Terms of sales

PREAMBLE

Any person wishing to make a purchase on the online sales site maisondauphine.awebvision.fr, is hereinafter referred to as the “Internet Customer” or “Customer”.

ARTICLE 1: PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS OF SALE

1.1 SCOPE OF APPLICATION

The present general sales conditions, hereinafter referred to as “GSC”, aim to define the contractual relationship between the SARL LA GALERIE MAISON DAUPHINE, hereinafter referred to as “LA GALERIE MAISON DAUPHINE”, and the Internet Client, as well as the conditions applicable to any purchase made through the merchant website by an individual or a legal entity with legal capacity and acting personally as a consumer.

The Internet Customer, a natural person, declares that he/she is of legal age and is not under guardianship or curatorship.

Any order of item(s) placed on the site implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the Internet Customer.

In accordance with the provisions of articles 1366 and following of the Civil Code, completed by the Decree n° 2017-1416 of 28 September 2017 on electronic signature, it is reminded that the validation of the “order form” or “basket” as specified in article 3 hereafter, constitutes an electronic signature which has, between LA GALERIE MAISON DAUPHINE and the Internet Client, the same value as a handwritten signature.

LA GALERIE MAISON DAUPHINE reserves the right to modify the present general sales conditions at any time, without prior notice, it being understood that such modifications will be inapplicable to orders previously accepted and confirmed by LA GALERIE MAISON DAUPHINE. The present conditions apply to the exclusion of any other document.

1.2 EXCLUSIONS

The Terms of sales are not applicable to professionals. Any natural or legal person, public or private, who acts for purposes within the framework of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name of or on behalf of another professional, is considered a professional.

ARTICLE 2: THE OFFER

In accordance with article L. 111-1 of the French Consumer Code, you can, prior to placing your order, take note of the characteristics of the work(s) you wish to order on the site. However, although the photographs are as accurate as possible, they cannot ensure a perfect similarity with the works offered (particularly with regard to colours) and do not fall within the contractual field.

Therefore, LA GALERIE MAISON DAUPHINE cannot be held responsible in case of error.

ARTICLE 3: ORDERS

3.1 GENERAL PROVISIONS

An order can only be registered on the galerie-maisondauphine.com website if you are clearly identified.

The ordering process is broken down as follows:

1. The Customer selects the work or the gift card desired (physical card or e-card).
2. The Customer identifies him/herself using his/her login details – or if not already registered – using the registration form.
3. The creation of a customer account leads to the receipt of an email notifying the creation of the account indicating an automatically generated password, the customer may request to reset their password and will then receive a dedicated email.
4. The Customer validates their basket.
5. A summary of the contents of the order and its amount is presented to the Customer for validation.
6. Before validating the order, the Customer reads the present general terms and conditions of sale on the galerie-maisondauphine.com website and indicates his/her acceptance by ticking the box provided for this purpose.
7. The Customer chooses the desired method of payment from among the methods of payment offered on the Site, and then, where applicable, proceeds online – depending on the method of payment chosen – to pay the price.
8. The Customer confirms his/her commitment to payment by clicking on the “Confirm payment” button.
9. Upon receipt of the order, LA GALERIE MAISON DAUPHINE will check the order before validating it, especially the effectiveness of the payment.
10. The order thus verified is followed by two successive confirmation emails – which materialise the registration of the order – recalling the content of the order.
11. The Customer receives a third email when the order is processed and dispatched,
12. After receipt of the order, after the 14-day withdrawal period, the Customer receives a final email informing him/her that he/she can go to his/her account to generate the certificate of authenticity.

Orders are archived for a period of 12 months and can be consulted at any time for a period of 12 months in the “My account” area.

Orders placed at the weekend (Friday after 4pm to Sunday evening) or on a public holiday will be processed within two working days at the latest. You agree that the order recording systems are proof of the nature of their agreements and dates.

At any time, you can obtain information on the follow-up of your order on the galerie-maisondauphine.com website, under the heading “My order history and details”, in “My account”.

3.2 GIFT CARDS

By purchasing a Gift Card, the Customer credits the card with the amount he/she wishes to offer to a Recipient or to use it himself/herself. The amount of the card is determined by the Client when placing the order (see article 3.1).

The Gift Card is accepted as a means of payment for purchases made on the galerie-maisondauphine.com website to the exclusion of any other website. The Customer orders a card sent by email (e-card) to the address of his choice.

The card may be used in one or more instalments within the limit of the available balance and its validity date. The period of validity is limited to 12 months, starting from the date of purchase on the galerie-maisondauphine.com website

In case of partial payment, the difference can be paid by any other means of payment accepted on the Site.

The card may not be exchanged, taken back, resold or reimbursed, even partially (except under certain conditions in the event of exercising the right of withdrawal – see below), nor may it be credited to a bank card or bank account.

The Client undertakes to inform the recipient of the Gift Card of its expiry date and its conditions of use.

ARTICLE 4: AVAILABILITY

The offers of works and prices are valid as long as they are visible on the website, subject to the effective availability of the works offered online which are also exhibited in the physical gallery.

In the event that a work is not available after you have placed your order, LA GALERIE MAISON DAUPHINE will inform you by email or by post as soon as possible.

You will then have the possibility to order another article or to ask for a refund of the price paid.

In the event that the same work is ordered by several customers at the same time, it will only be sold to the first customer who registers his order. The order will then be cancelled for the other Customers.

ARTICLE 5: PRICES OF WORKS FOR SALE ON THE SITE

Our prices are indicated in Euros, all taxes included, excluding delivery costs and customs taxes and taking into account the French VAT in force.

The amount of these delivery costs is determined by the place of delivery and the weight of the products. It can be consulted before the confirmation of the order in “transport information”. This amount is included on the invoice at the time of payment.

If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Customer and are entirely his own, both in terms of declarations and payments to the competent authorities/organisations. It is up to the Customer to obtain information from the competent authorities.

In any case, LA GALERIE MAISON DAUPHINE reserves the right to modify its prices and delivery charges at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered, subject to availability at this date.

ARTICLE 6 : PAYMENT

All orders are payable in euros.

6.1. BANK CARDS

The cards accepted are Carte Bleue, Mastercard and Visa.

When validating your order, you provide the number of your bank card, together with the expiry date and the cryptogram (last three digits on the back of the card). The online provision of these elements and the final validation of the order are proof of the integrity of the order and the payability of the sums due in execution of said order.

In order to ensure the security of the payments, LA GALERIE MAISON DAUPHINE uses the secure payment service Cyberplus Paiement Net of the Banque Populaire.

The server is encrypted thanks to the SSL (Secure Socket Layer) protocol and confidential information is transmitted directly to the server to be verified. The information is never transmitted in clear text and is not stored on the server. For this reason, you will be asked for your credit card details (number, expiry date, cryptograms) for each new transaction on the maisondauphine.awebvision.fr website.

6.2. BANK TRANSFER

You can make your payment by bank transfer. If you choose this solution, you will receive an email indicating the details to use for your transaction. Your order will be sent to you after final validation of the transfer, it being specified that the processing time of a transfer after reception until the validation of your order is between 3 and 7 days.

The order is considered “confirmed” after confirmation of the agreement of the bank payment centres or receipt of the bank transfer.

If the bank refuses, the order will be automatically cancelled. You will then be informed directly.

LA GALERIE MAISON DAUPHINE reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in case of payment incident or wrong address.

In the context of the fight against Internet fraud, the information relating to your order may be transmitted to any authority for verification.

6.3 GIFT CARDS

The order may be paid for in part or in full by means of a gift card if it is used within its period of validity, which is 12 months from the date of purchase.

ARTICLE 7 : PRICES AND DELIVERY TIMES

Our deliveries are carried out by Chronopost and Colissimo.

7.1. METROPOLITAN FRANCE

Delivery costs are covered by LA GALERIE MAISON DAUPHINE for all purchases equal or superior to 350 € TTC.

Below 350 € including VAT, delivery costs are at the Client’s expense.

7.2. DOM-TOM, EUROPEAN UNION COUNTRIES (EXCEPT FRANCE), SWITZERLAND

Delivery costs are payable by the Customer regardless of the amount of the purchase.

Import taxes, particularly in Switzerland, may be required by the local customs service, depending on the value of the package. These duties are at the expense of the Customer and are his entire responsibility, both in terms of declarations and payments to the competent authorities/organisations.

7.3 DELIVERY TIME

The delivery times announced do not take into account the preparation time of the order which is 48 hours from the first working day following the order. For example, an order placed on Saturday afternoon cannot be dispatched before Wednesday morning.

Delivery times with Chronopost are 1 to 2 working days, depending on the destination. Delivery times with Colissimo are 2 to 5 working days, depending on the destination. 

In any event, the agreed delivery times will be extended in the event of force majeure. In particular, force majeure includes the total or partial stoppage of LA GALERIE MAISON DAUPHINE’s staff or that of one of its suppliers, subcontractors or carriers due to strike, fire, flood, import or export ban or embargo, refusal, reduction or withdrawal of import licences, the occurrence of an epidemic or pandemic, i.e. the development and propagation of a contagious disease on the national territory or internationally such as, in particular, all the viruses belonging to the family of coronaviruses (SARS-CoV, SARS-CoV-2 also known as “Covid-19” or its variants).

LA GALERIE MAISON DAUPHINE is in no way responsible for the non-respect of the delivery time announced by the carrier. Therefore, no compensation or reimbursement can be requested from LA GALERIE MAISON DAUPHINE in case of delay due to the carrier’s failure.

7.4 DELIVERY LOCATIONS

Deliveries are made exclusively in France (including French overseas departments and territories), in the member countries of the European Union and in Switzerland to the delivery address you have given or to the Pick Up point of your choice. The works always travel at your own risk and are only insured on your express instruction and at your expense.

Deliveries are made from Monday to Saturday during working hours to the Customer’s home or to the Pick Up point of his choice.

If the Customer is not at home, the parcel will be collected from the French Post Office within 14 working days. The Customer shall have 8 working days to collect the parcel from the Pick Up point, from the date on which the delivery to the Pick Up point is notified to him. If the parcel is not collected, it will be returned to our gallery. Any re-shipment will be charged at the flat rate + the return costs charged by our service provider. 

Please note that once an order has been placed it is no longer possible to change the delivery address.

All orders are shipped from the Galerie Maison Dauphine in Aix-en-Provence.

The tracking of the parcel is possible as soon as it is taken in charge by the service provider thanks to the link that will be sent to you by email as soon as the delivery label is issued.

7.5 EXCLUSIONS

Delivery in Corsica takes place from Monday to Friday only and delivery times may be longer, between 48 hours and 5 working days.

7.6 RESERVATIONS

It is the Customer’s responsibility to check, in the presence of the carrier, the good condition of the works delivered. In the event of damage or shortcomings, the Customer must take photographs and indicate clear, significant, precise and complete reservations on the transport documents; confirm these reservations to the carrier by registered letter with acknowledgement of receipt within three days of receiving the works.

Any suspicious condition of the package must be reported immediately to the carrier and unpacked in his presence with supporting photographs.

Within 48 hours, the Client will have to send reservations to LA GALERIE MAISON DAUPHINE at the address contact@maisondauphine.com with supporting photographs of the work received damaged or broken with the unpacking of the package.

7.7 DELAYS IN DELIVERY

In accordance with the legal provisions (article L216-2 of the consumer code), in case of late delivery, the Client can cancel his order by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined LA GALERIE MAISON DAUPHINE to make the delivery within a reasonable additional period of time, the latter has not done so within this period. The order is considered as cancelled upon receipt by the professional of the letter or written notice informing him of this cancellation unless LA GALERIE MAISON DAUPHINE has executed it in the meantime.

The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of cancellation of the order.

ARTICLE 8 : RIGHTS OF WITHDRAWALS/ RETURNS

8.1 RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) working days from the day following receipt of his order to exercise his right of withdrawal without having to give any reason or pay any penalties.

If the fourteen (14) working day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The return of the works is at the Client’s responsibility and expense. Any damage suffered by the works on this occasion is likely to prevent the exercise of the right of withdrawal.

We will reimburse you as soon as we have received the returned item in perfect condition for resale, in its original state (items in their original packaging) at the following address

LA GALERIE MAISON DAUPHINE

14 rue du Quatre Septembre

13100 – AIX-EN-PROVENCE.

In general, we remind you that :

The return is the responsibility of the Client

Make sure that the works returned are in their original condition, otherwise we will not be able to accept your return and refund you.

Pack the works in their original packaging.

When the package arrives at LA GALERIE MAISON DAUPHINE it will be processed within 3 to 7 working days (depending on the activity periods). If your package does not meet the specified conditions, the package will be returned to you and no refund will be made. Once your return has been accepted, your refund will be processed and you will receive a confirmation e-mail.

The right of withdrawal does not apply to gift cards that have been used before the 14-day period has expired.

8.2 RETURNS DUE TO TRANSPORT DAMAGE

By signing the delivery note, you accept the works delivered as is and therefore no claim for damage suffered during transport will be accepted. It is your responsibility to carry out all checks and make all reservations on arrival of the parcel and to exercise, if necessary, all recourse against the carrier. The goods always travel at the risk of the recipient. You have a period of 3 days to make any reservations with the carrier.

If the products have been damaged during transport, you must immediately :

• make reservations to the carrier,
• inform LA GALERIE MAISON DAUPHINE within 48 hours by e-mail : contact@maisondauphine.com or by our contact us form

Products returned incomplete, damaged or spoiled will not be reimbursed.

Upon reception of the email with the reservations and if they are legitimate and justified, LA GALERIE MAISON DAUPHINE will issue a return slip to be stuck on the parcel which the Client will have to drop off at the post office or which will be collected at the Client’s home by the carrier appointed by LA GALERIE MAISON DAUPHINE.

The cost of returning a broken or damaged work is at the charge of LA GALERIE MAISON DAUPHINE and the price will be reimbursed after reception of the work.

In case the Client does not respect this provision, LA GALERIE MAISON DAUPHINE cannot be held responsible.

ARTICLE 9: REFUND

The time required to process your refund may vary depending on the method of payment used:

• Credit card: Our bank will refund you within 7 working days after receiving the e-mail confirming the acceptance of the return. The time it takes to credit the purchase amount back to your account depends on the credit card issuer.
• Bank transfer: Our bank will refund you within 7 working days after receiving the e-mail confirming the acceptance of the return. The amount of the refund by bank transfer may take up to 3 days from the time the transfer is issued until the amount is received in your account.

For security reasons we cannot refund to any account other than the one associated with the credit card used for the purchase.

The same return and refund conditions apply to the purchaser of a gift card: right of withdrawal, return and refund conditions. Therefore, no gift card can be refunded to its recipient.

ARTICLE 10: GUARANTEE

The Client benefits, for all items, from the legal guarantees provided by articles L217-4 and following of the consumer code (legal guarantee of conformity, legal guarantee against hidden defects) and the civil code.

The guarantee is limited to a reimbursement in value of the works recognised as defective by LA GALERIE MAISON DAUPHINE.

In general, the guarantee cannot be applied in case of damage caused by misuse, negligence, handling or incorrect installation.

Any return must be agreed upon by LA GALERIE MAISON DAUPHINE and is always at your expense. All returns must include a copy of the invoice, the delivery note and a note detailing the reasons for the return.

Independently of this contractual guarantee, LA GALERIE MAISON DAUPHINE remains responsible for the defects of conformity of the goods and for hidden defects under the conditions provided for in articles 1641 and 1649 of the civil code.

REPRODUCTION OF THE LEGAL PROVISIONS:

Article L217-4 of the Consumer Code

LA GALERIE MAISON DAUPHINE delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. It is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at its charge by the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code

The goods conform to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable :

– if it corresponds to the description given by LA GALERIE MAISON DAUPHINE and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by LA GALERIE MAISON DAUPHINE, by the producer or by his representative, especially in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by 2 years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.

This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.

Article 1641 of the Civil Code

LA GALERIE MAISON DAUPHINE is bound by the warranty for hidden defects of the sold item that make it unfit for the intended use, or that reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which LA GALERIE MAISON DAUPHINE can be relieved of the defects or apparent lack of conformity.

ARTICLE 11: RESPONSIBILITY

LA GALERIE MAISON DAUPHINE cannot be held responsible in the case where the non-execution of its obligations is due to the unforeseeable and insurmountable act of a third party to the contract, or in the case of the unavailability of a work due to a case of force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications.

Similarly, LA GALERIE MAISON DAUPHINE cannot be held responsible for

• the inconveniences or damages inherent to the use of the Internet network
• any interruption of the website
• any occurrence of bugs;
• any indirect damage that may occur due to the purchase of products;
• any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site.

ARTICLE 12: MODIFICATION AND INTERRUPTION OF ACCESS TO THE WEBSITE

LA GALERIE MAISON DAUPHINE reserves the right, at any time, to temporarily interrupt access to all or part of the website for technical reasons, to modify the contractual conditions or to bring the website into compliance with legal or regulatory provisions, without having to inform the Client beforehand.

ARTICLE 13: LANGUAGE AND APPLICABLE LAW

The present general terms and conditions of sale are subject to French law. The applicable language is French.

ARTICLE 14: MEDIATION AND SETTLEMENT OF DISPUTES

In the event of a dispute arising from the present contractual relationship, the parties undertake, before any legal action, to seek an amicable solution. The Customer is then invited to send us a letter to the following address: 14 rue du Quatre Septembre – 13100 AIX-EN-PROVENCE indicating your name, first name, address and email.

In accordance with article L. 612-1 of the French Consumer Code “Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute with a professional”.

In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a prior written complaint to the Customer Service before any request for mediation.

The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.

For any difficulty, we invite you to contact us beforehand or to contact our after-sales service by e-mail: contact@maisondauphine.com

Only complaints relating to the Online Sale of works will be taken into account.

In the year following your request to our services, in application of article R. 616-1 of the French Consumer Code, you may have your request examined by a mediator, whose contact details are given below, bearing in mind that a dispute may only be examined by one mediator, with certain exceptions:

You can lodge a complaint on the online dispute resolution platform (RLL) accessible from the following electronic link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR 

You may, at your own expense, be assisted by a counsel.