Clause 1: Purpose and Scope
The present terms of sale constitute the basis of the commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
The general conditions of sale described hereafter detail the rights and obligations of the sole proprietorship EI – ALEXANDRE MIKE ABIDINE named hereafter “ALEXANDRE Creative” and of its customer within the framework of the sale of the following goods: Unique and/or limited and numbered work of art.
Any acceptance of the quotation/order form including the clause “By continuing to purchase, you agree to our Sales terms and Conditions and Privacy Policy.” implies the buyer’s unreserved adherence to these terms and conditions of sale.
Clause 2: Price
The prices of the products sold are those in vigor on the day the order is taken. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
ALEXANDRE Creative reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices indicated when the order is registered.
ALEXANDRE Creative is not subject to VAT under the article 293B of the General Tax Code.
Clause 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company ALEXANDRE Creative would have to grant in view of its results or the assumption of responsibility by the buyer of certain services.
Clause 4: Discounting
No discount will be granted for early payment.
Clause 5: Terms of payment
Clause 5.1 : Terms of payment relating to orders realized on the website
The payment of the orders carried out on the site is to be honoured at the time of the order and can be carried out :
- by credit card
- by PayPal
The modalities related to the refund are described in the clause 10 : Return Policy.
Clause 5.2: Terms of payment for a custom order
The term ” the customer ” defines one or several customer(s).
The term “the parties” refers to: the customer and ALEXANDRE Creative.
Within the framework of a personalized order, the company ALEXANDRE Creative applies the following process:
- Receipt of the custom order request by email
- Exchange between the parties on the project
- Sending of a quote for validation of the project (quote valid for 30 days)
- Validation of the quote by return signed by the customer
After validation of the estimate by the parties
The customer will have to pay a first installment of 30% of the amount of the order at the beginning of the project.
The division of the other installments will be defined on the estimate according to the nature of the project.
The payment of the instalments can be made:
- by Stripe (according to the payment methods offered by the service)
The payment of the instalments must be made within 30 days following the receipt of the invoice.
According to the article L221-28 of the code of the Consumption: “the supplies of goods made according to the specifications of the consumer or clearly personalized” cannot be the subject of a right of retractation.
Increase applicable if the regulations are not respected.
Clause 6: Late payment
In the event of total or partial non-payment of the products delivered on the due date, the buyer must pay ALEXANDRE Creative a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied shall be that in force on the day of delivery of the products.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid at its due date will automatically result in the payment of a fixed penalty of 40 euros (€) due for collection costs.
Clause 7: Resolutory Clause
If within fifteen days following the implementation of the clause “Late payment”, the buyer has not paid the sums still due, the sale will be automatically cancelled and may give rise to the right to claim damages for the benefit of the company ALEXANDRE Creative.
Clause 8: Retention of title clause
The company ALEXANDRE Creative retains ownership of the products sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is the subject of a receivership or liquidation, the company ALEXANDRE Creative reserves the right to claim, within the framework of the receivership, the products sold and remaining unpaid.
The company ALEXANDRE Creative retains the right to the image of all the products (artwork etc.) that it creates. The sale of a product does not constitute a transfer of the right to the image and its use.
Clause 9: Shipping
Within the framework of the activities of the company ALEXANDRE Creative, the order of an artwork requires a preparation time at least 20 working days before sending. This preparation time may be longer depending on the nature of the work.
In the case of a holiday, this period may be indefinite before the reopening. In this case, an informative note will be indicated on the website.
The delivery is made:
- either by handing over the products directly to the buyer
or - by sending a notice of availability in a relay point to the attention of the buyer
or - by depositing the products at the place indicated by the buyer on the order form
The delivery time indicated at the time of order registration is given as an indication only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the buyer to:
- the allocation of damages and interests
- the cancellation of the order
ALEXANDRE Creative undertakes to insure the shipment up to the amount of the order (excluding shipping costs and up to the maximum possible by our delivery partner: La Poste). However, the risk of transport is borne entirely by the buyer.
In the event of missing or damaged products during transport, the buyer must formulate all necessary reserves on the order form upon receipt of the said products. These reservations must also be confirmed in accordance with our clause 10 : Return Policy.
Clause 10: Return Policy
According to the article L221-28 of the code of the Consumption, the customer has a right of retraction of 14 days at the time of a purchase carried out on Internet except particular clause.
Clause 10.1: How do you return works?
- Write an email to contact@alexandre-creative.art and indicate that you would like to return the artwork purchased
- Return the artwork and its certificate of authenticity within 14 days in perfect condition. The return is at the buyer’s expense. All eligible works are returnable (unless otherwise specified)
- You will receive a full refund as soon as ALEXANDRE Creative receives the package (excluding shipping costs: outbound & return)
Clause 10.2: When will I receive a refund?
You will be refunded on the same payment method you used, as soon as the goods is returned to us in perfect condition, in its original packaging. We recommend insuring the return shipment up to the value of the artwork.
In the case of payments in cryptocurrency, the refund will be made in euros (€), at the amount of the work indicated on the invoice.
Shipping costs will not be refunded.
Clause 10.3: Artworks not eligible for the Return Policy
In the cases mentioned below the return policy does not apply.
- Custom orders or custom work made especially for you
- Special orders where a specific return policy is mentioned
- Damaged artwork, unless reported within 48 hours of delivery
Specific case of return:
- Artwork in perfect condition and physical certificate damaged, unless a report has been made within 48 hours of delivery, a penalty of 150 euros (€) will be applied to your refund
Clause 11: Issuance of certificate of authenticity
ALEXANDRE Creative’s artworks are accompanied by a digital certificate of authenticity (NFT) and their physical alter ego (card).
When you receive your artwork, you will also receive the physical format of the certificate. However, this physical version alone does not constitute the certificate of authenticity. It is its association with NFT that constitutes the certificate of authenticity.
This mention will be written on the card: “This certificate is only valid unless accompanied by its NFT of authenticity”.
Clause 11.1: Delays in issuing the NFT of authenticity
The NFT of authenticity will be issued to you at the end of the 14 days period to allow you to benefit from the return policy.
Clause 11.2: How can I exchange my physical certificate because it is damaged?
If the QR-code on the certificate of authenticity of your work is no longer functional, simply contact us by email and send us the defective card, so that we can renew the certificate at no extra cost.
If you wish to exchange your certificate because it is damaged (with a functional or non-functional QR-code) or create a new card (work acquired in the secondary market), you will be charged 150 euros (€) for the reissue and shipping.
Nevertheless, if you are not in possession of your NFT of authenticity no replacement will be carried out.
Clause 12: Force majeure
ALEXANDRE Creative shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause 13: Jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
The original language of this contract is the French.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Toulon.
The Sales terms have been translated and made available into different languages. Notwithstanding their translation, you agree that, in the event of a dispute arising out of or relating to these Terms, only the French version of these Terms shall be referred to and prevail.