Conditions générales de vente | Paradisio

The general terms and conditions of sale described below govern the commercial relationship between users of the site 

and the commercial brand Paradisio imaginarium belonging to E&M Créations, whose registered office is located at 7 Rue Dupleix, 75015 PARIS.

 

The fact that the User places an order on the Paradisio.com website implies full and complete acceptance of the general terms and conditions of sale of which the customer acknowledges having read prior to his order.

 

E&M créations reserves the right to modify these general terms and conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the paradisio-imaginarium.com site are those accepted by the Customer at the time of placing his order.

 

Any such modifications shall take effect as from their publication (the date of publication is indicated at the end of these conditions) and may not apply to contracts concluded previously.

 

The provisions of these General Terms and Conditions of Sale govern only E&M créations ' relations with its private customers. Professional customers can access the professional part of the site, which is reserved for them, only after completing the specific commercial information form to prove their professional status (in the fields of art, decoration, framing, hotel business, etc.) and after having received an explicit and written agreement from E&M créations.

E&M créations also reserves the right to refuse access to the professional part of its website without having to justify its decision.

 

ARTICLE 1 CONDITIONS OF USE

 

1- Order taking and payment

 

The use of the site is reserved for persons over 18 years of age and legally capable of contracting. The User is deemed to have read and accepted these general terms and conditions of sale.

The User guarantees the accuracy of the information he/she provides on the paradisio-imaginarium.com website

It is the User's responsibility to place an order by entering all the information necessary for invoicing and delivery of the selected items.

To place an order, the user must go through different pages of the Paradisio-imaginarium.com website 

The User must first select the visual, format, finish and quantity desired. He then includes the item in the''basket'' and can either continue shopping on the site or confirm his order.

If he is not already registered, the User must register and accurately fill in all the information concerning his delivery and invoicing addresses. 

After validating his details, the user has the choice of payment method.

Payment of the full price is due upon order.

 

Several payment methods are available to pay for an order on the Paradisio-imaginarium.com website:

 

- by credit card: Visa, credit card, MasterCard or American Express

Payments by credit card are secured by the STRIPE payment system. The User's bank details are encrypted and are not communicated to E&M créations They do not circulate in clear text on the Internet and cannot be intercepted.

- By Bank Transfer (For orders from the European Union only)

 

The order can only be shipped after receipt and validation of payment, regardless of the payment method chosen by the User.

The data recorded by E&M créations constitute proof of all transactions between E&M créations and its customers. The data recorded by the Stripe payment system is the only admissible proof of the financial transactions carried out.

The validation of the order by the customer constitutes an irrevocable commitment which can only be challenged in the limited cases provided for by these conditions (see: right of withdrawal)

Any order is considered firm and may only be cancelled with the consent of E&M créations, subject to the payment of compensation for any damage caused by such cancellation.

The items offered by E&M créations on Paradisio-imaginarium website are printed and manufactured on request. 

There is therefore no stock indication on the site. Unless otherwise agreed, all items available for purchase on the day of the order may be shipped. 

In the event of unavailability of certain articles, the corresponding articles become inactive, making it impossible for the user to order them.

In the event of unavailability of products after the User has placed an order, E&M créations will notify the Customer by e-mail as soon as it becomes aware of this unavailability. In this case, the order may be transformed by choosing a replacement product chosen by the User himself or cancelled if no replacement product is suitable. He will then be reimbursed if his bank account has been debited.

 

2 - Products - Availability - Delivery time

 

Paradisio-imaginarium.com offers on its website illustrations printed on paper, in different sizes, framed or not and integrating for some formats an LED lighting system.

 

These items are also available in different sizes and finishes. The list of available products and formats, for a given visual, is indicated on the corresponding article page. If the desired format or finish does not appear on the article page, it is because this product or products are temporarily, or permanently unavailable. They are therefore not available for ordering on the Paradisio.com website

The photos of the products presented on the Paradisio-imaginarium.com website are optimized but nonetheless non-contractual and cannot be taken as exact references for the finished products and delivered, whether it is the rendering of colours, the shade of the frame rods or the proportions between an image and its frame.

Indeed, despite all the care taken by E&M créations in this work, very slight differences can occur, due to the technical constraints of web media, compared to real impressions and frames.

 

All printing and framing work is carried out on request by E&M créations. 

We processes printing orders in order of arrival. Shipping times are given as an indication but are generally in the order of approximately 7 working days. However, a manufacturing delay of less than one month cannot give rise to any cancellation of the order or claim for compensation of any kind.

 

The delivery times, whatever the mode of transport used, are also given as an indication and do not engage the responsibility of E&M créations

 

3 - Order confirmation

 

Provided that the user has indicated a valid email address, once the order has been finalized and the payment method validated, E&M créations will sends the User an automatic email confirming the order.

A second automatic email is sent at the time of delivery of the shipment to the carrier with the indication of the carrier and possibly a shipment number allowing the User to track the delivery.

 

4 - Delivery methods and deadlines, delivery costs and order receipt 

 

For the moment, we only deliver to Europe

The possible delivery methods depend on the quantity, size of the item(s) ordered and the country of delivery. Delivery charges are applied and rates vary according to weight and place of delivery.

 

Deliveries are made by Colissimo.  

Colissimo delivery is ensured by La Poste within 3 to 5 working days after dispatch. If you are absent at the time of delivery, La Poste will leave you a delivery notice allowing you to pick up your package at the post office for 15 days. A tracking number is assigned to each of your orders and allows you to track your package by visiting the Colissimo website (www.colissimo.fr).

Your tracking number is sent to you by email as soon as your order is prepared and ready to be sent.

Large formats (100 X 140 and 100 X 150 CM) will be delivered either by post or by Fedex and exclusively by TNT/Fedex in the case of shipments abroad

If your order includes items of different sizes, the size of the largest item is taken into account. 

E&M creations reserves the right to choose the carrier. 

Unless otherwise specified, E&M créations groups all items ordered in an order into a single shipment. The shipping time will depend in this case on the longest item to manufacture.

Once the shipment is delivered, the carrier is solely responsible for the delivery times. (Unless the User makes an error when entering his data) Consequently, no claim for compensation of any kind whatsoever may be made to Paradisio.com by the customer.

 

 

The shipping costs vary according to: the country and the delivery method as well as the number and format of the works ordered.

 

We will  takes the greatest care in packaging and protecting the items ordered. In this spirit and to avoid any risk of breakage, we uses synthetic glass for large format frames (from 50 X 70 and up to 100 X 150 cm)

However, it is the customer's responsibility to check (or have checked if it is not he who directly receives) the perfect condition of the package received and to open it in the presence of the delivery person to check that the article, or articles, reach him in good condition.

In case of a problem, it is advisable to hand the package over to the delivery person, stipulating the problem encountered, without signing the delivery note. No claim will be admissible if the delivery note is signed. It is also advisable to contact our customer service department within 48 hours.

In the case of delivery by private carrier, the carrier is not required to deliver within your home and may deliver the package to you at the entrance to your building or house. the receipt of the items transported extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following that of such receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his protest, which must be justified. (Art L 133.3 of the French Commercial Code).

7 - Right of withdrawal, return and exchange

 

In accordance with the legal provisions in force, you as an individual have a general right of withdrawal to return the work that would not suit you. This right does not apply to orders placed by companies. For any order on the Site, you have 14 days from the effective date of the order to exercise your right of retraction with Paradisio imaginarium without having to justify any reason or pay any penalty, please contact our customer service who will give you the return address and you will then have 10 days to return your order in perfect condition in its original packaging. 

- If your order has been delivered by the Post Office (Colissimo), you can return your order to us by the Post Office (return costs at your expense). - If your order has been delivered by a carrier, the carrier will take your order. This service will be charged at the same price as the initial delivery charges. No cash on delivery will be accepted for any reason whatsoever.

E&M créations will refund the customer within 14 days after receipt and control of the returned items of the price of the returned items. 

The return costs remain the responsibility of the customer. If E&M créations were to arrange the return itself on behalf of the customer, the return costs would then be deducted from the amount of the refund. Items returned without their original packaging, or damaged, will not be taken back.

In the event that the works received do not conform to the order, you have a right of return. In this case, please contact our customer service department who will give you the address and the return procedure. E&M créations will exchange the damaged item

In the case of the exercise of the right of return and only in this case, the costs of return and new shipment remain the responsibility of E&M créations

8 - Customer service and complaints 

For any information or question, our customer service is at your disposal by email paradidioimaginarium@gmail.com in order to give you all the information you would like about our works and your order.

ARTICLE 2. USE OF THE SITE

To use the Site, you must be at least 18 years old, legally capable of contracting and using this Site in accordance with these Terms and Conditions. You guarantee the truthfulness and accuracy of the information provided by you on this Site. 

E&M créations reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. 

The Site is available in French and English. You can change the choice of language on the home page of the Site.

The products sold on the Site are framed or unframed illustrations or any other product manufactured and offered by E&M créations. 

 

The prices of our products are indicated in euros all taxes included (VAT) except participation by the buyer in shipping costs.

The prices take into account the French VAT applicable on the day of the order and any change in the legal VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree. However, the prices cannot be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental taxes or contributions, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the items on the Paradisio.com site. We do not deliver outside the EEC at the moment, but if we had to do so, orders to countries outside the European Union would not be subject to French VAT. The prices indicated on the site for these orders would be exclusive of VAT and would therefore not take into account VAT. However, these orders would be subject to any taxes and customs duties in the country of destination.

In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned, and customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of E&M créations. They will be at your charge and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. It is essential to obtain prior information on these particular aspects from the competent authorities.

 

E&M créations reserves the right to change its prices at any time. Products will be invoiced on the basis of the prices in effect at the time of order registration, subject to availability; the products remain the property of E&M créations until full payment of the indicated price.

ARTICLE 3. FORCE MAJEURE

In accordance with article 1148 of the Civil Code, E&M créations cannot be held responsible or considered as having committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure.

ARTICLE 4. PERSONAL INFORMATION AND CONFIDENTIALITY

The automated processing of personal information has been declared to the Commission Nationale de l'Informatique et des Libertés under number 1280165.

When you register, when you place your order or during various other operations, E&M créations  invites you to receive its newsletters, promotional offers and/or to register to be informed of exclusive sales, the publication of its new products and to receive offers from its partners. You can modify your subscription at any time through the section my account or through the hypertext link at the bottom of the offers received by email.

E&M créations undertakes to effectively take into account changes in subscriptions or unsubscriptions to commercial e-mails sent by it as soon as possible according to the necessary processing.

the information and data concerning you, necessary for the management of your order and our commercial relations, may be transmitted to the companies that contribute to these relations, such as those responsible for the execution of services and orders, for their management, execution, processing and payment. 

This information and data is also stored for security purposes, to comply with legal and regulatory requirements and to enable us to customize the services we offer you and to improve the quality of the information we send you.

If you wish, you can change these choices in your Customer Account on the Site or by writing to us at the address below.

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us a letter to the following address:

 

 

E&M créations

7 rue Dupleix

75015 Paris

You can also consult or modify your personal data in your customer account on Paradisio.com

ARTICLE 5. LIABILITY AND GUARANTEES

The products offered comply with current French legislation.

E&M créations strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice.

However, E&M créations cannot guarantee the accuracy, precision or exhaustiveness of the information made available on this site. 

Consequently, E&M créations declines all responsibility for any interruption of the site, any occurrence of bugs, any inaccuracy or omission relating to information available on the site, any hacking or any damage resulting from a fraudulent intrusion by a third party resulting in a modification of the information made available on the site. 

This site may contain links to other sites. E&M créations cannot be held responsible for problems of access or content of these sites. 

E&M création shall not be liable for any damages resulting from the use or inability to use the Site.

E&M créations shall in no event be liable for malfunctions attributable to software, whether or not it is incorporated into or provided with the Site. 

E&M créations undertakes to respect all legal guarantees that you may avail yourself of.

As the works presented on our site comply with the requirements of French law, we cannot be held responsible for any violation of the legislation specific to the country where the work is delivered, so it is your responsibility to check with the authorities concerned to determine the possibilities of importing or using the products or services you plan to order.

 

ARTICLE 6. INTELLECTUAL PROPERTY LAW

All the elements, texts, illustrations and images on the Paradisio.com website are protected by copyright, trademark law, design and model law and all other intellectual property rights in France and throughout the world.

As such, any total or partial reproduction of the catalogue or images on the Paradisio-imaginarium.com website is strictly prohibited, regardless of the process or medium. Any use must be subject to a prior request for consent from E&M créations and have received written authorization from E&M créations, except for the exceptions provided for in Article L122-5 of the Intellectual Property Code, under penalty of constituting an infringement of copyright.

The buyer's rights on products purchased from Paradisio.com are reserved for strictly private use and exclude the right to reproduce or represent them.

ARTICLE 7: INTEGRITY OF THE CONDITIONS

A change in regulations or law rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale. Such a change or observation could in no case allow the customer to not respect these general conditions of sale.

If a condition is not explicitly mentioned, it will be considered as governed by the practices in force in the distance selling sector where the companies have their headquarters in France.

ARTICLE 8: APPLICABLE LAW

This contract is subject to French law. It is available in the language of consultation of the site, or in English, cf. art. II.

In the event that a dispute arises from this contractual relationship, the user and E&M créations undertake, before any legal action is taken, to seek an amicable solution.

 

 

Send your complaints or disputes in priority a letter to the company E&M créations, 7 Rue Dupleix 75015 Paris, or via the contact form on the Paradisio-imaginarium.com website (CONTACT tab), or by email to: paradisioimaginarium@gmail.com in order to obtain an amicable solution.

 

In the event of a dispute, only the French courts will be competent to hear the case.

 

 

July 14, 2019

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