GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PRODUCTS TO INDIVIDUAL CONSUMERS
Preamble
These general terms and conditions of sale apply to all sales made on the website www.galeriejumble.com.
The website www.galeriejumble.com is operated by EI Galerie Jumble and EI Éditions Jumble located at:
25, rue des Fontaines – 56100 Lorient, France
Website URL: www.galeriejumble.com
Email: contact@galeriejumble.com
Phone: +33 (0)6 68 83 25 38
The website www.galeriejumble.com sells the following products:
– Urban Art / Street Art artworks (EI Galerie Jumble)
– Art Editions – Multiple Editions (EI Éditions Jumble)
– Objects (EI Éditions Jumble)
– Books (EI Éditions Jumble)
The customer confirms that they have read and accepted these terms and conditions before placing their order. The validation of the order therefore signifies acceptance of these terms and conditions.
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Article 1 – Principles
These general terms and conditions express the full extent of the parties’ obligations. The buyer is considered to accept them without reservation. These general terms apply to the exclusion of all other conditions, including those applicable for in-store sales or through other distribution channels. They are accessible on the website www.galeriejumble.com and will prevail, if applicable, over any other version or conflicting document. The seller and the buyer agree that these terms exclusively govern their relationship. The seller reserves the right to modify these terms from time to time. They will apply once they are published online. If a sales condition is missing, it will be governed by the current practices in the distance selling sector for companies based in France. These terms are valid until March 31, 2027.
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Article 2 – Content
These terms aim to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer via the website www.galeriejumble.com. These terms only apply to purchases made on the www.galeriejumble.com website and delivered exclusively in mainland France or Corsica. For deliveries to overseas territories or abroad, please contact us at contact@galeriejumble.com. These purchases concern the following products: Urban Art works, Art Editions, Multiples, Objects, and Books.
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Article 3 – Pre-contractual Information
The buyer acknowledges receiving, prior to placing the order and concluding the contract, these terms and conditions and all information listed in Article L. 221-5 of the Consumer Code, in a clear and comprehensible manner. The following information is provided to the buyer:
– Key characteristics of the product
– Price of the product and/or how the price is calculated
– Any additional costs for transport, delivery, or postage, and any other potential fees
– The date or timeframe in which the seller commits to delivering the product if not executed immediately
– Seller’s identity, contact details, activities, warranty information, digital content features, and interactivity if applicable
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Article 4 – The Order
The buyer may place an order online from the catalog via the form provided, for any product, subject to availability. The buyer will be informed if any product is out of stock. To validate the order, the buyer must accept these terms by clicking at the indicated location, choose the delivery address and method, and confirm the payment method. The sale will be considered final after:
– The seller sends the buyer an email confirming the acceptance of the order
– The seller receives full payment for the order
Any order implies acceptance of the prices and descriptions of the products for sale. Any dispute on this point will occur within the scope of a possible exchange or the warranties mentioned below. In some cases, such as non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the order until the issue is resolved.
For order tracking inquiries, the buyer can call +33 (0)6 68 83 25 38, Monday to Saturday from 9 AM to 7 PM, or email contact@galeriejumble.com.
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Article 5 – Electronic Signature
The online entry of the buyer’s credit card number and final order validation will serve as proof of the buyer’s agreement:
– Payment of the amounts due under the order
– Signature and express acceptance of all actions taken
In case of fraudulent use of the credit card, the buyer should immediately contact the seller via email at contact@galeriejumble.com.
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Article 6 – Order Confirmation
The seller will provide the buyer with an order confirmation via email.
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Article 7 – Proof of Transaction
The computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The archiving of orders and invoices is done on a reliable and durable medium that can be produced as proof.
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Article 8 – Product Information
The products governed by these terms are those listed on the seller’s website and indicated as sold and shipped by the seller. They are available within stock limits. The products are described and presented as accurately as possible. However, if errors or omissions occur, the seller’s responsibility cannot be held accountable. Product images are not contractual.
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Article 9 – Price
The seller reserves the right to modify prices at any time but commits to applying the prices in effect at the time of the order, subject to availability. Prices are listed in euros and exclude delivery fees, which are added before order validation. Prices include VAT at the time of the order, and any change in VAT rates will automatically affect the product prices in the online store.
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Article 10 – Payment Method
This is an order with payment obligation, meaning the buyer must make payment when placing the order. The buyer can choose from all available payment methods listed on the seller’s website. The buyer guarantees that they have the necessary authorizations for the chosen payment method. The seller reserves the right to suspend any order processing and delivery in case of a payment refusal or non-payment.
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Article 11 – Product Availability – Refund – Resolution
Except in cases of force majeure or periods of online store closure clearly announced on the website’s homepage, shipping times will be as stated below, subject to stock availability.
For deliveries in mainland France and Corsica, the delivery time is 48 to 72 hours.
For deliveries outside mainland France, contact us to discuss the specifics.
In case of non-compliance with the delivery date or time, the buyer must request the seller to execute the order within a reasonable additional timeframe. If not executed within this new period, the buyer may freely cancel the contract. In case of non-availability of the ordered product, the buyer will be notified and can choose to either cancel the order or exchange the product.
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Article 12 – Delivery Methods
Delivery refers to the transfer to the consumer of physical possession or control of the good. The products ordered will be delivered as per the methods and timeframes stated above. Products will be delivered to the address specified by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer’s expense. The buyer can request a separate invoice to be sent to the billing address instead of the delivery address by selecting this option on the order form. If the buyer is absent at the time of delivery, the carrier will leave a delivery notice with instructions for collection. If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If damaged, the buyer must refuse the package and note the damage on the delivery receipt (package refused as opened or damaged). The buyer must indicate any anomalies in writing, with signature, on the delivery receipt (damage, missing items, broken products, etc.). This verification is considered complete once the buyer, or an authorized person, has signed the delivery receipt. The buyer must then confirm these reservations by registered mail within two business days of receiving the items and send a copy to the seller. If the products need to be returned, the buyer must request the return within 14 days after delivery.
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Article 13 – Delivery Errors
The buyer must report any delivery errors or non-conformity of products in terms of nature or quality on the same day as delivery or within the first business day following delivery. Any claim made after this period will be rejected. Claims can be made via email at contact@galeriejumble.com.
Claims not made within the prescribed rules and timeframe will not be considered, releasing the seller from any responsibility. Upon receiving the claim, the seller will assign an exchange number for the affected product(s) and communicate it to the buyer by email. Product exchange can only occur after receiving the exchange number. If there is a delivery error, all products to be exchanged or refunded must be returned to the seller in their entirety, including the original packaging.
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Article 14 – Product Warranty
14-1 Legal Warranty of Conformity: The seller guarantees the conformity of the product with the contract, allowing the buyer to make a claim under the legal warranty of conformity as per Articles L. 217-3 and following of the Consumer Code. In the event of a legal warranty claim, the buyer is reminded that:
– The buyer has a 2-year period from delivery to take action
– The buyer can choose between repair or replacement of the product, subject to cost conditions in **Article L. 217-17
of the Consumer Code
– The buyer does not have to prove the non-conformity of the product during the first 24 months for new goods (12 months for used goods)
14-2 Warranty of Hidden Defects: In accordance with Articles 1641 and following of the Civil Code, the seller is liable for hidden defects that render the product unfit for its intended use. The buyer must prove that the defects existed at the time of sale and are significant enough to make the product unsuitable for its intended use.
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Article 15 – Right of Withdrawal
Right of Withdrawal Application: In accordance with the Consumer Code, the buyer has 14 days from the delivery date of their order to return any product they are dissatisfied with and request an exchange or refund without penalty, except for return shipping fees, which are the buyer’s responsibility. The products must be returned in their original condition and complete (packaging) to allow resale. Damaged, dirty, or incomplete products will not be accepted for return.
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Article 16 – Force Majeure
All circumstances beyond the parties’ control preventing normal execution of obligations are considered force majeure and will suspend the obligations of both parties. The affected party must inform the other party immediately upon occurrence of force majeure. Force majeure may include transport or supply blockages, earthquakes, fires, storms, floods, and telecommunication disruptions.
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Article 17 – Intellectual Property
The content of the website remains the property of the seller, who holds all intellectual property rights on the content. The buyers agree not to use this content; any total or partial reproduction of the content is strictly prohibited and may constitute an infringement.
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Article 18 – Data Protection
The personal data provided by the buyer is necessary for processing their order and issuing invoices. These data may be shared with the seller’s partners involved in the execution and management of orders. The buyer has the right to access, modify, rectify, and oppose the processing of their personal information, as defined on the website www.galeriejumble.com.
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Article 19 – Partial Invalidity
If any of these terms and conditions are found to be invalid due to a law, regulation, or court decision, the remaining provisions will remain valid.
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Article 20 – Non-waiver
Failure of either party to enforce any obligation by the other party under these terms does not waive future enforcement of that obligation.
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Article 21 – Title
In case of any difficulty interpreting a title in the clauses and the actual clause, the titles are deemed non-existent.
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Article 22 – Language of the Contract
These terms and conditions are written in english. In case of translation into other languages, the French version will prevail in case of dispute.
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Article 23 – Mediation and Dispute Resolution
The buyer can use conventional mediation or any alternative dispute resolution methods (conciliation, for example) for any dispute. The European Commission provides an Online Dispute Resolution platform, accessible at: https://webgate.ec.europa.eu/odr/.
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Article 24 – Applicable Law
These terms are governed by French law. The competent court is the judicial court. Any disputes or claims should first be directed to the seller for an amicable solution.
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Article 25 – Protection of Personal Data
Collected Data
The personal data collected on this site is as follows:
– Account creation: When creating a user account, the user’s first name, last name, email address, phone number, and postal address.
– Connection: When the user logs in to the website, it records their first name, last name, connection data, usage, location data, and payment details.
– Profile: The use of the services provided on the website allows the creation of a profile, which may include an address and a phone number.
– Payment: For payment of products and services offered on the website, the site records financial data related to the user’s bank account or credit card.
– Communication: When the website is used to communicate with other members, the user’s communication data is temporarily stored.
– Cookies: Cookies are used on the site. The user can disable cookies from their browser settings.
Use of Personal Data
The personal data collected from users is intended to provide the services of the website, improve them, and maintain a secure environment. Specifically, the uses are as follows:
– Access and use of the website by the user
– Management of the operation and optimization of the website
– Organization of conditions for the use of payment services
– Verification, identification, and authentication of the data provided by the user
– Offering the user the possibility to communicate with other website users
– User support services
– Personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences
– Prevention and detection of fraud, malware, and management of security incidents
– Management of possible disputes with users
– Sending commercial and advertising information based on the user’s preferences.
Sharing of Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
– When the user uses payment services, the website interacts with third-party banking and financial companies with which it has contracts.
– When the user posts information in the website’s public comment areas.
– When the user allows a third-party website to access their data.
– When the website uses third-party services for user support, advertising, and payment services. These providers have limited access to the user’s data, in the context of performing these services, and have a contractual obligation to use the data in accordance with applicable data protection regulations.
– If required by law, the website may transmit data to comply with claims made against it and to follow administrative and legal procedures.
– If the website is involved in a merger, acquisition, asset transfer, or judicial recovery procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before their personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical security measures to protect personal data against alterations, destruction, and unauthorized access. However, it is important to note that the internet is not a fully secure environment, and the website cannot guarantee the security of transmission or storage of information online.
Exercise of Users’ Rights
In accordance with applicable personal data regulations, users have the following rights, which they can exercise by submitting a request to contact@galeriejumble.com:
– Right of Access: Users may exercise their right of access to know the personal data concerning them. In this case, before exercising this right, the website may request proof of the user’s identity to verify its accuracy.
– Right to Rectification: If the personal data held by the website is inaccurate, users can request the updating of their information.
– Right to Deletion: Users can request the deletion of their personal data, in accordance with applicable data protection laws.
– Right to Restrict Processing: Users can request the website to limit the processing of their personal data, according to the scenarios provided under GDPR.
– Right to Object to Processing: Users can object to the processing of their data, as outlined in the scenarios under GDPR.
– Right to Data Portability: Users can request that the website provide their personal data to be transmitted to another website.
Changes to this Clause
The website reserves the right to make changes to this clause regarding the protection of personal data at any time. If changes are made to this clause, the website commits to publishing the new version on the site. The website will also notify users of the modification via email, at least 15 days before the effective date. If the user does not agree with the new version of the data protection clause, they have the option to delete their account.
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Appendix 1: Withdrawal Form
To be completed by the consumer and sent by registered mail within 14 days following the contract’s conclusion
Withdrawal Form
To: Galerie Jumble,
25 rue des Fontaines, 56100 Lorient
Phone: +33 (0)6 68 83 25 38
Email: contact@galeriejumble.com
I hereby notify my withdrawal from the contract for the following product(s) ordered on: _______.
Consumer’s first and last name: _______
Consumer’s address: _______
Date: _______
Signature of the consumer
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Appendix 2: Consumer Code
Article L. 217-4:
« The seller delivers a good that conforms to the contract and is responsible for any conformity defects at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation if the contract places this responsibility on them. »
Article L. 217-5:
« The good conforms to the contract if it is fit for the usual use of such a good and, if applicable:
– If it matches the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
– If it presents the qualities that a buyer may legitimately expect based on public statements made by the seller, the producer, or their representative, particularly in advertising or labeling. »
Article L. 217-6:
« The seller is not bound by public statements from the producer or their representative if it is proven that they did not know and could not reasonably have known about them. »
Article L. 217-7:
« Conformity defects that appear within 24 months from the delivery of the product are presumed to have existed at the time of delivery unless proven otherwise. »
Article L. 217-8:
« The buyer has the right to demand conformity of the good with the contract but cannot contest conformity based on a defect that they knew about or could not have ignored when contracting. »
Article L. 217-9:
« In case of non-conformity, the buyer chooses between repair or replacement of the good. However, the seller may refuse the buyer’s choice if it involves disproportionate costs relative to the other option. »
Article L. 217-10:
« If repair or replacement is impossible, the buyer can return the good and receive a refund or keep the good and receive a partial refund. »
Article L. 217-11:
« The application of Articles L. 217-9 and L. 217-10 will incur no costs for the buyer. »
Article L. 217-12:
« An action resulting from a non-conformity must be initiated within two years from the delivery of the good. »
Article L. 217-13:
« The provisions in this section do not prevent the buyer from exercising their right to an action for hidden defects under Articles 1641 to 1649 of the Civil Code. »
Article L. 217-14:
« Recourse action can be initiated by the final seller against successive sellers or intermediaries and the producer of the movable goods, according to the principles of the Civil Code. »
Article L. 217-15:
« Commercial guarantees refer to any contractual commitment made by a professional to the consumer for reimbursement, replacement, or repair of the purchased good, in addition to their legal obligations related to conformity. »
Article L. 217-16:
« When a buyer requests repair covered by the commercial warranty, any immobilization period of at least seven days is added to the remaining warranty period. »
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Civil Code
Article 1641:
« The seller is responsible for hidden defects in the sold item that make it unfit for its intended use, or reduce its use to the extent that the buyer would not have purchased it, or would have paid a lesser price if they had known. »
Article 1648:
« The action resulting from hidden defects must be brought within two years from the discovery of the defect. »
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