Section 1 : Identification

This website is operated by Benoit Jeanmaire.

Email : benoit.jeanmaire.art@gmail.com

SIRET number : 900 493 651 00013

Activité Principale Exercée (APE) 9003A Création artistique relevant des arts plastiques.

Address : 43 rue Courtalon, 10000, Troyes, FRANCE

Update date : 10/22/2022

The website https://benoit-jeanmaire.com is the property of Benoît Jeanmaire in its entirety, as well as the rights relating thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of its owner.

Benoit Jeanmaire can be contacted by e-mail directly at the above-mentioned address and on the contact form accessible via the home page and the contact page.

Section 2 : Acceptance of terms

These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Company’s websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These GTC can be viewed on the website https://benoit-jeanmaire.com.

Section 3 : Order and Price

The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this page and expressly declares to accept them without reservation. These general conditions of sale govern the contractual relationship between Benoit Jeanmaire and his client, both parties accepting them without reservation. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written derogation.

The artist Benoit Jeanmaire offers the production of personalized portraits from photos, as well as original works made with dry pastel.

Different sizes are offered.

The prices can be consulted from the “order” page of the website.

3.1 Order conditions for personalized works :

In order to place an order for a personalized portrait, the Customer must, in this order :

• Contact Benoit Jeanmaire via the contact form provided at the bottom of the home page or on the CONTACT page, any contact request implies acceptance of these general conditions of sale. The Artist undertakes to respond within 48 to 72 hours.
• After discussing with Benoit Jeanmaire and agreeing on the project, the Customer will receive an email accompanied by a quote.
• In order to validate your order, a non-refundable deposit corresponding to 50% of the total amount of the order is necessary and constitutes acceptance of the estimate, the artist will not be able to start your project without this guarantee.
• The customer can also, if he wishes, pay for his order in total before the beginning of the portrait.
• The artist reserves the right to refuse a photo that he considers unusable for the production of a personalized work. The Customer undertakes to hold the copyright or the authorization of the owners of the photo(s) that he provides to the Artist for the completion of the order.
• If the photograph or photographs issued by the client are deemed difficult to use by Benoit Jeanmaire, and the Client still wishes to continue with his order, the Artist undertakes to notify the Client in advance that a reinterpretation of the original photo would be possible. If the Client agrees, a lack of realism or details cannot then be blamed on the Artist.
• The artist undertakes to warn during his exchanges with the customer of potential waiting times according to the orders already paid. These deadlines vary according to the list of orders in progress, which can range from a few weeks to several months.

3.2 Price :

The prices of the products sold through the website are indicated in euros at the net price and excluding taxes (VAT not applicable, article 293 B of the CGI.), to which will be added the specific shipping costs.

Regarding personalized works:

To validate any order a 50% deposit is required. The artist will only start the production of a work after payment of the deposit.

Possibility to pay in installments on request.

The customer can also pay the amount of the order in one go if he wishes.

For personalized works, no cancellation is authorized in accordance with article L.121-21-8 of the Consumer Code, the deposit or the full payment of the order will not be refundable.

Regarding the original works:

The works will be invoiced on the basis of the rates in force at the time of your order validation. The shipping, packaging and insurance costs specific to your order will be presented to you on an estimate.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases.

These rights and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

Benoit Jeanmaire reserves the right to modify its prices at any time for the future.

Section 4 : Payments and deadlines

Payments can be made by Paypal, by bank transfer from a European account or by check.

Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France. The check must be made payable to Benoit Jeanmaire, and sent to the address indicated at the top of these T&Cs.

The execution times of a work will depend on the size chosen, the complexity of the realization of the work and the number of orders in progress.

These deadlines, given only as an indication, are of the order of 1 to 2 months.

In the event of busy periods of orders, these deadlines are likely to vary and cannot give right to the cancellation of an order.

Section 5 : Archiving Evidence

Purchase orders and invoices will be archived by Benoit Jeanmaire on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized registers of Benoit Jeanmaire will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Section 6 : Intellectual property

The customer agrees not to reproduce, copy, give, resell, offer for commercial purposes the products he buys on this site. Any reproduction for commercial purposes constitutes an infringement, and will be systematically followed by prosecution.

Section 7 : Delivery

Delivery is made to the address indicated when ordering, against signature of the Customer.

Benoit Jeanmaire will not be held responsible in the event of error by the customer. He is solely responsible for a lack of delivery due to an incorrect indication of his address when ordering. The risks are borne by the Customer from the date on which the products ordered leave the premises of the company.

A delay in delivery cannot give rise to any deduction, penalty, compensation or compensation.

Section 8 : Cancellation rights

Regarding the original works:

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay a penalty.

Returns must be made in their original condition and complete. In this context, your responsibility is engaged. Any damage suffered by the product on this occasion will be such as to defeat the right of withdrawal.

Return costs are your responsibility.

In the event of exercise of the right of withdrawal, and after receipt of the work in perfect condition, Benoit Jeanmaire will refund the sums paid, within 14 days of notification of your request.

The refund will be made within a period less than or equal to 6 days after receipt of the product concerned and will be made by bank transfer.

Regarding personalized works:

In accordance with article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• Supply of goods made to the consumer’s specifications or clearly personalized.

Section 9 : Data protection

The collection of personal customer information by Benoit Jeanmaire is necessary for the management of your order, the request for information, the routing of orders and the establishment of invoices.

The lack of information leads to the non-validation of the order. The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with Benoit Jeanmaire. In addition, Benoit Jeanmaire undertakes not to communicate, free of charge or with compensation, the contact details of its customers to third parties. (see privacy policy).

Section 10 : Nullity and modification of the contract

If one of the stipulations of this contract were cancelled, this nullity does not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

 Section 11 : Legal guarantees of conformity

The works sold benefit from the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.

All works are unique and handmade by Benoit Jeanmaire and cannot be exchanged or refunded under the pretext of visual or dimensional non-compliance.

In the event of proof given by the customer of a hidden defect, the Artist undertakes to repair all the consequences.

The customer agrees to accept that the photos of the works are likely to be corrected and may contain minimal nuances with reality both in terms of colors and contrasts.

The artist guarantees that the product(s) delivered comply with the order.

Section 12 : Applicable law in the event of disputes

The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.