GENERAL SALES TERMS

 

 

1 – General Information

1-1. These General sales terms (hereafter known as the “terms”) established by Hybrid's Crib concern sales undertaken on website www.desfigart.com (hereafter referred to as the “Site”). The abovementioned Site is an online marketplace enabling professional sellers (subsequently “Vendors”), registered on the site, to set up a relationship with individual or professional buyers (hereafter “Acquirers” or “Customers”), also registered on the site, with  a view to selling original or authorized copies of artworks (hereafter, the “Products” or “Works”).

1-2. These general sales terms shall systematically be addressed or distributed to each Customer, so that they may place an order. As a consequence, placing an order implies complete and unreserved adhesion to these terms, with the exclusion of all other documents. Therefore, any condition required by the User and contrary to these terms cannot be opposed without an expressly stated prior agreement, in writing, whatever the moment and/ or manner in which it has made itself known.

1-3. The fact that at a given moment, Hybrid's Crib does not refer to these Terms and Conditions may not be interpreted as a cancellation of the application of any of these terms, conditions or clauses at a subsequent date.

 2 – Application of General Sales Terms

 2-1. These terms are applicable to the entirety of sales provided and achieved via Hybrid's Crib, without limitation.

 2-2. The acquisition of a Product supposes the acceptation, by the Acquirer, of the entirety of these terms, and they also declare having full knowledge of their implications.

This acceptation could consist in, for example, the Acquirer ticking the box next to a sentence concerning the consent to these terms. This could for example, be drafted as follows: “I recognise having read and accepted all the terms and conditions applicable to the Site.” Ticking this box is taken as having the same value as a handwritten signature provided by the Customer.

 2-3. When it comes to Customers, accepting the current Terms pre-supposes that they possess the necessary legal capacity for this propose. If a Customer is a minor or does not possess this legal capacity, they must subsequently declare that they have obtained the authorisation of a guardian, or another legal representative. Hybrid’s Crib reserves the right to modify these Terms at any moment by publishing a recent version of them on the Site.

 2-4. The terms applicable to the Customer are those which prevail on the day they place an order via the Site.

 3 – Order – Modification– Billing – Delivery Date

3-1. All orders become definitive once they have been accepted and confirmed by Hybrid’s Crib. As a result, the Acquirer shall make the necessary payment to acquire the works once the Vendor has ensured the availability of said Work. Should a Product be unavailable, the Customer shall not be charged, and the order shall be cancelled.

 Should the work be unavailable to the Customer, all payments shall be cancelled five working days after their order has been processed.

 3-2. All orders require payment. Deliveries and associated supplies shall only be effective in exchange for immediate payment.

 3-3. The products sold remain the property of the Vendor until their entire price has been paid, in conformity with the clause determining ownership. No order shall be taken into account before the payment of the entire sum owed to Hybrid’s Crib has been processed. However, sales concluded between the Vendor and Customer are subordinate to the resolutive condition that the work be available and that the monetary transfer has been received in due course by Hybrid’s Crib.

3-4. All orders processed via the site must be duly filled in and must contain the information necessary for delivery. The Customer is able to make changes, corrections, additions, or to cancel the order, and this, right up until order validation. Should Hybrid’s Crib fail to accept the cancellation of an order by the Customer because the order has already been validated, payments made cannot be returned. Any modification brought to an order, leads, at the discretion of Hybrid’s Crib, to the fully legitimate cancellation of terms previously accepted as far as price, delivery date, payment conditions and mode of delivery are concerned.

3-5. Following confirmation that the Product ordered by the Customer is available, and upon confirmation of the associated payment reception, Hybrid’s Crib shall organise the delivery according to pre-arranged conditions. In the event of these conditions not being fulfilled, or if the Customer refuses to collect the delivery, Hybrid’s Crib can either ask for the execution of these terms, or, after their application, have a right to cancel the sale and require damages and interests which are fixed at a rate of thirty percent (30%) of the price, including tax, and this possesses the value of a penalty clause.

3-6. Any products supplied are associated with the emission of an invoice detailing payment proceedings. Any partial payment constitutes a deposit.

4 – Price

 4-1. All prices displayed by the Vendor are given in Euros, including taxes, and take into account VAT applicable on the day of the order, irrespective of a possible participation in handling and delivery fees.

Rates may be modified over the course of a year, especially to take into account significant variations in the value of raw materials, currency parity and the evolution of rates offered by our Vendors. Any new rates are immediately applicable.

4-2. The Vendor reserves the right to bring modifications to the prices displayed on the site at any moment, and for this to reflect, if applicable, any change in the VAT concerning the price of products featured on the site.

 4-3. Hybrid’s Crib has chosen high performance and reliable tools when it comes to the safety of payment methods. As a result, the Customer can also undertake payment using Stripe.

Settling purchases made through the site may also be take place via a direct transfer to the Hybrid’s Crib bank account.

Should payment be undertaken by bank transfer, this transfer will have to be completed in less than five working days after the date when the order was placed.

 4-4. The delivery dates covered by these terms are only effective once the payment has actually been received by the Vendor, the latter may provide evidence of this by all methods.

 5 – Delivery

5-1. The Customer shall be informed of any delivery fees before payment. The site has no geographic limitation regarding deliveries, orders may be despatched to any location in the world.

5-2. Delivery dates are effective from the latest of the following dates onwards:

- date when the order was formally recorded,

- date when the payment was effectively processed,

The delivery date and, if applicable, the execution of associated services, are specified upon validation of the order. As an indication, delivery dates are, on average, 3 to 5 working days for products sent to mainland France, from 2 to 8 weeks for products sent abroad. It is expressly accepted that these deadlines are merely indicative and that their non-respect may in no way involve the responsibility of Hybrid’s Crib.

5-3. Should a product be delivered outside of the European Union, the customer declares that they are the importer of the product and accepts that in such a case, it is the vendor’s responsibility to communicate precise information as to the total cost of fees associated with potential border tariffs as well as import taxes applicable in the State where product delivery is required.

5-4. Hybrid’s Crib pledges to do its best to keep to the delivery dates supplied once an order has been confirmed. However, a possible delay shall lead neither to an order being cancelled, nor to penalties. A delivery delay may in no way lead to order cancellation.

 5-5. The Customer may refuse a consignment upon delivery if they state an anomaly concerning this delivery (mishap, product which does not match information on delivery form, damaged packaging, broken products, etc.). Any anomaly must imperatively be indicated by the customer on the delivery form, handwritten and accompanied by the customer’s signature. To exert their right of refusal, the customer will have to open the defective consignment(s) in the presence of the courier and hand them back the faulty goods. If they do not conform to these guidelines, the client shall not be able to exert their right of refusal and Hybrid’s Crib has no obligation to accept a subsequent assertion of the customer’s right of refusal.

Should the customer refuse a consignment by mistake, they may ask for it to be sent beck, having paid the postal fees relative to this new delivery in advance. Postal fees will have to be paid, even for orders whose delivery fees were free when the initial order was placed.

6 – Right of Withdrawal

 6-1. Should the delivered products not meet customer expectations, Hybrid’s Crib may, with the reservations listed subsequently, accept that the products concerned be returned and, either exchange the product, or issue a voucher whose sum is equivalent to the price originally billed, with a deducted rate of obsolescence applicable to the products whose return has been accepted (excluding packaging and transport costs) which shall then be credited to the customer’s account.

6-2. Any claim to a refund is subject to the following conditions: 

• The Acquirer has a period of 14 days from the delivery date onwards to exercise their right of withdrawal without extra fees, or a given reason.
• The Acquirer exercises their right of withdrawal regarding Hybrid’s Crib by sending an email to the following address hybridscrib@gmail.com
• Hybrid’s Crib must have accepted the client’s prior request and communicated a file reference number to them, as well as instructions governing return procedures.
• The product must be returned in its entirety, in a pristine state, accompanied by its documentation and its original packaging.
• Return fees are billed to the client, with the exception of returns whose cause could be attributed to Hybrid’s Crib.
• Hybrid’s Crib is responsible for the product, for the entire duration of transport.
• The refund exclusively covers the price of the work and delivery fees. 

Any violation of the conditions above shall lead to the simple rejection of the return consignment, given that Hybrid’s Crib shall in no way endorse responsibility regarding risks relative to the product concerned, even if the latter is stored on its premises. 

7 – Transfer of Ownership

 It has been expressly stated that transfer of ownership is subordinate to the payment of the entire price at the foreseen dates, in keeping with law n°80-335 published May 12th, 1980, even if the products are totally or partially fixed to buildings, whether these buildings belong to the customer or a third party. From the start of the delivery process, the customer nonetheless endorses the risks of product loss or deterioration as well as responsibility for any damages they could incur. The Vendor preserves ownership of the Products supplied until the entirety of the price has been paid.

 Any defect resulting from clumsiness, or an accident caused by the Customer may not be attributed to Hybrid’s Crib.

 8 – Guarantees and Responsibilities

 All the products sold via this site benefit from the following legal guarantees as ensured by French Civilian law:

- Legal Guarantee of Conformity

 According to articles L.217-4 belonging to the French Code of Consumer Rights, the vendor pledges to deliver goods in conformity with the contract concluded between the customer and vendor, and to address any issues of conformity existing during the delivery of said product. The guarantee of conformity may be exerted should a defect exist the day product ownership is transferred. However, when the defect appeared within 24 months following this date (or within 6 months if the order took place before March 18th, 2016, or if the product was sold second hand), it is presumed to have fulfilled this condition.

 Yet in conformity with article L.217-7 of the French Code of Consumer Rights, “The Vendor may oppose this assumption if it is not compatible with the nature of [the Product] or said lack of conformity”.

However, after this 24-month period, it will be up to the Customer to prove that the defect existed when the Product came to be in their possession.

In keeping with article L.217-9 of the French Consumer Code: “in the event of a lack of conformity, the Acquirer may choose between repairing and replacing the goods. However, the vendor may not proceed with the choice of the purchaser if this choice leads to a cost which is evidently disproportionate in comparison to the other option. They must then proceed, unless there is an impossibility, with the choice which has not been selected by the customer”.

 - Legal Guarantees against Hidden Defects

 According to articles 1641 to 1649 of French Civil Code, the customer may demand to exert their right to a guarantee against hidden defects, if the defects presented were not apparent upon purchase, were anterior to this purchase (and not a result of the Product’s habitual wear and tear, for example), and are sufficiently important (the defect must either render the Product improper for the usage it was destined for, or reduce this usage to such an extent that the Acquirer would not have purchased the Product or would not have purchased it at such a price, had they known about the issue).

Complaints and requirements for an exchange or refund regarding a Product which is not in conformity must be made by post or email to the addresses indicated within the site terms and conditions.

In the event of non-conformity of the delivered product, it may be returned to the vendor who shall proceed with its exchange.

If a product cannot be exchanged (product which is obsolete, out of stock, etc.) the customer shall be refunded by cheque or bank transfer of the sum of their order by Hybrid’s Crib. Fees for the exchange or refund proceedings (notably fees for returning the Product) will duly be paid for by Hybrid’s Crib.

- Responsibility

 Hybrid's Crib benefits from professional responsibility insurance should this responsibility be incurred.

In all cases, the responsibility of Hybrid's Crib may not lead to compensation exceeding the sum of money originally transferred by the Customer to Hybrid's Crib.

The Client expressly consents to using the Site at their own risk and under exclusive responsibility. The Site provides information to the Client for indicative purposes - imperfections, errors, omissions, inexact information and other ambivalences are likely to exist.

Hybrid's Crib may in no way be held responsible for the inexecution of the contract concluded due to an unforeseen event and in cases of force majeure.

 9 – Copyright – Confidentiality - GDPR

 9-1. All the elements of this Site are used by Hybrid’s Crib with the authorisation of their Owners/ Vendors.

This Site uses elements (images, photography, content) whose property is the sole preserve of the Vendors.

9-2. All reproduction, representation, adaptation of logos, text content, pictographic elements or videos, without this list being exclusive, is strictly forbidden and classified as counterfeit.

Brands and logos contained on the Site may be registered by Hybrid's Crib, or by one of their partners.

Any person engaged in the representation, reproduction, combination, broadcast or repeated broadcasting may be sanctioned according to article L.713-2 and according to the French Code on intellectual property.

Any Client found guilty of counterfeit activities may have their account cancelled without prior notice or indemnification, and without this suppression being constitutive of any allocation of damages to them, irrespective of potential lawsuits pertaining to them, upon the initiative of Hybrid’s Crib or those they represent.

 9-3. All parties mutually pledge to respect a general obligation of non-disclosure concerning any confidential information, whatever it may be, and whatever the support (discussion reports, plans, exchange of data online, activities, projects, know-how, etc..) exchanged within the frame of execution of these terms, except for information which is generally known to the public or which is in the public domain otherwise than by the fault or actions of one of the parties. The violation of the clauses above could lead, at the initiative of Hybrid’s Crib, to the suspension of deliveries, the suspension of the contract and/or an indemnification of the prejudice suffered. All parties pledge to take the necessary measures to ensure the respect of this obligation of confidentiality, for a duration of two (2) years after the delivery date and ensure the respect of this obligation by the entirety of their employees.

 9-4. If one or the other of the parties should collect, process or simply have access to personal data provided by one or the other party, they must take all the precautions for usage to ensure the protection of the given data by taking all the security measures, notably in conformity with GDPR article 32.

Each of the Parties is informed that the data collected by these Parties within the current setup could be the object of online processing, notably to guarantee the follow-up of contractual relations and the execution of their legal and reglementary obligations.

 10 – Force Majeure

 None of the parties involved may be held responsible for a delay or failure to execute one of the obligations pertaining to them, and contained in the present terms, if this delay or failure is the direct or indirect result of a force majeure in the sense understood by the rulings of the French Court of Cassation, notably the occurrence of a natural disaster, earthquake, major fire, flooding, armed combat, terrorist attack, work related conflict, complete or partial strike, imperative public authority injunction (ban on imports or exports, embargo), industrial accidents, machine breakdowns, explosion, epidemic, pandemic. Each party shall inform the other, without delay, of the occurrence of such an event as soon as they have knowledge of it,  if, in their opinion, it could affect the execution of the contract. Should the duration of this event exceed SIXTY (60) working days, the parties will have to get in contact as soon as possible, to determine, in good faith, whether the terms defined remain applicable.

 11 – Various

 No modification of the terms and conditions presented here shall be valid unless this has been the object of a prior written agreement between parties. The possible annulment of any of the clauses contained in these terms has no effect on the validity of the remaining clauses.

12 – Applicable Law - Mediation – Relevant Tribunals

12-1. All parties pledge to solve any dispute in an amicable manner and within thirty (30) days following the date of notification, by recorded delivery, of a letter to this effect provided by one of these parties to another, upon the initiative of the party claiming prejudice.

 12-2. According to article L.612-1 of French Consumer Code, it is stated that “all consumers have the right to call upon the free services of an ombudsman, with a view to an out of court settlement, in the dispute opposing them to a professional. To this effect, the professional guarantees the consumer the effective availability of ombudsman services”.

To this effect, Hybrid's Crib offers its Customers and Consumers the services of a mediation in disputes where a settlement has not been reached. The contact details of this service are as follows:

 MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION

contact@devignymediation.fr

https://www.devignymediation.fr/consommateurs.php

We remind you that this is not an obligatory process, but that it is suggested to prevent taking disputes to court.

12-3. Any dispute relative to the execution, cancelation or interpretation of these terms shall be subject to the competency of the relevant French legal authorities.

 12-4. These terms are governed by French law.