Terms of sale

TERMS OF SALES

GALERY
SAS with a capital of €10,000
Registered with the Bobigny Trade and Companies Registry under SIRET number 893941229
Headquarters located at 24 rue Davoust, 93500 Pantin, France.

1. Identification of the Seller

This site is accessible at the internet address https://www.elisaparron.art and is operated by Shopify.
The customer service of GALERY can be reached at the contact details above or via email at help@mygalery.fr.

2. General Provisions Relating to the Terms and Conditions of Sale, Hereinafter Referred to as "T&Cs"

2.1 Purpose of the T&Cs

The T&Cs apply exclusively to online sales of products by GALERY SAS on the e-commerce website https://www.elisaparron.art.
They are written in French, and in case of doubt about the interpretation of a potential translation, only the original French version will prevail.
These T&Cs, along with the consumer's validated order form, constitute the contractual documents that are enforceable between the parties.

2.2 Scope of the T&Cs

These T&Cs exclusively govern the online sales contracts for products by GALERY SAS (hereinafter referred to as the "seller") to consumers (hereinafter referred to as "consumers"). They, together with the order confirmation email, constitute the only contractual document. Under no circumstances can they obstruct the consumer’s right of withdrawal.

2.3 Availability and Enforceability of the T&Cs

The T&Cs are made available to consumers on the website https://www.elisaparron.art.
By confirming the payment, the consumer acknowledges having accepted the entire T&Cs without reservation.
The validation of the order by confirmation serves as the buyer's adherence to the T&Cs in force at the time of the order.
The seller ensures the storage and reproduction of the T&Cs as required by Article 1127-1 of the French Civil Code.

2.4 Modification of the T&Cs

The seller reserves the right to modify these T&Cs at any time, either in whole or in part, without prior notice and without compensating the consumer.
In the event of a modification of the T&Cs, the T&Cs applicable are those in force on the day of the order.

2.5 Severability Clause

If any of the provisions of these T&Cs is found to be invalid, it will not affect the validity of the remaining provisions, which will continue to apply.
The temporary or permanent non-application of one or more provisions by the seller does not constitute a waiver of other provisions.

3. Products

3.1 Product Characteristics

Consumers can request additional information about a product by contacting the seller's customer service.
Each product for sale on the site is described with its essential characteristics, in accordance with Article L.111-1 of the French Consumer Code.
A consumer who places an order despite missing information on a product is deemed to accept the product in the state in which it will be delivered.
There may be minor differences in product appearance, such as color, material, finishes, etc. The consumer may not request a refund or exchange for slight modifications.

3.2 Compliance

The products are in compliance with French regulations concerning safety, health, commercial transactions, and consumer protection when placed on the market.

4. Prices

4.1 Sale Price

The sale prices for each product on the site https://www.elisaparron.art are indicated in euros, including all taxes, but excluding delivery, transport, and/or preparation fees. These additional fees are displayed before the order is finalized and are charged separately.
The total amount owed by the consumer for the order is indicated on the order confirmation page.

4.2 Price Modification

The seller reserves the right to modify prices at any time, either up or down, without notice.
In case of a price change after the consumer has placed the order, the price applicable will be the one in effect at the time the order was placed.

5. Offer

The online offers are available to consumers located in mainland France and Corsica.
These online offers are valid subject to product availability (unless otherwise stated with a specific duration).
The consumer accepts the offer by following the "double-click" process: the consumer first clicks to confirm their shopping cart and is then prompted to click again to confirm the order summary, which allows them to proceed to the secure payment page.

6. Order

6.1 Steps to Conclude the Online Sales Contract:

To place an order, the consumer fills their virtual shopping cart with the desired items. The consumer selects the desired product, indicates the size and color if applicable, the quantity, and then clicks "Add to Cart."
The consumer is then redirected to a summary page of their choices, where they can verify, correct, or modify their order.
Once confirmed, the consumer must click "Confirm Order." This second click constitutes the full and unconditional acceptance of the T&Cs and forms the contract.
An order confirmation email is sent to the consumer as soon as possible.

The consumer is responsible for providing accurate and complete information when placing an order, including contact details, full delivery address, name, phone number, and email address.
The seller is not responsible for errors in the consumer’s input or incomplete information, except in cases of hidden defects or legal guarantees.

6.2 Order Modification

Any order modification after confirmation is subject to the seller's acceptance and product availability.
Modification requests can only be processed before the order preparation, which typically takes 24 hours, but may be shorter, and no guarantee is provided for this timeframe.
The seller is not obligated to accommodate late modification requests after the order has been prepared.

6.3 Order Validation

The seller reserves the right to refuse any order for legitimate reasons.
The seller may refuse orders from a consumer with whom there is an unresolved dispute.
In case of refusal, the consumer will be fully refunded within a reasonable time, not exceeding 30 days.

6.4 Product Unavailability

If one or more products in an order are unavailable, the seller will inform the consumer promptly and offer a similar product of equivalent quality and price.
If the consumer prefers, they may opt for a refund or a store credit for future purchases.

7. Contract

7.1 Conclusion

The sales contract is concluded when the consumer performs the double-click to confirm the order.

7.2 Termination

The seller may terminate the contract in the following cases:

  • Refusal by the consumer to take delivery of the ordered products.
  • Return of the product to the sender due to inaccurate information provided.
  • Non-payment of the price (without prejudice to possible legal action against the consumer).

In these cases, other than the legal right of withdrawal, any deposit paid will be kept by the seller as compensation.

8. Right of Withdrawal

From the moment the products are received, the consumer has a legal right to withdraw within 14 days without providing justification or paying penalties.
Return shipping costs are the responsibility of the consumer.
To exercise this right, the consumer must complete and send the withdrawal form provided at the end of these T&Cs to the customer service.
Upon receiving the withdrawal request, the consumer will be assigned a return number.
The consumer must return the products without undue delay, preferably with the return number, to the seller at the following address:

GALERY SAS / ELISA PARRON
24 rue Davoust, 93500, Pantin, France

The consumer will be refunded within 14 days following receipt of the products, provided that the items are returned in their original packaging, complete, in perfect condition, with tags intact, unworn, and unwashed, along with the original invoice and return form.
Any return that does not meet these criteria will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product are the responsibility of the consumer.

8.1 Mediation

In accordance with Article L. 612-1 of the French Consumer Code, within one year from the written complaint, the consumer may request amicable resolution via mediation by:

SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
Website: https://www.sasmediationsolution-conso.fr
Email: contact@sasmediationsolution-conso.fr

9. Payment

The full price is due upon confirmation of the order.
Payment is processed via a secure third-party platform.
The consumer’s banking information is not accessible to the seller and is handled solely by trusted third parties for secure processing.
GALERY accepts CB, Visa, and Eurocard/Mastercard cards issued by banks within the European Union.
Payment can also be made via PayPal.

10. Delivery

The seller commits to dispatching the products to the carrier within 7 business days after full payment receipt. During peak seasons such as sales, private sales, and holidays (December 1 to January 10), this period may extend to 10 business days.
No compensation will be due for delays caused by the consumer, the carrier, or any force majeure event (such as weather conditions, postal strikes, etc.).

11. Delivery

11.1 Delivery Methods

Products are delivered to the address provided by the consumer when placing the order.
The delivery methods available, along with their corresponding costs, are displayed on the website at the time of the order.
The seller may use third-party logistics companies to handle the delivery.
Delivery times are indicative and depend on the availability of the products and the delivery method chosen by the consumer.

11.2 Delivery Timeframe

The seller commits to dispatching the products to the carrier within 7 business days after receiving full payment, unless a specific period is indicated for the product in question. During busy periods (sales, promotions, holidays, etc.), delivery may take longer, but no compensation will be provided unless explicitly agreed upon in writing.
For special delivery options, consumers will be informed of the delivery costs before finalizing the order.
Any delays caused by the carrier, including during periods of force majeure, are not the seller’s responsibility.

11.3 Non-Delivery or Late Delivery

If the delivery of an order does not occur within the expected time frame, the consumer should contact customer service to verify the status of their delivery. In the event of failure to deliver the goods within 30 days from the order confirmation, the consumer may cancel the sale and request a full refund, provided the non-delivery is not due to their fault.

12. Transfer of Ownership and Risk

The ownership of the goods passes to the consumer when the seller has received full payment for the goods, including any shipping or additional fees.
The risks of loss, damage, or theft are transferred to the consumer once the products are delivered to the address provided by the consumer, even if the ownership has not yet passed.

13. Warranty and Returns

13.1 Legal Warranty of Conformity (Article L. 217-4 of the French Consumer Code)

The products sold on the website benefit from the legal warranty of conformity, which allows the consumer to demand the repair or replacement of a product that is not in conformity with the contract.
In case of lack of conformity or hidden defects, the consumer may request:

  • The replacement of the defective product with an identical product, subject to availability.
  • A full or partial refund of the price paid, if replacement is impossible.

This warranty applies to products that exhibit defects or non-conformities that were present at the time of delivery and that the consumer identifies within two years of receipt.

13.2 Warranty of Hidden Defects (Article 1641 of the French Civil Code)

The consumer also benefits from the warranty against hidden defects that may arise after the purchase.
If the consumer can prove that the defect was present before the sale, they may request a refund or replacement under the terms of the warranty of hidden defects.

14. Liability

The seller’s liability for any claim or complaint is strictly limited to the amount paid for the defective product. The seller is not liable for any indirect, incidental, or consequential damages resulting from the use of the product.

15. Force Majeure

The seller will not be held responsible for the failure or delay in the performance of the contract due to events outside of their control, including but not limited to strikes, natural disasters, pandemics, or issues related to the supply chain.

16. Personal Data and Privacy

16.1 Personal Data Protection

In accordance with the General Data Protection Regulation (GDPR), the seller is committed to protecting the privacy of the consumer’s personal data. The personal data collected is necessary for the processing of orders, delivery, and for customer service purposes.
The data collected will not be shared with third parties, except for necessary service providers involved in fulfilling orders (such as shipping companies).
For more information about how personal data is processed, please refer to the seller’s Privacy Policy.

16.2 Right to Access and Rectify

The consumer has the right to access, modify, or delete their personal data. To exercise this right, the consumer can contact the seller via email or mail at the provided contact information.

17. Intellectual Property

The content of the website, including all images, texts, logos, and graphics, is protected by copyright and intellectual property rights.
Any reproduction or unauthorized use of the website’s content is prohibited unless express permission has been granted by the seller.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with French law.
Any dispute arising out of or in connection with these T&Cs, including any question regarding their existence, validity, or termination, will be subject to the exclusive jurisdiction of the French courts.

18.2 Mediation and Dispute Resolution

Before taking any legal action, the consumer is encouraged to contact the seller’s customer service to try and resolve the issue amicably.
In case of unresolved disputes, the consumer may use a mediation service:

19. Withdrawal Form

The consumer has the right to withdraw from the contract by completing and sending the following withdrawal form to the seller’s customer service:

Withdrawal Form

To the attention of:
GALERY SAS
24 rue Davoust, 93500 Pantin, France
Email: help@mygalery.fr

I hereby notify you of my withdrawal from the contract for the sale of the following products:

  • Product(s) ordered on [insert order date]
  • Consumer’s name: [insert full name]
  • Consumer’s address: [insert address]
  • Date: [insert date]

20. Miscellaneous

20.1 Entire Agreement

These T&Cs represent the entire agreement between the parties regarding the sale and purchase of the products.
No amendment or variation of these T&Cs will be valid unless confirmed in writing by both parties.

20.2 Electronic Communication

By using this website, the consumer agrees that all communications related to these T&Cs and their application can be conducted electronically.
The seller will use the email address provided during the order process for all communication.