terms
terms and conditions
Preamble
By using our website you agree to accept our rêgles use and sale will present unconditionally. You certify major being in full possession of your faculties and the right to use all or part of the site and related services. Macabann.com website is edited and managed by Yvan Besnard, free artist registered home artists. Any service entrusted to him is subject to full acceptance of these terms and conditions defining the conditions of use of the services available on the site. The manager of this website reserves the right to make changes at any time on these terms without notice or right to compensation of any kind. Each new version will be effective from the date of its publication online on the site.
1- Legal
Headquarters: 1 logtA1 street of the city saint denis 22620 Ploubazlanec
Siret: 484 891 643 00013
Order No: B834218
CNIL: 1562569
Publication Director: Yvan Besnard
Host: OVH - 2 rue Kellermann - 59100 Roubaix - France - 08203203 63
Email: macabann [@] gmail.com
VAT not applicable, section 293b of CGI
2 - General provisions relating to general conditions of sale (hereinafter the GTC)
2.1. Subject of Terms
Terms & conditions apply exclusively to the online sale of exhibited works by Yvan Besnard www.macabann.com on the site, below the site, access to which is free and open to all Internet users.
2.2. CGV scope of
The Terms exclusively govern the online sale contracts works, derivative designs and products exhibited by Yvan Besnard, following the professional seller to buyers with the quality of consumers (hereinafter, consumers) and make up with the order contractual documents binding the parties to the exclusion of all other documents, brochures, catalogs or photographs of works that have an indicative value. Terms & conditions apply exclusively to the works delivered to users in France or in a member country of the European Union. The Terms are written and all contractual information mentioned on the French language site.
2.3. Availability and enforceability of Terms
The Terms are made available to consumers on the site of the seller where they are directly searchable and can also be communicated on request by email or post. The Terms are binding on the consumer who recognizes, by ticking a box provided for that purpose, have been aware of and accepted them before ordering. The validation of the order confirmation is by its membership by the purchaser to the Terms in effect at the date of the order of conservation and reproduction are performed by the professional seller in accordance with Article 1369-4 of the Civil Code.
2.4. Modification of Terms
Professional seller reserves the right to modify its terms and conditions at any time. In case of modification of the Terms, the Terms applicable are those in effect on the date of the order, a copy dated to date can be put in her application to the consumer.
2.5. Clauses of the GTC
The nullity of a contractual clause does not invalidate the Terms unless it is an impulsive and decisive clause that led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GCS by professional seller can not assert waiver of the other provisions of the Terms that continue to have effect.
3 - Works
3.1. Characteristics
Pieces and offered for sale presented in the catalog published on the website are each subject to a description by the author of the work. The photographs of the works are not a contractual document.
3.2. Compliance
The works are in compliance with applicable requirements for safety and health, to fair trading and consumer protection at the time of marketing. Pieces and comply with the requirements of French law in force at the time of marketing. The information contained in DIY books are the property of Yvan Besnard. They are given for information only and are not binding. They can be tailored to personal needs of the buyer under his sole responsibility.
4 - Price
4.1. Selling price
The sale price, in accordance with Article L. 113-13 of the Consumer Code, are indicated for each of the works contained in the catalog, euros including tax, excluding shipping and transport mentioned before validation of the order and additional cost. By virtue of its status as an artist, the seller can reclaim VAT "VAT not applicable, section 293b of the CGI"
The total amount payable by the consumer is indicated on the order confirmation page. The work of the sales price is that in force at the date of order. On promotion by prices, the professional seller undertakes to apply the promotional price to all orders placed during the promotion period.
4.2. change
Professional seller reserves the right to change prices at any time, while ensuring the consumer applying the prices prevailing at the date of the order.
5 - Offer
5.1. Field
Online sale of the offers presented on the site are reserved to consumers residing in France and / or in a member country of the European Union.
5.2. duration
Online sale of the offers presented on the site are valid, in particular duration of this indication, as the works included in the catalog and in the stocks.
5.3. Acceptance
The acceptance of the offer by the consumer is validated in accordance with the double-click method, the confirmation of the order.
6 - Control
6.1. Contract concluding steps
To order, the consumer, after filling his shopping cart indicating the selected works, then click on the button to continue the process and provides information on delivery and payment method. Before clicking on the button "Confirm Order", the consumer has the opportunity to verify the details of his order and its total price and to return to previous pages to correct any errors or possibly modify the order. The confirmation of the order entails acceptance of the Terms and form the contract. An email acknowledging receipt of the order and payment is sent by the seller as soon as possible.
6.2. change order
Any change order by the consumer after confirmation of the order is subject to acceptance of professional sellers.
6.3. Validation of the order
Professional seller reserves the right to refuse any order for legitimate reasons.
6.4. Unavailability of commissioned works
If the commissioned works are unavailable to delivery, the professional seller shall inform the consumer immediately and can offer him a piece of a quality and an equivalent price. In case of disagreement, the consumer is reimbursed immediately.
7 - Contract
7.1. Conclusion
The sales contract is formed at the time of sending the consumer a confirmation of his order.
7.2. Archiving and evidence
The filing of communications, orders and invoices is made on a reliable and durable support so as to constitute a true and durable copy pursuant to section 1348 of the Civil Code. These communications, orders and invoices can be produced as proof of the contract.
7.3. retraction
At the receipt of the order, the consumer has a withdrawal period of 14 days to return the work without having to justify or pay a penalty, the return address indicated on his delivery form. Return shipping costs are the responsibility of the consumer. To return the work, the consumer must first email the seller to This email address is being protected from spambots. You need JavaScript enabled to view it. specifying the order number canceled to obtain a return number. Professional seller will refund the work, the date on which the withdrawal right has been exercised, provided that the work be returned in its original packaging, complete, in perfect condition and accompanied by the original invoice. The return of the work within the consumer's responsibility, it is up to him to make the return and recommended follow-up with declaration of the work's value.
7.4. Resolution
The contract may be canceled by the consumer in case of:
- Delivery of a non-compliant with the characteristics declared work;
8 - Payment
8.1. Payment terms
The price is payable in full upon confirmation of the order.
Excluding amounts paid are refunded in case of unavailability of the work ordered in accordance with Article 6-4 of the GTC, any amount paid in advance on the price earns interest at the legal rate the expiration of three months from payment to delivery of the work or, failing that, to the restitution of the amount paid for the order. Payment is due immediately with the order by credit card
8.2. Secure payment
We all soutraitons to Paypal payment process for you to enjoy their safety and their guarantees. We will not ask for banking information on our website. Paypal allows you to pay a secure way either with your credit card or your PayPal account. It will automatically convert your payment to your currency and send you a copy of the invoice. The sale is validated only after confirmation of payment by our banking entity and the total amount of the order is recovered.
8.3. Late payment
Any amount not paid at maturity is productive, without notice, interest at the legal rate.
9 - Delivery
9.1. Delivery time
Professional seller undertakes to deliver the work within fifteen days after receipt of order, unless otherwise specified at time of order for a work out or as destination outside European Union.
9.2. Late delivery
The delivery delay of more than seven days and not due to force majeure may result in the termination of the sale by the consumer, within sixty days from the delivery date, forfeit the order by letter recommended with acknowledgment of receipt, return the appropriate work if it was delivered and the seller will receive at the latest within thirty days of the restitution payment, excluding any compensation.
9.3. Methods of delivery
The works are delivered to the address specified by the customer on the order form. Any claim of delivery error must be made by the consumer to the professional seller on the same day of the delivery or the first business day following delivery at the latest. Delivery is made by notice of availability (or by post or by an independent carrier). In case of delivery by post or by a carrier, a delivery note must be signed by the consumer who must check at reception Compliance and packaging state of the work. In case of damage or partial loss of the work, the consumer must make to receiving reservations on the delivery slip and a double addressed the professional vendor and, within three days of such receipt, notify these reserves carrier by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the commercial Code.
9.4. Compliance works
If the work does not comply with the order, the consumer must send a complaint to the professional seller to obtain a replacement or possibly the cancellation of the sale.
9.5. Unavailability works
If unavailable works on delivery, professional vendor can offer, in accordance with Article 6-4 of the GCS, similar work by its quality and price.
9.6. Failure to deliver
The total delivery failure results in automatic termination of the contract of sale.
10 - Guarantees
10.1. legal guarantees
Any works by professional seller have the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1649 of the Code civil. Under these safeguards, the professional seller undertakes to consumer choice, to refund or exchange defective works or it does not correspond to the order. Regardless of the commercial guarantee in the next paragraph, the professional seller remains obliged, under Article L. 211-15 of the Consumer Code, the lack of conformity and hidden defects of the work.
Article L211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
Article L211-5 of the Consumer Code: To conform to the contract, the product must:
Be suitable for the purpose usually associated with such a product and, if applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Article 1641 of the Civil Code: The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or would have paid a lower price if he had known.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
10.2. customer service
Claims made under the guarantee must be submitted by email to This email address is being protected from spambots. You need JavaScript enabled to view it. service.
The works covered by the guarantees must be returned complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
10.3. Applicable law guarantees
French law applicable to the contract under Article 16 of the Terms shall not have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to it under its national law of Directive No 99 / 44 / EC of 25 May 1999 on the sale and guarantees of consumer goods.
11 - Liability
11.1. Disclaimer
The liability of the professional vendor can not be held liable for non-performance or improper performance of the contract due either to the fact the buyer or to the fact insurmountable and unpredictable third contract, or to force majeure.
The liability of the professional vendor can not be held liable for non-compliance of the work to the consumer country's legislation, which shall verify if the work is not prohibited for sale in the country.
11.2. the work of security breach
In case of damage caused by the work of security breach, the consumer must seek the responsibility of the author of the work identified from the information on the packaging of the work.
12 - Termination clause
The resolution of the order as provided in these Terms shall be by registered letter with acknowledgment of receipt (or e-letter) and will be acquired automatically without legal formalities.
13 - Intellectual Property
The items displayed on this site <give the list consisting of photographs, video, text, drawings and images>, which are the exclusive property of the publisher are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements without prior written permission of the publisher, expose violators to prosecution.
14 - Personal data
The collection of personal data, their use under the order processing and customer file creation and dissemination to third parties responsible for the implementation and payment of orders is subject to the consent of the person concerned.
The processing of personal data, which is retained by the publisher for the sole purposes of the proper administration of orders and trade relations, the subject of a declaration to the Commission Nationale Informatique et Libertés. The consumer has at any time a right of access, modification, rectification and deletion of personal data.
15 - Settlement of disputes
15.1. Claim
Any complaints should be addressed to customer service This email address is being protected from spambots. You need JavaScript enabled to view it.
15.2. Mediation
In case of failure of the claim by the customer service or absence of response for this service within two months, the parties agree to use mediation to try to find an amicable solution to their dispute and not to go to court in case of failure of mediation.
15.3. territorial-Jurisdiction
For any dispute relating to the purchase order and these Terms, the competent court will be that of the place of residence of the seller.
16 - Applicable law
This Agreement and the Terms and Conditions governing are subject to French law.
only the text of the general conditions of sale in French have legal value. The translation is provided solely for information purposes.
