Privacy, Data Usage
and
General Terms & Conditions
INTRODUCTION
These general terms and conditions of sale of Products and use of the Site (hereinafter the “GTCUS”) govern the use of the Site, as well as any purchase of Products made by the Customer on the Site.
Any use of the Site implies the Customer's full, complete and unreserved acceptance of these T&Cs.
VINCENT TREMEAU reserves the right to make any changes to the Site at any time, in particular concerning the provisions of these T&Cs.
In the event of modification of these CGUV, the applicable CGUV will be those in force on the date of connection to the Site or the date of confirmation of the order of the Product(s), unless a change in the CGUV is required by a administrative or governmental authority in which case this modification may, where applicable, also apply to previous orders that the Customer has made on the Site.
1. THE PRODUCTS
The essential characteristics of the Works are presented on the Site in each of the works sheets.
The Client is fully informed and accepts that the images, photos and colors of the Works offered for sale on the Site may not correspond to the actual colors of the Products, in particular due to the Internet browser or the quality of the screen used by the Customer.
The Works for sale on the Site are available within the limits of available stocks. If one or more Works ordered are no longer available, the Customer will be informed by e-mail as soon as possible. The Customer may then cancel the order of the Work or Works concerned and be reimbursed, where applicable, the sums already paid, by crediting the bank account corresponding to the bank card used for payment, at the later within thirty (30) calendar days.
2. PRICES
The prices appearing on the Site are indicated in Euros, all taxes included, extra shipping costs may be applied. The Works ordered are invoiced at the price in effect when the order is registered.
For Works shipped outside the European Union, taxes are likely to be eligible; these possible duties and taxes will be borne by the Customer and will be the full responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies of the country or countries concerned.
Any change in the applicable legal VAT rate will automatically be passed on to the prices of the Works, as soon as it comes into force.
Only payments in euros are accepted.
The applicable prices are the prices displayed on the Site at the time of the order.
3. REGISTRATION
Registration on the Site is free (excluding any connection costs, the price of which depends on your electronic communication operator).
Prior to any first order on the Site, the User must create a personal account.
The User of the Site certifies that he is of legal age and fully capable. Any use of the Site by a minor user is carried out under the full responsibility of the holder(s) of parental authority over the minor user concerned.
The User must complete, in good faith, a personal information form. The User undertakes to provide VINCENT TREMEAU with up-to-date, complete, accurate information and to keep his contact details up-to-date. Any modification of contact details must therefore be the subject of information to VINCENT TREMAU, in particular in the event of a change of postal address or e-mail address. Failing this, the User will bear the consequences.
VINCENT TREMEAU reserves the right to refuse the registration of any User with whom there is a dispute or who does not provide the necessary guarantees of solvency.
The User must also choose an e-mail address and a password which will be requested each time he wishes to access his account. The User's personal information is thus protected by a password so that the User, and he alone, has access to it. VINCENT TREMEAU recommends that the User does not disclose them to anyone.
The User is solely responsible for the confidentiality of his password and will therefore bear the consequences of any fraudulent use of his password alone.
In accordance with the law of January 6, 1978, the User has a right to access, modify, rectify and delete personal data concerning him which he may exercise in writing to VINCENT TREMEAU at the address indicated. on the Site, without prejudice to the right he also has to oppose, for just cause, the processing of his personal data.
4. SITE ACCESSIBILITY
VINCENT TREMEAU makes its best efforts to make the Site available 24 hours a day, 7 days a week, independently of scheduled maintenance operations, subject to the provisions of this article.
Access to the Site and the content is provided on the basis of an “as is” service and accessible according to its availability.
VINCENT TREMEAU does not provide any express or implicit guarantee on the inviolability of all or part of the Site and its permanent accessibility to the content.
VINCENT TREMEAU cannot guarantee that certain characteristics of the Products (in particular the colors) presented on the Site reproduce the Products exactly, the fidelity depending in part on the quality of color rendering of the computer equipment of each User.
VINCENT TREMEAU undertakes to make its best efforts to ensure the operation of the Site and its access under the best possible conditions.
Use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, and in particular those relating to technical performance, response times for consulting, querying or transferring information, and the risks inherent in any connection. and transmission over the Internet.
Consequently, VINCENT TREMEAU cannot be held responsible for any damage suffered by a User, in particular and without this list being restrictive, in the following cases:
operating or information losses, resulting from any malfunctions, breakdowns, delays or interruptions in access to the Internet network;
the transmission and/or reception of any data and/or information over the Internet;
the consequences of any virus, computer bug, anomaly, technical failure;
failure of any receiving equipment or communication lines;
the loss of any electronic mail and, more generally, the loss of any data;
for any damage caused to the computer, PDA or smartphone etc. of an Internet user who connects to the Site;
any technical, hardware and software failure of any kind, having prevented or limited the possibility of using the Site or having damaged the system of an Internet user who connects to the Site;
any failure or manifest error (in particular technical, material, software, price display, translation, etc.) of any nature, having prevented or limited the possibility of using the Site or having misled an Internet user who connects to the Site; and or
consequential damages.
5. RESPONSIBILITY AS A HOST
In accordance with Article 6-1 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, VINCENT TREMEAU cannot be held liable for the content made available on the Site, in particular with regard to concerning the description of the Products, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by law.
The User undertakes, on first request, including in the event of a non-final court decision, to indemnify and compensate VINCENT TREMEAU for any damage, loss, loss of profit, complaint, liability and costs, including the fees and costs of advice that VINCENT TREMEAU should be required to bear if it were held liable by a third party, as a result of a claim or an action related to this use of the Service by the User.
The User is informed that VINCENT TREMEAU may communicate all information relating to him, including personal information, to the competent services responsible for the repression of fraud and offences.
The Site may contain links to other websites which remain beyond the control of VINCENT TREMEAU.
VINCENT TREMEAU declines all responsibility in the event of non-compliance with the rules concerning data protection or the content of these websites.
6. ORDER AND VALIDATION OF THE TRANSACTION
The order and the validation of the purchase of Product(s) by the Customer are made, unless otherwise indicated on the Site, according to the following steps:
the Customer connects to the Site;
the Customer adds the Work(s) he wishes to purchase to his basket;
the Customer fills in any missing personal information from his account, if he has not done so previously;
the Customer checks the elements of his order, identifies and corrects any errors made during the entry by issuing an order summary;
the Customer reads and expressly and unreservedly accepts the GCUS;
the Customer validates the order, the price of the Work(s) and the delivery costs, including the related taxes, by clicking on “Pay my order”;
the Customer receives electronically an acknowledgment of receipt containing the elements of his order. The order will then only be confirmed after acceptance of payment by the Customer's bank and receipt of the total amount of the order by VINCENT TREMEAU. VINCENT TREMEAU reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order;
Once the aforementioned amount has been received by VINCENT TREMEAU, the Customer receives electronically a confirmation of his order and a payment receipt.
The invoice can be obtained by request by email to contact@vtremeau.com
The Customer expressly accepts that the invoice he will receive is considered as proof of the contractual relations between himself and VINCENT TREMEAU.
The Customer then receives his package at the delivery address he indicated when ordering, or takes the necessary steps to collect his order according to the instructions given to him by VINCENT TREMEAU. The summary of the order will also be accessible on the Site in the “My Account” section.
7. RETENTION OF OWNERSHIP
All Works sold on the Site remain the entire property of VINCENT TREMEAU.
8. PAYMENT AND TERMS
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. No cash on delivery will be accepted, whatever the reason.
The Customer pays for his order by credit card (Visa, Eurocard/Mastercard, etc.) via the secure platform implemented by STRIPE or PAYPAL.
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
Any order made on the Site implies the guarantee on the part of the Customer that he has all the necessary authorizations to use the means of payment made available on the Site.
VINCENT TREMEAU reserves the right to suspend or cancel any order if it encounters difficulties in collecting payment.
Although VINCENT TREMEAU uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed by VINCENT TREMEAU. VINCENT TREMEAU cannot be held liable for damage resulting from the use of electronic means of communication, including (but not limited to) damage resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
9. SHIPPING AND DELIVERY
The transport time will be within two (2) to four (4) weeks from the validation of the order and the receipt of the price by VINCENT TREMEAU. Delivery will be made to the address that the Customer has indicated on the order form.
These delivery times may vary depending on the country of destination.
In the event of an error in the wording of the Customer's contact details, VINCENT TREMEAU cannot be held responsible for the impossibility of delivering the Work(s) ordered.
When the package is shipped, the customer receives electronically from the Site, a shipping confirmation on which is indicated the tracking number of his package.
The transfer of risks concerning the Works purchased by the Customer takes place as soon as they are handed over by VINCENT TREMEAU to the carrier.
Upon receipt of the Works, it is up to the Customer in the event of a breach or damage, to issue precise and detailed reservations after the carrier, by showing "subject to reservation" on the delivery note, in order to benefit from the insurance contracted.
It is also necessary to send by fax or email the list and a description of these damages to VINCENT TREMEAU no later than 72 hours after delivery.
The Customer can follow the progress of the processing of his order in his secure personal space "My account" accessible on the site.
In case of absence during a delivery to the address indicated by the Customer, a transit advice note is normally left by the carrier: the Customer can then collect his package from the partner's office with an identity document. within a certain period following the date of filing of this notice. After this time, the package will be returned to VINCENT TREMEAU. VINCENT TREMEAU will then contact the Customer for a possible reshipment, the costs of which are the responsibility of the Customer.
Each delivery is deemed to have been made, as soon as the Work is made available to the Customer by the carrier, materialized by the delivery tracking offered on the websites of the carrier in charge of the delivery of the Works.
If seven (7) working days after the shipment of the package, the Customer has not received his order, he must approach the office of the partner closest to the place of delivery. If neither the post office nor the delivery tracking system offered on the websites of our carriers mentioned above say they have a trace of this package, the Customer must then contact VINCENT TREMEAU (by email) who will be able to open a claim with the carrier. The final response times of our carriers vary from one (1) to three (3) weeks from the taking into account of the complaint file.
If the package is found, it is sent to the Customer: the reception procedure then follows its normal course (deposit of the package or transit advice note).
If the parcel is declared lost (the final answer is often formulated within the maximum time, i.e. three weeks), VINCENT TREMEAU then notifies the Customer and initiates the procedure for reimbursement of the Products and the shipping costs.
VINCENT TREMEAU will not be liable in the event of non-performance of the contract concluded due to reasons beyond its control, in particular in the event of force majeure, disruption or strike of postal services or means of transport and/or communications.
The following are considered in particular as cases of force majeure releasing VINCENT TREMEAU from its obligation to deliver: war, riot, fire, flood, general or specific strikes, accidents, impossibility of obtaining supplies.
In any case, the delivery of our Products within the aforementioned deadlines can only take place if the Customer is up to date with his obligations.
10. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, in the context of a purchase made from a professional seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Customer, if he himself is a national of this area, has a period of fourteen (14) clear days from receipt of his purchase to exercise his right of withdrawal from VINCENT TREMEAU, without having to justify reasons or to pay a penalty.
If the Customer is not himself a national of this area, this right of withdrawal is not applicable.
It is specified that the aforementioned legal right of withdrawal will not be applicable by the Customer, in the event that the Work(s) purchased by him will have been the subject of a personalization requested by the Customer. (art. L. 221-28 3°) C. conso), namely in particular the order of a framed print to the specificities of the Customer (dimensions, color and/or material of the frame, type of glass, etc.).
The Customer exercises his right of withdrawal directly from VINCENT TREMEAU, by sending an email to the address contact@vtremeau.com
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be reimbursed by VINCENT TREMEAU, the return costs remaining the sole responsibility of the Customer.
The purchased Work(s) must be returned in perfect condition, in their original packaging and shipped under the same conditions as it was sent. The return costs are fully borne by the Customer.
The Customer will be reimbursed as soon as possible and at the latest within thirty (30) calendar days following the date on which the Product(s) concerned will have been returned by the Customer under the aforementioned conditions. This refund will be made by the same means of payment used by the customer during his purchase (Stripe or Paypal).
VINCENT TREMEAU declines all responsibility with regard to a parcel returned by the Customer without follow-up. No refund will be granted if the returned Product is not returned to VINCENT TREMEAU in its entirety, in perfect condition and in its original packaging.
11. DISPUTES - DISPUTES - COMPLAINTS
VINCENT TREMEAU is committed to providing quality service to its Customers.
Each Customer has the possibility of reporting by sending an email to VINCENT TREMEAU at the address contact@vtremeau.com within twenty-one (21) calendar days of receipt of any Work, any complaint concerning the Works commissioned, according to the following criteria:
Product not received: the Product has not been received by the Customer;
Non-compliant Product: the Product received does not correspond to the Product ordered;
Damaged Product: The Product received is damaged.
In the event of a dispute, VINCENT TREMEAU will take care of settling it either himself or jointly with the carrier if his intervention is made necessary by the situation. VINCENT TREMEAU then makes it his personal business to resolve the dispute between him and the Client. Disputes are settled directly between the Customer and VINCENT TREMEAU, who must do his best to resolve the dispute between him and the Customer amicably.
If it happens that the Customer notices a lack, a splinter, a crack, or any other accident on the Product, and if this lack, this splinter, this crack, or this accident is not subsequent to the order, the Customer has a period of forty-eight (48) hours from receipt of the package to lodge a complaint by contacting VINCENT TREMEAU, by sending him an email at contact@vtremeau.com
After study and acceptance by VINCENT TREMEAU of the Customer's written complaint, the Customer has a period of fourteen (14) calendar days to return the Work. Return costs will be borne by the Customer.
VINCENT TREMEAU reimburses the Customer within thirty (30) calendar days of receipt of the Product(s). This refund is made by the same means of payment used by the customer during his purchase (Stripe or Paypal).
VINCENT TREMEAU refuses any responsibility in the event that the parcel is returned by the Customer without follow-up. No refund will be granted if the Product is not returned to VINCENT TREMEAU in its entirety, in the condition sold, and in its original packaging.
No other refund may be considered for the Customer apart from the aforementioned cases.
12. INTELLECTUAL PROPERTY
1) Rights to the work
The artist, for having taken the initiative of his creation, remains the owner of the copyright on his creation. The rights of representation and reproduction of the works present on the Site belong to its author. His authorization is necessary for any exploitation of these rights.
The Customer's rights to the purchased work are therefore limited to an exclusively private right of use, excluding any right of representation and reproduction.
2) Intellectual property right
All the elements present on the Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, brands, models, software, etc. These elements belong to VINCENT TREMEAU or property are used with the consent of their owners.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization and expressly from VINCENT TREMEAU, apart from the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an offense of infringement of copyright and/or designs and/or trademarks.
13. ENTIRETY OF THE GTCUS
If one or more stipulations of these GCUS are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their validity. scope.
14. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These CGUV are subject to French law. Any dispute relating to their interpretation and/or execution falls exclusively within the jurisdiction of the French courts.
In the event that a dispute arises from this contractual relationship, the User and VINCENT TREMEAU undertake, before any legal action, to seek an amicable solution.
14. PRIVACY & DATA USAGE
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
We collect such Non-personal and Personal Information for the following purposes:
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To provide and operate the Services;
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To provide our Users with ongoing customer assistance and technical support;
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To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
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To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
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To comply with any applicable laws and regulations.
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
If you don’t want us to process your data anymore, please send us mail to: contact@vtremeau.com
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at contact@vtremeau.com.