Terms of sale
Preamble:
Instantsketching is the pseudonym used for the design, creation and production of works of art by artist Louis de Cointet whose place of residence is in France.
Louis de Cointet produces, reproduces and sells his own original works of art or reproduced by his services or by a duly authorized third party. The signatures of the work attest to this. It is agreed in all cases that the artist remains fully and unconditionally the owner of all his copyright.
The artist wishes that the integrity and clarity be protected ideas and conceptions of the artist as to his work and that for this purpose, the wishes and opinions that he may express are taken into account.
It is specified beforehand that the present conditions govern the contractual relations between any user of the site www. instantsketching.com (hereinafter referred to as "The client" or "the user") and Louis by Cointet, (hereinafter referred to as "Instantsketching" or "the artist" or " www.instantsketching.com "),
ARTICLE 1: PRICE
1.1 – The prices of the works are indicated in Euros, all taxes included, excluding shipping costs (see Delivery).
1.2 - In the event of an order to a country other than mainland France, you are here importer of the work (s) concerned. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are beyond the purview of the Artist. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to check these aspects with your local authorities.
1.3 - The Artist reserves the right to change prices at any time. The products will be invoiced on the basis of the prices in effect at the time of order entry, subject to availability.
1.4 - The products remain the property of the Artist, until full payment of the indicated price.
ARTICLE 2: ORDER
When you click on the validation button after the order process, you declare to accept this one as well as the entirety of these General Conditions of Sale fully and without reserve.
We will confirm the reception of your order by sending an email.
Data stored on www .instantsketching.com & nbsp; constitute proof of all transactions made by the Artist and his clients.
The data recorded by the payment system constitute proof of financial transactions.
ARTICLE 3: PAIEMENT
Payment for purchases is made in euros only, by credit card: Carte Bleue, Visa, Mastercard, Apple Pay or Paypal. The debit card banking is done at the time of order validation.
ARTICLE 5: CANCELATION
5.1 – In accordance with article L121-20 of the French Consumer Code, You have a right of withdrawal to return the work that does not suit you.
For any order on www.instantsketching.com , you have 10 calendar days to notify us of your return request. span >
To do this, please contact the Artist who will give you the return address and you will then have 8 days to return your order to us.
< span> Only the price of the print (s) purchased will be refunded. Return costs are your responsibility. Returns are to be made to Louis de Cointet, 24 rue Truffaut - 75017 Paris France, in perfect condition, in their original packaging and accompanied by a copy of the invoice and, if applicable, the certificate of authenticity. Span >
5.2 - Refunds will be made within a period of less than or equal to 15 days following receipt of the works by us. The refund will be made either by credit to your bank account or by check sent to the name of the customer who placed the order and to the billing address.
5.3 - No sending against refund will not be accepted for any reason.
ARTICLE 6: RESERVE AND OWNERSHIP CLAUSE AND PERFORMANCE OF THE SALE
The commissioned artwork(s) remain the property of the Artist until full payment of their Price by the Client.
It is agreed in all cases that the artist remains entirely and unconditionally the owner of all its copyrights.
ARTICLE 7: SHIPPING
Orders are generally shipped within 15 working days.
Deliveries are made to the address defined by the buyer via the Colissimo service of La Poste, which generally announces a delay of 2 working days to make the delivery.
All packages must be opened in the presence of the delivery person. It is your responsibility, in the event of failure or damage, to issue precise and detailed reservations to the carrier at the time of delivery, specifying the details of the damage on the delivery slip, in order to benefit from the insurance contracted. . If the driver refuses to stay for the opening of the package, the package must be refused.
If these procedures are not followed, you will not be able to benefit from any refund or resend.
ARTICLE 8: AVAILABILITY OF ARTWORKS
In case of unavailability of the artwork, the Customer will be informed at the latest within 10 days from the acceptance of the order.
In this case, the order will be deemed canceled. The sums paid by the Client at the time of the order will be reimbursed, unless the Artist offers a solution to replace the work that would be accepted by the Client.
ARTICLE 9: TRANSFER OF RISKS
The transfer of risks to the work will take place upon delivery by the carrier of the work to the Client.
ARTICLE 10: FORCE MAJEURE
All events, of whatever nature, beyond the control of the Artist, having an unforeseeable nature and tending to delay or prevent the execution of the Order constitute, by express agreement, a cause for suspension and / or extinction of the Artist's obligations towards the Client, without compensation for the benefit of the Client.
Without limiting the scope of the other provisions of these General Conditions of Sale, the Artist's liability , whether tort or contractual, cannot be engaged for acts due to a fortuitous event or to the act of a third party or of the victim of the damage.
ARTICLE 11: GUARANTEES
11.1 – The Artist undertakes to comply with all mandatory legal guarantees.
The works are covered by damage insurance during transport by the client himself, unless delivery is made by the artist. artist himself in person. Acquisitions will be fully reimbursed in the event of damage occurring before or during delivery, without the Artist being able to be blamed for any liability.
11.2 - A certificate of The authenticity signed by the Artist, guaranteeing the origin of the work, will be sent to the Client with the work. No other additional document will be provided.
ARTICLE 12: INDEPENDENCE OF CLAUSES
If for any reason one of these General Conditions should be declared null or inapplicable, the nullity or any defect affecting it will not affect the application of the other provisions of the General Conditions. Any General Conditions of Sale deemed inapplicable will then be replaced by the closest possible provision..
ARTICLE 13: ADVERTISING
13.1 The Artist's name will appear in the credits of the Work as the Exclusive Author of said Work in any form of sponsorship, on parts of the client's website (if applicable). Span >
13.2 The artist must be informed before any use of his work for all commercial, advertising, sponsorship and other purposes.
13.3 A link to the personal website of The Artist www.instantsketching.com & nbsp; will be established on the appropriate section of the client's website. span>
13.4 The Artist opposes any logo affixing that would be imposed by any distributors of The Work and its direct or indirect derivatives.
13.5 Any technological porting to other digital or non-digital media known or unknown to date must be submitted and carried out by the Artist or a company of his choice, subject to invoicing for the said service. span>
13.5 The artist reserves exclusively the products generated by the sale and use of texts, images, sounds, graphics and programs of all kinds contained in the Work and which are his property except on agreement with the client. It also reserves the right to use these elements in other forms of publication.
ARTICLE 14: THE RIGHT OF REPRODUCTION, DISSEMINATION AND ADAPTATION
The reproduction right:
- The artist reserves the right to have recorded by any technical process known or unknown to date, on all digital media, in all definitions and in all formats, using any framing ratio, still images or animated sequences, original sounds and dubbing, texts as well as computer programs representing the elements of the Work;
- L The artist reserves the right to establish or have established, in such number as it sees fit or to his successors in title, all originals, duplicates, or copies, on any media known or unknown to date, in particular digital, at from his Work;
- The artist reserves the right to put or have put into circulation these originals, duplicates or copies, for the marketing of the Work and all secondary uses or derivative (posters, flyers, brochures, catalogs).
The must of distribution sp an>
- The right of distribution includes the right to distribute or have all or part of the Work distributed in all countries, to all audiences, by all networks and by all procedures inherent in this mode of 'exploitation, on supports (Off-Line) or online (On Line).
The right of adaptation
- The artist reserves the right to right to adapt all or part of the work, including pre or post-publication, in modified, revised, condensed or extended form by the integration of new elements on all material and any current or future system. / span>
1- Secondary operations
The Artist can authorize the Purchaser who requests it:
A- La public performance in part of the sequences of the Work in order to ensure its promotion in all places, in particular in any market, festival or promotional event.
B- The right to exploit everything or part of the Work in the non-commercial sector, such as xploitation within the framework of national or world cultural events.
ARTICLE 15: PERSONAL INFORMATION
The information that you communicate to us, in the registration form and your order form, or by any other means, may be the subject of computerized processing in order to allow the processing of your file, the security of the payments, the shipping. of the commissioned work and the implementation of commercial actions. This information may, therefore and exclusively for the aforementioned purposes, be communicated, in France and abroad, to public bodies or private companies. By confirming your order, you authorize us to distribute them under these conditions.
In accordance with the law n ° 78-17 of January 6, 1978 (data processing and freedoms), you can access this information , request their modification or rectification or demand that they no longer appear in our database. You can exercise these rights by sending us an email on the contact page of the site www.instantsketching.com
ARTICLE 16 : APPLICABLE LAW - DISPUTES
Works of art are governed by the Intellectual Property Code. The present contract is regulated by French law.