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The present general conditions of use and sale detailed below (hereinafter referred to as the "General Conditions"), govern the contractual relations between any user of the site https://www.studio-pop-art.fr/ ( hereinafter referred to as the "Site") wishing to make a purchase from Studio Pop Art via the Site (hereinafter referred to as the "Customer") and the self-employed company STUDIO 186.
STUDIO 186 is registered with the Gard Chamber of Trades and Crafts.
SIRET number: 524 363 629 00048.
pop art studio has as its main activity the sale of goods on the site. As such pop art studio is subject to the French laws in force, in particular the law “Informatique et Libertés” and the law “For Confidence in the Digital Economy”, in its capacity as a distance seller via the Internet.
The general terms and conditions of sale detailed below apply to all orders placed with STUDIO 186, for all items and services offered on the MonTableauPersonnalise.fr website, unless there is a different prior written agreement. These general conditions of sale are systematically offered to you when placing an order.
It is specified that you can save or print these general conditions of sale.
All commercial operations carried out by our company are subject to these general conditions of sale which govern the contractual relationship between any user of the site https:// www.studio-pop-art.fr / wishing to make a purchase via the Studio Pop Art website and the company STUDIO 186, registered in the register of the Gard Chamber of Trades and Crafts. under the SIRET number: 524 363 629 00048, (hereinafter referred to as "STUDIO 186").
At any time, pop art studio may have to modify some of the provisions of these General Conditions of Sale. Consequently, it is necessary to read the version in force on the day of the order on the Site. These modifications are enforceable from the time they are put online and will be applied to orders placed after they are put online on the Site.
The last update date of the general conditions of sale is indicated at the bottom of this page, in the “Update” paragraph.
Any purchase on the Site is subject to all the clauses of the General Conditions. The Customer will only be able to validate his order after having duly read the General Conditions and having accepted them by ticking the box dedicated to this purpose. By validating the General Conditions, the Customer declares to have the legal capacity allowing the conclusion of a contract within the meaning of articles 1123 and following of the French Civil Code.
For the understanding of the General Conditions, the following terms should be defined:
- Territory: Refers to France and Belgium.
- Users: Refer to any person located in the Territory connecting to the Site.
- Classic Sale: Refers to the permanent sale of a product in the catalog.
- Preview Sale, Flash Sale or Event Sale: Refers to the one-off sale of a product for a limited period of a few days varying according to the products and specified on their sales sheet.
The products sold by pop art studio on the Site (hereinafter the "Products") are described on the site. They will be the subject of an individual product sheet which will present at least the essential characteristics of the product from the information provided by the partners, suppliers or manufacturers. The products will also be the subject of a presentation by photos, without contractual value. Mon Tableau Personalized may also offer “Promotions”: the products which are subject to them (on the price or on any other characteristic such as delivery, quantity, etc.) will be sold during the lapse of a period and/or a limited quantity.
4. Terms of order
Orders are placed exclusively on the Internet according to the following steps:
- the Customer fills his basket of Products,
- the Customer creates his account or connects to his account if he is already a member of the site www.studio-pop-art.fr,
- the Customer fills in the information concerning his delivery details,
- the Customer is informed as to the method of delivery and the amount of the delivery costs,
- the Customer chooses his method of payment,
- the Customer validates the General Conditions and his order,
- finally, the Customer receives an e-mail confirming his order.
The Customer is required to verify the completeness and veracity of the information he provides to Studio Pop Art when ordering and particularly his delivery address. The order validation e-mail signifies the acceptance by Studio Pop Art of the Customer's order and thus forms the sales contract between the parties according to the provisions of the General Conditions. The information provided by the Customer as well as the General Conditions form the contract concluded between the Customer and Studio Pop Art and will be recalled in the order validation email. The Customer is responsible for keeping this validation email representing his copy of the sales contract. Studio Pop Art cannot be held responsible for the fact that this email is erased by an “anti-SPAM” type device. The Customer may access the content of his order at any time by connecting to the Site and opening the "My Account / My Orders" tab.
The General Conditions can be consulted from any page of the Site.
In the context of Classic Sales, Product offers are valid as long as they are visible on the Site. In case of unavailability of the Product after the order, the Customer will be informed by e-mail or by telephone of the delivery of a partial order or the cancellation of his order. As part of a Flash Sale, Customers can order the Products offered for sale only during its sale period and under the special conditions indicated on the Site.
The selling prices of the Products offered on the Site in the Sales Sessions are indicated in Euros.
Price to pay: The price to pay is the price indicated on the Site in the Product sheet, plus incidental costs (in particular delivery costs and service options) communicated when ordering. It can be reduced by a discount (for example promotional codes or vouchers). The price will not be final until the order is confirmed. All prices are displayed on our Site in euros.
Promotional codes or vouchers: the customer will be able to benefit from promotional codes or personal and non-transferable vouchers that he can use when validating his order by entering their reference in the purchase form. It is specified that the promotional codes or vouchers are only valid for the duration indicated by the company Studio Pop Art to the customer.
Shipping costs: Shipping costs are due for each order placed. The exact amount of the shipping costs depends on the delivery method chosen, the place of delivery of the order and its content. The amount of the delivery costs will be indicated in the basket and will be subject to the Customer's approval prior to the validation of the basket. To obtain an estimate, the Customer can carry out a simulation of his purchases on the Site. In any case, this indication remains estimated and only the price retained during the validation of the basket has contractual value, except for exceptions such as delivery difficulties or special delivery methods which may generate additional costs.
Price variations: The prices of the Products appearing on the Site are subject to change. Studio Pop Art reserves the right to change prices without notice, particularly in the event of a labeling error. Subject to the following, the prices appearing at the time of purchase are the prices applicable to this purchase. Although the website is carefully compiled, it is possible that the prices indicated contain errors. pop art studio is in no way bound by its offer and reserves the right to cancel the customer's purchase when such an error occurs.
Foreign currencies: The prices are indicated in Euro. If the currency of payment differs from the currency in which the prices appear, the Customer's bank will apply its exchange rate in effect on the date of purchase, beyond the control of Pop Art studio .
7. Method of payment
Once the GCS have been validated, the CUSTOMER proceeds to the payment of his order, which can be done
• By bank card (for the whole territory) via the third-party service provider Shopify Pay or Alma ensuring the security of transactions. The CUSTOMER must have the following debit or credit card: MasterCard®, VISA® or American Express®.
The Customer indicates his contact details, validates the basket and the total price. He validates his order by clicking on the "Payment" button and is then redirected to a page of our partners Shopify Pay or Alma where he provides his credit card information. The reception of a confirmation by the care of Studio Pop Art validates the sale. The sale is then concluded subject to the condition precedent of the availability of the product and therefore of the receipt of a confirmation sent by Studio Pop Art to the email address indicated by the Internet user during the purchase.
If the payment method selected by the customer is not successful, in particular due to a too low bank account balance or incorrect bank details, the Customer is responsible for all costs incurred by the intervention of a third party to resolve the payment.
pop art studio retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Failure to pay one or the other may result in a claim for the goods. These provisions do not preclude the transfer to the Internet user, upon delivery, of the risks of loss and deterioration of the goods purchased as well as the damage they could cause.
8. Payment Security
pop art studio has chosen high-performance and rigorous tools in terms of securing means of payment. pop art studio has adopted a Shopify Pay solution for payment methods using the SSL (Secure Socket Layer) encryption process, one of the most efficient security systems at present, and which establishes an encrypted connection directly between the Customer and the bank.
Shopify Pay is also PCI DSS certified by Visa & Mastercard, which guarantees a high level of payment security.
pop art studio has no access to confidential information relating to the means of payment that the Customer uses during payment. This is why the Customer's bank details will be requested for each new order. Indeed, only Shopify Pay has confidential information which remains inaccessible to third parties.
Although pop art studio uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. pop art studio cannot be held liable for damage resulting from the use of electronic means of communication, including – but not limited to – damage resulting from failure or delay in the transmission of electronic communications, interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
9.1 Terms of delivery
Products are shipped to the Territory defined in these General Conditions.
Delivery will be made by courier according to the choice of pop art studio (Colissimo, Chronopost, Pickup, UPS or Mondial Relay), depending on the weight and dimensions of the package. The delivery of each product in the basket can be made independently. The Customer must carefully fill in all the fields of the delivery form at the time of the order, including his delivery details and indicate a mobile phone number. Neither pop art studio , nor the transport company can be held responsible for an impossibility of delivery due to inaccuracy or error in the delivery address.
Courier: The smallest or lightest parcels can be delivered by courier. The Customer must indicate a delivery address to which a natural person can receive the package during the first delivery (for example: workplace, home of a friend or family member, concierge, etc.).
9.2 Delivery times
The delivery times indicated during the validation of the order are calculated in working days and are specific to each Product.
9.3 Additional charges
In the event of impossibility of delivery on the day of the Appointment due to inappropriate information, difficulties of access or passage not previously indicated by the Customer or absence of the Customer at the Appointment in violation of the commitments made during the contact, new delivery costs may be invoiced by Mon Tableau Personalized, who will contact the Customer for the payment of these new delivery costs before any new delivery of the Product. In the event of non-payment of these fees, pop art studio reserves the right not to deliver the Product. The risk of damage resulting from these constraints will also be borne by the Customer.
9.4 Postponement of the delivery date/Change of place of delivery
If the Customer wishes to modify the delivery address or postpone the delivery date, he must notify pop art studio as soon as possible and no later than five (5) working days before the scheduled delivery date. To inform Studio Pop Art , the Customer must use the “Contact” section made available to him on the Site or in his “My Account” space. He must recall his order number, the Product concerned and indicate his comments justifying the modifications. pop art studio will then confirm its acceptance or reasoned refusal, by e-mail or telephone as soon as possible.
9.5 Receipt of ordered products
Upon delivery, the Customer must unpack the Product in the presence of the Delivery Person/Courier and check that the Product delivered corresponds to his order and that no damage affects his Product before signing the delivery note. In the event of an anomaly, the Customer must precisely register the nature of his reservations on the delivery note. These reservations must be handwritten, dated, detailed and accompanied by a signature on the delivery note. The mention “damaged product” is, for example, not sufficiently explicit. The Customer must inform the nature of the damage: scratches, bumps, stains, etc. Similarly, if a delivery error is noted, the Customer must specify the nature of the error: wrong color, round legs instead of squares, wrong reference, etc.
In case of error or damage, the Customer must imperatively refuse the Product and send us his reservations within five (5) days by e-mail via the "Contact" section of the Site and simultaneously by registered letter with acknowledgment of receipt to the address indicated by the customer service of Pop Art studio .
Any complaint sent beyond these deadlines cannot be accepted. If the Customer has no reservations, the Product delivered is deemed satisfactory and cannot be the subject of any subsequent dispute. For example, the Customer may not issue reservations either to Studio Pop Art , or with the Delivery Person / Courier, after the departure of the Delivery Person / Courier, even if the package has not been opened in the presence of the latter.
Apart from cases of lack of conformity or hidden defects, no subsequent complaint and/or reservation will be accepted by Studio Pop Art , after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.
To request an order cancellation prior to printing and shipping, the Customer contacts pop art studio by e-mail via the “Contact” section of the Site or by telephone at the number indicated. Whether pop art studio can satisfy the customer's request, a confirmation e-mail will be sent and the Customer will be fully reimbursed, except for the cost of participation in the graphic design :
- 10 euros for the "Meeting Place Card" or "Your photo on canvas"
- 20 euros per face for "Warhol" or "PicsArt"
- 25 euros per face for the "Splash"
- 30 euros per face for the "WPAP"
- 50 euros for the "mosaic photo"
If the Products ordered by the Customer have left the Studio Pop Art warehouse in Nîmes in France and have been picked up by a carrier, it is still possible to cancel the order but, in this case, pop art studio will exceptionally reimburse the customer for an amount equivalent to 50% of the total amount paid (including postage) . The Products will be delivered and the Customer must refuse them at the time of receipt. The Products will be returned to Studio Pop Art.
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
Exercise of the right of withdrawal
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post or e-mail) by post to the address STUDIO 186 , 14 rue Delon Soubeyran, 30900 NÎMES. By telephone on 06 48 44 29 53. By email at firstname.lastname@example.org
Throughout the procedure, the Customer will be informed by e-mail of the receipt of his wish to withdraw, of the return of his package and of the date of reimbursement.
Consequences of the right of withdrawal
You must return or return the goods, to STUDIO 186, 14 rue Delon Soubeyran, 30900 NÎMES, France, without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days. In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first. Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized (objects which have been personalized). As stated in the Consumer Code Article L121-20-2: "The right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned (...)";
- contracts for the supply of goods likely to deteriorate or expire rapidly;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other items;
- contracts for the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
If the customer wishes to return his customizable product, he must return the product at his own expense and Studio Pop Art will exceptionally reimburse the customer for an amount equivalent to 50% of the total amount paid (as soon as possible and at the latest within thirty (30) days of Seller's receipt of the returned product). The refund will be made directly by transfer to the account of the card used for the transaction, or by Paypal, or by check, or with the Buyer's agreement in the form of vouchers. The basis of the refund relates to the totality of the sums paid (Product + delivery costs), but the costs of returning the product are the full responsibility of the Buyer.
The Customer may inform pop art studio the non-conformity of the Product with the object of its order after receipt of the Product. For this, the Customer may use the “Contact” section of the Site. He will describe the non-compliant nature of the Products delivered and his choice between exchange and refund. If the Product initially ordered is no longer available, the customer may request an equivalent Product as a replacement or a refund. pop art studio will describe to him the procedure to follow to return the Products free of charge before receiving the new product or the refund. However pop art studio reserves the right to refuse any exchange, if it would incur disproportionate costs, and to opt for reimbursement.
This procedure cannot be used as part of the exercise of the right of withdrawal, in which case the costs of returning the Product are entirely the responsibility of the Customer.
The Products are guaranteed by pop art studio for one (1) year from receipt of the Product by the Customer if he finds a lack of conformity on the Products. He should contact pop art studio by e-mail via the “Contact” section of the Site. He must also send to pop art studio his request by registered mail with acknowledgment of receipt to the address mentioned in the article "Withdrawal".
- The Product conforms to the Product that was sent to the Customer, without damage or particular modification.
- The defect reported by the Customer is not the consequence:
- abnormal use of the Product;
- normal wear or aging of the Product;
- an accidental event possibly caused by the Customer or a third party.
In addition, the costs of sending and returning the Products remain entirely the responsibility of the Customer.
If the above conditions are met, pop art studio undertakes to repair the Product. If repair is not possible, pop art studio will offer the Customer to replace his Product with an equivalent product or to reimburse it with a purchase voucher corresponding to the value of his first purchase.
pop art studio guarantees the Customer against all the consequences of hidden defects that may affect the Products sold, unless otherwise stated on the Site in accordance with the provisions of French law.
The warranty for hidden defects only applies if the Internet user proves that the defect he has noted already existed before pop art studio does not deliver his product to him. It is the user's responsibility to have the product appraised at his own expense to obtain proof of the existence of the hidden defect.
The responsibility of pop art studio can never exceed the value of the article in question. In addition, no other compensation can be claimed by the Internet user apart from those expressly provided for by the Consumer Code.
13. Intellectual Property
The site www.studio-pop-art.fr is the exclusive property of STUDIO 186 and cannot be used without our prior consent.
The graphic and editorial elements presented on the Site are the property of STUDIO 186 and protected by copyright. The presentation of the products (photographs, videos, drawings, product sheets, etc.), whether for sale or not, are also the property of STUDIO 186 or its partners and cannot therefore be reproduced without the express authorization of their respective holder(s). Any copy or reproduction, any use of all or part of our graphic and/or editorial elements or any presentation of our products is strictly prohibited and constitutes an infringement of our intellectual property rights which will be prosecuted and sanctioned as such. . However, links of the hypertext type to the site are authorized without specific requests.
In order to better serve Users and Buyers, the Seller measures the number of page views, the number of visits, as well as the activity on the Site, and the frequency of return.
To this end, the Seller uses “cookie” technology. These cookies store information relating to the navigation of Users and Buyers on the Site (the pages consulted, the date and time of the consultation, etc.).
The Seller can read this information during subsequent visits. These cookies do not allow the Seller to identify Users and Buyers. The Customer may oppose the registration of cookies by setting his browser as follows:
Users and Buyers can oppose the registration of cookies or be warned before accepting cookies, by configuring their computer as follows:
For Mozilla Firefox
1. Choose the “Tools” menu, then “Options”
2. Click on the “Cookies” tab
3. Choose the desired options
1. Choose the “File” menu, then “Preferences”
15. Privacy Statement
The studio-pop-art.fr site was declared to the CNIL on April 13, 2012 under the registration number: 2032334.
In application of the law n°78-17 of January 6, 1978, it is recalled that the personal data which are requested from the buyer are necessary for the processing of his order.
Studio Pop Art undertakes to use the confidential information of its Internet users only within the framework of the operation of its Site.
pop art studio may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to the site.
Moreover pop art studio only collects personal data such as surname, first name, address and e-mail address if the latter are given to it voluntarily by the visitor. The data thus collected may not be used for commercial purposes other than those referred to on the site or which may be developed later by Pop Art studio .
None of the information may be transferred to third parties without the express consent of the member when registering or later in his data management space. Each member has a right to access, modify, rectify or delete data concerning him (article 34 of the Data Protection Act). To exercise this right, please contact pop art studio by sending an email to email@example.com or, at any time, by modifying their data in “My account”.
ARTICLE 1 – PERSONAL INFORMATION COLLECTED
When you make a purchase on our store, as part of our buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive the Internet Protocol address (IP address) of your computer, which allows us to obtain more details about the browser and operating system you are using.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
ARTICLE 2 - CONSENT
How do you get my consent?
When you provide us with your personal information to complete a transaction, verify your credit card, place an order, schedule a delivery or return a purchase, we assume that you consent to our collecting your information and using it to this end only.
If we ask you to provide us with your personal information for another reason, such as for marketing purposes, we will ask you directly for your express consent, or we will give you the opportunity to refuse.
How can I withdraw my consent?
If after giving us your consent, you change your mind and no longer consent to us contacting you, collecting your information or disclosing it, you can notify us by contacting us at firstname.lastname@example.org or by post to: STUDIO 186 (14 rue Delon Soubeyran 30900 NÎMES, France)
ARTICLE 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions of Sale and Use.
ARTICLE 4 – SHOPIFY
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our services and products to you.
ARTICLE 5 – SERVICES PROVIDED BY THIRD PARTIES
In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions.
With respect to these providers, we recommend that you read their privacy policies carefully so that you can understand how they will treat your personal information.
You may be required to leave our website by clicking on certain links on our site. We assume no responsibility for the privacy practices exercised by these other sites and recommend that you read their privacy policies carefully.
ARTICLE 6 – SECURITY
To protect your personal data, we take reasonable precautions and follow industry best practices to ensure that it is not lost, misused, accessed, disclosed, altered or destroyed inappropriately.
If you provide us with your credit card information, it will be encrypted using the SSL security protocol and stored with AES-256 type encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
ARTICLE 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor in your charge to use this website.
If our store is acquired by or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, file a complaint, or simply want more information, contact our Privacy Compliance Officer at contact@studio- pop-art.fr or by mail to STUDIO 186 (14 rue Delon Soubeyran 30900 NÎMES, France)
16. Disputes and Responsibilities
The Customer is required to verify the completeness, the veracity of the information he provides to Studio Pop Art when ordering and in particular the delivery address. pop art studio cannot be held responsible for any input errors that could cause delivery errors. pop art studio cannot be held responsible for the Customer's failure to comply with the terms of delivery and the Appointment that he himself has set with the carrier. If necessary, the costs necessary for the return and storage of the products will be borne by the Customer. Without limiting the preceding paragraphs, the responsibility of pop art studio may not exceed a sum equal to the amounts paid or payable in the transaction giving rise to said liability, regardless of the cause or form of the action concerned. Are considered as fortuitous event or force majeure exonerating liability all irresistible, unforeseeable facts or circumstances beyond the control of the parties, in particular in the event of a total or partial strike by carriers, riots, war and natural disasters.
The choice and purchase of goods by the Customer are under his sole responsibility. Consequently, the total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of Studio Pop Art , except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal provided for by the French Consumer Code.
17. Settlement of Disputes
The General Conditions will be executed and interpreted in accordance with French law. The parties will seek, before any litigation, an amicable agreement, being reminded that the latter does not interrupt the deadlines for acting as a guarantee. Any litigation of any nature or any dispute relating to the formation or the execution of the order, even in the event of recourse in guarantee or of multiple defendants, will be in the absence of amicable agreement of the exclusive competence of the courts in the jurisdiction of which is the head office of Pop Art studio . The jurisdiction of the courts will be in accordance with the rules of the Code of Civil Procedure when the buyer does not have the quality of professional.
The General Conditions, orders, correspondence e-mails as well as the sales contract concluded with the Customer are in French for the Territory.
19. Severability of clauses
If for any reason one (or more) of the clauses of these General Conditions of Sale were to be pronounced as null, unenforceable, null and void, illegal or inapplicable due to a law, a regulation or following a final decision of a competent court, this modification cannot call into question the validity, legality, applicability of the other stipulations of these General Conditions and will not exempt the Internet user from the performance of his contractual obligations.
The update date for these terms and conditions is December 13, 2022.