GENERAL TERMS AND CONDITIONS OF SALE (GTC)
Preamble
These General Terms and Conditions of Sale (hereinafter "GTC") apply without restriction or reservation to all sales concluded by Eric Vanel, registered with the URSSAF under SIRET number 90304078000012 (hereinafter "the Seller" or "the Artist"), with non-professional buyers (hereinafter "The Client" or "the Buyer"), wishing to acquire the sculptures offered for sale or ordered on the website www.ericvanel.com.
Article 1 – Products and Works of Art
The products offered for sale are original sculptures produced in editions of 8 plus 4 artist's proofs.
The photographs and descriptions of the works available on the site are as accurate as possible. However, colors or textures may vary from one screen to another or due to the nature of the handcrafted materials used.
Each sculpture comes with a certificate of authenticity signed by the Artist.
Article 2 – Price and Tax Regime
The prices of the sculptures are indicated in Euros (€).
VAT not applicable, article 293 B of the General Tax Code (CGI).Therefore, no VAT amount will be charged to the Client.
Unless otherwise stated, prices do not include the packaging, insurance and shipping costs (postage), which are charged as an extra and clearly indicated before final order confirmation.
For sales outside the European Union and French overseas departments and territories, any customs duties, local taxes or import taxes remain the sole responsibility of the Buyer.
Article 3 – Custom and personalized orders
The Artist accepts the creation of personalized or custom-made sculptures based on a prior quote accepted by the Client.
All orders of this type are subject to a written agreement and payment of a deposit or the full price, as specified in the quote. The creation process begins upon receipt of payment.
Article 4 – Standard Order and Payment
For works already created and available on the website, the Buyer confirms their order after reviewing the purchase summary. Payment is made in full at the time of ordering by [Credit Card / PayPal / Bank Transfer]. The sale is only final upon receipt of payment by the Artist.
Article 5 – Delivery
The artworks are delivered to the address provided by the Buyer when placing their order. The Seller undertakes to ship the available sculpture within 7 business days of receiving payment (excluding production times specific to custom orders). Shipping is handled by a specialized carrier with tracking and insurance covering the full value of the artwork.
The Buyer is required to check the condition of the packaging and the sculpture in the presence of the carrier and to make any specific handwritten reservations on the delivery note in case of damage.
Article 6 – Right of withdrawal (Articles L. 221-18 et seq. of the Consumer Code)
In accordance with applicable legal provisions, the Buyer has a period of fourteen (14) days from the date of receipt of the sculpture to exercise their right of withdrawal with the Artist, without having to justify reasons or pay any penalty.
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Notification :The Buyer must notify their decision to withdraw by means of a unambiguous statement (for example, by email or by postal mail) before the 14-day period expires. A template exists as an appendix to the General Terms and Conditions.
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Return costs and conditions: The shipping costs associated with returning the artwork are the responsibility of the sole responsibility of the Buyer.The artwork must be returned in its original packaging (or equivalent packaging) guaranteeing maximum protection against impacts), accompanied of its certificate of authenticity, at the latest within 14 days following notification of his withdrawal. The responsibility of the Buyer is liable in case of depreciation or deterioration of the work.
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Refund : The Artist will reimburse the full amount paid by the Buyer for this work, including the initial delivery charges (at the standard rate), within a period of 14 days from the date on which the Artist is informed of the decision to withdraw. The refund may be deferred until the sculpture is effectively recovered or until The Buyer must provide proof of shipment.
6.2 Exclusion of the right of withdrawal for personalized orders
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. Consequently, all orders for personalized or custom-made sculptures (based on a quote) are final and cannot be subject to any right of withdrawal, return, exchange, or refund once the order has been confirmed.
Article 7 – Intellectual Property
The Artist retains exclusive ownership of the copyright to their creation, as defined in Articles L. 111-1 et seq. of the French Intellectual Property Code. The sale of the physical sculpture does not, under any circumstances, entail the transfer of rights to reproduce, display, or exploit the work. The Buyer is prohibited from any commercial exploitation or reproduction of the work without the Artist's prior, express, and written consent.
Article 8 – Legal Guarantees
The sculptures sold are automatically covered by the legal guarantee of conformity (articles L. 217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). If the delivered product has a proven defect or non-conformity, the return shipping costs will be fully covered by the Seller.
You must inspect the artwork immediately upon delivery. If you believe the artwork has arrived damaged or defective, you must report it.within 48 hours of receipt.
To process your claim, please provide
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Photographic evidence of damage or defects.
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Photographs of the packaging state at delivery.
In the absence of evidence showing a defect or damage to the artwork or packaging within 48 hours of delivery, or in the case of damage resulting from improper handling after delivery, we will not be able to process your claim.
Article 9 – Disputes and Applicable Law
These Terms and Conditions are governed by French law. In the event of a dispute, the Buyer may resort to free consumer mediation in accordance with Article L. 612-1 of the French Consumer Code. If no amicable agreement can be reached, the dispute will be brought before the competent French courts.
APPENDIX: WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract. We remind you that, in accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to works made to order or made to measure).
To the attention of:
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Artist's name: Eric Vanel
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Postal address:147 rue de Mortefontaine, 60730 NOVILLERS
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Email address: eric.vanel@orange.fr
I hereby notify you of my withdrawal from the contract for the sale of the sculpture below:
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Title of the work / Description: ............................................................................................................
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Ordered on: [JJ/MM/AAAA] ............................................................................................................
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Received on: [JJ/MM/AAAA] ............................................................................................................
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Order number (if applicable): ..........................................................................................
Customer (Buyer) Name: ............................................................................................................
Customer Address: ..................................................................................................................................
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Customer Signature (only if this form is submitted on paper) :
Date : [JJ/MM/AAAA]