General Conditions of Sale
Article 1: Purpose & Definitions
1.1. These General Conditions of Sale govern the terms and conditions of sale of all products marketed on the Bodjaro.com Online Store.
1.2. The main terms used in these General Conditions of Sale are defined as follows:
- "Customer" designates any person as a consumer within the meaning of French case law.
- "Company" designates Bodjaro SARL, French Limited Liability Company registered in the Bayonne Register of Trade and Companies under number 915 347 330, whose head office is located at 1H Rue Suhalmendi 64310 Saint-Pée-sur-Nivelle, France. Email: email@example.com
- "Painting(s)" designates all the hand painted Artworks marketed on the Online Shop.
Article 2: Acceptance of these General Conditions of Sale
2.1. The Customer undertakes to carefully read and accept these General Conditions of Sale before placing any order on the Site.
2.2. The Customer confirms his acceptance by ticking the appropriate box in his cart, a mandatory procedure before proceeding to payment and confirm any transaction.
Article 3: Characteristics of the products offered for sale
3.1. The Paintings are already painted before being marketed.
3.2. The Paintings have been subject to a Quality Control by the Company and have been declared "Compliant" (see Bodjaro Quality Charter for further information).
3.3. The Paintings marketed are the exclusive property of the Company.
3.4. The Company provides the Customer with multiple information and characteristics in order to support and guide him in choosing the Paintings that pleases him. The main characteristics are as follows: title, format, orientation, Artist, style, theme(s), technique, price.
3.5. The photographs and interior simulation of the Artworks allow the Customer to apprehend the Paintings from several angles but have no contractual value.
3.6. The Paintings are made by Artists residing in France and are all signed.
3.7. The Paintings are Original Artworks, imbued with the personality of the Artists.
3.8. The Paintings are entirely hand-painted and unique. Paintings by the same Artist can sometimes be artistically close and present similarities.
3.9. The Paintings are accompanied by a Certificate of Authenticity completed and signed by the Artist. The latter describes the main characteristics of the Artwork (Artist, title, format, year of creation, orientation, technique, support) and certifies the authenticity and the unique and original character. The Certificate of Authenticity is written in French.
Article 4: Orders and Sales Contract
4.1. The Customer places an order through the following steps:
- The Customer fills the cart with the desired Paintings.
- The Customer confirms that he or she has read and accepted these General Conditions of Sale by ticking the box provided for this purpose in his cart.
- The Customer connects to his Customer Account if he has one or enters his contact details directly (contact email, first and last name, delivery address etc.).
- The Customer can enter a billing address different from his delivery address.
- The Customer enters the terms of payment.
4.2. The order becomes final when the Customer confirms his order by pressing the "Pay now" button. The customer then receives an order confirmation email from the Company, thus forming the Sales Contract.
Article 5: Gifts
5.1. In the case of a Gift, the Customer has the option of entering a personalized message which will be printed by the Company and attached to the package. To do this, the Customer must enter the personalized message in the text box provided for this purpose and available in the Cart before making payment.
5.2. The Customer has the option of sending the package directly to the address of the recipient of the Gift. In this case, the Customer must enter the recipient's address in the delivery address. If he wishes, he can enter a billing address different from the delivery address. By default, the billing address is the same as the shipping address. Order confirmation and delivery notifications will be sent to the email address provided in the “Contact” field.
Article 6: Delivery
6.1. Delivery costs are included in the selling price for all orders delivered, regardless of the size of the Paintings transported.
6.2. Considering the value of the packages, deliveries are made to your home, with personal delivery and signature of the recipient.
6.3. Deliveries are mainly made by carriers Colissimo and DHL, depending on the destination and size of the packages. These two carriers were selected for their reliability, quality of service and territorial coverage.
6.4. As soon as your package is shipped, the Customer receives a tracking number by email allowing to follow delivery in real time, directly from the carrier. The tracking number is also available on the Bodjaro Customer Account.
6.5. In the event of unavailability, the Customer has the option of rescheduling the delivery date. These provisions vary depending on the country of destination. The Customer can connect to the carrier's website using the tracking number of the package sent when the order is shipped.
6.6. The packaging has been custom-made in double grooves to ensure optimal protection of the Paintings and the packages are exclusively shipped by the Company for careful and surprise-free delivery.
6.7. Delivery times correspond to order preparation times to which transport times are added. Average delivery times are between 2 and 6 working days depending on the destination (non-contractual indicative duration).
6.8. Thanks to the know-how of the Bodjaro teams and the quality of the packaging, it is extremely rare for an Artwork to be damaged during transport. In case of doubt, the Customer must open the package in the presence of the delivery person. In the event of proven deterioration, the Customer shall take photos of the damaged packaging, the damaged Painting and the label, and then refuse delivery. The Customer will contact the Company within 48 hours.
Article 7: Price and Payment
7.1. Depending on the country, the prices of the Paintings are expressed in Euro or in local currency when available.
7.2 Taxes are included for all orders delivered in Metropolitan France, Monaco and within the European Union.
7.3 For all orders outside the European Union / Monaco, delivery is considered as an importation of goods for the recipient Customer. Customs fees and/or local taxes may be claimed by the customs and tax authorities of the country of destination. These additional costs are not included in the prices of the Paintings. Generally, these costs are notified to the Customer by the carrier in charge of delivery at the time of customs clearance in order to release the goods. The Customer can pay them online on the carrier's website or directly to the delivery person when the option is available. If in doubt, the Customer can contact Bodjaro Customer Service before ordering in order to obtain additional information on these taxes.
7.4. The Company provides the Customer with a secure payment module allowing payment by credit/debit card.
7.5. The payment order made by credit/debit card cannot be canceled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal from the Order, applicable depending on his delivery area.
Article 8: Order Confirmation and Tracking
8.1. The order is only completed once all stages of the ordering process have been validated.
8.2. The Company sends an order confirmation email to the Customer including the main characteristics of the order placed.
8.3. The Customer has the possibility to log into his customer account to access his orders and track his package.
8.4. An Invoice is printed and attached to the package.
Article 9: Right of Withdrawal
9.1. In accordance with the provisions of article L. 121-21 of the Consumer Code in France, the Customer has a right of withdrawal of 14 days from the date of receipt of his order, for any order delivered within the European Union.
9.2. In order to exercise his right of withdrawal, the Customer must attach to the return package a letter requesting the exercise of the right of withdrawal, mention the Order number and attach a copy of the corresponding invoice.
9.3. Returns must be made in their original condition and complete. Any damage suffered on the Painting may be likely to limit the Right of Withdrawal.
9.4. Any returns should be sent to the following address: Société Bodjaro, 1H Rue Suhalmendi 64310 Saint-Pée-sur-Nivelle, France. Return delivery costs are under the responsibility and at the expense of the Customer (estimate between €20 and €80 for a Painting depending on the size and country of shipment). The 14-day deadline must be respected, the Carrier's stamp being taken as proof. Any failure to comply with the procedure may result in the refusal of the right of withdrawal.
9.5. In the event of exercising the Right of Withdrawal, and subject to compliance with deadlines and non-deterioration of the Painting ordered, the Company will refund the sums paid within 14 days of receipt of the return package.
Article 10: Legal Guarantees
10.1. In accordance with the legal provisions in France, the Paintings marketed benefit from the French legal Guarantee of Conformity and the Guarantee against hidden defects.
10.2. In the event of proven non-compliance or hidden defects, the Customer may request a refund or exchange.
Article 11: Liability
11.1. The Company cannot be held liable for damage resulting from the use of the Internet network such as intrusions, viruses, loss of data or other unintentional problems.
11.2. The Company cannot be held liable if execution of the Contract is delayed or prevented due to a case of force majeure.
Article 12: Intellectual Property
12.1. In the event of the sale of a Painting, the Company only transfers the material support to the Customer. In accordance with articles L121-1 to L122-12 of the Intellectual Property Code in France, and although certain property rights may have been acquired by the Company, intangible property and moral rights belong to the "Author-Creator" of the Artwork; namely the Artist.
12.2. All elements present on the Online Shop such as logos, photos of the Paintings, texts, visuals are the exclusive property of the Company. Any reproduction, exploitation, use, even partially is strictly prohibited.
Article 13: Conflict Resolution
13.1. In the event of a dispute, and in the interest of the Customer and the Company, the parties undertake to find an amicable solution.
13.2. French law is applicable to the contractual relationship between the Customer and the Company and any dispute arising from this relationship is the exclusive jurisdiction of the French courts.
Article 14: Data Protection
14.2. The data collected is used to improve the Customer's experience when browsing.
14.3. The Company stores Customer data confidentially and in accordance with the current legislation.
14.4. Customers have the option of unsubscribing by clicking on the hypertext links provided for this purpose or by sending an email to the following address: firstname.lastname@example.org.
14.5. In accordance with Law n°78-17 of January 6, 1978 relating to Data Processing, Files and Freedoms and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the COMPANY ensures the implementation of the rights of the persons concerned.
14.7. In accordance with the provisions of article 38 of the amended Data Protection Act in France and the provisions of article 21 of the GDPR, the Customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and free of charge. To do so, he must send an e-mail to the following address: email@example.com or by post to the following address: Société Bodjaro, 1H Rue Suhalmendi 64310 Saint-Pée-sur-Nivelle, France.
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