries do not apply to Ultrashop. If a stipulation of these general terms of conditions of sale is regarded as invalid under any law or following a definitive decision by a competent court, other stipulations shall remain in force to their full extent. These general terms of conditions are interpreted and executed according to the law of the country hosting the site and the legal registration of its author. In the event of dispute, the customer will try with Ultrashop to find an amicable settlement as a priority. Failing that, the court of Paris is the only court qualified on the matter.

Force majeure

Any event due to force majeure in the sense of the legislation of the Court of Cassation totally exempts Ultrashop.fr from all responsibility. Defined as such: strikes, closures, administrative action, shortages of energy and raw materials, impediments caused by fire, water, damage due to machines, thunder and any other handicap that cannot be predicted by Ultrashop.fr. Ultrashop immediately communicates the start as well as the main point of such impediments to customers.

WORK AND
PROPERTY

Work of art and use

A work of art is defined by the Decree N 91-1326 of 23 December 1991 under 3-1 of article 4 of law n° 91-716 of 26 July 1991 and related to the definition of original works of art in Article 291 of the French General Tax Code. Like any original work, it is marked by the author’s sensitivity and personality and cannot be a copy or an inspiration similar to a work already produced. The International Property Code protects all works. Limited series are numbered and signed by the author. Once a series is complete, there is no additional print run. All works are subject to environmental influences; its appearance and colour may change over time. It should not be exposed to direct sunlight, should not be positioned close to a source of heat or be subjected to high humidity other than temperature controlled ambient air. This definition includes hanging outside, in basements, bathrooms or kitchens. According to the work chosen and its exposure conditions, these alterations cannot in itself constitute a hidden defect or a defect. The damage caused by normal wear, the lack of care and inappropriate storage are not covered by legal guarantee. All works must be handled with care.

Intellectual property

Any content on the Ultrashop.fr website, whether visual, sound, textual or identity, including the underlying technology, is protected by copyright, trademark or patent and are works in themselves according to the provisions of article L112-1 of the Intellectual Property Code. Any total or part reproduction or representation of this website and the components that form it, by whatsoever process, is forbidden without the express authorisation of Ultrashop.fr. This would be an infringement sanctioned by articles L 335-2 and seq. of the Intellectual Property Code. You can however print a copy or download extracts from certain pages of our website for your personal use. The artist is the only copyright holder of his/her creation. The customer’s rights over a work purchased are therefore limited to private use, excluding all rights of representation, reproduction and marketing of it. The customer may resell a work purchased to a third party on one condition that it is limited to private use. We reserve the right, if applicable, to withdraw our consent at any time without any warning.

PERSONAL
DATA

Protection of personal data

Personal information is necessary to process orders as well as in connection to the information that we send you. It is also useful to process and pay for orders. This information is stored for security purposes in compliance with legal and statutory requirements. For added security whether regarding payment for an order or data collection, Ultrashop.fr uses an encryption service via an HTTPS server field. In accordance with the law n° 78-17 of 6 January 1978 (information technology and individual freedom), you can access this information, request its modification or amendment as well as request to be deleted from our database. You can exercise this right by sending an email to us: contact@ultrashop.fr. No personal information collected is sold or rented to third parties for unauthorized purposes

Cookie

A cookie is a small file that enables the information intended for you to be improved and personalised, this is transferred from our website to your computer via the browser used. It enables us to interact with you using the tools provided, to process your basket, your orders and to analyse the traffic data between our website and users. If you wish you can block the cookies by modifying your preferences in your Internet browser.

ORDER
AND PAYMENT

Creation of a user account

To buy a work through the Ultrashop.fr website, you can make ordering easier by creating an account straightaway via the “Login” page of the website. In order to do so, you will be asked to complete the online registration form by providing a valid email address, a password and some personal information. When the account has been set up, you become a “user”. You agree to provide us with correct and valid information as well as to update it. Your account is then accessible via your passwords. Ultrashop reserves the right to suspend or close any account if the information provided turns out to be false, invalid or contrary to our conditions of use and sale and that would contravene the security of the data and transactions. You are responsible for ensuring that your password is not disclosed. You agree not to disclose the information to a third party and to take entire responsibility for all the activity and action carried out under your account. You will contact us immediately regarding any fraudulent use of your account. In the event of a dispute, Ultrashop.fr reserves the right to suspend or cancel the account and to cancel or refuse any order connected to it. Also, you can choose to fill in the order request form as a “guest”, this procedure records your order but does not validate it as a “user”. In accordance with 1369-5 of French Civil Code, before completing the order, the customer can check the detail of it and the total price as well as modify the content. It is your responsibility to check your ability to take delivery of a work and to ensure that it can be delivered to the address without any problems. Any information required on the form validating the order must be provided accurately, particularly the delivery address. Any additional costs linked to a potential delivery complication will be added to your bill or invoiced in addition.

Ordering products

Orders are placed, received and processed through our Ultrashop.fr website. To place an order, the customer must fill their virtual basket with the selected products in the quantities desired, click on the “checkout” button and provide the information relating to delivery and the form of payment if this has not been registered beforehand via the “login” page of the Ultrashop website.

Order Validation

We reserve the right to refuse any order for legitimate reasons, particularly for abnormally high quantities of products for any buyer or in the event of payment problems. We reserve the right to request any additional identification if we believe it necessary. We reserve the right to refuse any order in the event that the price displayed or even paid by the customer, is inexact, due to a malfunction of any kind.

Payment

The total of the invoice is payable after confirmation of the order. Several means of payment are possible to pay for an order placed on Ultrashop.fr.
– Credit card, Visa and Mastercard secured by our partner Stripe.
– Cheque or bank transfer; the order will only be processed after the bank has received payment.
The customer certifies on payment, that he/she is the owner of the bankcard and that there are sufficient funds to pay for the order. The sale is subject to processing as soon as the customer clicks on the “Checkout” button. An email acknowledges the order and payment at the earliest opportunity. Ultrashop.fr uses a secure payment system Stripe, SSL security standard (Secure Socket Layer), a protocol coupled with encryption so as to protect any valuable data associated with your payment without going through the physical media of the Ultrashop.fr server. This electronic payment system issues an electronic certificate that is proof of the amount and the date of the transaction in line with the provisions of articles 1316 and seq. of the Civil Code. The card is debited when the order is validated. Registration of the transaction is subject to an authorisation request to verify the card. Ultrashop refuses to honour any order that is not settled in full or if there is an on-going payment dispute. Ultrashop.fr also reserves the right to cancel any sale made through its website, at its sole discretion, if it considers that the work has not been sold at the right price.

Change of order

Any change made to an order, regarding the delivery address or any other information after confirmation, is subject to acceptance by our services. We inform the customer immediately if it is conceivable and what the changes and additional costs are.

TRANSPORT
AND DELIVERY

Each work is packaged according to its individual nature. The delivery fees are the customer’s responsibility in full and vary according to the place of delivery, the number of works and formats. Additional costs may be added for any delivery scheduled in any place requiring special attention. These costs are indicated on the order summary page. The delivery address designated by the customer may be different from the billing address. We deliver to the address indicated by the customer when ordering. All delivery estimates at the time of the order validation and confirmation are subject to change. The production of a work of art made to order may be delayed depending on its constituent elements. You will be informed of any marked change. A possible delay does not give the customer the right to cancel or refuse an order, or to seek damages. Ultrashop.fr cannot be held responsible for consequences due to delayed dispatch. The entire order is sent where possible in one batch. Ultrashop.fr reserves the right to choose its carrier. The delivery times advised in the characteristics of the works for sale are only a guideline. Any estimation cannot be rebuked due to the artisanal character of the production. The maximum delivery time for products sold on Ultrashop.fr is 12 months. As soon as the order is received, the customer or anyone authorised by the customer is required to verify the received goods and implicate the carrier in the event of damage before accepting it. If the box is slightly damaged from impact, the customer specifies it with precise and detailed information. For example “upper left corner a little crushed” or “wet cardboard”. Quoting “received pending unpacking” is not sufficient for a claim. Check the content of the package. If the work is damaged, do not sign the delivery note. These concerns must be communicated within the 48 hrs following delivery at: contact@ultrashop.fr. and must be confirmed at the same time to the carrier by registered mail with acknowledgment of receipt. Ultrashop may potentially ask the customer to provide a photo of the damaged parts to enable appropriate action to be taken. The products may be returned in their original packaging or in equivalent packaging. No claims are acceptable if the delivery note is signed. All parcels are insured and delivered by contractors.