(01/02/2022)
1 - Application
The general conditions of sale detailed below (hereinafter referred to as the "General Conditions"), govern the contractual relations between any user of the site « www.bgm-affiches.com » (hereinafter referred to as a « User », « Customer » or « You ») and the company SEBAE DESIGN, a sole proprietorship, registered in Chambre des Métiers et de l’Artisanat of La Rochelle under number 908 853 088 RM 17, whose head office is located at 107, Avenue Michel Crépeau, 17024 La Rochelle cedex 1 (hereinafter referred to as « SEBAE DESIGN »), publishing the website « www.bgm-affiches.com » (hereinafter the « Site »). These general conditions of sale are the only ones applicable and replace all other conditions, except prior, express and written derogations. The applicable general conditions are those in force on the day of your order on the site. Sebae Design may occasionally be required to modify some of the provisions of its general conditions, so it is necessary that they be reread and validated before any new order. The validation of the order implies unreserved acceptance of the General Conditions of Sale available on the site, and commitment to respect them. These terms govern all sales of products on the Site. These modifications are enforceable from the date they are posted online and cannot be applied to contracts entered into previously. Sebae Design will communicate all old general conditions upon written request.
2 - Use of the website www.bgm-affiches.com
The use of the site is linked to compliance with the general conditions of sale and the conditions applicable to the use of the site. Acceptance of these general conditions assumes that the user has the necessary legal capacity for this purpose, or failing that, that he has the authorization of a guardian or his legal representative if he is a minor, or that he holds a mandate if he is acting on behalf of a legal person. The Site is available in French and English. Sebae Design strives to provide accurate information on this site and to keep it up to date. Sebae Design reserves the right and the possibility of correcting the content, without notice and at any time. However, Sebae Design cannot guarantee the accuracy of the information provided. Also, Sebae Design cannot be held responsible for bugs, inaccuracies, omissions, site interruptions and other malicious intrusions resulting in changes to accessible information. Sebae Design cannot be held responsible for an inability to use the site and its consequences, whatever the causes or origins of the malfunction. The user of the site guarantees the truthfulness and accuracy of the information he provides. Sebae Design reserves the right to refuse or cancel any order from a customer with whom there is a dispute or/and a prior or/and current dispute.
3 - Products specifics
The products for sale on the site are either limited editions, numbered, personalized, or free editions without determined quantities. They are made to order in different formats. Special formats may be offered for certain products. A limited edition certificate accompanies the numbered editions.
4 - Price
The prices indicated on the site are in Euros, the only currency accepted, and it's inclusive of all taxes (TTC), excluding shipping costs which are indicated separately. Prices are subject to change at any time by Sebae Design, without justification. The prices displayed are valid on the day of the order only, without effect for the future. Sebae Design reserves the right to refuse any order for which the delivery presents constraints that do not fall within the scope of the services offered by its logistics partners.
5 - Order procedure
To place an order on the website www.bgm-affiches.com : choose a product through a descriptive sheet, a format among those offered and a quantity between 1 and the maximum number offered. Then press the « Add to Cart » button. The basket appears indicating the chosen product, its quantity, its price and the total price if other products have previously been added to the basket and indicates « Product successfully added to your shopping cart » (A « My Cart » icon allows everyone to view the current order, the nature of the products, their price and their quantity. You are free to modify or delete the order). It is then proposed to « Continue shopping » or « Proceed to checkout ». If you choose « Proceed to checkout », an order summary will appear. You can adjust your order in quantity or remove items. If you have logged in via your account, the billing and delivery addresses used during your last order will be indicated by default, you will be able to modify them in a future step. It will again be offered to « Continue shopping » or « Proceed to checkout ». If you choose « Proceed to checkout » and you are not logged in through an existing account, you will be asked to create your account or log in with your e-mail address and password if you already have one. Then you will validate your billing and delivery addresses by clicking on the « Proceed to checkout » button. You will then choose the delivery method you want from the solutions offered which vary according to your region and the content of your order (The shipping costs depending on the formats and the delivery conditions are available for consultation – cf. Delivery conditions). The delivery time is indicated when choosing the delivery method. The general conditions of sale (CGV) must be accepted, they are accessible via a link from any page at the bottom of the page in « Our services » and « Terms and conditions of use ». This validation is mandatory for each order, it alone will give you access to the payment methods offered and to the validation of the order. The method of payment offered is payment by credit card. Sebae Design uses Paypal and bank transfer systems. Once payment has been made and after confirmation of payment by the bank or financial institution, Sebae Design will confirm receipt and registration of your order. Sebae Design will send you an invoice. Sebae Design will inform you of the shipment or availability of your order. Orders placed outside the site by a distributor, or by a customer at a Sebae Design point of sale, are subject, unless otherwise agreed in writing by Sebae Design, to the same general terms and conditions as those for online sales (payment, delivery, ownership…).
6 - Means of payment and payment security
Payment systems are PayPal or bank transfer. Orders are definitively validated and the delivery times communicated begin to run only from the date on which the order amount is credited to the Sebae Design account.
7 - Title retention clause
The products remain the property of Sebae Design until full payment and receipt of the invoiced amount, as well as any additional costs that may have been generated. The risks are nevertheless transferred to the buyer upon delivery.
8 - Delivery and delivery methods
Sebae Design delivers its products in Metropolitan France, including Corsica. Sebae Design does not deliver its products to other countries. A set of ordered works is sent in a single shipment, and the format of the largest product determines the delivery conditions. For orders of several products, a flat-rate supplement per format and per model is automatically added to the delivery price, as well as the supplement for deliveries in Corsica. We invite you to contact us for any special request or for any order of more than 5 products. Sebae Design offers Colissimo delivery against signature. Sebae Design draws attention to the fact that some products are of large sizes, it is the responsibility of the customer to ensure that the order can be delivered to him under normal conditions, with suitable access conditions. In any case, the responsibility of Sebae Design or the carrier cannot be engaged in the event of impossibility of access to the place of delivery, or if the delivery can only be made at the foot of the building, at the entrance of a house or garden.
9 - Delivery address
Delivery will be made to the address provided when entering the order. Delivery and billing addresses may be different. Any errors in the delivery details (Recipient, Address, etc.) which could make it impossible for our logistics providers to accomplish their delivery mission are the sole responsibility of the customer. The additional costs generated (return to warehouse, storage, new delivery, etc.) will be borne by the customer, who undertakes to bear the costs and to pay them diligently so that Sebae Design can deliver the product again. In the absence of payment of the additional costs, Sebae Design will consider the order as partially paid and will ship the order again only once all the payments have been settled. Once the order has been registered, it is impossible to change the delivery address. However, we remain at your disposal in case of difficulties, and we invite you to contact us as soon as possible in order to study the possibilities of meeting your expectations.
10 - Time limit
The delivery time is indicated when ordering at the stage of choosing delivery methods. The delivery time communicated is estimated from the total receipt of the order by Sebae Design. The time indicated is dependent on the manufacturing time and the delivery method chosen. In the event of a delay in delivery or an impossibility of being able to deliver the product for reasons of force majeure (strike, fire, flood, natural disasters, etc.), no claim for compensation, of any nature whatsoever, can be requested by the customer. Sebae Design will do everything possible to respect the deadlines indicated and its duty to inform the customer. The choice of shipping method and carrier belongs to Sebae Design. The rate of shipping costs varies according to the formats and quantity of the products ordered.
11 - Receipt of delivery
IMPORTANT : Upon receipt of your order, it is the customer's responsibility to open the package in the presence of the delivery person to check and note the good condition of the product(s) delivered. If you have mandated a third party to receive the goods, it is your responsibility and your interest to inform them and make them aware of this procedure. During the control of the products, if you notice an anomaly, a degradation, a defect which calls into question the quality of the products, you must imperatively REFUSE the delivery and especially DO NOT SIGN the delivery slip. Give the parcel(s) to the deliverer, indicating the reasons for your refusal, and contact us the same day by e-mail or telephone. Sebae Design will unfortunately not be able to accept any complaint if the delivery note has been signed, including with an additional indication « subject to » which has no value. No action could then be taken with the carrier or the logistician.
12 - Right to retract
Sebae Design draws the customer's attention to the fact that the products offered are unique, numbered, personalized, that they are edited and manufactured on demand. Consequently, they cannot benefit from the right of withdrawal provided for in the provisions of Article L121-20-2 of the French Consumer Code. The products ordered will not be taken back or exchanged, outside the application of the guarantee on quality defects. In the case of non-personalized products, the customer has the possibility within 7 (seven) working days, from the date of receipt, to return the products without justifying the motivation. The products must be returned at the customer's expense to the address that Sebae Design will communicate on request. They must be in their original condition (complete, clean, undamaged) and in their original packaging. Sebae Design will systematically refuse reimbursement for any return that does not meet these criteria. No cash on delivery returns will be accepted. After receipt of the returned product(s) and checks by Sebae Design, the customer will be reimbursed by check or bank transfer within 45 days (date of receipt). However, we invite you to contact us before any return.
13 - Right of return
In the case of a delivery not conforming to the order, apart from a quality defect, the customer has a right of return. He must then contact Sebae Design by telephone or email within 3 (three) working days maximum after receipt of the delivery. After having been able to note the non-compliance of the delivery, Sebae Design will organize the return and delivery of the initial order. The costs of recovery, transport and delivery will be borne by Sebae Design. For all non-compliant products delivered in terms of quality, the customer must contact Sebae Design by email or telephone during the day. After having been able to observe the non-compliance of the delivery, Sebae Design will organize the collection and delivery of a replacement product. If the product is no longer available in stock, Sebae Design will offer the customer an alternative at an equivalent price. The costs of resumption of transport and delivery will be borne by Sebae Design.
14 - Disclaimer and Warranty
The visual representations of the products present on the site are guaranteed by Sebae Design as faithful to reality. However, Sebae Design draws attention to the fact that the rendering of these representations, particularly in terms of colors, may vary or differ significantly from one screen, computer station, tablet or smartphone to another, or depending on the resolution chosen for the display. These differences can in no way be blamed on Sebae Design, whose responsibility could not be engaged as a result. The frames in which the posters are placed are shown for illustration and rendering examples. They are neither sold with the posters nor alone. Only posters are sold and shipped by Sebae Design. In the event of defects, the product guarantee applies in accordance with the provisions of the civil code of the legal guarantee against hidden defects, and in accordance with the articles of the consumer code, of the legal guarantee of conformity.
15 - Ownership of Site Elements
Sebae Design informs users of the site and customers that in the absence of agreements or written authorizations, all the elements present on the site are the property of Sebae Design. Also, whatever the works acquired by the customer, any partial or total copy, any distribution or exploitation of elements, even modified, is strictly prohibited. Failure to comply with these rules may result in legal action. This warning any element that makes up the site www.bgm-affiches.com, such as representations of posters, photos, but also texts, logos, publications, advertisements, or others. These rules are governed by French law.
16 - Validity of these terms and conditions of use
If one of the paragraphs or clauses of these General Conditions of Sale were found to be null and void or unenforceable, the rest of these General Conditions of Sale would remain in force, unless the invalidated obligation is an essential obligation. the deletion or cancellation of which would prevent the continuation of these General Conditions of Sale in their entirety. These general conditions of sale are governed by French law. They are available in the languages of the site. In the event of a dispute arising from this contractual relationship, the client and Sebae Design undertake before any legal action to seek an amicable solution. In the event of a dispute, only the French courts will be competent.