Terms of sale
Preamble
These General Sales Conditions are concluded between, on the one hand,
The company SASU CB SERVICES (hereinafter referred to as CB SERVICES), a company with a capital of 1,000€
51 avenue du Maréchal Leclerc, 59162 Ostricourt, France - info@charlesbarbe.com
Registered with the RCS of Lille under number 984 655 167
with the intra-community VAT number FR69984655167
and, on the other hand, any person wishing to place an order for the sale of fine art prints and/or digital products (hereinafter referred to as "Customers") through the website "www.charlesbarbe.com", exclusively owned by CB SERVICES.
Last updated: 19/092024
Article 1 - Object
Governed by Article L. 441-6 of the Commercial Code and in accordance with Article L.111-1 of the Consumer Code, these General Sales Conditions govern the sale of any product presented on the website www.charlesbarbe.com by the company CB SERVICES. They aim to define the reciprocal obligations of the parties as well as the different stages of the ordering process.
By the mere fact of validating his/her order on the Site, the Customer declares that he/she has read, understood, and unreservedly accepted the terms of said order as well as the entirety of these General Sales Conditions.
These conditions may be subject to modifications. Therefore, it is understood that the applicable conditions are those in force on the site at the time of the conclusion of the contract.
Article 2 - Legal Capacity
Customers declare themselves to be of legal age and fully capable of contracting.
Article 3 - Geographic Areas
Products and services are offered in Europe and internationally, with the exception of several countries, particularly in Asia and Africa. Sales outside of these geographic areas cannot be considered for logistical reasons.
Article 4 - Prices of Products for Sale
The prices indicated on the website www.charlesbarbe.com are issued in euros (EUR) and converted in the local currency of the Customers, including VAT where relevant. VAT is applied at the rate in force in metropolitan France at the time of the order. The selling prices of the products may be modified at any time by CB SERVICES. Any change in rates would be applied immediately to the current order.
Article 5 - Articles and Products
The items visible on the website www.charlesbarbe.com are only deliverable within the limits of available stocks. In the event of unavailability of the product, CB SERVICES undertakes to inform the buyer as soon as possible by email or phone. The buyer will then have the option to choose another item or to cancel the order and be refunded.
CB SERVICES endeavors to describe the products offered for sale with the greatest possible accuracy. The Customer has the opportunity, before placing an order, to become acquainted, on the Charles Barbé website, with the essential characteristics of the products he/she intends to acquire. However, if errors have occurred in this presentation, CB SERVICES cannot be held responsible. The illustrations and photos of the products accompanying the text are not part of the contractual scope. Under no circumstances can CB SERVICES be held liable on the basis of said illustrations/photos.
Article 6 - Orders
As soon as the Customer definitively validates his/her order by clicking on "Validate your payment," it is established that he/she accepts knowingly the content, delivery terms, and conditions of the Order in question, and especially these General Sales Conditions, the rates, quantities, descriptions, characteristics, volumes, and delivery times of the products ordered by the Customer on the Site.
CB SERVICES will acknowledge receipt of this order by sending an email to the Customer originating this order. CB SERVICES reserves the right to cancel or put on hold the execution of an Order or its delivery, regardless of its nature and stage of execution, in the event of an inability to debit the Customer's bank account for his/her order or any sum due by this customer, or if a payment incident occurs, or in the event of fraud or attempted fraud related to the use of the CB SERVICES website, including during previous orders. Finally, if the email address provided by the Customer during registration is incorrect, and if the Customer has not received the confirmation email of the Order sent systematically by CB SERVICES, CB SERVICES cannot be held responsible. The sale will then be considered final, unless CB SERVICES deliberately decides to cancel it, for example in the event of out-of-stock products. However, the Customer may exercise his/her right of withdrawal within 15 days following the day of the order.
Article 7 - Payments
Customers have the option to pay by credit card directly on the site, with a Visa, Eurocard, or Mastercard. Payment methods such as bank transfer and cash on delivery are not accepted.
The invoice amount will be debited from the customer's account on the date of payment.
Article 8 - Delivery
Pre-ordered products will be delivered to Customers at the address provided in the "My Account" form completed by the Customer upon registration. In the event of a change of address, it is the Customer's responsibility to notify this before placing an order by modifying his/her details on the "My Account" form.
For all products (excluding pre-orders), delivery will be guaranteed no later than 15 days after validation of the order (if the product(s) are available in stock). The customer is delivered to a pickup point or to his/her home depending on his/her choice at the time of payment.
Article 9 - Returns
Our return policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we cannot offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in its original packaging.
We are a small operation, so return shipping costs will be at your expense. However, you will still receive a refund for your order under the following conditions.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a few days.
Late or Missing Refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company. It may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@charlesbarbe.com.
Exchanges
The products sold on the Site are unique and most of the time printed on demand. For this reason, we will ask you to place a new order regardless of the status of the first order, especially regarding its refund.
Shipping
To return your product, you must send it by mail to the following address: CB SERVICES, 51 Avenue du Maréchal Leclerc, 59162 Ostricourt, France.
You will be responsible for paying your own shipping costs for returning your item.
If you require a refund, shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
The delivery time for your exchanged product may vary depending on your place of residence.
Article 10 - Rights and Withdrawal Period
From the date of receipt of their order, the Customer has a period of thirty (30) days to return the ordered products. All returns of products will be made to the address mentioned in the previous article. When the right of withdrawal is exercised, a maximum period of fifteen (15) days is required from the receipt of the returned product by CB SERVICES before the amount of the returned product(s) is credited back to the Customer's credit card account.
Withdrawal rights do not apply on digital products sold on the website. Any purchase of digital product will be considered final and consumed, and will not be refunded.
Article 11 - Legal Guarantees
The products sold benefit from the legal conformity guarantee provided for in Articles 211-4 and following of the Consumer Code and the guarantee against hidden defects (Articles 1641 and following of the Civil Code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation of CB SERVICES under this guarantee is, at its discretion, the free replacement or repair of products recognized as defective without any other service or compensation.
This guarantee does not cover damage resulting from misuse of the product, normal wear and tear due to its use, or failure to follow washing and maintenance instructions. To benefit from the product warranties, it is imperative to keep the purchase invoice of the product as well as the delivery note.
Article 12 - Customer Service
For any information or question, you can contact Customer Service free of charge by email: info@charlesbarbe.com.
Article 13 - Privacy
This privacy policy describes how your personal information is collected, used, and shared when you visit or make a purchase on the website www.charlesbarbe.com.
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies installed on your device. Additionally, as you browse the site, we collect information about the individual web pages or products that you view, the websites or search terms that referred you to the site, and how you interact with the site. We refer to this automatically-collected information as "Device Information."
We collect device information using the following technologies:
- "Cookies" which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies and how to disable them, visit http://www.allaboutcookies.org.
- "Log files" track actions occurring on the Site and collect data including your IP address, browser type, Internet service provider, referring/exit pages.
- "Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the site.
Article 14 - Responsibilities
CB SERVICES shall not be liable for any events, inconveniences, or damages inherent in the use of the Internet network, particularly in the event of service interruption, external intrusion, or the presence of computer viruses.
Furthermore, CB SERVICES cannot be held responsible for the non-performance of the contract concluded in the event of fortuitous events, force majeure, disruption or partial or total strike including postal services and means of transport and/or communication, flooding, fire. CB SERVICES shall incur no liability for any indirect damages resulting from these terms, loss of business, loss of profit, damages, or expenses that may arise.
Article 15 - Jurisdiction
These general terms and conditions of sale are subject to French law. Any dispute that has not found an amicable solution will be subject to the exclusive jurisdiction of the competent courts or the jurisdiction of the actual place of shipping of the Customer's order, notwithstanding the plurality of defendants and/or third-party proceedings, even for emergency procedures or provisional procedures by interim order or by request.
Article 16 - Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights are and remain the exclusive property of CB SERVICES.
No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification, or use of these assets is strictly prohibited.
Article 17 - Modification of the Terms of Sale
The company CB SERVICES reserves the right to modify these General Terms and Conditions of Sale in any case. If the new General Terms and Conditions of Sale are not acceptable to a Customer, the latter should terminate their subscription by registered letter with acknowledgment of receipt. The refusal of the new General Terms and Conditions of Sale must be explicit; without explicit manifestation of will before the entry into force of the new provisions, the Customer will be deemed to have accepted the modifications.