The GTUS are made available to the consumers on the website where they may be directly consulted.
The company LAVIGNE, French société par actions simplifiée (simplified joint-stock company) with share capital of 2 052 000 Euros, registered with the Trade and Companies Registry in Nanterre under the number 332 346 444 and whose registered office is located at 175 rue Jean Jacques Rousseau, 92130 Issy-les-Moulineaux, France (hereafter “LAVIGNE”), offers, through its Website, the sale of photographs and frames (hereafter the “Products”).
Each user of the website (hereafter “Customer”) acknowledges that he/she has been made aware, in a legible and comprehensible way, of these GTUS and of all of the information required for the performance of this document, in accordance with articles L.111-1 to L.111-8 of the French Consumer Code, prior to placing his/her order and prior to entering into an agreement with LAVIGNE.
Article 1 General provisions
These GTUS apply to any use of the Website and to any order of Products by any customer, private individual acting for purposes that do not fall within the scope of his/her professional activity (hereafter the “Customer” or “Consumer”), placed on the Website.
These GTUS aim at defining the terms and conditions of the order of Products and the respective rights and obligations of each of the parties in relation to supplying the Products.
These GTUS are considered as an integral and essential part of the agreement entered into between LAVIGNE and each of its Customers.
The GTUS are therefore binding on the Customer.
LAVIGNE reserves the right to amend and/or adapt the terms and conditions of its services and these GTUS at any time. In any event, only the version in force on the date of the Customer’s order on the Website will be validly applicable. Any use of the Website after amendments implies that the Customer accepts the new version of the GTUS.
The GTUS are exclusively applicable to the products delivered to the Customers established in France or in a member country of the European Union.
The fact that LAVIGNE does not take advantage, at a given time, of one of the provisions of these GTUS may not be interpreted as a waiver of the possibility to take advantage of it at a later date.
Use of the website
The Website is available in French.
Access to the Website and to the presentation of the Products is free of charge for the Customer. Only the order of one or several Products will give rise to a settlement by the latter. Access to the Website and to the presentation of the Products is free of charge for the Customer. Only the order of one or several Products will give rise to a settlement by the latter.
Access to the service offered (sale) by the Website is subject to the creation and/or holding of a personal user account (hereafter the “Account”) on the Website; this is a necessary and compulsory prerequisite for placing any order. The Customer must have the legal capacity to enter into an agreement; he/she must also be of age.
The Customer creates his/her user Account by indicating certain pieces of information about him/her. In this respect, he/she should thus indicate his/her first name, surname and his/her email address and a password that is sufficiently complicated to ensure its safety.
Any form for creating the Account must be completed in full and contain the information required, for which the Customer is responsible in terms of its truthfulness and accuracy.
The Customer must agree to respect these GTUS unreservedly and without restriction. This acceptation is formalised by a validation click upon his/her registration on the Service.
Lavigne implements all necessary efforts in order to make the Website accessible on a permanent basis, subject to the maintenance operations on the Website or servers on which the Website is hosted.
The Customer is informed of any unexpected technical incidents related to the internet and possible resulting interruptions to access. As a result, LAVIGNE may not be held liable for any unavailability or slow response of the Website.
Any breach by a Customer of these GTUS may entail the ban on his/her right to access the Website, whether temporarily or definitively.
Furthermore, Lavigne reserves the right to cancel or refuse any order from a customer with whom there may be a dispute related to the payment of an earlier order.
Article 2 – Terms and conditions of entering into the sales agreement
The products sold on the Website are photographic works on all material and immaterial formats, in 2 or 3 dimensions, and the stands (frames).
The photographic works are presented with a description: name of the photographer and the latter’s biography.
The products are offered and delivered subject to availability.
In the event of unavailability of a product ordered, LAVIGNE will inform the Customer of this immediately.
The sales prices, in accordance with article L. 112-1 of the French Consumer Code (former Consum. Code, art. L. 113-13), are indicated, for each product shown on the Website, in tax-exclusive (HT) and tax-inclusive (TTC) Euros, excluding delivery and transport costs indicated before validation of the order and invoiced in addition.
Any increase in the taxes, including VAT, will lead to an equal increase of the total price in order to maintain the constant tax-exclusive value of the purchase price.
The total amount owed by the consumer is indicated on the order confirmation page.
The sales price of the product is that in force on the date of the order.
The sales price of the products does not include the carriage costs invoiced in addition to the price.
LAVIGNE reserves the right to amend its prices at any time, while guaranteeing the application for the Customer of the price in force on the date of the order.
The online offers of sale on the website are valid as long as the products are shown in the electronic catalogue and while stocks last, unless specific indication of a limited period.
Placing an order
All orders of Products must necessarily be made through the Website.
The Customer selects the Product(s) directly on the Website that he/she wishes to order by clicking on Add to basket.
After selecting the Products, the Customer should, in any event, connect to his/her Account or create one if this has not already been done.
The Customer is also required to indicate a certain amount of additional information about him/her with a view to validating his/her order. This information is strictly necessary for performing the order. This information is strictly necessary for performing the order.
The Customer may access the “Basket” page in order to visualise the Products ordered and validate it. In any event, the Customer may make changes, corrections, additions or even cancel his/her order, until validation of it on the order summary page, before the payment.
Before validating his/her order, the Customer must read these GTUS and accept them in full and unreservedly.
In the event of validation of his/her order, the Customer is directed to the secure payment tool to input his/her bank details in the space reserved for this purpose, then to validate the payment, according to the terms and conditions.
The agreement is definitively entered into between LAVIGNE and the Customer once the latter has received the order confirmation. This confirmation is sent to the Customer by email, after settlement and finalisation of the order.
LAVIGNE reserves the right to refuse any order for legitimate grounds and more particularly if the quantities of products ordered are abnormally high for the Consumers.
Any request related to an order must be sent to LAVIGNE via the contact page of the Website.
The price is payable in full after confirmation of the order.
The order may be settled on the Website by:
In order to ensure the safety of payments, Lavigne has chosen the Stripe solution, a bank payment solution which uses the most recent and most reliable security systems integrating in particular the PCI DSS certification.
Stripe encrypts the bank data using the SSL protocol in order to guarantee the safety of this data.
The delivery costs related to the order are indicated to the Customer before any settlement of his/her order, upon inputting and/or validating his/her delivery postal address.
The delivery refers to the transfer to the Customer of the physical possession or control of the good.
Unless otherwise indicated on the Website during the order process or in the description of the Products ordered, LAVIGNE undertakes in any event to deliver the Products within a maximum period of thirty (30) days following signature of the agreement.
The products are delivered to the address indicated by the customer on the order form.
The delivery is made by the direct handover of the product to the purchaser or, otherwise, by LAVIGNE sending an availability notice to the purchaser.
Within a period of fifteen days as from the availability notice, the Customer must collect the product ordered.
In the absence of collection within the above-mentioned period, LAVIGNE may, after formal notice from the Customer, remaining unheeded, collect it, cancel the order as of right and keep the deposit paid, as an indemnity.
When the product is delivered to the address indicated on the order form by a carrier, the Customer is responsible for checking, in the presence of the carrier, the state of the product delivered and, in the event of damaged or missing goods, for issuing reservations on the delivery form or on the waybill, and for refusing the product, where necessary, and informing LAVIGNE of this.
If the product does not comply with the order, the Customer must send a claim to LAVIGNE with a view to obtaining the replacement of the product or the cancellation of the sale.
Total absence of delivery will entail the cancellation as of right of the sales agreement.
The risks of loss or damage of the goods are transferred to the Customer when he/she, or a third party appointed by him/her, takes physical possession of the goods, without distinction depending on their nature.
The product delivered to the Customer by a carrier chosen by LAVIGNE, travels at LAVIGNE’s risks.
The product delivered to the Customer by a carrier chosen by the latter, travels at the Customer’s risk as from the handover of the good to the carrier.
As from the delivery date indicated on the order form, the ownership of the product is transferred to the Customer, except in the case in which the full payment of the price has not been collected upon the order.
When the product ordered is not delivered or the service is not provided on the date or upon expiry of the period indicated on the order form, the consumer may cancel the agreement by registered letter with confirmation of receipt or in writing on another durable format, after having ordered the seller unsuccessfully to perform its delivery obligation within a reasonable additional period.
If the Customer’s parcel is returned to LAVIGNE by the Post Office or by other service providers, LAVIGNE will contact the Customer upon receipt of the returned parcel to ask the latter the next steps to be taken for his/her order. If the Customer has refused the parcel by mistake, he/she may request that it be sent again by paying the transport costs beforehand for the new dispatch. The transport costs should be paid even for orders for which the carriage costs were granted free of charge upon the order.
Right of withdrawal
In accordance with article L221-18 of the French Consumer Code, the Customer has a period of fourteen (14) clear days as from delivery of the Products, in which to use his/her right of withdrawal in accordance with the conditions in force stipulated by the French Consumer Code, without having to give evidence of any grounds or pay any penalties.
If the Customer intends to use his/her right of withdrawal, he/she must inform LAVIGNE of his/her decision to withdraw from the agreement, either:
In any event, the Customer must indicate an unambiguous and unequivocal intention to withdraw.
In the event of withdrawal indicated on the Website, LAVIGNE will send the Customer confirmation of receipt on a durable format, immediately, to the email address provided upon placing the order.
The Customer should send back or return the good, to ____________ as soon as possible and, in any event, fourteen days at the latest after having communicated his/her withdrawal decision from the agreement to the person indicated on the withdrawal form. This period is deemed as respected if the customer returns the goods of the order before expiry of the period.
The Customer will bear the direct costs of sending back the Products, unless the Customer’s withdrawal is the result of an error by LAVIGNE in the Product sent, in which case LAVIGNE bears the cost of returning the item. The Customer is specifically informed that the Product in question must be sent back to LAVIGNE in its original packaging, including the notices sent and/or any accessories.
In the event of the Customer using the right of withdrawal, all of the amounts paid by the Customer will be refunded to him/her by LAVIGNE within a period of fourteen (14) days as from the date on which it is informed of the Customer’s decision to withdraw. This refund may be deferred until the date of collection of the Products or until the consumer has provided proof of sending these Products. The refund will be made to the Customer’s bank account through the Website by bank transfer or by any other means agreed between the parties.
As regards the legal compliance warranty, the consumer benefits from a period of two years as from delivery of the good in which to take action; the consumer may choose between repair or replacement of the good, subject to the conditions of cost stipulated in article L.217-9 of the French Consumer Code; except for second-hand goods, the consumer does not have to prove the existence of a compliance defect of the good for the 24 months following delivery of the good.
The legal compliance warranty applies independently of any commercial warranty granted.
The consumer may decide to apply the warranty on hidden defects of the item sold as stipulated by article 1641 of the French Civil Code, unless the seller has stipulated that it will not be bound to any warranty; in the event of application of this warranty, the purchaser has a choice between cancelling the sale or reducing the sales price in accordance with article 1644 of the French Civil Code. The purchaser has a period of two years as from discovery of the defect.
The deferral, suspension or interruption of the limitation period may not lead to bringing the extinctive limitation period beyond twenty years as from the date of creation of the right in accordance with article 2232 of the French Civil Code.
All Products acquired on the Website benefit from the following legal warranties, stipulated by the French Civil Code and the French Consumer Code:
Legal compliance warranty
According to articles L.217-4 and thereafter of the French Consumer Code, the seller is required to deliver a good that complies with the agreement entered into with the Customer-consumer and to answer for any compliance defects existing upon delivery of the Product. The compliance warranty may apply if a defect should exist on the date of taking possession of the Product. However, when the defect arises within 24 months following this date, it is deemed to meet with this condition. Nevertheless, in accordance with article L.217-7 of the French Consumer Code, “the Seller may counter this presumption if it is not compatible with the nature of the [Product] or the lack of compliance claimed”. In this respect, LAVIGNE may analyse the litigious Product in order to define whether the defect revealed existed or not on the date of delivery of the Product to the Customer. However, after this period of 24 months, the Customer is responsible for proving that the defect actually existed upon taking possession of the Product. In accordance with article L.217-9 of the French Consumer Code: “in the event of lack of compliance, the purchaser chooses between the repair and the replacement of the good. However, the seller may refuse to accept the purchaser’s choice if this choice leads to a clearly disproportionate cost in light of the other method, considering the value of the good or the extent of the defect. The seller is then bound to use the method not chosen by the purchaser, unless this is impossible”.
Legal warranty of hidden defects
According to articles 1641 to 1649 of the French Civil Code, the Customer may claim the application of the hidden defects warranty if the defects shown were not visible upon the purchase, were prior to the purchase (and are therefore not the result of normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for its purpose, or reduce this purpose to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price, if it had known about the defect). The claims and requests for refund for a non-compliant Product must be made by registered letter to the address indicated in the legal information section of the Website or by using the contact form. The Customer will be refunded, using the payment method used upon his/her purchase on the Website, for the amount of his/her order. The refund procedure costs (in particular costs of returning the Product) remain borne by the seller.
Force majeure event
A “force majeure” event is defined as any event beyond the control of one of the parties and unlikely to be reasonably foreseeable upon acceptance of these GTUS. The following in particular are considered as force majeure situations: blockage of telecommunications, blockage of internet, breakdown of equipment providing the service, fire, water damage, blockage of means of transport or supply, total or partial strike, etc. Such an event will be established when the party undergoing such event is prevented from performing the contractual obligations correctly, despite implementation of adequate and appropriate measures aiming at limiting the effects of it.
Neither party will be held liable in relation to the other for the lack of performance or delays in the performance of an obligation resulting from these GTUS, due to the other party, further to the occurrence of a force majeure event, as recognised and defined by French case law.
The force majeure situation suspends the obligations arising from these GTUS throughout the whole term of its existence, and neither party may validly take advantage, over this period, of the existence of such force majeure situation as stipulated in article 1218 of the French Civil Code in order to justify the end of the contractual relations with the other party. However, if the force majeure situation should last for more than thirty (30) consecutive days, it would entitle either party to terminate these GTUS as of right, eight (8) days after sending a registered letter with confirmation of receipt notifying this decision.
The elements reproduced on the Website, photographs, pictures, drawings, illustrations, logos, texts, trademarks, software, which are LAVIGNE’s exclusive property, are protected by copyright, trademark law, patent law and/or any intellectual property right.
Any reproduction and any distribution of these elements, without LAVIGNE’s prior, written consent, will be liable to legal proceedings.
Article 3 – PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his/her personal account and the placing of his/her orders of Products on the Website give rise to the collection and automated processing of his/her personal data by LAVIGNE whose use is subject to the provisions of law no.78-17 of 6th January 1978 related to IT, Files and Freedom, as amended by law no. 2016-1321 of 7th October 2016 and the European Regulation 2016/679 of 27th April 2016 related to protecting private individuals in light of the processing of personal data and the free circulation of this data (hereafter “GDPR”).
The personal data is collected/kept in our IT system for the following purposes:
Article 4 – COOKIES
Cookies are used to offer an improved and personalised web service.
A “cookie” is a text file that records information related to the browsing patterns of a computer, tablet or smartphone.
Only the issuer of the cookie is able to read or amend the information contained in it, and it may not contain any virus.
These cookies do not require any personal information and do not enable to identify you. They have a limited lifetime. Indeed, they are used for the period strictly necessary for using your account.
Browsing cookies: these cookies are required for the correct progress of your browsing and your online purchase. LAVIGNE uses them in order to simplify your browsing and to provide you with the most relevant information. The cookies enable to have access to your account, remember your basket, and continue your order, remember your consultations and personalise the offers, services and content sent to you.
They may also enable to adapt the presentation of the website to the display settings of your device (type of device, country, etc.). By disabling these cookies, you may encounter browsing problems when placing your order.
Analytical cookies: They help us to analyse what happens on our website in order to improve the efficiency of it and the way in which we should present our content to you. They measure, in particular, your browsing (most visited pages, pages on exiting our website, duration of your visit, etc.). E.g.: Google Analytics
Publicity cookies issued by third parties: These cookies enable our advertising partners to send you targeted and personalised messages. E.g.: Critéo, Facebook, Affilinet, Google Adwords
If you wish to refuse or disable certain cookies, please find below the necessary information.
In the Safari menu, choose “Preferences”
Then click on the “Privacy” tab
Then choose the selected option in the “Block cookies” section
To find out how to control the cookies on other browsers, please consult the online help guides.
Article 5 – Applicable law and jurisdiction
This agreement and the GTS governing it are subject to French law.
In the event of a dispute, the Customer must contact the LAVIGNE customer service department, as a priority on (number with no surcharge when using a landline in mainland France), from Monday to Friday except public holidays or unworked days, from (indicate opening hours) or by email (email address) or post to (postal address of the professional to whom the consumer may send a claim).
In the event of failure of the claim sent to the customer service department or in the absence of any reply from this department within a period of two months, the Customer may refer the dispute related to the order form or these GTUS binding him/her to LAVIGNE ____________ (claims form indicated on the website to be referenced) to a mediator ____________ (name and address of the mediator who may be an internal mediator or a mediator from the professional union to which the firm belongs) who will attempt, in complete independence and on an impartial basis, to unite the parties with a view to reaching an out-of-court solution.
In order to put forward his/her request for mediation, the Customer may use the claims form accessible on the mediator’s website.
The parties in the agreement remain free to accept or refuse the services of the mediator and, in the case of using the services of the mediator, to accept or refuse the solution suggested by the mediator.
In the event of failure to reach an out-of-court solution, the Customer may refer the dispute to the courts regarding the existence, interpretation, signature, performance or termination of the agreement and for all documents related to this agreement.
The court with jurisdiction will be that of the place of the defendant’s address (article 42 of the French Code of Civil Proceedings) or that of the place of the actual delivery of the item or the performance of the service (article 46 of the French Code of Civil Proceedings).
Customer service department
Appendix 1 – Withdrawal claim
For the attention of LAVIGNE – 175 rue Jean-Jacques Rousseau – 92130 Issy-les-Moulineaux, France
I hereby notify my withdrawal from the agreement regarding the sale of the item below:
Ordered on ……………………………………..
Delivered on …………………………………………………..
Order number: ……………………………………………………………………..
Consumer name: ………………………………………………………………..
Consumer address: ………………………………………………………………..
Consumer’s signature: ………………………………………………………………..