General conditions of use and sale

  1. Application domain

    The following Terms and Conditions (« Terms » or « Terms and Conditions ») are intended to govern the contractual relations between the online shops created on the service the-shop (“My Shop”, “we” or “our”) and any user (“Users”, “User”, “You” or “Your”) of the www.the-shop.co website (“The website”). Please read with great care our Legal Notice that you can find at the following address www.the-shop.co/en/content/2-mentions-legales and are part by quotation of these Terms.

    You acknowledge and accept, by entering the website or using this website or services or by selling or by buying artwork on or through this website or services or through the publication of content on this website, you indicate that you have read, understood and accepted to be bound to these terms and conditions, that you are registered or not signed up on our website. if you don’t accept this terms, then you have to give up the access and the use of the website and its services. if you accept these terms on the behalf of a private company or any other legal entities, you guarantee you have the authority to represent and bound this company or legal entity to these terms and, in such a case, “you” or “your” refer to the company or legal entity.

  2. Modification

    My shop reserves the right, in its sole discretion, to modify or interrupt, temporally or permanently, the Website or Services or to modify these Terms at any time without prior warning and without engaging its responsibility. If we modify these Terms, we will publish them on the Website or we will notify you by email. We will also update the “Last Modification”. By continuing to use the Website and its Services after the publication of these modifications, you indicate that you accept to be bound to these Terms. If you do not accept these Terms as modified, your only recourse is to stop using the Website and Services.

  3. Access to the Website

    The Website and Services are strictly reserved to person aged of 18 years old or more. Any access or use of the Website or Services by a person who are not yet 18 years old is strictly prohibited. By entering or using the Website and the Services you guarantee you are 18 years old or more.

  4. Creating a My Shop account

    In order to create a member shop on the Website or to buy a product using the Website, first you have to create an account (“Account”) by completing the online registration. During the creation process, you will be asked to create a username, a password and provide certain information. At the end of the account creation process you will become a “Member”. You agree to provide true, accurate, correct and complete information during the registration process, and to update this information so they remain true, accurate, correct and complete. My Shop reserves the right to suspend or terminate your Account if the information provided during the registration process or later turn out to be false, inaccurate, incorrect or incomplete. You are responsible for the confidentiality of your password. You agree not to give or show your password to a third party and to take full responsibility of any activities or actions that occur on your Account, whether you have authorized or not such activities or actions. You will immediately communicate to The Shop any fraudulent use of your account. In case of serious breach by a Member or dispute with the this one, The Shop reserves the right to suspend or terminate their Account, without further notice or official notification, and therefore reserves the right to cancel or refuse any order placed by that Member.

  5. Our products

    The products sold on My Shop merchandise related to works of art.

  6. Color

    You understand and agree that My Shop makes every effort possible and strives to respect the colors of your designs, creations and visuals on its Website and Services. However, computer monitors can alter or change colors, My Shop is not responsible for the accuracy of the colors of the Products posted on the Website, the Services and other digital media.

  7. The sale

    As a Member, you can buy the products listed on the website.

    Prices are presented in euros, all taxes included, for mainland France. The amount of VAT is indicated during the payment by the Customers.

    If the VAT rate is changed, those changes will be reflected on the price of the products without the customer being notified. The Shop reserves the right to modify these prices at any time but the products are invoiced at the prices prevailing when the order is placed.

    If customers place an order from another country than France, this country is considered the importer of the products. So the customers agree to be solely responsible for the settlement of any customs duties, local taxes, import duties or any other taxes resulting from this import.

  8. Payment

    The customers interested by a product can place an order by following this process:

    • The users add the products they wish to buy in their basket
    • On the Shopping Cart page, the users check the details of their order
    • If the command corresponds to their request, they confirm their order in a click
    • The validation of the Customers' order implies the acceptance of these Terms.
    • The users must create an account and become members to complete their purchase
    • The users pay their order using the payment method that suits them best
    • The contract is concluded between the Users and My Shop at the moment of the payment confirmation

    The customers have the option to pay by credit card directly on the website. Only VISA, VISA FIRST, EUROCARD, MASTERCARD are accepted. Payment by bank check is not accepted.

  9. Payment default

    My Shop has the right to refuse to deliver or to process an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

  10. Cancellation of sale

    If a sale is cancelled My Shop has the right to cancel any sales of products made through the Website or the Services if My Shop determines, in its sole discretion, that the artwork has not been sold at its fair price, or that the product is no longer available at the prices indicated on the Website or the Services. If My Shop cancels a sale made via the Website or Services, My Shop send a cancellation confirmation e-mail to the customer and the customer will not be charged for the purchase.

  11. The security of the payment

    In order to ensure the security of the payments, the website uses the secured payment service provider MangoPay. We use SSL security standard.

    The confidential data are directly transmitted in encrypted form to the bank's server without passing through the physical server of The Shop. The payment service provider delivers an electronic certificate that proves the amount and the date of the transaction in accordance with the provisions of the Articles 1316 and the Code Civil.

  12. Shipping

    Shipping is available everywhere in the world.
    The customers are responsible for the receipt of goods to working days. The customers have the choice between a SoColissimo delivery and DHL Express.

    Upon receipt of the order, Customers must verify the apparent condition of the package and delivered items. If Customers do not personally receive the package, they should ask the person in charge to receive the package to check it.
    In case of anomaly regarding the order (product missing, broken, defective, damaged or opened package ...), Customers shall deliver their package to the carrier by specifying the problem. The problem must be specified to the customer service of The Shop and the carrier within 48 hours of receipt. The delivery order should not be signed if the order is damaged. No claim will be admissible if the delivery order is signed without reservation.

    My Shop is committed to make every effort possible to deliver the ordered products within the time specified on each product description. However, the time shown on the website are indicative and may vary depending on the hazards of supply, logistics and other facts non-attributable to My Shop, that is to say, in case of force majeure or unforeseeable circumstances. In these cases, the delivery time will be extended accordingly. Are considered as force majeure: strikes, closures, administrative interventions, the shortage of energy and raw materials, obstacles caused by fire, water, damages to machinery, lightning and all other hazards that cannot be foreseen by My Shop and for which the company cannot be held responsible. Such obstacles will be immediately communicated to the customers by My Shop. The maximum delivery time for the products commercialize on My Shop is 12 months. The respect of the delivery times depends on the carrier. Therefore, no request for compensation claim, of any kind, can be claimed by the customers to My Shop.

    The respect of the delivery time depends on the carrier. Therefore, no claim for compensation, of any kind, can be claimed by the customers.

  13. Right of withdrawal

    In accordance to the provisions to Article L. 121-20 of the French Consumer Code, Customers have a withdrawal period of seven (7) clear days from the date of receipt or withdrawal of the product or products to exercise their right of withdrawal and notify My Shop their intention to return the product or products, without justifications nor penalties (with the exception of the return and shipment costs).

  14. Conditions de retour

    The Customers must inform the Customer Service of My Shop in writing or by telephone before returning their items, and follow the return process indicated by My Shop.

    Upon receiving of the items, My Shop deems the perfect condition of the returned merchandise. No returns will be accepted if the items were visibly used or damaged. If the return is refused by My Shop the items will be returned to the customers at My Shop expenses, and the customers will not be able to demand any compensation or refund, except to the subsequent exercise of their rights to the guarantee on the items sold.

    Any refund will be made at the discretion of My Shop, either by crediting the customers’ credit card or by wire transfer to your bank account or by sending a check sent to the customers who placed the order and to the billing address.

  15. Customer service

    For any information or question, our custumer service can be contacted by mail at Balibart – 35, Impasse des Cherchevets à Suresnes (92150) or by email at contact@the-shop.co

  16. Liability

    The Website is referenced through hypertext links on other websites. My shop has no control over the content of these websites and its responsibility cannot be engaged for the content of these websites if they contravene the laws and regulations in force.

    My shop is trying to provide the best and most accurate information and updates on its Website. My Shop reserves the right to correct and / or change at any time and without notice the content of its website. The Shop cannot guarantee the accuracy of the content of the Website.

    My Shop disclaims all liability in case of force majeure or unforeseeable circumstances that do not allow it to proper perform the current contract.

  17. Warranty

    All the items offered by My Shop are subject to the legal warranty provided by Articles 1641 of the Code Civil (on the warranty against hidden defects) and also meet the legal warranty of conformity provided by articles L.211-4 -and L211-14 of the consumer code.

    The Customer has a 48 hours period from the delivery date to make any claims for non-compliance or apparent defect of the items delivered, by phone, by e-mail via the contact form; or by registered mail with return receipt to the following address: My Shop, 35 Impasse des Cherchevets, 92150 Suresnes.

    After this period and failing to comply with this formality, the items will be deemed compliant and free from defect and no claim will be validly accepted by My Shop.

    If the apparent defect or the lack of conformity of the item is confirmed, My Shop agrees to proceed with the replacement of the item at its expense or refund the Customers as soon as possible. In case of refund, it will occur within a maximum of 30 days. The refund will be made via the same means of payment used by the Customers.

    My Shop cannot be held responsible for misuse and / or intensive use of items by the customers.

  18. Intellectual Property Right

    All the elements of the contained in Website, whether visual or audio, including the underlying technologies, are protected by the intellectual property rights. These elements are the exclusive property of My Shop, owner of the intellectual property rights.

  19. Law on arts

    The Member, having taken the initiative of the Creation, remains the copyrights owner of their Creations, in accordance to the French Law. The rights of reproduction, representation and commercialization of the Creations presented on My Shop and on the online shops of the member belong to their creators and My Shop. You must have permission from both parties for all exploitation of copyrights. The rights of the customers regarding the products and artworks bought are limited to the rights of private use, excluding any right of representation, reproduction and commercialization.

  20. Personal data

    Protection

    As part of the registration on the Website and the use of the service, The Shop reserves the right to collect personal data. They are required to process and manage the Customers’ orders, as well as trade relations between The Shop, the Customers and the Members. They can send them to companies and subcontractors working with The Shop in order to process the orders and services offered.

    In accordance with the law, Balibart is declared to the CNIL under the number 1751925.

    In accordance to the law n°78-17 of 06 January 1978, any user or customer of the website enjoy access, rectification, modification and suppression rights regarding their personal data. Customers can refuse to give the data mentioned above. All requests regarding this article must be sent by email at contact@the-shop.co

    Facebook

    The The Shop Website uses Facebook social network plug-in, operated by Facebook inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook” below). When the customer visits the The shop website page containing such a plug-in, the browser establishes a direct connection with the Facebook servers.

    Facebook is informed that the Customers and / or the Members browser have accessed the corresponding page of the The shop Website, including if the Customers and / or the Members do not have a Facebook user account, or if they are logged out from their Facebook account.

    This information is directly transmitted by the Customers and / or the Members browser to a Facebook server located in the USA and is saved there.

    If the customers are logged into Facebook when browsing the The Shop website, Facebook will directly connect their visit to their Facebook account. If the customers interact with the plug-ins, e.g. by clicking on "Like" or posting a comment, the corresponding information will be transmitted and saved on a Facebook server. They will be published on the Facebook account of the Customers.

  21. Final provisions

    These Terms and Conditions are subject to French Law.

    The language of this contract is the French language.

    In the event of a dispute, the Members and the Customers should first contact The Shop to obtain an amicable solution. If they do not, jurisdiction shall fall to the Tribunal de Commerce of Paris, the only competent court.

    If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity of the other conditions of the agreement and thus the validity of the entire agreement. The provision struck down will be replaced by a new provision, which will be valid. The same procedure applies to any contract loopholes.