GENERAL TERMS OF SALE
In force on 10/06/2024
ARTICLE 1 - SCOPE
These General Conditions of Sale (called «GTCS») apply, without restriction or reservation to all sales made by the Seller to non-professional buyers (“The Customers or the Customer»), wishing to acquire the products offered for sale («Products») by the Seller on the site www.anthrofigurines.com.
The Products offered for sale on the site are handmade figurines, which are approximately 18 cms tall for standing models, 10 cms for kneeling/crouching/reclining models.
Main materials used are:
-UV resin
-acrylic paints
-metal
-glass
-pouring resin
-varnish
All other characteristics of the Products are presented
on the site www.anthrofigurines.com.
Customer is required to read before ordering. The choice and purchase of a Product is the sole responsibility of the Customer.
The offers of Products are understood within the limit of available stocks, as specified at the time of the placing of the order.
These T&Cs are available at any time at www.anthrofigurines.com and will prevail over any other document.
The Customer declares to have read and accepted these GTCS by closing the box provided for this purpose upon arriving on the site www.anthrofigurines.com, and before the implementation of the online ordering procedure.
Unless proven otherwise, the data recorded in the Seller’s computer system constitute the proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
Maximilien IONITA
Résidence La Serre Apt 06 20246 Prunelli-di-Fiumorbo
Registration number: 891 460 917 RM 2B
Email: anthrofigurines@gmail.com
Phone: 0627453694
ARTICLE 2 - PRICES
The Products are provided at the applicable rates listed on www.anthrofigurines.com, when the order is registered by the Seller.
Prices are expressed in USD, local tax included. The rates take into account any discounts that would be granted by the Seller on the site www.anthrofigurines.com.
These rates are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to change the prices at any time.
The Products presented on www.anthrofigurines.com are offered for sale worldwide.
Prices do include processing, shipping, transportation and delivery costs.
However, in case of order to a country other than metropolitan France, the Customer is the importer of the Products concerned.
For all Products shipped outside of France, the price will be calculated excluding taxes automatically on the invoice.
Customs or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
Product offers are valid as long as they are visible on the site, and as long as stocks are available.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and report any errors immediately.
Any order placed on www.anthrofigurines.com constitutes the formation of a contract concluded at distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order of a Customer with whom there is a dispute over payment of a previous order.
The Customer can follow the evolution of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within 10 days and until shipping has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 4 - CUSTOMER ACCOUNT
In order to place an order, the Customer is asked to create an account.
To do this, he must register by completing the form that will be proposed to him at the time of his order and undertakes to provide sincere and accurate information regarding his civil status and contact details, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using their username and password that will be communicated to them after registration and that are strictly personal. As such, the Client shall refrain from any disclosure.
Otherwise, he will remain the sole responsible individual for its use.
The Customer may also request his subscription cancellation by sending an email to anthrofigurines@gmail.com.
This will be effective within a reasonable amount of time.
In case of non-compliance with the general conditions of sale and/or use, the site www.anthrofigurines.com will have the possibility to suspend or even close a customer’s account after formal notice sent by email and remaining without answer.
Any deletion of account, whatever the reason, generates the pure and simple deletion of all personal information of the Client.
Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
ARTICLE 5 - PAYMENT TERMS
The price is paid by secure payment, as follows: payment by credit card with Stripe or Paypal. The price is payable by the Customer in full on the day of payment of the order.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the provider of authorized payment for banking transactions made on www.anthrofigurines.com.
Payments made by the Customer will only be considered final after actual collection by the Seller of totality of the due sums.
The Seller will not be required to issue the Products ordered by the Customer if the latter does not pay the price in full under the above conditions.
ARTICLE 6 - ORDER PRODUCTION TIME AND DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or worldwide.
The ordrered products are handcrafted and will require a production time ranging from 01 to 06 months before being delivered to the address indicated by the Customer upon his/her order on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in time, within reasonable postal delivery time.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer in the time limits specified above.
If the Products ordered have not been delivered within 1 month after the indicated shipping date, for any other reason than force majeure, the sale may be resolved upon request of the Customer, under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him within 15 days following the date of termination of the contract, excluding any compensation or withholding.
In case of special request of the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the specific supplementary related costs will be invoiced on a quotation previously accepted in writing by the Client.
The Customer is required to check the condition of the delivered products. He has a period of 10 days from the delivery to make complaints by email, accompanied by all supporting documents (photos in particular).
After this 10 days period and failing to comply with these formalities, the Products shall be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The transfer of the risks of loss and deterioration related above will be realized only at the moment when the Client will physically take possession of the Products.
The Products travel at the risk of Seller except when the Customer has chosen the postal company. As such, the risks are then transferred to said postal company.
ARTICLE 7 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Given the nature of the Products sold, orders placed by the Customer do not benefit from right of withdrawal.
The contract is therefore concluded definitively by the Customer upon placing the order, according to the terms specified in these GTCS.
ARTICLE 9 - GUARANTEES
The Products supplied by the Seller benefit from:
• the legal guarantee of conformity, for defective, damaged or not corresponding to the order,
• the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
Article L217-4 of the Consumer Code:
"The seller is obliged to deliver goods in accordance with the contract and is liable for any defects in conformity existing at the moment of the delivery. It also responds to defects in conformity resulting from the packaging, the instructions of assembly or installation where it has been charged by the contract or carried out under the contractor's responsibility.”
Article L217-5 of the Consumer Code
“The good complies with the contract:
1) If it is suitable for the usual use expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- it has the qualities that a buyer can legitimately expect from public statements made by the seller, the producer or his representative, including in advertising or labelling.
2) Or if it has the characteristics defined by mutual agreement of the parties or is specific to special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted."
Article L217-12 of the Consumer Code
“An action resulting from a failure to comply shall be barred after two years from the good's delivery.”
Article 1641 of the Civil Code.
"The seller is liable for the guarantee because of hidden defects in the thing sold which make it unfit for the purpose for which it is intended, or which diminish such a use that the purchaser would not have acquired it, or would have given only a lesser price, had he known about them.”
Article 1648 first paragraph of the Civil Code
"The action resulting from the defects must be brought by the purchaser within two years to upon discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee that was given on the acquisition or repair of movable property, a restoration covered by the guarantee, any fixed period of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the purchaser’s request for intervention or from the date on which provision for repair of the property in question, if the provision is made after the request for intervention."
In order to assert its rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
If the defects of conformity, visible or hidden have been duly proven by the Customer,
The Seller can refund the client partially or totally, according to the situation and the Seller's judgement.
Else, and if the Client is consenting, he will provide a replacement product as soon as possible and at its expense according to the conditions provided for in Articles L 217-4 of the Consumer Code.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed not compliant or defective.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible.
Shipping costs will be refunded based on the rate charged and return costs will be refunded on presentation of supporting documents.
The Seller shall not be held liable in the following cases:
• failure to comply with the legislation of the country in which the products are delivered, which is the Customer’s responsibility to check,
• Misuse, professional use, negligence or defective maintenance on the part of the Customer, as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and will not incur the Seller’s liability.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or defective.
ARTICLE 10 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of Products and their delivery, entrusted to the Seller.
These personal data are collected solely for the execution of the sales contract.
The personal data collected on www.anthrofigurines.com are following:
-Account opening
-When creating the Customer / User account
-Full names, postal address, telephone number and e-mail address
As part of the payment of products offered on anthrofigurines.com, it records financial data relating to the bank account or credit card of the Customer/User.
Personal data are reserved for the use of the Seller and its employees.
The data host within the meaning of the Data Protection Act and from the 25th May 2018 of Regulation 2016/679 on the protection of personal data, is/are:
Wix Online Platform Limited.
Address: 1 Grant’s Row, Dublin 2 D02HX96, Ireland
Phone: +1 415-639-9034.
Unless the Customer expresses his express consent, his personal data are not to be used for advertising or marketing purposes.
The data host will keep the data thus collected for a period of 5 years, covering the time of the limitation of applicable contractual liability.
The data host implements organisational, technical, software and physical measures in this area digital security to protect personal data from tampering, destruction and unauthorized access.
However, it should be noted that the Internet is not a complete environment secure and the data host cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the regulations applicable to personal data, Customers and users of the www.anthrofigurines.com website have the following rights:
• They may update or delete their data, delete their account, exercise their right of access to know their personal data, request updating the information in the information, request the deletion of their personal data in accordance with the laws applicable in terms of data protection, may request the portability of data held by the data host to another provider and object to the processing of their data by sending a mail to the address as follows:
Wix Online Platform Limited.
1 Grant’s Row, Dublin 2 D02HX96, Ireland.
These rights, if they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the data host whose details are indicated above.
The manager must provide a response within a maximum of 1 month.
In case of refusal to grant the request of the customer, the latter must be justified.
The customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The customer may be asked to tick a box under which he agrees to receive advertising emails from the seller.
He will always have the possibility to withdraw his agreement at any time by contacting the seller or by following the unsubscribe link.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website www.anthrofigurines.com is the property of the Seller and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These GTC and the resulting transactions are governed and subject to French law.
These T&Cs are written in English. In the event that they are translated into several foreign languages, only the English text would prevail in case of dispute.
ARTICLE 13 - DISPUTES
For any complaint please contact customer service at the address or email of the Seller indicated in ARTICLE 1 of these GTCS.
The Client is informed that he can in any case resort to a conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution (conciliation for example) in the event of a dispute.
The Client is also informed that he can also use the Online Settlement platform of Litigation (ODL).
All disputes to which the purchase and sale transactions concluded pursuant to these GTC and that has not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the courts competent under ordinary law.
The creation of a customer account on www.anthrofigurines.com leads to the acceptance of these general terms and conditions of sale.