Company name: Desplans, an SAS (simplified joint-stock company) with share capital of 20,000 euros, registered on the Nanterre Trade and Companies Register under number 814 005 294, having its registered office at 9 rue Danjou – 92100 Boulogne Billancourt, France – Tel. +33 9 52 00 66 06
Desplans is represented by Guillaume Dubois and Albane Cartier-Bresson.
SAS OVH – http://www.ovh.com
2 rue Kellermann
Secured payment: Monetico, CIC payment system, certified 3D Secure.
GENERAL TERMS AND CONDITIONS OF SALE AND USE
The objective of these general terms and conditions is to define the terms and conditions for the use of the website www.desplans.com (hereinafter the “website”) and to define the rights and obligations of the parties (hereinafter “Desplans” and the “user”) in this regard.
These terms and conditions may be accessed at any time from the drop-down menu on the website.
These general terms and conditions govern the sale by Desplans on the website of architects’ works and their frames and mounts.
2. Site operator
The site is operated by Desplans, an SAS (simplified joint stock company) with share capital of 20,000 euros, registered on the Nanterre Trade and Companies Register under number 814 005 294, having its registered office at 9 rue Danjou – 92100 Boulogne Billancourt, France (hereinafter known as Desplans).
Desplans may be contacted at the following address:
Mailing address: 9 rue Danjou, 92100 Boulogne Billancourt
Email address: email@example.com
3. Access tothe website
The website may be accessed, subject to restrictions:
- any individual having full legal capacity to make undertakings with respect to these general terms and conditions;
- any legal entity acting via the intermediary of an individual having full legal capacity to contract in the name and on behalf of the legal entity.
- In the event of any subsequent dispute over payment by a user, Desplans may cancel or reject an order.
- The website is available in French and English. The language of the website depends on the language of the user’s browser; the default language will be English. The user may select their preferred language in the drop-down menu available on the website.
4. Acceptance of the general terms and conditions
The user indicates acceptance of these general terms and conditions by ticking a box during the order process. Such acceptance shall be considered as full and complete. Any conditional subscription shall be considered void and invalid. Any user who does not accept being bound by these general terms and conditions may not proceed with a purchase via the website.
5. Products description
The website sells limited edition series of architects’ works, each accompanied by a certificate of authenticity as well as mounts (frames and clamps). The works are offered in multiple formats and frames/mounts.
The prices of the products are shown on the website, before shipping costs.
Unless otherwise indicated, they are expressed in euros, including all taxes applicable in France.
Payment is only accepted in euros.
Desplans reserves the right, at its own discretion and in accordance with the terms and conditions of which it alone shall be the judge, to offer promotions or discounts on the products.
If the user receives the shipment outside mainland France, they are the importer of the work in question.
If the user receives the shipment outside the European Union and the French Overseas Departments and Territories, customs duties and other local taxes, import duties or government taxes may be chargeable. Desplans shall not be liable for these duties and sums. They shall be borne by the user and the user is entirely liable therefor, both in terms of declarations and payments to the authorities and competent bodies in their country. Desplans recommends that the user consult the local authorities in their country for more information in this regard.
Prices may be revised by Desplans at any time, at its own discretion.
The works shall be charged at the rate applicable when the order is placed, subject to availability. They shall remain the property of Desplans until the full price is paid.
6. Placing an order
To place an order, the user must visit the following pages on the website:
- The page on which the work is presented, to choose the format and mount. They should then click on “Buy” to add the work and mount to their basket.
- The registration and account creation page; see clause 7.
- The “shopping basket” page, on which the user can check the products ordered, their prices and quantities (these may be modified on the same page), and choose the method of shipping and payment.
- The user must ensure that all this information is correct and then tick the box “I accept the general terms and conditions of sale and use” to move to the payment page. The terms and conditions may be viewed by accessing the link “General terms and conditions of sale”. These must be accepted for each order placed.
The contract shall be concluded on confirmation of payment by the bank.
An order confirmation shall be sent by email within a few minutes of the order being placed.
No more orders may be placed for works marked “sold out”.
To place an order, the user must create an account in their name (hereinafter the “Account”) to enable them to manage their orders.
They must complete a form, providing all the required information. Incomplete registration forms will not be validated.
The user shall guarantee that all the information provided in the form is accurate, up-to-date and true.
They shall undertake to update this information on their Account in the event of any changes, so that it always corresponds to the aforementioned criteria.
The user is hereby informed and accepts that the information entered on their Account represents proof of identity. The information entered by the user shall be binding thereon, as soon as it is saved.
The user may access their Account at any time, by entering their username and password.
The user undertakes to use their Account for their own purposes only, and not to allow any third party to use it in their name or on their behalf, unless they accept full responsibility therefor.
The user is also responsible for keeping their username and password confidential. They must contact Desplans immediately via the contact details indicated in clause 2 of these terms and conditions, if they note that their Account has been used without their knowledge. Desplans reserves the right to take any and all appropriate steps in that event.
Invoices for the products ordered shall be sent to the user via any appropriate means.
Methods of payment and security
The terms and conditions for payment are described on the website.
The user may choose to pay by:
- Bank card (Carte Bleue, Visa, MasterCard);
- Cheque (for orders originating in France only): the cheque must be issued and drawn up in € and must be payable in a bank located in mainland France;
- Bank transfer (orders originating in the European Union or SEPA zone only). The user guarantees Desplans that they have the necessary authorisations to use the selected method of payment. The user undertakes to take all the necessary measures to ensure that the payment for the product shall be deducted successfully. The transfer shall be effected by the user’s payment service provider, which alone shall store the user’s bank details for this purpose. For payments by bank card, the transaction shall be made via MONETICO payment, which is the payment system used by the CIC. The user’s bank details (card number, expiry date, etc.) are encrypted; they are not displayed online at any time and cannot be intercepted. They shall not be communicated to Desplans.
The user is informed and expressly accepts that any late payment, for all or part of the sums due, shall automatically and without prejudice to the provisions above and without prior notice lead to the immediate suspension of the order preparation process until full payment of all the sums due is made.
The data recorded by the CIC payment system shall constitute proof of the financial transaction.
The work(s) shall be delivered to the address entered and saved on the site during the ordering process.
Desplans cannot change the delivery address after the order has been saved, for logistical reasons, and cannot be held responsible with respect to any dispute on this subject. In some cases, Desplans may look into the possibility of changing the delivery address, but offers no guarantee of success.
The invoicing address may be different to the delivery address if the user wishes; this may be entered during the order process by completing the form for this purpose on the website.
Desplans reserves the right to select the shipping firm(s) used.
The shipping methods used shall depend on the content, quantity and size of the item(s) ordered, and on the country of Delivery.
The delivery time frame shall depend on stock levels, the shipping date and the shipping method used.
Compliance with delivery deadlines shall depend on the shipping firm. No compensation of any kind whatsoever may be claimed by the user. In the event of an order including multiple works, the works in question may be sent in more than one shipment and therefore may involve different delivery time frames (depending on availability, frames/mounts, etc.).
The shipping costs shall vary depending on the countries of origin and destination, the shipping methods, and the number, format and mounts of the works ordered.
Receipt of shipment
On delivery, the user may open the package to check the status of the products (works and mounts).
If a third party takes delivery of the shipment for the user, the user may ask the third party in question to check the shipment for them.
In the event of a problem, the user or the said third party must:
- Return the package to the carrier, indicating the reason, and contact Desplans on the same day;
- Not sign the delivery order. No claim shall be admissible if the delivery order has been signed.
If the package is shipped using a private carrier, the carrier shall not be required to deliver the package inside the user’s residence; they may leave it at the entrance to the building or the house. The user must arrange for the package to be brought inside. Receipt of the items transported shall remove the right to take any action against the carrier on account of damage or partial loss if the recipient has not notified the carrier of their justified claim within three days (excluding public holidays) of the said receipt of the goods, by extrajudicial deed or registered letter (art. L133.3 of the French Commercial Code).
10. Right to retract
The user shall have the right to return any work that does not suit them, in accordance with art. L121-20 of the French Consumer Code. The user shall have a period of 15 calendar days to request that the product be returned. To do this, they must contact Desplans, who will indicate the terms and conditions; the user shall then have a period of 10 days to return the product as indicated. The order must be shipped in its original packaging.
If the order was shipped using:
- La Poste (Colissimo, Chronopost): the user shall make the return shipment using La Poste (shipping costs shall be at the user’s own expense);
- a carrier firm: the user shall make the return shipment using the same firm. This service shall be charged at the same price as the initial shipment.
No return for cash on delivery shall be accepted for any reason whatsoever.
Items returned without their original packaging or that are incomplete, damaged or soiled by the user shall not be accepted. Return shipping is at the user’s own expense. Desplans shall refund the price of the returned items within 15 days of receipt thereof, as well as the original shipping costs, by crediting the bank account used for payment, or by cheque, depending on the method of payment used for the order.
Return shipping is at the user’s own expense.
This right shall not apply to orders placed by companies.
11. Right of return
If the works received by the user do not comply with the order, the user has the right to return the works. In that event, the user must contact Desplans, who will indicate the terms and conditions for return of the goods.
Desplans shall exchange the damaged article, subject to availability. If an item is no longer available, Desplans shall offer the user the option to choose another work for an equivalent amount. In the event of the right to return and only in such a case, the costs of the return shipment and the shipment of the new product shall be borne by Desplans.
12. Customer service and claims
Desplans can be contacted with any question; see the Contact heading on the website (email or phone at the cost of a local call from a landline).
13. Personal data
The user acknowledges and expressly accepts:
1. that the data gathered on the website shall be proof of the transactions effected with respect to these terms and conditions;
2. that these data shall constitute the only method of proof admitted between the parties, particularly for the calculation of the sums due to Desplans. The user may access these data on their Account Page.
Notwithstanding the other obligations provided for in these terms and conditions, the user undertakes to comply with the following:
The user shall be solely responsible for wear and tear on the products (scratches, smears, etc.).
It is the responsibility of the user to take the necessary steps to safeguard the data on their Account Page, as they consider necessary; no copy of the said data shall be provided to the user. Desplans cannot be held liable in the event of any loss of these data.
The user is informed and accepts that they must be connected to the Internet when placing their order and that the effective placing of the order depends directly on this connection, for which the user alone is responsible.
15. User’s guarantee
The user shall guarantee Desplans against all complaints, claims, actions and/or grievances whatsoever that might be brought against Desplans due to the violation by the user of any of their obligations or guarantees with respect to the provisions of these general terms and conditions.
The user undertakes to indemnify Desplans for any losses or harm that it might suffer and to pay all fees, charges and/or damages that Desplans might incur as a result.
16. Penalties for infringement
In the event of an infringement by a user of any of the provisions of these general terms and conditions or, more generally, of the laws and regulations in force, Desplans reserves the right to take any and all appropriate measures and, in particular:
•to prevent or forbid any user having committed an infringement or offence, or participated therein, from placing an order;
•to take legal action.
17. Desplans responsibilities and guarantees
Desplans undertakes to carry out regular checks in order to ensure that the website is functioning properly.
Desplans shall endeavour to keep the content of the website updated and reserves the right to correct the said content, at any time and without prior notice. As such, Desplans reserves the right to interrupt access to the website temporarily, for the purposes of site maintenance. However, Desplans cannot guarantee the accuracy and completeness of the information on the website. The website may contain links to other websites. Desplans cannot be held responsible for problems relating to access to or the content of these websites. Desplans undertakes to comply with all legal guarantees. The works offered for sale comply with the provisions of French law and Desplans cannot therefore be held responsible for any infringement of the law specific to the country to which the work is shipped. Consequently, the user alone is responsible for compliance with the law in force in their destination country.
Likewise, Desplans cannot be held liable for any temporary difficulties or interruptions in accessing the website due to external circumstances, force majeure or problems with the telecommunications network.
Consequently, Desplans cannot be held liable for any downtime on the website, or any virus, inaccuracy or omission relating to the information available on the website, any losses or harm resulting from the hacking of the website by a third party leading to a change in the information available on the site.
18. Force majeure
Desplans may not be held responsible for any delay or other problem resulting from a force majeure event, pursuant to article 1148 of the French Civil Code.
19. Intellectual property
The user’s rights over the purchased work shall be limited to a right of private use only, and shall exclude all rights to representation or reproduction.
The architect is the holder of the copyright to their work, under the terms of French law.
The rights to representation and reproduction of the works presented on the site belong to the creators of the said works and to Desplans. Their joint authorisation shall be required for any use of the said works.
The user does, however, have the right to resell the works that they have bought.
Intellectual property rights
The content (works, texts, images, visuals, music, logos, brands, database, etc.) used by Desplans on the website are protected by copyright, trademark and industrial design rights and/or any other intellectual property rights. These elements belong to Desplans or may be used by Desplans with the agreement of their owners.
Any extraction, reuse, copying, reproduction, representation, use, adaptation, modification, incorporation, translation or marketing of the said content, in whole or in part, by any process or on any media whatsoever (paper, digital, etc.) without the prior authorisation of Desplans in writing, is strictly forbidden and may lead to legal action.
20. Personal data
If the user so indicates on their profile, they may receive marketing emails from Desplans or its partners.
Pursuant to the Data Protection Act of 6 January 1978, the user has the right to access, modify, correct or delete the data concerning them.If the user changes their mind, they may choose to unsubscribe from these emails and may modify any other personal data by contacting Desplans (see the Contact heading on the website) or by logging on to their Account Page.
Desplans reserves the right to add any advertising or promotional messages, in any form and under the terms and conditions of which Desplans alone shall be the judge, to any page on the website and in any communication to users.
22. Links and third party websites
Desplans cannot under any circumstances be held liable for the technical availability of any websites or mobile apps operated by third parties (including any of its partners) that the user may access via its website.
Desplans shall not be responsible for the content, advertising, products and/or services offered or displayed on such third party websites and mobile apps; the said websites and apps are governed by their own terms and conditions of use.
Moreover, Desplans cannot be held liable for any transactions realised between the user and any such advertiser, retailer or merchant (including any of its partners) to which the user might be directed via the website and shall not under any circumstances be party to any lawsuits resulting therefrom.
23. Term of subscription; unsubscribing
Account Pages are created for an indefinite term.
The user may modify their own Account Page or request the deletion thereof at any time, by sending such a request to Desplans by email, to the contact details indicated on the website.
Desplans reserves the right to modify these general terms and conditions at any time.
The user shall be informed of these modifications by any appropriate means.
Any user who does not accept these general terms and conditions thus modified must unsubscribe in accordance with the terms and conditions provided for in the previous clause.
Any user who places an order after the effective date of these general terms and conditions thus modified is deemed to have accepted the said modifications.
Should these general terms and conditions be translated into one or more different languages, the language of interpretation shall be French in the event of any contradiction in or dispute over the meaning of any term or provision therein.
26. Applicable law and jurisdiction
These general terms and conditions are governed by French law.
They are available in the language of the website; see clause 3.
In the event that this contractual relationship results in a lawsuit, the user and Desplans undertake to seek an amicable solution before bringing any legal action. Should such an undertaking fail, the parties agree that the Paris Courts shall have exclusive jurisdictional authority, unless mandatory rules of procedure require otherwise.
27. Effective date
These general terms and conditions entered into force on 31 December 2015.