General Sales Conditions

These General Conditions of Sale (hereafter the “Terms“) are proposed by Romain Ferrini, individual entrepreneur, registered under the number SIRET 508847969 00021, head office located at 18 rue Imbert-Colomès 69001-Lyon / FRANCE.
The company Romain Ferrini offers, through its website www.figuresducinema.com the sale of framed illustrations.
Each customer acknowledges having read and understood these terms in a reasonable manner, as well as all the information necessary for the execution of the sale, in accordance
with articles L.111-1 to L.111-8 of the Code de la consumption, prior to the placing of his order and before any conclusion of his contract with Romain Ferrini.

1. APPLICATION AND OPPOSITION OF THE TERMS

The present terms apply to any product order by any customer, natural person, acting for purposes that are not part of his commercial, industrial, artisanal or liberal activity carried out on the site, as of 1 July 2019.

1.2. The purpose of these terms & conditions are to define the conditions of the order for the products, as well as to determine the respective rights and obligations of each of the parties in the context of the supply of the products.1.3. Unless the parties agree otherwise in writing, these terms take precedence over allcontrary clauses stemming from general conditions previously drafted, and thus applyto the exclusion of any other agreement.

1.4. These terms and conditions must be considered as an integral and essential part of the contract concluded between Romain Ferrini and each of its clients.

1.5. These terms are systematically notified to the Customer when ordering on the site. Each customer must read and accept them in order to validate his order on the site. This acceptance will consist of ticking the box corresponding to the acceptance sentence of these terms. Checking this box will be deemed to have the same value as a handwritten signature on the part of the customer.

1.6.    In case of modification and/or adaptation of these Terms by Romain Ferrini, only the version in force on the day of sale will be applicable. The Customer will be informed of any changes made to the terms, upon his subsequent visit to the website.

1.7.    The fact that Romain Ferrini does not avail himself, at a given moment, of any one of any of the provisions of these GTCS can not be interpreted as waiving the right to use them later.

1.8.    Romain Ferrini invites each customer to read these terms and conditions carefully, to print them and/or to save them on any durable medium, before proceeding to the ordering of any product subject to these terms on his website.

2. TERMS OF CONCLUSION OF THE CONTRACT

2.1.    Product orders are made online through the Site. The creation of a customer account or the connection to a pre-existing customer account is necessary in order to proceed to the ordering of the products.

2.2.    The customer chooses directly from the Romain Ferrini Website the product(s) he or she wishes to order and then accesses the summary page of their order. Romain Ferrini strives to provide the most accurate visuals and descriptions possible for the products. However, these visual and illustrative texts are not contractual, and the customer can not engage the responsibility of the seller in this respect.

2.3.    The customer is required to provide a certain amount of information concerning themselves in order to validate their order. All orders must be fully completed and must contain this information. The customer is responsible for the veracity, accuracy and relevance of the data provided

2.4.  The Customer may make changes, corrections, additions or even cancel his order, until the confirmation of final sale on the website.

2.5.    Before proceeding to the validation of his order, the Customer must take note of these Terms and accept them in their entirety and without reservation.

2.6.    In case of confirmation of the order by the customer, they must follow the instructions displayed on the screen in order to finalize the process.

2.7.    The customer is directed to the secure payment tool to enter their bank details in the space reserved for this purpose, then to validate the payment, as described in Article 3 below.

2.8.    The contract is definitively concluded between Romain Ferrini and the customer assoon as the latter has received the order confirmation. The order confirmation contains the present terms in PDF version.

2.9.    Any request for an order must be sent to Romain Ferrini by email at the following email address: contact@figuresducinema.com

3. PRICING AND TERMS OF PAYMENT

3.1    Price of Products
Access to the website and the viewing of the products is free for the customer. Only the order of one or more products will be subject to payment by the consumer.
The prices of the products are mentioned on the website in euros, with all taxes included. The applicable prices are those valid on the day of the order on the webite by the Customer. The price of delivery may vary both according to the place of delivery, as well as the prices of products to destinations outside the European Union not being subject to VAT.
The prices of the products and the possible additional costs related to the order are indicated, in a clear and understandable way, on the summary of the order.

Before placing the order, the customer is obliged to confirm this summary.

3.2    Terms of Payment
The prices will be invoiced on the basis of the prices in force at the time of the order. The prices include all taxes (TTC). An invoice summarizing all the products ordered by the customer and their respective cost will be sent via email to the customer. The customer will pay the price directly on the website, and before Romain Ferrini
sends the completed order, in accordance with the process provided for this purpose. Romain Ferrini uses a third party secure payment system – STRIPE.
The payment by the customer is a prerequisite for the validation of his order. Failure to pay on completion of the order will result automatically, and without prior notice in the suspension or invalidation of the customer’s order, without prejudice to any other course of action.

4. DELIVERY

4.1. Delivery charges are indicated to the customer before any payment.

4.2. In the event of delivery of a product outside the territory of the European Union and in the French overseas territories, the customer declares himself the importer of the product and agrees that in such a case Romain Ferrini may be physically unable to provide him with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where delivery of the product is requested.
4.3. Unless otherwise stated on the Site during the ordering process or in the description of the products ordered, Romain Ferrini undertakes in all cases to deliver the products within a maximum of thirty (30) days after the conclusion of the contract.
4.4. Upon receipt of the package, the customer must check the conformity and condition of the packaging of the product(s) delivered. The customer may refuse a package at the time of delivery upon finding an anomaly concerning the delivery (this includes damage, a missing product compared to the delivery note, damaged packaging, broken products, etc.); Any anomaly must then be indicated by the customer on the delivery note, in the form of a handwritten note, accompanied by the signature of the customer. In order to exercise his right of refusal, the customer must open the damaged or defective parcel(s) in the presence of the carrier and return the damaged goods to him. Failing to comply with these requirements, the customer will not be able to exercise their right of refusal, and Romain Ferrini will not be obliged to accede to the request for exercise of the customers right of refusal.

4.5. If the customer’s package is returned to Romain Ferrini by the Post Office or by other postal service providers, Romain Ferrini will contact the customer upon receipt of the parcel in return to ask him to follow up on his order. If the customer has wrongly refused the parcel he may ask for the return by paying in advance the payment of postal charges for the new shipment. Postal fees must be paid even for orders whose shipping costs were offered when ordering.
4.6. In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to Romain Ferrini in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling of the client can not be attributed to Romain Ferrini.
4.7. Any delivery delay in relation to the date or time indicated to the customer when ordering or, in the absence of indication of date or deadline when ordering, more than thirty (30) days from the conclusion of the sale can involve the resolution of the sale on the initiative of the Customer, on written request of his part by registered letter with acknowledgment of receipt, if after having demanded Romain Ferrini to make the delivery he did not execute. The Client will then be refunded, at the latest within four – teen (14) days following the date on which the contract was denounced, of all the sums paid. This clause does not apply if the delay in delivery is due to a case of force majeure.

5. RIGHT OF WITHDRAWAL

5.1. The Customer has a period of fourteen (14) clear days from the delivery of the Products to exercise his right of withdrawal from Romain Ferrini under the conditions in force referred to in the Consumer Code, without having to justify any reason or to pay penalties.

5.2. If he intends to exercise his right of withdrawal, the Client must inform Romain Ferrini of his decision to withdraw from the contract, namely:
• By means of the form made available on the Site and at the end of these, in Appendix -1 (see below) , OR
• by presenting any other explicit and unambiguous statement to that effect (for example, a letter sent by registered mail with acknowledgment of receipt, fax or email).

5.3. In any case, the customer must indicate a desire to retract unambiguously and unequivocally.
5.4. In case of retraction made by electronic means, Romain Ferrini will send the customer, without delay, an acknowledgment of receipt on a durable medium, to the email address provided when ordering.

5.5. The customer bears the direct costs of returning the Products, unless the Client’s withdrawal results from an error by Romain Ferrini in the Product sent, in which case the latter will bear the costs of return. In any case, the Products returned to Romain Ferrini by the Customer must be in their original packaging and packaging, which must not have been opened.

5.6. In the event of the right of retraction being excercised by the customer, all the sums paid by the customer will be refunded by Romain Ferrini within fourteen (14) days from the date on which it is informed of the decision. Customer to retract. This refund may be deferred until the date of recovery of the goods or until the consumer has provided proof of the shipment of these Products, the date chosen being the date of the first of these facts. The refund will be made to the Client’s bank account directly via the Site by bank transfer or by any other means agreed between the parties.

Download the form

Appendix-1-Customer-Retraction-Form.pdf

6. PRODUCT WARRANTY

When acting as a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The legal guarantee of conformity applies regardless of the commercial warranty that maybe granted.
The consumer may decide to implement the guarantee against hidden defects of the product within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code. They have a period of two years from the discovery of the issue.
The postponement, suspension or interruption of the prescription can not have the effect of bringing the extinctive limitation period beyond two years from the date of birth of the right in accordance with Article 2232 of the Civil Code.

All Products acquired on the webite benefit from the following legal guarantees, provided by the Civil Code:

6.1.  Legal guarantee of conformity
According to the following cited articles beginning with L.217-4 of the Consumer Code, the seller is required to deliver goods in conformity with the contract concluded with the customer and to answer for any lack of conformity existing during the delivery of the product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the product. However, when the defect appeared within 24 months after this date (or within 6 months if the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with Article L.217-7 of the Consumer Code, “the seller can combat this presumption if it is not compatible with the nature of the product or the alleged lack of conformity”.

On the other hand, after this period of 24 months (or 6 months if the Product is sold second-hand), it will be up to the customer to prove that the defect existed at the time of taking possession of the product. In accordance with Article L.217-9 of the Consumer Code: “In case of lack of conformity the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer “.

6.2. Legal warranty against hidden defectsAccording to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear during the purchase, were there prior to the purchase (and therefore not to result from the normal wear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to an extent that the buyer would not have purchased the product or would not have bought at such a price if they had known the default). Claims, requests for exchange or refund for a non-conforming product must be made by post or email to the addresses indicated in the legal notice of the site.
In case of nonconformity of a delivered product, it can be returned to the seller who will proceed to its exchange. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the customer will be refunded by check or transfer of the amount of his order. The costs of the exchange or refund procedure (including the return postage costs of the Product) are then the responsibility of the seller.

7. RESPONSIBILITY

7.1. Customer’s responsibility
The customer is solely responsible for the quality, relevance and accuracy of the information he provides on the website for the purposes of his order. The responsibility of Romain Ferrini can not be engaged in this respect.

The customer is thus solely responsible to Romain Ferrini and, if applicable, third parties, for any damages, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated on the occasion of these terms, as well as any failure on his part to the present contractual stipulations.
The customer is, in addition, solely responsible for the choice of products that he has ordered through the Site.

7.2. Responsibility of Romain Ferrini
Romain Ferrini implements all the measures necessary to assure to the customer the supply, under optimal conditions, of Quality Products. Romain Ferrini assumes full responsibility for the products it sells to customers through the website and will process only potential claims relating to such products.
Romain Ferrini can not however be held responsible for any damage, which would be attributable either to the Customer, to the unpredictable and insurmountable fact of a third party foreigner to the contract, or to a case of force majeure.
Romain Ferrini ensures the proper functioning of the website but can not in any way guarantee that it is free from anomalies or errors and that it operates without interruption.
Romain Ferrini can not be held responsible for the non-functioning, impossibility of access or malfunctions of the services of the access provider of the clients or those of the Internet network.

8. FORCE MAJEURE

8.1. “Force majeure” is defined as any event beyond the control of one of the parties and insusceptible to be reasonably foreseen at the conclusion of these terms. Such an event will be characterized when the victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of appropriate and appropriate measures to limit the effects.

8.2. Neither of the two parties will be held responsible towards the other for the non-execution or the delays in the performance of an obligation born of these terms, which would be due to the fact of the other party consecutively to the occurrence of a case of force majeure, as recognized and defined by French case law.

8.3. The case of force majeure suspends the obligations born of the present terms during all the duration of its existence, and neither of the parts will be able during this period, validly to avail itself of the existence of such a case of absolute necessity within the meaning of the Article 1218 of the Civil Code to justify the termination of its contractual relationship with the other party. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would be entitled to the cancellation by right of these terms by one or other of the parties, eight (8) days after sending a registered letter with acknowledgment of receipt notifying that decision.

9. INTELLECTUEL PROPERTY

9.1. The website, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of Romain Ferrini or, if applicable, of their respective owners, of which the latter has obtained operating authorizations.

9.2. Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, commercially or otherwise, of all or part of a work of the original spirit or data contained on the website is strictly prohibited. The customer also refrains from any act or act likely to infringe directly or indirectly the intellectual property rights of Romain Ferrini.

10. PERSONAL DATA

10.1. The customer is informed that his order of products on the website gives rise to the collection and automated processing of personal data concerning him by Romain Ferrini, whose use is subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms as amended by Law No. 2016-1321 of October 7, 2016 and European Regulation 2016/679 of April 27, 2016 relating to data protection, commencing May 25, 2018. The following information must be communicated to the customer at the time of obtaining the personal data concerning him.

10.2. The Customer is informed that the information requested is required and necessary to validate his order and proceed to its treatment in the best conditions. In this respect, no information or sensitive

10.3. The data is only kept by Romain Ferrini and are only used for the purpose of processing customer’s orders. None of this information and/or personal data concerning the customer will be transmitted to third parties, with the exception of the members of Romain Ferrini’s staff or partners, but only for the purposes of the execution of these orders and within the limits strictly necessary information for this purpose.

10.4. Any personal data will be kept for the duration necessary for the purposes for which they are collected and processed, while knowing that their retention can not exceed the duration of the contractual relationship between Romain Ferrini and the customer.

10.5. With the express authorization of the customer, Romain Ferrini may send him commercial information relating to his company, his products and his services. However, the customer may object, for a legitimate reason, to the processing of information concerning him, including for purposes of commercial prospection.

10.6. The customer has a right of access, opposition, rectification and deletion of personal data concerning him. From the entry into force of the General Data Protection Regulation, on May 25, 2018, the customer will also benefit from a right to the deletion of his data, the possibility of requesting a limitation of data processing on concerning, under certain conditions, or the right to receive their data in a structured and commonly used format.

10.7 These rights can be exercised under the legal conditions in force, either via:

• E-mail to the following address contact@figuresducinema.com
• Or a written letter to the following postal address: Romain Ferrini – 18 rue Imbert Colomès – 69001 Lyon – FRANCE

10.8. Romain Ferrini agrees to respond to any request from a customer for the processing of his personal data within one (1) month from the date of receipt of the request, except if the plurality and complex nature requests require an extension of two months of such a period. In the event that Romain Ferrini does not provide a response, the latter must inform the customer, within one (1) month of receipt of the request made by the latter, of the reasons for his inaction and the possibility of seizing the information via the National Commission for Computing and Freedoms or the competent courts under the Code of Civil Procedure.

10.9. The customer may set guidelines regarding the fate of his personal data (retention, deletion or communication of such data) after his death and may modify or revoke them at any time.

10.10 Any breach of personal data concerning the customer with associated risk for their rights and freedoms will be communicated to them as soon as possible.

11. APPLICABLE LAW AND COMPETENT JURISDICTION

11.1. These Terms are governed by French law.
11.2. In case of dispute between Romain Ferrini and the customer on the occasion of the present, only the French courts will determine their interpretation and / or execution.

11.3. According to Article L.612-1 of the Consumer Code, it is stated that “every consumerhas the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional. For this purpose, the professional guarantees to the consumer the effective use of a consumer mediation system “.

11.4. In accordance with the statute n ° 2015-1033 dated August 20, 2015 and the decree of application n ° 2015-1382 of October 30, 2015, any dispute or litigation known as consumption, subject to the l’article L.612-2 du code de la consommation,  can be the subject of an amicable settlement by mediation with the CMAP – Center of Mediation and Arbitration of Paris.

11.5.  To submit a dispute to the mediator, the Client may:

• (i) fill out the form on the CMAP website : mediateur-conso.cmap.fr; ou,
• (ii) send his request by ordinary or registered mail to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS; or,
• (iii)send an email to consommation@cmap.fr.

11.6. Whatever the means used to enter the CMAP, the customer’s request must contain the following in order to be processed quickly: their postal address, email and telephone and the full name and address of Romain Ferrini, a brief summary of the facts, and the proof of the preliminary steps with Romain Ferrini.

11.7. It is reminded that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.