general terms and conditions https://www.flashsg.com
information relating to the site https://www.flashsg.com
preamble | seller’s designation
these general conditions of sale and use (hereinafter “cgvu”) govern the contractual relationship for any purchase “work” made on the site https://www.flashsg.com, between any person (individual or legal entity) having placed an order via the said site (hereinafter “the customer”), and :
miss golem sandie (hereinafter “the artist”)
artist-author registered with the cfe urssaf limousin
siret number: 8822354700018
whose head office is located 3 bd de la madeleine le magnan 06000 nice
the customer acknowledges that by ticking the mention “I have read and accept the general terms and conditions of sale”, he accepts the present general terms and conditions of sale.
Consequently, the fact of placing an order implies the customer’s full and unreserved acceptance of these general terms and conditions of sale.
the present general conditions of sale cancel and replace all previous agreements, written or verbal, existing with the customer, concerning the sale of the works and prevail, unless expressly agreed otherwise, over any conditions laid down by the customer.
the customer, prior to his order, declares that the acquisition of these works is not directly related to his professional activity, their acquisition being reserved for his personal use.
as a consumer, the customer has specific rights, which would be called into question in the event that the works acquired within the framework of the website would, in reality, have a relationship with his professional activity.
the artist reserves the right to modify his cgv at any time.
in the event of modification of the cgvs, the applicable cgvs are those in force on the date of the order, a copy of which, dated to date, can be given to the client at his request.
in any event, a customer may consult the current terms and conditions by clicking on the “terms and conditions” link.
article 1. description of the site and works
each work presented on the website: https://www.flashsg.com, is accompanied by a full description of its characteristics in application of article l 111-1 of the consumer code.
the works sold on the website are all original.
A certificate of authenticity established by the artist will be given to the buyer.
article 2. orders
Orders are placed on the https://www.flashsg.com website.
to acquire a work, simply place it in the basket, confirm the order and make payment.
the customer confirms his choice of the work, reads and accepts the present cgv by a click of validation.
the sale will be considered final only after the customer has received confirmation of acceptance of the order by the artist by e-mail or any other written means and after the artist has received the full price.
As each work is unique, the sale is always concluded under the suspensive condition of its availability.
the information on the delivery form is obligatory, it includes the various information necessary for delivery.
article 3. modification of the order
any changes to the commission may not apply to commissioned works, as these are unique works.
Changes to the order requested by the client will only be taken into account with the express agreement of the artist and if they are requested in writing before collection of the price or the start of delivery of the work.
These changes may give rise to a possible adjustment of the price and delivery time.
article 4. prices
the selling prices, in accordance with article l.113-13 of the consumer code, are indicated, for each of the products appearing in the catalogue, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
the total amount due by the customer is indicated on the confirmation page of the order. it includes delivery charges, depending on the option chosen in the order. this amount does not include any dock dues in force in overseas regions.
the selling price of the product is that in force on the day of the order.
the price of a work can be modified at any time, upwards or downwards.
the price does not take into account the not applicable v.a.v.t.
the payment of the totality of the price must be carried out at the time of the order. at no time, the sums paid cannot be considered as down payments or installments.
in the event of delivery to a country other than france, its overseas collectivities or outside the european union, if customs duties, local taxes or import duties are payable, these duties are the responsibility of the customer and are the responsibility of the customer, both in terms of declarations and payments to the competent authorities and/or organisations. it is the customer’s responsibility to obtain information from the competent authorities.
article 5. payment
the price is payable cash and in full on the day the order is placed by the customer.
the payment is made immediately with the order by one of the following methods of payment:
via the paypal payment system.
the shipment of the order takes place only after receipt of payment.
Payments by credit card are debited at the time of the order. In case of unavailability of some of the products ordered, the consumer will be refunded the amounts debited for the unavailable products.
the payments made by the customer will be considered final only after effective collection of the sums due by the artist.
the artist reserves the right to suspend any order management and any delivery in case of refusal to authorise payment by credit card by the officially accredited organisations or in case of non-payment.
the artist reserves the right to refuse to make a delivery or to honour an order from a client with whom a payment dispute concerning a previous order is in progress.
article 6. availability of the works
if it turns out, subsequently, that at the time the order was placed the work was no longer available, the customer will be informed as soon as possible and his order will be cancelled with the reimbursement of the sums paid within 14 days at the latest of their payment.
The artist cannot be held responsible for the non-performance of the contract concluded in the event of the work being unavailable.
article 7. delivery
Delivery costs are included in the sales price.
if the customer is absent at the time of delivery, that he is not going to pick up his package, if the delivery address is not valid, that the package is returned to the artist, a new delivery can be made and the costs of reshipping the package will be charged to the customer.
Delivery times are those announced at the time of ordering. Except in the case of force majeure, if this time limit is not respected, the customer may renounce the purchase under the conditions set out in Article 9.
the delivery will be made to the address indicated at the time of the order within a maximum period of 30 working days in france and 60 days abroad as from the receipt of the totality of the order.
article 8. transfer of risks
the delivery of the works entails transfer of the risks of loss or damage.
Upon delivery, the customer must check the works upon arrival and make any reservations on the transport voucher and notify the artist within 3 working days of delivery.
Failing this, the client will be deemed to have received the works delivered in perfect condition and no claim from the client will be admissible.
The signature without reserve of the delivery order is worth acceptance of the products in conformity and in good condition.
Provided that the customer has made his claims within the time limits set out in this article, any return will be subject to an express agreement between the customer and the artist.
after agreement, the customer must return the products within 14 days. the products must be in their original packaging. otherwise, the return may be refused or the refund reduced.
article 9. right of retraction
as of receipt of the work, the customer has a withdrawal period of fourteen (14) clear days to return the product(s) delivered, for exchange or reimbursement (to be mentioned on a blank piece of paper), without having to justify himself or herself, or pay a penalty, to the following address:
mademoiselle golem sandie 3 bd de la madeleine le magnan 06000 nice
any return must be notified in advance to the artist:
by email at the following address: firstname.lastname@example.org
Only works returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted.
Any work that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return.
in the event of exercising the right of retraction, the artist will proceed to reimburse the customer within 14 (fourteen) days from receipt of the work, using the same means of payment that the customer used for the initial transaction.
article 10. legal guarantees
The products supplied by the seller are automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
the legal guarantee of conformity, for products that are apparently defective, damaged or damaged or do not correspond to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
this guarantee of conformity runs for twenty-four (24) months from the delivery of the work.
the warranty applies provided that the defect exists on the date of purchase.
the client, in order to make the guarantee come into play, must send the artist a registered letter with acknowledgement of receipt with the delivery note, the invoice, the precise description of the defect noted, and will be reimbursed the value of the work.
The artist cannot be held responsible in the following cases:
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the event of normal wear and tear of the product, accident or force majeure.
the artist’s warranty is, in any event, limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
reproduction of articles l.217-4, l.217-5, l.217-12 and l.217-16 of the consumer code
article l.217-4 :
the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been placed at its charge by the contract or has been carried out under its responsibility.
article l.217-5 :
the good is in conformity with the contract:
(1) if it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter.
article l.217-12 :
the action resulting from the lack of conformity shall be time-barred after two years from the date of delivery of the goods.
article l.217-16 :
when the buyer requests from the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
reproduction of articles 1641 and 1648 paragraph 1 of the civil code
Article 1641 :
the seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648, paragraph 1:
the action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.
article 11. compliance with the rgpd
for any processing of personal data carried out in connection with this contract, the artist will comply with regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing directive 95/46/ec (general data protection regulation) – “rgpd”.
the personal data that may be collected on the artist’s site are as follows :
- payments on the site: in the case of financial transactions on the site, the customer’s bank details and credit card details are recorded.
online discussions: when the client communicates with other users on the site, the data relating to these exchanges are recorded.
contact: when filling in the contact form, the customer’s surname, first name, e-mail address and message are collected.
cookies: cookies are used, within the framework of the use of the site, in order to collect certain information (in particular, the client’s ip address, information relating to the computer used for browsing, the connection mode, the type and version of the internet browser, the operating system and other technical identifiers or the url address of the connections, including the date and time, as well as the content accessed).
The customer has the option of disabling cookies from his browser settings.
The uses of the customer’s personal data are mainly the following:
- access and use of the site ;
verification and authentication of the client’s data;
optimizing the layout and operation of the site;
fight against fraud, misuse, viruses and other malware;
management of payment services;
when certain information is required to access specific features of the site, this mandatory information is indiqué́ at the time of data entry.
In case of refusal by the client to provide mandatory information, the client may not have access to certain services, features or sections of the artist’s site.
the customer’s personal information will be kept as long as necessary for a period of two years unless :
the client exercises his right to delete data concerning him, under the conditions described below ;
- a longer retention period is authorized or imposed by a legal or regulatory provision.
during this period, the site puts in place the organisational, software, legal, technical and physical means to ensure the confidentiality and security of the customer’s personal data, so as to prevent their damage, deletion or access by unauthorised third parties.
access to the client’s personal data is strictly limited. however, the data collected may possibly be communicated to subcontractors contractually responsible for carrying out the tasks necessary for the proper functioning of the site and its services as well as for the proper management of the relationship with the client, without the client’s need to give his or her authorisation.
Apart from the cases set out above, the artist undertakes not to sell, rent, transfer or give access to third parties to the client’s data without his prior consent, unless he is compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, data files and liberties and European Regulation No. 2016/679/ue of 27 April 2016 (applicable from 25 May 2018), the customer has the following rights :
update or delete his data by logging into his account and configuring his parameters ;
exercise his right of access, to know the personal data concerning him;
to ask for the update of his data, if they are inaccurate;
request the portability or deletion of his data;
request the deletion of his account;
to request the limitation of the processing of his/her data;
oppose, for legitimate reasons, the processing of his data.
these various rights are to be exercised by the customer either by modifying the parameters of his account, or directly on the site under the heading “contact”, or by post at the following address: 3 boulevard de la madeleine le magnan 06000 nice.
for security reasons and in order to avoid any fraudulent request, this request must be accompanied by proof of identity. the proof will be destroyed once the request has been processed.
article 12. rights to the works
All the works exhibited on the artist’s site are protected by copyright, in application of articles l.112-1 and following of the intellectual property code.
The client may under no circumstances use, copy, reproduce, modify or denature these works, including on the internet, without the prior written authorisation of the artist.
the sale of a work on the site does not involve the transfer or assignment of the artist’s copyright on his creation.
the artist remains the sole and unique owner of the rights of representation and reproduction of his works, his authorization is thus necessary for any exploitation of these works.
the client acquires the work for private use, excluding all rights of public representation and reproduction.
if a request or proposal to exhibit the work is made to the client, the client must obtain the artist’s agreement and conditions to this effect.
in the case of a purchase of a work by a professional wishing to present it in a place of passage or reception, the latter must obtain the artist’s agreement for this presentation.
article 13. no partial validation
if one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
article 14. non-waiver
the fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
article 15. settlement of disputes
the present general conditions are subject to french law. this is the case for the rules of fund as well as for the rules of form.
in the event of litigation or complaint, the parties will endeavour in priority to seek an amicable solution.
in the event of failure of the claim to the artist, in accordance with articles l.616-1 and r.616-1 of the consumer code, we propose a consumer mediation mechanism. the mediation entity selected is :
cnpm – mediation de la consommation. in the event of a dispute, you can submit your claim on its website: https://cnpm-mediation-consommation.eu or by post by writing to cnpm – mediation – consommation – 23, rue terrenoire – 42100 saint etienne – france.
article 16. pre-contractual information – acceptance
the customer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general terms and conditions of sale and of all the information listed in article l 221-5 of the consumer code and in particular the following information:
the essential characteristics of the product, taking into account the medium of communication used and the product concerned ;
the price of the products and related costs (delivery, for example);
in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the product;
information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
information relating to legal and contractual guarantees and the arrangements for their implementation ;
the functionalities of digital content and, where appropriate, its interoperability ;
the possibility of recourse to conventional mediation in the event of a dispute;
information on the right of withdrawal (existence, conditions, time limit, procedures for exercising that right and standard withdrawal form), the cost of returning the products, the cancellation procedure and other important contractual conditions ;
the means of payment accepted.
the fact for a natural person (or legal entity) to order on the website www.flashsg.com implies full and complete adherence and acceptance of these general terms of sale and obligation to pay for the products ordered, which is expressly recognized by the customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the artist.
data used: for payments with paypal or stripe: purchase total, currency, billing information. for taxes: value of goods in the cart, shipping value, destination address. for payment rates: destination address, identifiers of the products purchased, dimensions, weight and quantities. for shipping labels: customer name, address and dimensions, weight and quantities of products purchased.
appendix 1: withdrawal form
The present form must be completed and returned only if the customer wishes to withdraw from the order placed on https://www.flashsg.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable general conditions of sale.
has the attention of:
miss golem sandie
3 boulevard de la madeleine le magnan
06000 nice – france
I hereby give notice of withdrawal from the contract concerning the order of the products below:
order of the “date
order number: …………………………………………………………………………………………………………………………………………………………………………………………………………………
client name: …………………………………………………………………………………………………………………………………………………………………………………………………………………
customer address: …………………………………………………………………………………………………………………………………………………………………………………………………………………
date and signature of the client (only in the case of notification of this form on paper) :
for any question relating to the legal notices