Terms and conditions of sale - Gesbert de Línea

Conditions Générales de Vente E-Commerce – Products

Last updated on December 12 2023

Welcome and thank you for your trust. Please find below the General Terms and Conditions of Sale applicable to the gesbertdelinea.art website. Please note that the sole proprietorship provides its customers and users of the gesbertdelinea.art website with a customer service department that can be contacted as follows:

By email on our contact form

By post to the following address: 6 rue Père Pouget, Saint-Ferréol 81540 SOREZE

1- DEFINITIONS

Capitalized terms refer to the following definitions:

The creative painter GESBERT DE LÍNEA designated under the sole proprietorship Sylvie GESBERT whose SIREN number is 445407760, SIRET number 44540776000054, APE number 9003A, Maison des Artistes member number G359-771, ADAGP member number 1013194 and whose head office is located at 6 rue Père Pouget, Saint-Ferréol 81540 SOREZE.

The “Site gesbertdelinea.art”refers to the Internet site accessible via the URL https:// www.gesbertdelinea.art and all sites published by the creative painter GESBERT DE LÍNEA to present and sell its Products.

The “ User “ refers to any person browsing the gesbertdelinea.art website.

The “Product” refers to any type of material product sold online on the gesbertdelinea.art Site, and in particular works of art, paintings, drawings, books, …

The “Order” refers to any purchase of a Product by the Customer from the creative painter GESBERT DE LÍNEA via the Site gesbertdelinea.art.

The “Customer” refers to the individual or legal entity, professional or otherwise, purchasing a Product from the creative painter GESBERT DE LÍNEA on the gesbertdelinea.art website.

The “General Terms and Conditions of Sale” or “GTS” refers to the present general terms and conditions of sale, applicable within the framework of the contractual relationship between the painter-creator GESBERT DE LÍNEA and its Customers, which include the privacy policy that may be available on the gesbertdelinea.art Site and any element of the gesbertdelinea.art Site to which they expressly refer.

Identifiers” refers to the user name and password provided by the painter-creator GESBERT DE LÍNEA to the Customer so that he may access his personal space via the Site gesbertdelinea.art.

Partner” means any professional partner with whom the painter-creator GESBERT DE LÍNEA has a business relationship or whom the painter-creator may call upon in connection with the sale of a Product and to whom the Customer may be referred in connection with his Order.

2 – FIELD OF APPLICATION

Purpose. These General Terms and Conditions of Sale govern the sale of any Product to a Customer on the gesbertdelinea.art website, including the conditions of use of the gesbertdelinea.art website made available by the painter-creator GESBERT DE LÍNEA. The GTC are available at any time

on the gesbertdelinea.art website. They take effect from the date of update indicated at the top of the present document and prevail, where applicable, over any other version, previous or future.

Capacity. Any use of the gesbertdelinea.art website to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares that he/she is of legal age and has the capacity to contract under the law of his/her country, or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is placing the Order.
Acceptance of terms and conditions. The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale prior to placing any Order, which implies unreserved acceptance of these General Terms and Conditions of Sale. By accepting, the Customer acknowledges that, prior to any Order, he/she has received sufficient information and advice from the painter-creator GESBERT DE LÍNEA, enabling him/her to ensure that the content of his/her Order is suited to his/her needs. These General Terms and Conditions of Sale constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.

In the absence of proof to the contrary, the data recorded by the gesbertdelinea.art Site constitutes proof of all facts, acceptance and transactions.

Scope of the GCS. The Customer may request a copy of the version of the GCS applicable to his Order at any time. No specific terms and conditions may be added to and/or substituted for the present terms and conditions at the Customer’s initiative. The GCS apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels for the Products. La peintre-créatrice GESBERT DE LÍNEA reserves the right to stipulate special conditions for the sale of certain Products, special offers, special guarantees, etc., which are provided to the Customer prior to the Order. The fact that one of the Parties, at any given time and for any reason whatsoever, does not avail itself of a breach by the other Party of any of the obligations contained herein, shall not be construed as a waiver of such obligation for the future.

3- PRODUCT FEATURES

The Products governed by the GCS are described and presented as accurately as possible. The Customer may refer to the presentation of the Product on the gesbertdelinea.art website, which is summarized on the Order page and in the confirmation e-mail. The Customer is expressly warned that all Product offers are subject to change. Only the Product described in the Order is due to the Customer.

Without prejudice to the provisions of the French Consumer Code relating to updates, the Product purchased by the Customer is supplied in its version up to date at the date of purchase.

4- ORDERING

Ordering on the gesbertdelinea.art website. After selecting the Product he/she wishes to purchase on the gesbertdelinea.art website, the User is directed to an Order page on which he/she enters his/her personal details (surname, first name, e-mail address, postal address, telephone number) and, where applicable, all necessary and accurate information and details to enable delivery of the Product and invoicing of the Order. The User selects the method of payment (single or instalments, mode of payment) according to the possibilities offered by the painter-creator GESBERT DE LÍNEA.
Checking information. The Customer is solely responsible for the accuracy of the information provided and guarantees GESBERT DE LÍNEA against any false identity. The Customer shall not hold GESBERT DE LÍNEA responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Product. The Customer must ensure that he/she will be able to receive his/her Order at the address provided, in accordance with the delivery times indicated at the time of the Order.
Obligation to pay. All Orders received by the painter-creator GESBERT DE LÍNEA are considered firm and definitive, and imply full acceptance of these General Terms and Conditions of Sale, as well as the obligation to pay for all Products ordered.
Electronic signature The online provision of the Customer’s bank details and the final validation of the Order shall constitute proof of the Customer’s agreement and (i) payment of the sums due in respect of the Order (ii) signature and express acceptance of all operations carried out.
Order validation. Once the Customer has read and accepted the General Terms and Conditions by ticking the appropriate box, he/she is directed to an Order summary page, where he/she provides his/her bank details before confirming payment. It is the Customer’s responsibility to check the Order summary information and rectify it if necessary, before confirming payment for the Order. This second click definitively confirms the Customer’s Order.
Order Confirmation. The Customer will receive an e-mail confirming and summarizing the Order as soon as the payment has been validated by GESBERT DE LÍNEA or its payment service provider. The Customer must have a functional electronic mailbox. Failing this, the Customer will not be able to receive written confirmation of his Order at the e-mail address provided, nor receive the e-mail summarizing his Order.
Proof of transaction. The computerized registers, kept in the computer systems of the painter-creator GESBERT DE LÍNEA under reasonable conditions of security, will be considered as proof of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

5- PRICING CONDITIONS

1. Applicable prices. The Product ordered is sold at the prices in force on the Site gesbertdelinea.art at the time the Customer’s Order is registered by the painter-creator GESBERT DE LÍNEA.

– Prices are indicated in euros and VAT is not applicable to the Product.

– In the case of international sales, as indicated at the time of sale, all customs duties and other taxes payable are the sole responsibility of the Customer. GESBERT DE LÍNEA cannot be held responsible in this respect, and the Customer is solely liable.

2. Payability of sums. Validation of the Order renders payable all sums due in respect thereof. By validating the Order, the Customer authorizes the painter-creator GESBERT DE LÍNEA (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer, according to the possible due dates indicated in the Order summary.

3. Payment methods. To pay for the Order, the Customer has the choice of all the methods of payment made available by the painter-creator GESBERT DE LÍNEA and listed on the gesbertdelinea.art website (bank transfer and PayPal).

The customer chooses the direct debit method with the payment systems and services offered, which are secure services provided by third parties to the painter-creator GESBERT DE LÍNEA subject to their own contractual conditions over which the painter-creator has no control – in particular, by way of example, for Paypal(https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR).

In this case, payment is made using the credit card information provided, according to the payment method proposed by the payment service provider and the Customer’s choice.

La peintre-créatrice GESBERT DE LÍNEA reserves the right to use the payment service providers of its choice and to change them at any time.

4. Debit authorization. By providing his/her bank details when placing an Order, the Customer authorizes the painter-creator GESBERT DE LÍNEA to debit the account for the amount of the price indicated on the Site gesbertdelinea.art for the corresponding Product.

5. Payment facilities. If GESBERT DE LÍNEA painter-creator offers the Customer the option of paying a fixed price in full in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Product. The full price corresponding to the sum of the instalments is due, regardless of the number of instalments and the price of the Product. The last payment date set is never more than three months after the Order, and any charges are negligible. Payment by instalments or any other payment facility may also be provided for the continuous or successive supply of goods of the same nature, under the terms of which the Customer pays for them by instalments over the entire duration of the supply.

Any payment facility provided at the time of the Order does not constitute a credit or microcredit. When payment in instalments is offered, the first instalment is paid on the date of the Order, and subsequent instalments are paid at intervals specified in the Order summary (unless otherwise specified, one month between each payment). In this case, the Customer guarantees the validity of the bank details provided until the last scheduled payment date. La peintre-créatrice GESBERT DE LÍNEA reserves the right to refuse an Order with payment in several instalments if the bank card expires before the last scheduled payment or if the secure payment service provider objects.

6. Special offers and discount vouchers. GESBERT DE LÍNEA reserves the right to offer limited-time introductory offers, promotional offers or price reductions on its Products, and to revise its offers and prices on the gesbertdelinea.art website at any time, in accordance with the law. The applicable prices are those in force at the time of the Customer’s Order, and the Customer may not take advantage of other prices, whether prior or subsequent to the Order. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and may only be used once.

7. Payment incident – Fraud. The painter-creator GESBERT DE LÍNEA reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in the event of non-payment. the painter-creator reserves in particular the right to refuse to honor an Order emanating from a Customer who would not have paid completely or partially a preceding Order or with which a litigation of payment would be in progress.

La peintre-créatrice may contact the Customer to request additional documents in order to execute the payment of the Order. La peintre-créatrice may rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for the confirmation of the Order by la peintre-créatrice. In order to combat credit card fraud, a visual check of the means of payment may be carried out by la peintre-créatrice before delivery of the Product. In the event of fraudulent use of the Customer’s credit card, the Customer is invited to contact la peintre-créatrice as soon as such use is detected, without prejudice to the steps to be taken by the Customer with his/her bank.

8. Non-payment or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional customer.

6- Delivery

1. Stock availability. Products are offered for sale and delivered while stocks last. In the event of unavailability of the Product ordered, the painter-creator GESBERT DE LÍNEA shall immediately inform the Customer and may propose a Product of equivalent quality and price or, failing this, proceed with the reimbursement of the Order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable Product, GESBERT DE LÍNEA is not liable for any cancellation indemnity, unless the non-performance of the contract is attributable to GESBERT DE LÍNEA personally.

2. Carrier. Deliveries are made by an independent carrier to the address given by the Customer at the time of placing the Order and to which the carrier has easy access. Unless otherwise stated on the gesbertdelinea.art website at the time of the Order, this carrier is the most suitable for the order (choice given to the customer through Packlink, https://pro.packlink.fr), and which applies its own terms and conditions of carriage: Colissimo, or DHL, or UPS, https://www.laposte.fr/colissimo-en-ligne, https://www.dhl.com, or https://www.ups.com.

For sales requiring it, the carrier is authorized to represent you for the collection and payment of VAT and customs duties.

3. Retention of title and transfer of risk La peintre-créatrice GESBERT DE LÍNEA remains the owner of the Products sold until full payment of the price, and the Customer undertakes to take all necessary precautions to ensure the proper preservation of the Products until such time as ownership is transferred to the Customer. Except in cases where full payment has not been received at the time of the Order, ownership of the Product is transferred to the Customer as soon as it is delivered. Any risk of loss or damage to a Product is transferred to the Customer at the time when the Customer or a third party designated by the Customer (for example, a collection point, janitor, etc.) and other than the carrier proposed by la peintre-créatrice, takes physical possession of the Product. In any case, when the Customer entrusts the delivery of the good to a carrier other than the one proposed by la peintre-créatrice, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.

4. Delivery time. Unless otherwise stated on the Site gesbertdelinea.art at the time of the Order and/or on the Order page and unless the law authorizes a longer period, the painter-creator GESBERT DE LÍNEA undertakes to deliver any Product within SEVEN days after receipt of the Order. The delivery times indicated at the time of the Order (or depending on the carrier chosen by the customer) may be longer and vary according to the delivery contingencies of the postal services and any unforeseeable event external to the painter-creator or the carrier (e.g. strike).

5. Late delivery. If the Product ordered is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the GTCS, the Customer may, after having unsuccessfully enjoined the painter-creator GESBERT DE LÍNEA to fulfil its delivery obligation within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract shall be deemed terminated upon receipt by the painter-creator of the letter or writing informing it of such termination, unless the painter-creator has performed in the meantime. Where the contract is terminated under these conditions, the painter-creator shall reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated..

Unless otherwise stipulated by law, and unless otherwise provided for herein, delays in delivery may not give rise to damages or compensation of any nature whatsoever. La peintre-créatrice reserves the right to pass on the Customer’s complaint to the carrier in charge of delivery, which may, if necessary, request further information from the Customer concerning the reported delay.

6. Delivery address. Products are delivered to the delivery address provided by the Customer at the time of the Order, which cannot be changed once the Order has been finalized. Delivery may be made directly to the delivery address or to a collection point. The Customer must collect the Product ordered within a period of time stipulated by the carrier used for delivery, for example: 14 days from notification of availability by DHL and 10 days for Colissimo and DHL. The Customer may be asked to provide proof of identity before the Product is delivered. If the Product is not collected within the time limits and conditions indicated, the Order will be cancelled and the return costs charged to the Customer.

7. Product status. When the Product is delivered by a carrier to the address indicated by the Customer at the time of the Order, it is the Customer’s responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or incomplete delivery, to express reservations on the delivery note or the transport receipt, and, if necessary, to refuse delivery of the Product directly to the delivery person. If the carrier cannot justify having given the Customer the opportunity to check the condition of the Products ordered, the Customer will have a period of 10 (ten) days to notify the carrier of his justified protest by extrajudicial act or by registered letter, without prejudice to any recourse the Customer may have against the painter-creator GESBERT DE LÍNEA.

7- Right of withdrawal

1. Time limit. The Customer has the right to retract all or part of the Products ordered within a period of fourteen days, without giving any reason. This period is counted in calendar days and runs from the day following receipt of the Product by the Customer or any third party authorized for delivery, at the address indicated or at a collection point. In the case of an Order for several Products delivered separately, or in the case of an Order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last Product or batch/part. If the time limit expires on a Saturday, Sunday or public holiday, it is extended until the expiry of the last hour of the first working day thereafter.

2. Method of exercise. To exercise the right of withdrawal, the Customer must notify his decision to withdraw from the contract by means of an unambiguous statement sent by post to 6 rue Père Pouget, Saint-Ferréol 81540 SOREZE or via our contact form. The customer may use the model retraction form reproduced below in a box, but this is not obligatory. The burden of proof for exercising the right of withdrawal lies with the Customer.

3. Return the product. The Customer must return or restitute the Product for which he/she has retracted, to the painter-creator GESBERT DE LÍNEA no later than fourteen days after sending his/her decision to retract. This period is deemed to have been respected if the goods are returned before the fourteen-day period has expired, in accordance with the return conditions laid down. The cost of returning products is borne by the Customer. The terms and conditions for returning Products are specified in the article “TERMS AND CONDITIONS FOR RETURNING PRODUCTS”, to which the Customer should refer.

4. Refunds. In the event of the Customer’s withdrawal, GESBERT DE LÍNEA will reimburse the price of the Product within fourteen days from the day following receipt of the Customer’s decision to withdraw. GESBERT DE LÍNEA will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Customer. La peintre-créatrice may defer reimbursement until the Product has been received, or until the Customer has provided proof of shipment of the Product, whichever comes first.

SAMPLE CANCELLATION FORM

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of :

Mrs Sylvie GESBERT ” EI ,

Painter and designer GESBERT DE LÍNEA

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product (*) below:

Ordered on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

Download the withdrawal form: Withdrawal form

ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF :

When the Customer is a professional,
When the contract has been concluded for current or future professional purposes
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer’s specifications or clearly personalized;
Supply of goods likely to deteriorate or expire rapidly;
Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Property purchased after a public auction.

8- Return conditions

Address. Products should be returned to the following address: 6 rue Père Pouget, Saint-Ferréol 81540 SOREZE. The Customer will be asked to enclose in the return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid at the time of the Order, as well as the withdrawal form or any other unambiguous statement concerning the exercise of the right of withdrawal, a legal guarantee or, where applicable, a commercial guarantee, justifying the return of the Product.
Condition. The Customer must return the Product in its original packaging or in any other packaging that allows the Product to be returned in new condition. Any Product returned damaged, incomplete or showing signs of wear or new odors will not be accepted for return, exchange or refund, including on the basis of the right of withdrawal.
Return shipping costs. Return shipping costs are at the customer’s expense, even if the right of withdrawal is exercised.
Refunds. Upon receipt of the Product, GESBERT DE LÍNEA will refund the full price of the returned Product, excluding delivery charges (unless otherwise stated in the GTCS or where the law provides for such a refund). In the event of an order for several Products and the return of only part of the order, delivery costs will be refunded in proportion to the number of Products ordered and returned under the conditions specified. In the event of a return that does not comply with the conditions stipulated, no reimbursement will be payable and the Customer will retain ownership of the returned Product, which may be collected directly from the painter-creator, or which will be returned at the Customer’s expense within a maximum period of one month following notification of refusal of reimbursement by the painter-creator.

9- Site access

1. Site access. The gesbertdelinea.art website is accessible free of charge to anyone with Internet access. All costs associated with access to the gesbertdelinea.art website, including hardware, software and Internet access costs, are the sole responsibility of the user. The painter-creator GESBERT DE LÍNEA shall not be held liable for any material damage arising from the use of the gesbertdelinea.art website. Furthermore, the User undertakes to access the gesbertdelinea.art website using recent, virus-free equipment with the latest generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.

2. Maintenance. The gesbertdelinea.art website may be subject to maintenance. To this end, the painter-creator GESBERT DE LÍNEA reserves the right to interrupt, temporarily suspend or modify access to all or part of the gesbertdelinea.art website without prior notice. in order to ensure maintenance (in particular by means of updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

3. Contractual liability. The painter-creator GESBERT DE LÍNEA uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site gesbertdelinea.art, but is under no obligation to do so. In particular, GESBERT DE LÍNEA cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the gesbertdelinea.art website.

4. Site registration. The painter-creator GESBERT DE LÍNEA may provide a procedure for registering on the Site gesbertdelinea.art to access a User space. The identifiers enabling any User registered on the gesbertdelinea.art Site to access his/her account and Order information. Any login provided by the painter-creator to the User is strictly personal, individual, confidential and non-transferable. The User shall be liable for any unauthorized, fraudulent or abusive use of his/her Login Information. The User is invited to contact the painter-creator if he/she has not received or has mislaid the information enabling him/her to connect, so that it can be returned to him/her.

5. Loss of identifiers. The User shall immediately inform La peintre-créatrice GESBERT DE LÍNEA of the loss or theft of his/her Login Information. In the event of a proven violation of the conditions of access to the gesbertdelinea.art website, La peintre-créatrice reserves the right to suspend access to the gesbertdelinea.art website, without compensation, prior notice or prior information. The subsequent provision of Identifiers shall release La peintre-créatrice from any liability to the User, who may not hold La peintre-créatrice liable for any unavailability of the gesbertdelinea.art Site.

10- PROTECTION OF PERSONAL DATA

The painter-creator GESBERT DE LÍNEA respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data, the purpose of which is the provision and improvement of the gesbertdelinea.art Site, commercial prospecting, the management of Orders, contracts and the delivery of Products, carried out from the gesbertdelinea.art Site comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés) in its latest version.

The information requested in the forms available on the Site gesbertdelinea.art marked with an asterisk are mandatory and necessary for the management of requests, and failure to respond in a mandatory field will result in the impossibility for the painter-creator to process requests from Users.

The personal data of individuals will not be kept beyond the period strictly necessary for the purposes indicated. Certain data enabling proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the statute of limitations and foreclosure periods for legal or administrative actions that may arise.

All Users are hereby informed and accept that the gesbertdelinea.art Site may include technical devices that make it possible to track use (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and are likely to be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the gesbertdelinea.art Site.

In accordance with the Data Protection Act and the RGPD, any person concerned by the processing carried out by the painter-creator has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure of his or her data as well as a right not to be the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.

All requests to exercise this right can be sent by e-mail via our contact form. Any person affected by data processing has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale Informatique et Libertés).

The Customer’s telephone details may be requested by the Painter-Creator as part of an Order. Customers who do not wish to be the subject of commercial canvassing by telephone are informed that they may, free of charge, register on a telephone canvassing opposition list called “Bloctel” (more information on bloctel.gouv.fr). When the Customer is registered on this list, la peintre-créatrice does not carry out telephone canvassing and may only contact the Customer by telephone for solicitations made in connection with the execution of an Order in progress and related to the subject of this Order.

For more information on automated data processing and how to exercise your rights, all Users can consult the privacy policy accessible at any time on the gesbertdelinea.art Site and the information on cookies used by the painter-creator.

11- Partner sites – Hypertext links

The User may access, via hypertext links on the gesbertdelinea.art website, the websites of Partners or third parties, which are not subject to these GTC. The User is therefore invited to read the general terms and conditions of use or sale as well as the privacy policies or any other legal information applicable to these third-party sites.

The User is informed that the Site gesbertdelinea.art may require access to other sites, designed and managed under the responsibility of third parties. GESBERT DE LÍNEA has no control over the content of these sites and declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all Partner content.

If a third-party site directs its users to the gesbertdelinea.art Site, the painter-creator reserves the right to request the removal of the hypertext link pointing to the gesbertdelinea.art Site if it believes that this link is not consistent with its rights and legitimate interests.

12- Force majeure or fortuitous event

The performance of GESBERT DE LÍNEA’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent performance. This suspension may concern all or part of the Order. In this case, the painter-creator will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to a refund. In the event of a partial impediment, only a partial refund will be granted.

Under the conditions provided for by law, Customers expressly accept that they may not invoke a case of force majeure to postpone payment (of an invoice, for example) for a Product or refuse delivery of an Order placed.

In addition to those generally recognized by the jurisprudence of the courts and tribunals, the following are considered to be cases of force majeure or fortuitous event, without this list being restrictive: strikes or labor disputes internal or external to the painter-creator, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any kind or any other circumstance beyond the reasonable control of the painter-creator.

GESBERT DE LÍNEA may not be held liable for any difficulties encountered by the User or Customer in accessing the gesbertdelinea.art website due to technical or software failure or any other cause beyond its control. The Customer acknowledges that he/she is aware of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result. Consequently, la peintre- créatrice cannot be held responsible for any unavailability, slowdown or failure of the Internet network or of any IT solutions, except in the case of proven negligence on its part.

13 – Intellectual property

The painter-creator GESBERT DE LÍNEA or its Partners hold all intellectual property rights relating to the gesbertdelinea.art Site and the Products. Intellectual property rights include, but are not limited to, all content, text, images, videos, graphics, logos, icons, sounds and software appearing on the gesbertdelinea.art website and/or the Products.

Access to the gesbertdelinea.art website and/or the purchase of a Product does not grant the User or the Customer any right to the intellectual property rights relating to the gesbertdelinea.art website and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the gesbertdelinea.art Site or Products in violation of the rights of the holders of intellectual property rights thereon.

Any unauthorized use of all or part of the gesbertdelinea.art website or the Products by the painter-creator or its Partners, for any reason whatsoever, may be subject to any appropriate action, in particular an interruption of access to the gesbertdelinea.art website or an action for infringement.

All the distinctive signs used by the painter-creator GESBERT DE LÍNEA are protected by law and any use not authorized by the painter-creator may give rise to legal proceedings.

Failure to respect the intellectual property of GESBERT DE LÍNEA or its Partners will be considered as serious misconduct on the part of the User or Customer and will be considered prejudicial to GESBERT DE LÍNEA, which reserves the right to claim damages.

14- Customer references and communication

1. Notice online.

Customers can leave a review on the gesbertdelinea.art website by filling in the form provided. They undertake to provide an accurate description of their consumption experience.

Reviews on the gesbertdelinea.art website are dated and listed in chronological order.

These comments are checked by the painter-creator GESBERT DE LÍNEA.

Reviews are published in their entirety. All reviews, whether positive or negative, may be published. However, publication of a review may be refused for any of the following reasons:

comment made by a person who is not a Customer;
abusive, defamatory, hateful, discriminatory comments ;
comment containing a hyperlink to a third-party site;
comment unrelated to the service in question;
comments containing personal data ;
unintelligible comment;
comments contrary to any legal or regulatory provision in force on the date of publication of the notice;

This check is carried out before publication of the notice, within one week of its submission by the user.

If the painter-creator refuses to publish the comment, the Customer will be informed by e-mail within one week of the decision not to publish the comment.

Customers cannot modify a notice after it has been published.

In any event, the painter-creator reserves the right to contact the User who has posted a review on the gesbertdelinea.art Site.

2. Customer Reference. GESBERT DE LÍNEA may request that the Customer be named as a purchaser of a Product. With the Customer’s agreement, the painter-creator may be authorized to mention the Customer’s name, the opinion that the Customer has given to the painter-creator on the Product as well as an objective description of the nature of the Product sold to the Customer in its reference lists and proposals to its prospects and customers, in particular on the Site gesbertdelinea.art, for promotional and advertising purposes, in interviews with third parties, in staff communications, in internal management planning documents, and in the event of legal, regulatory or accounting requirements.

3. Authorization to operate. Where the Customer sends written material, videos and/or photographs to the painter-creator GESBERT DE LÍNEA to give his/her opinion or testify about the Product supplied by the painter-creator, and where applicable issues comments or publications concerning the painter-creator (for example, on his/her social networks), to which his/her identifier and profile photo are attached, then the Customer authorizes the painter-creator to exploit this content for the promotion of its commercial activities. The contents are likely to be protected by image rights and/or copyright, and in this case, the Customer grants the painter-creator the possibility of adapting them (in form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as a notice. For example, the painter-creator may take screenshots of publications on social networks concerning her or the Product delivered to the Customer, and reproduce them on the gesbertdelinea.art Site as an opinion.

The Customer acknowledges that he is fully entitled to his rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, plus 70 years, and for the whole world. La peintre-créatrice reserves the right to submit to the Customer any other request for authorization to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis.

4. Event. The provisions of the preceding paragraph apply in the same way to videos and photographs taken on the occasion of any type of event (public, reserved for customers, etc.) organized or co-organized by the painter-creator GESBERT DE LÍNEA. The footage may be recorded and published by the painter-creator, including on social networks. If the Customer does not wish to appear in any publication of the images, he/she is requested to stand at the back of the room, not to take part in group photos, and not to make any sign to the photographer/cameraman in whose field he/she may be placed.

15- Changes to general terms and conditions

The painter-creator GESBERT DE LÍNEA reserves the right to modify the terms, conditions and mentions of the GCS at any time and without notice in order to adapt them to the evolutions of the Site gesbertdelinea.art or the evolution of its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in the case of distance selling by any means of communication on a durable medium.

Modifications to the General Terms and Conditions of Sale made by the Painter-Creator shall not apply to Orders already placed, with the exception of clauses relating to the technical development of the gesbertdelinea.art website, insofar as this does not result in a price increase or a change in the quality or characteristics to which the non-professional or consumer Customer has subjected his commitment.

The Customer may also be asked to accept the modified GTC, failing which the last GTC accepted will continue to apply until the Product is actually delivered. Should the Painter-Creator be unable to continue the execution of the Contract under the previous conditions, the Customer has the right to request termination and reimbursement.

16- LIABILITY

1. Responsibility of Users and Customers

The User or Customer is solely responsible for the interpretation he or she makes of the information provided in the context of the contents of the Products, for the advice he or she deduces or which has been provided to him or her, and for the adaptations made for his or her own activities. Use of the information is made under the sole responsibility of the Customer and at his/her own risk, which the Customer expressly accepts.

Where the Product is delivered with an instruction manual or any other user guide, including by reference to a URL link, the Customer undertakes to read and use the Product in accordance with the recommendations provided.

In the exchange spaces, the Customer assumes, as publisher, responsibility for communicating information to the public and editorial responsibility for all its communication, both physical and online, including but not limited to its site(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content it transmits to the public.

2. Limitation of liability for professional customers

Whatever the type of Product ordered by the Professional Customer, GESBERT DE LÍNEA’s liability is expressly limited to compensation for direct damage proven by the Professional Customer. In no event shall GESBERT DE LÍNEA be liable for indirect damages such as loss of data or files, operating loss, commercial loss, loss of profit, or damage to the image or reputation of the Professional Customer.

In the same way, the painter-creator cannot be held responsible for direct and indirect damage caused to the User’s equipment when accessing the gesbertdelinea.art website, and resulting either from the use of equipment that does not meet the specified conditions, or from the appearance of a bug or incompatibility.

IN ANY EVENT, THE LIABILITY OF LA PEINTRE-CREATRICE GESBERT DE LÍNEA TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER, EXCLUSIVE OF TAXES, IN EXCHANGE FOR THE SUPPLY OF THE PRODUCT IN RESPECT OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM THAT THE PAINTER-CREATOR GESBERT DE LÍNEA MAY BE CALLED UPON TO PAY BY WAY OF COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE HEADS OF DAMAGE ALLEGED AND THE LEGAL GROUNDS RETAINED, UNLESS OTHERWISE PROVIDED BY LAW OR JURISPRUDENCE.

17- GUARANTEES

Terms and conditions. We remind you that the legal warranties of conformity and against hidden defects are provided below for the benefit of customers who are consumers or non-professionals, and presuppose normal use of the Products in accordance with current usage. These warranties do not apply to any commercial warranty.

The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

18- GENERAL INFORMATION

The GTCS and all sales and purchase transactions referred to therein are governed by French law. The GTC and the gesbertdelinea.art website are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

In the event that any provision of the GTCS is found to be invalid, inapplicable, unenforceable or of no effect, such invalidity shall not render the GTCS null and void, and the validity of the remaining provisions shall not be affected thereby.

The Customer accepts that a peintre-créatrice GESBERT DE LÍNEA may assign the present contract to its affiliated companies or to a purchaser without its prior consent, insofar as such assignment is not likely to result in a reduction of the rights of the Consumer Customer.

19- DISPUTES

1. Amicable settlement. In the event of a dispute, the Customer shall first contact the painter-creator GESBERT DE LÍNEA to try to find an amicable solution.

2. Mediation.

In the event of difficulty in the performance of the Contract, the consumer customer residing in Europe has the possibility, prior to any legal action, of requesting the recourse of a consumer mediator identifiable on the https://www.economie.gouv.fr/mediation-conso website.

The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may refer the matter to the Online Dispute Resolution (ODR) Platform, accessible at the following URL address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

3. Dispute between professionals.

IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE PAINTER-CREATOR GESBERT DE LÍNEA CONCERNING THE ORDER, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF CASTRES, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR PETITION.