General Terms and Conditions
Foreword
These General Terms and Conditions, hereafter referred to as the General Conditions, apply to all orders made by Customers on the www.lesjoliesplanches.com website developed by the company LOOK UP whose headquarters are located at 32 rue Jean le Coz, 92500 Rueil Malmaison, and which has corporate capital of €1,000, registered on the Business and Companies Register (RCS) of 829 780 071 under No. 829 780 071.
Represented by Ms Isabelle Diacono, duly authorised in her position as CEO.
Ordering Canvas Prints or any other products on the www.lesjoliesplanches.com Website implies full compliance with these General Conditions.
1 – Definitions
Customer refers to an individual who orders one or several products belonging to the company LOOK UP.
Hanging system refers to one or several systems which make it possible to hang a canvas print on a wall or a door. The two types of hanging system which fit into the Eyelets of the canvas prints are sold on the Website.
Internet user refers to a person who visits the www.lesjoliesplanches.com Website and, where applicable, requests that a personal account be opened to receive the newsletter issued by the Website.
Basket refers to a feature of the Website whereby an Internet User can choose products, whether or not they have a personal account. Adding a product to the Basket shall not be considered a purchase.
Canvas print refers to a printed canvas whose maximum size is 100cmx145cm, which has eyelets integrated into the canvas and which is attached with the hanging systems on sale or any other hanging systems which work with eyelets, including nails. Canvas Print can refer to educational and/or decorative prints in these General Conditions. The Canvas Print is composed of Drawings, graphs or text whose ownership remains under the company LOOK UP.
An educational Canvas Print refers to content, images, drawings, texts or, without this list being exhaustive, a combination of the aforementioned elements. Educational Canvas Prints endeavour to supplement general knowledge or that previously acquired within a school framework. They do not seek to follow a particular school and/or educational curriculum or to be adapted on the basis of changes made to the aforementioned curricula.
A decorative Canvas Print refers to original works or those under licence which aim to enliven or embellish an internal wall space.
Product refers to all goods sold on the www.lesjoliesplanches.com Website and particularly the Canvas Prints and Fastenings as referred to above.
2- Scope
LOOK UP developed the www.lesjoliesplanches.com website to enable consumers living in mainland France to discover and order Products in accordance with the conditions set out in detail below.
LOOK UP designs educational and decorative Canvas Prints in association with artisans and artists chosen for their talents and their passions. LOOK UP holds all property rights over the images, texts and photographs on the Website and the Canvas Prints, in accordance with the provisions of these General Conditions.
LOOK UP provides Customers with all the necessary pre-contractual information to give their free and informed consent before making any orders, particularly via the pages of the www.lesjoliesplanches.com Website covering Product description, Frequently Asked Questions, legal information and the General Conditions.
Further, within the framework of the sale of Products which have been the subject of both written and oral discussions between LOOK UP and Customers, the latter both agree and acknowledge that the discussions which preceded acceptance of these General Conditions were conducted in good faith. They acknowledge that before acceptance of these Conditions they obtained any necessary and useful information from the other party enabling them to enter into a contractual arrangement knowingly and to have mutually provided any information which could determine their consent and of which they could legitimately be unaware.
All orders imply unreserved and full compliance with these General Conditions which shall prevail over any other conditions or documents of any kind.
The fact that LOOK UP does not invoke any one of the provisions of the General Conditions at a given time may not be interpreted as it relinquishing its right to invoke any one of the aforementioned provisions at a later stage.
LOOK UP reserves the right to modify these General Conditions at any time and without warning. It is specified that the General Conditions applicable to Customers shall be those in force on the day of the order.
3 – Presentation of the website
The www.lesjoliesplanches.com website aims to offer Customers attractive and intelligent Canvas Prints made exclusively in France. The Canvas Prints enable customers to learn and decorate differently: “To rediscover the taste of childhood, exchange the virtual world for reality and learn at your pace, these beautiful canvas prints enable you to increase the knowledge of your clan while bringing colours and harmony into your home. “
The www.lesjoliesplanches.com website enables Customers to order Products online, in accordance with the conditions referred to in Article 7 of these General Conditions. Professionals who would like to purchase Canvas Prints can send a request by emailing the following address: isabelle@lesjoliesplanches.com
All Products are described in detail on the Website as specified in Article 4 of these General Conditions. Further, additional information is available either on the FAQ page or by using the Website’s Contact Us form.
4 – Presentation of the products
4.1 – Canvas Prints
A detailed description of the educational and decorative Canvas Prints can be accessed directly from the Website and it includes in particular: a descriptive text, a picture, the sizes available, a detailed description of the material used, weight and any other additional information judged necessary by LOOK UP with regard to the Canvas Prints.
The pictures of the Canvas Prints are photographs of a Canvas Print model on the basis of the theme. As colours can differ between the photograph published on the Website and the Canvas Print produced, LOOK UP recommends that, if necessary, Customers should request additional information before ordering. The photographs of products included on the website are not contractual with regard to the colours.
The Canvas Prints are made from a fireproof semi-matte polycotton canvas (65% cotton, 35% polyester), printed with latex inks (bright printing on dark and saturated colours). This canvas can be painted with oil or acrylic paints on top of the print (1200×1200 dpi).
To attach it to the wall, LOOK UP places two eyelets with an internal diameter of 1.5cm on the edge of each canvas print.
The themes of the Canvas Prints chosen by LOOK UP are in particular: general knowledge, history, geography, maths, etc. This list is not exhaustive and LOOK UP may offer its Customers Canvas Prints on new themes.
4.2 – Hanging system
LOOK UP offers hanging systems with or without drilling being required in different shades to best adapt to the Customer.
A detailed description of the hanging systems, as well as how they should be used, is available on the Website. Before making an order, it is recommended that Customers check the characteristics of their doors or walls and therefore their compatibility with the hanging system.
LOOK UP cannot be held responsible for installation causing damage which does not comply with the terms of use.
5 – Features of the website
5.1 – Access to the Website
Any Internet user who has access to the Internet has continual, unrestricted and free access to the www.lesjoliesplanches.com Website. LOOK UP reserves the right to partially or entirely shut down the Website without warning or compensation for a temporary or definitive period.
LOOK UP also reserves the right to change or remove one or several features and/or Products, it being understood that Products ordered and paid for by Customers shall be sent to them, except in the event of Force Majeure.
All costs relating to access, be they equipment, software or Internet access costs, are exclusively the responsibility of Customers. They alone are responsible for the proper functioning of their IT equipment, as well as their access to the Internet.
Further, in using the www.lesjoliesplanches.com Website, Customers agree:
– to use the Website exclusively for personal use;
– not to authorise a third party to use their Customer Account;
– not to transfer their Customer Account to any other individual or entity;
– not to use the www.lesjoliesplanches.com website for illegal purposes;
– not to compromise the proper functioning of the Internet network;
– not to disrupt the www.lesjoliesplanches.com Website in any way;
– to respect all legislation applicable in their country of origin or the country, state and/or city where they use the Website.
5.2 – Choosing products without a customer account
All Internet users can choose Products before opening an account. LOOK UP does not consider choosing products by adding them to the “Basket” an order.
Without the creation of an account and an order confirmation, products can be subject to sale by other Customers which can therefore lead to the products chosen not being available.
5.3 – Creation of a customer account
All Internet users can request that a customer account be opened on the website by providing the following information: surname, first name, email address, telephone number, postal address, invoicing address and delivery address if different.
Opening a personal account enables Internet users to receive the Website’s newsletter if they so wish and to order Products.
On the day the personal account is opened, Internet users are provided with a username and a password sent by email which are confidential and must not be communicated to third parties. Internet users alone ensure their confidentiality and they alone shall be responsible for their use under all circumstances.
If lost, Internet users may request that a new password be generated.
In the event of doubt over the theft or fraudulent use of their username and/or password, Internet users must inform LOOK UP by email as soon as possible.
A personal account enables Customers to have access to information connected to their profile, the status of orders made or in progress, invoicing details, delivery status, password modification and profile modification.
5.4 – Other features
Customers who have a personal account and who have made an order on the Website may provide a review on the page of the aforementioned product. Reviews aim to record the level of customer satisfaction and to improve the level of service quality and products on offer for sale.
Customers may provide a review of Products ordered and received.
LOOK UP processes reviews fairly and transparently, and they are subject to moderation to this end. In particular, reviews must respect the following rules:
– reviews and comments must be connected to the Product ordered;
– the Customer must be identified;
– before putting a review online, LOOK UP may request additional information from the Customer;
– LOOK UP may decide not to publish a review which does not correspond to an order, which would be discriminatory, which is abusive or rude, or if it does not comply with the applicable regulations;
– LOOK UP has the right of reply which must correspond to the same criteria as those referred to above.
LOOK UP remains the only decision-maker for total or partial publication, removal or refusal to publish messages proposed for publication by Customers. If a review is not published, LOOK UP undertakes to inform the Customer and provide them with the reason for its refusal to publish. LOOK UP publishes customer reviews, be they positive or negative, as long as they comply with the conditions referred to above.
Reviews and comments are presented in chronological order by default from the oldest to the most recent.
Further, LOOK UP enables Internet users and Customers to circulate the images contained on the Website depicting products on networks such as Pinterest, Instagram and Facebook. Circulation of the image must be accompanied by a link to the www.lesjoliesplanches.com Website.
To this end, and in accordance with the regulations in force, LOOK UP alone holds the intellectual property rights, particularly for logos, photographs, texts, graphic charter, texts, illustrations and images, without this list being exhaustive.
Any reproduction, adaptation or total or partial depiction of the www.lesjoliesplanches.com Website or the elements referred to above by any means, on any medium and for commercial or any other purposes is illegal and constitutes forgery which is subject to criminal sanction.
6 – Orders
6.1 – Prices
Products are provided with the prices in force on the Website which are given in Euros and include all taxes.
These prices take into account any potential reductions which may have been granted within the conditions set out on the Website.
These prices are non-negotiable and cannot be revised during their period of validity, as indicated on the www.lesjoliesplanches.com Website.
Outside this period of validity, LOOK UP reserves the right to change the prices at any time.
An invoice is drawn up by LOOK UP and provided to Customers:
– directly via their personal account;
– by email to the address indicated.
6.2 – Payment methods
To order Products, Customers must log onto their Customer account with their personal access information. Customers are free to choose one or several Products on the Website.
The total amount of the Order is payable in full in a single transaction at the time the order is made on the www.lesjoliesplanches.com Website via a secure payment using the STRIPE system:
– Visa
– Mastercard
– American Express
Customers can consult all the information relating to the Stripe payment system on the www.stripe.com website.
LOOK UP advises all its Customers to read the conditions of use and the model established by Stripe before any acceptance.
LOOK UP does not seek to retain its Customers’ bank details. In the event of a card payment, LOOK UP shall not automatically retain any such data.
If the payment conditions are not respected, LOOK UP reserves the right to suspend or cancel delivery of the Products ordered by the Customer. LOOK UP shall notify the Customer to inform them of the reasons for such a cancellation or suspension.
Customers are reminded that the order is non-negotiable and definitive on the day payment of the price is completed and these General Conditions are accepted.
6.3 – Cancellation of an order
An order is judged to be non-negotiable and definitive as soon as it is confirmed and has been paid for by the Customer.
In the event that an order is cancelled 24 hours after the date and hour of payment, LOOK UP may grant cancellation without cost and refund the Customer. LOOK UP shall not be bound by a performance guarantee in this respect.
6.4 – Order on Estimate
In the event of an order exceeding 5 Canvas Prints, Customers may request an estimate from LOOK UP using the Contact form.
The estimate sent by LOOK UP is valid for 30 days from its receipt.
The order shall be considered complete, non-negotiable and definitive on the day the estimate is signed, these General Terms and Conditions have been accepted and, where applicable, after payment of a deposit of 40%.
Without payment of the deposit, the order shall not be confirmed by LOOK UP which shall not be bound to deliver the products. It is expressly agreed that the deposit constitutes an initial payment for settlement of the order. If it is requested that the order be cancelled, Customers may request that the sums they shall have paid in that respect be refunded.
7 – Delivery
All deliveries are provided by Colissimo.
The delivery costs referred to on the Website are given in Euros and include all taxes.
Products are delivered to the address indicated by the Customer when the order is made within a maximum of 7 days of the order date for products in stock and 15 days for products requiring re-printing, excluding cases of Force majeure.
LOOK UP undertakes to refund Customers within a maximum of 14 days if the delivery deadline is not respected beyond 15 days. Customers may invoke their right to a refund in writing and as long as the products have not been delivered.
If Customers are not present on the day of delivery, a delivery note is placed through their letterbox. The note specifies all the modalities for a later delivery.
Customers must check the Products on the day of delivery and issue any necessary reservations in the event of deterioration of the packaging or damaged Products, or any other information they shall judge necessary. Without this, Customers may not raise damage caused to the Products with LOOK UP.
Reservations and complaints must be sent to the carrier within 3 days of delivery by recorded delivery with acknowledgment of receipt. A copy is also sent to LOOK UP.
8 – Right of withdrawal – only with regard to consumers
It is recalled that, in accordance with the regulations in force, Customers have 14 calendar days from receipt to exercise their right of withdrawal, without having to provide a reason or bear any penalties, as from confirmation of the order by LOOK UP.
In accordance with the applicable regulations, this right of withdrawal may not be applied in the following cases in particular:
– Provision of services fully executed before the end of the withdrawal deadline and whose execution began after the Customer’s express prior agreement and express forswearing of the right of withdrawal;
– Provision of prepared goods in accordance with the Customer’s or clearly personalised specifications;
– Provision of goods which could deteriorate or expire quickly;
– Provision of goods which have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;
– Provision of goods which, having been delivered and because of their type, are mixed together with other items in an inseparable manner;
– Maintenance or repair work to be carried out urgently at the residence of the consumer and expressly requested by them, within the limits of spare parts and strictly necessary work to respond to the emergency;
– Provision of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– Provision of digital content not provided in a material form and whose execution began after the Customer’s express prior agreement and express forswearing of the right of withdrawal.
To exercise their right of withdrawal, Customers must send LOOK UP the withdrawal form which can be downloaded at the following address:
https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397
In the event of withdrawal, Customers are obliged to return the Products at a cost to themselves within 14 days of exercising the right of withdrawal in perfect condition and in their original packaging.
LOOK UP undertakes to refund Customers who shall have duly invoked their right of withdrawal as soon as possible and at the latest 14 clear days following the date on which LOOK UP was informed of the decision to withdraw as long as LOOK UP has received the Products in a perfect condition, in their original packaging and accompanied by all their accessories.
9 – Intellectual property
It is recalled that, in accordance with the regulations in force, LOOK UP alone holds the intellectual property rights, particularly for logos, photographs, texts, graphic charter, texts, illustrations and images, without this list being exhaustive.
Any reproduction, adaptation or total or partial depiction of the www.lesjoliesplanches.com Website or the elements referred to above by any means, on any medium and for commercial or any other purposes is illegal and constitutes forgery subject to criminal sanction.
LOOK UP works with independent artists to create the Canvas Prints. The value of their work is particularly important to LOOK UP and therefore it includes their names on each Canvas Print.
LOOK UP considers removing or modifying the name of the Artist to be a modification of the images and/or content which may, to this end, be subject to legal proceedings by LOOK UP.
10 – Guarantees
In accordance with the applicable regulations, LOOK UP guarantees the products sold.
When it concerns a legal guarantee of conformity, Customers have a two-year period from delivery of the goods to act.
Customers may choose between repair and replacement of the goods, as long as the choice does not involve a cost which is manifestly disproportionate with regard to the other option, given the value of the goods or the significance of the defect.
Customers are exempt from providing proof of the existence of the lack of conformity of the goods for six months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee potentially granted.
Customers may decide to implement the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code and, in these circumstances, they may choose between cancellation of the sale or a reduction in the price of the sale in accordance with Article 1644 of the Civil Code.
11 – Insurance
LOOK UP undertakes to take out insurance covering all its activities and to keep the insurance contract in force with a reputable insurance company established in France.
12 – Force majeure
A case of force majeure habitually recognised by jurisprudence and by the French courts as such suspends execution of the Parties’ contractual obligations and exonerates them from any responsibility.
None of the parties shall be held responsible with regard to the other for non-execution or late execution of their obligations provided for in these General Conditions due to the occurrence of a case of force majeure. Events independent of the will of the parties which they could not be reasonably able to predict and which they could not reasonably avoid insofar as their occurrence makes it totally impossible to execute their obligations are considered cases of force majeure.
If the case of force majeure lasts for more than 30 consecutive days, the Parties reserve the right to cancel all or part of this Contract.
Under such circumstances, cancellation must be notified by recorded delivery with acknowledgment of receipt and shall take effect on the day of receipt.
13 – Cookies
Internet users and/or Customers acknowledge that they have been informed that LOOK UP may introduce cookies to identify the latter throughout the duration of their connection to the Website. These cookies remain active as long as the Internet user and/or Customer have not ended their session. They may object to use of these cookies without limiting their ability to access the site by configuring their browser in the appropriate manner.
14 – Applicable law
Any disputes concerning the validity, interpretation, execution or cancellation of these General Conditions, as well as the consequences and results of execution of the obligations, which cannot be resolved amicably between LOOK UP and the customer shall be submitted to the competent courts in accordance with the conditions of common law.
15 – Language
These General Conditions are drafted in French. If they are translated into one or several foreign languages, only the French text is valid in the event of dispute.
16 – Partial nullity
If one or several provisions in these General Conditions are deemed nugatory and declared as such in application of a law, a regulation or following a definitive decision by a competent court, the other provisions shall retain all their force and their significance.
17 – Amicable resolution of disputes – Mediation
In the event of a dispute about these General Conditions, Customers are informed that they may use contractual mediation: name, address and means of contacting the mediator being identified.
