©2018-19 by Stéphane LANGE

N° siret: 82470378900019

www.mcca-mediation.fr

Phone: +33.(0)667.104.523 

Location: Lyon - France

  • email
  • Blanc Icône Instagram
  • Facebook - White Circle
Terms of Sales. (GTC)

Stéphane LANGE, visual artist, I propose to the sale of fragile and sophisticated laboratory products. The General Conditions of Sale which will always constitute the basis on which are the orders and the contracts, you will recognize you to have confirmed and accepted by placing your order on my site entitled "Conception of Papillon by Stéphane Lange". You can consult the General Conditions of Sale at this location and if necessary. I do not concede any conflicting terms of the customer, unless I acknowledge it.

General provisions:

1. What services do we offer?

At your request, via the help of data entry tools available on the website www.butterflydesignbysl.com, we perform the following services: From digital models that I present to you in the "PRODUCTS" category, and in its subcategories "Fine Art", "Acrylic", "Metal Print", we create prints and physical prints, that is to say digital data reproduced on a support material with optional frame or lamination.

2. How is the procedure proceeding?

2.1. The products presented in the online store do not represent a legally binding offer, but a non-contractual online catalog. By clicking on the "Check out with PayPal" button, you place a firm order for the items contained in the cart. The confirmation of receipt of the order follows immediately after the sending of the order and does not constitute a contractual acceptance. We can accept your order by sending an order confirmation by e-mail or delivery of goods within seven working days minimum. For products of a single order that are not included in the shipping documents, there is no sales contract. Shipping costs will be collected for delivery. We will communicate the amount of the shipping costs at the time of the order. If, in case of shipment to countries outside the EU, taxes, duties or customs duties are due, these will be your responsibility.

2.2. Our delivery times are "standard" and are non-contractual. Consequential damages can not be compensated. We reserve the right to make partial deliveries.

2.3. We would like to draw attention to the fact that for this part of the contract, any right of revocation of the order under Article Art. L. 121-21-8 (right of revocation and restitution for distance sales contracts) is excluded, since the works created according to your instructions are made in a personalized way and adapted to your personal needs. (Article L. 121-21-8 No. 3). For details, see below under "Right of withdrawal".

3. What remuneration do we receive?

The remuneration for our services under paragraph 1 of these T & Cs is the one indicated in the price list currently in force, available on www.butterflydesignbysl.com and which we specify in the context of the order procedure. We have the right at any time to change the price list for future orders without notice.

4. How is the payment done?

4.1. Payments for the services provided will be collected by Stéphane LANGE, via the PayPal online payment service, which allows you to pay for purchases, receive payments, or send and receive money. PayPal (Europe) SàRL & Cie, SCA is a credit institution licensed in Luxembourg.
The purchase price must be charged in advance, plus shipping costs appearing on the offer page, by debit note on the Stephane LANGE PayPal account identified by the account under the following email address "butterflydesign .contact @ gmail.com ", by credit card (MasterCard, VISA, American Express) or via PayPal, since an order is created especially for you.

4.2. The payment must always be made in favor of Stéphane LANGE, if it is, in the context of an offer, a subject proposed by a third party, Stéphane LANGE will send the amount proportionally to the third party concerned.

4.3. In the event that the client's account does not have sufficient coverage or if the client objects without subject to the direct debit, Stéphane LANGE can charge the client a processing fee of € 200.

4.4. If the customer shows a delay in payment, Stephane LANGE is entitled to demand default interest at the rate of 6% on the basis of the annual base interest rate published by the ECB and a flat rate of € 7.50 per call back. except the first reminder. If Stéphane LANGE justifies an injury resulting from a delay of a higher amount, Stéphane LANGE has the right to assert this right. The customer has the right to prove, for the aforementioned cases, that Stéphane LANGE suffered absolutely no harm or that it is lower than the aforementioned lump sums.

5. Retention of title

The realized works remain the property of Stéphane LANGE until their full payment.

 

6. Execution of your order and rights of third parties

We assume that you have unlimited rights to the works you have ordered.

 

7. How should you back up your data?

You have the obligation before sending us your order to create a backup copy of the data used (photos, images, subjects, etc.). If you fail to comply with the above obligation and are the victim of harm under this order, we will then decline all liability for such damages, which could have been avoided if the above-mentioned obligation to create a backup copy had been breached. been respected.

Contractual clauses:

8. What if you want to make a claim regarding our services?

8.1. If you are a merchant, you must without delay after delivery examine the works done in the context of current affairs and send us your complaint in writing without delay; Article Art L.216-1 applies without limitation.

8.2. In all other cases, if there is an apparent defect, a complaint is allowed within one week. For the calculation of the deadline, the delivery date as well as the day of receipt of the letter of complaint are taken into account.

8.3. In case of complaints, all the vouchers forming part of the order must reach us. Otherwise, the immediate verification and processing of the claim for default will not be guaranteed.

8.4. Any defect in any part of the delivered goods does not entitle you to claim the entire delivery, unless it is a partial delivery that does not present any legitimate interest to you.

9. What guarantee are our services subject to?

9.1. We guarantee for 2 years from delivery that our products are free from visible defects.

9.2. In the event of justified claims, we have the right, at our discretion within a reasonable time, to make a new production or a subsequent improvement. If the new production or subsequent improvement is unsatisfactory, you may then require the termination of the contract or a reduction of the payment.

9.3. Papers, colors, chemicals and other materials used in our basic products and manufacturing processes may, like other colors, also slightly deteriorate over time, occasionally even from one production batch to another . In the case of such frequent variations of this nature for these products or in the sector, there is no right of substitution of any kind whatsoever. These alterations occur especially over time due to high temperatures or humidity, or large variations in these, as well as solar radiation.

10. How and with whom is the contract concluded?

10.1. The products, services and topics presented by "Butterfly Design by Stéphane Lange" are offered in the name and on behalf of Stéphane LANGE, Lyon, France.

10.2. The products presented in the online store do not represent a legally binding offer, but a non-contractual online catalog. By clicking on the "Check out with PayPal" button, you place a firm order for the items contained in the cart. The confirmation of receipt of the order follows immediately after the sending of the order and does not constitute a contractual acceptance. We can accept your order by sending an order confirmation by e-mail or delivery of goods within seven days minimum. For products of a single order that are not included in the order confirmation and shipping documents, there is no contract of sale. Please note that we sell all products only in the usual quantities in a household.

11. How is the commissioned work delivered?

Unless otherwise agreed, delivery is made from the warehouse to the address you have indicated. After delivery, you will usually receive a confirmation e-mail from us.

 

12. What is the shipping cost?

The shipping costs can be consulted in the text of the corresponding offer and the order summary.

13. What should I do with purchased artwork when presenting third party images / photos?

13.1.Please note that you acquire, for the purchase of a work with the contents of our imagery, only the real property on this one. No other right of use of any kind is granted. Any reproduction (copying), distribution, rental, making available to the public or other analog or digital exploitation is prohibited.

13.2. In the same way, the public exhibition of the acquired works of art can in particular cases require the agreement of Stéphane LANGE.

13.3. You have the right to resell the work as you wish.

 

14. Procedure in case of non-availability

In the unlikely event of unavailability of the means of production required for your order, we will notify you without delay and, depending on the possibilities, you will indicate an approximate delivery time.

Right to retract:

15. Right of withdrawal

You have a period of 14 days to cancel your contractual commitment, without invoking any reason, in writing (eg e-mail) or by telephone. The period begins after receipt of this warning in written form, but not before the goods are received at the addressee (in the event of iterative delivery of items of the same kind, not before the entry of the first partial delivery) and also not before the fulfillment of our information obligations under Article Art. L. 121-21 in relation to Article Art. L. 121-21-8 and our obligations under Article Art. L. 121-17 in relation to Article Art. L. 121-21. To comply with the withdrawal period, the timely sending of the retraction or product is sufficient. The withdrawal must be addressed to:

 

Stéphane LANGE
Lyon-France
E-mail : butterflydesign.contact@gmail.com

 

We would like to draw attention to the fact that for online works on www.butterflydesignbysl.com as well as works whose dimensions, trousseaux, enhancements ("Custom Product") are freely chosen and which come from the "Butterfly Design by Stéphane Lange" imagery, all right to retract is excluded, because the products are made according to your specifications or made to measure for your personal needs.

16. Consequences of the retraction

In the case of an effective retraction, each party is required to return to the other the benefits received as well as, if applicable, the profits drawn (eg interest). If you can not remit all or part of the benefits you received from us, or only in a deteriorated state, you must provide us with a substitute of the same value. Concerning the state of deterioration of the article and the profits drawn, you are only required to replace them to the extent that the profits or the degradation of the product can be attributed exclusively to their examination, outgoing the framework of a control of the characteristics and operation of the article. "Control of characteristics and operation" means the testing and testing of the article concerned as practically carried out in the store. In addition, you can avoid the obligation of compensation for damage due to the proper use of the goods by not using the goods as your property or by omitting anything that could affect its value. Goods that can be shipped must be returned to you at your own risk. We ask you to take care of the protective packaging adapted to the works. Ideally, the original special packaging used for transport remains entirely appropriate with all the protective materials.
You pay the shipping costs to return the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed 40 €, or if the value of the goods exceeds 40 € at the moment withdrawal, and that the amount of the same goods is only partially paid or no payment has been made. In other cases, we will take care of the shipping costs. The repayment obligations will be fulfilled within 30 days. For you, the delay begins at the time of sending the declaration of withdrawal or the goods, for us upon receipt of the return or the returned merchandise.

End of the information on the retraction

To ensure a fast treatment, you can contact Stéphane LANGE at the following number: +33. (0) 667.104.523. We also recommend that you always use the original packaging if possible in order to prevent any damage in case of return.

17. Agreement to cover costs in case of exercise of the right of withdrawal

You pay the shipping costs to return the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed 40 €, or if the value of the goods exceeds 40 € at the moment withdrawal, and that the amount of the same goods is only partially paid or no payment has been made.

Final provisions:

18. Integrity of the system and failure of the website "Butterfly Design by Stéphane Lange"

18.1. You must not use any mechanism, software or other script in association with the use of the website "Butterfly Design by Stéphane Lange", which may disrupt the operation of the website "Butterfly Design by Stéphane Lange".

18.2. You must not implement any measure that could cause an unbearable or excessive load of the "Butterfly Design by Stéphane Lange" infrastructure. You must not block or overwrite or modify the content generated by "Butterfly Design by Stéphane Lange" or intervene in any way on the website "Butterfly Design by Stéphane Lange" which could disrupt its operation.

18.3. The content posted on the website "Butterfly Design by Stéphane Lange" must not be copied, distributed, used or reproduced in any way without the prior consent of the right holder. This also applies to a copy through "Robot / Crawler" search engine technologies or other automatic mechanisms.

18.4.You will be liable for damages suffered as a result of misuse of the website "Butterfly Design by Stéphane Lange".

19. What are our responsibilities?

19.1. We take responsibility for respecting guaranteed delivery times up to the cost of shipping. Delivery times are valid and guaranteed only in the state they are published on our website.

 

20. Which right and which jurisdiction apply to this contract?

20.1. If you do not have your seat in France, these GSC are subject to the substantive law of the French Republic to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). www.cisg.fr

20.2.1. Mediation procedure: In order to facilitate and favor the use of amicable dispute resolution methods between consumers and professionals, since 1 January 2016, all professionals are supposed to guarantee the consumer effective recourse to a mediation mechanism of the consumption. (Articles L156-1 and following and R156-1 and following of the Consumer Code).

20.2.2. Contact information for the competent mediators:

Fédération du Commerce Coopératif et Associé (FCA), 77 rue de Lourmel - 75015 Paris, France. www.mcca-mediation.fr

21. What happens to my personal data?

You will find all the information on this subject in our declaration on data protection.

 

22. What is the period of validity of these GTCS?

The GTC are valid for the period covering the complete execution of the contract between you and Stéphane LANGE. They are also valid for future transactions and other commercial transactions, even if this does not require for this purpose a new confirmation if necessary, until the modification of your part or a termination of the contractual relations by the deletion of all the data d 'user.

 

23. How can we modify the present GTS?

We reserve the right to change the Terms and Conditions at any time and without giving reasons. We will notify you expressly of any changes to the conditions on our site. In case of modification of the GTC, a new agreement on your part will be necessary.

 

Edition: February 15, 2018