Terms of sale

TERMS AND CONDITIONS OF SALE

Article 1 — Purpose and scope

These terms and conditions of sale govern the contractual relationship between Gabriel Jobert, sole trader under the micro-enterprise regime, registered under SIRET number 94286883700017, whose registered office is at 1 rue Marcel Allégot, Bâtiment D, 92190 Meudon, France (hereinafter "the Seller"), and any natural person acting as a consumer making a purchase on this site (hereinafter "the Customer").

They apply to all sales concluded on the site, to the exclusion of any other terms. Placing an order implies full and unreserved acceptance of these terms.

The Seller reserves the right to amend these terms at any time. The applicable terms are those in force on the date the order is placed.

Article 2 — Products

The Seller offers for sale:

  • printed reproductions of original graphic works (physical prints), manufactured on demand after ordering;
  • digital files (wallpapers) delivered by download;
  • polymer clay creations;
  • paintings.

Photographs and visuals illustrating the products are not contractually binding. Colours as displayed on screen may differ slightly from the printed result due to display settings and printing processes.

As prints are produced to order, slight variations in tone or positioning may occur from one copy to another. Such variations are inherent to the process and do not constitute a defect.

Article 3 — Prices

Prices are shown in euros, all taxes included. VAT not applicable, Article 293 B of the French General Tax Code.

Delivery costs are calculated and displayed before final validation of the order. They are added to the price of the products.

The Seller reserves the right to change prices at any time. Products are invoiced on the basis of the rates in force when the order is recorded.

Article 4 — Orders

The Customer selects the products, checks the contents of the basket, enters delivery and billing details, chooses a payment method and confirms the order.

Confirmation of the order constitutes acceptance of these terms and formation of the contract. A confirmation email summarising the order is sent to the Customer.

The Seller reserves the right to refuse or cancel any order that appears abnormal, in particular in the event of a previous dispute, suspected fraud, or manifestly incorrect information.

Article 5 — Payment

Payment is made online when the order is placed, using the methods offered on the site.

Transactions are secured by the payment provider. The Seller has no access to the Customer's banking data.

Orders are processed only after payment has actually been received.

Article 6 — Delivery of physical products

Products are manufactured on demand and then shipped to the address given by the Customer when ordering.

The total time consists of a production period of 2 to 5 business days, followed by a transit period of 5 to 20 business days depending on destination. Within the European Union, the observed total is generally 5 to 10 business days.

These timeframes are indicative and may vary depending on order volume, time of year and carrier.

A tracking number is provided to the Customer as soon as the order ships.

The Customer is responsible for the accuracy of the delivery address provided. Where an incorrect address results in the parcel being returned, re-shipping may be arranged, with the corresponding costs payable by the Customer. Parcels unclaimed within 30 days can no longer be re-shipped.

For deliveries outside the European Union, customs duties or local taxes may be payable on receipt. These charges are borne exclusively by the recipient.

Article 7 — Delivery of digital products

Digital files are made available to the Customer via a download link sent by email immediately after payment is confirmed.

It is the Customer's responsibility to check the validity of the email address provided and, where applicable, to check their spam folder.

If the file cannot be accessed, the Customer may contact the Seller at the address given in Article 13.

Article 8 — Licence to use digital files

Purchasing a digital file grants the Customer a strictly personal and private right of use.

The following are prohibited: resale, assignment, redistribution, making available to the public, commercial exploitation in any form whatsoever, and modification of the work.

The Seller retains all intellectual property rights attached to the works.

Article 9 — Right of withdrawal

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has 14 days from receipt of the product to exercise their right of withdrawal, without having to give a reason and without penalty.

To exercise this right, the Customer informs the Seller of their decision by email to ewilan.art@gmail.com, by means of an unambiguous statement or the model withdrawal form.

Products must be returned in their original condition, complete and unused, within 14 days of notifying the decision to withdraw. Return costs are borne by the Customer.

The refund is made within 14 days of the Seller recovering the products or of the Customer providing proof that they have been sent, whichever occurs first.

Exception applicable to digital products: in accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for digital content not supplied on a tangible medium where performance has begun after the Customer's prior express consent and express waiver of their right of withdrawal. This consent is collected at the time of ordering.

Article 10 — Statutory guarantees

Independently of any commercial warranty, the Seller remains bound by the statutory guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code, and by the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

The Customer has two years from delivery of the goods to bring a claim under the statutory guarantee of conformity.

Article 11 — Damaged, defective or non-conforming products

If a product reaches the Customer damaged, defective or with a printing fault, the Customer informs the Seller within 30 days of receipt, attaching a clear photograph showing the entire product concerned.

After verification, the Seller will arrange a free reprint or a refund of the product. Return of the defective product is not required.

If a parcel does not arrive, the Customer informs the Seller within 30 days of the estimated delivery date.

These provisions do not affect the exercise of the statutory guarantees referred to in Article 10 or the right of withdrawal referred to in Article 9.

Article 12 — Liability

The Seller cannot be held liable for non-performance or improper performance of the contract attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to an event of force majeure.

The Seller cannot be held liable for damage resulting from use of the products otherwise than for their intended purpose.

Article 13 — Complaints and customer service

Any complaint may be addressed to:

Gabriel Jobert
1 rue Marcel Allégot, Bâtiment D, 92190 Meudon, France
Email: ewilan.art@gmail.com

Article 14 — Personal data

Data collected is processed in accordance with the General Data Protection Regulation. Details are set out in the privacy policy available on the site.

Article 15 — Intellectual property

All works, illustrations, visuals, texts and graphic elements on the site remain the exclusive property of the Seller and are protected by copyright.

Any reproduction, representation, adaptation or exploitation, in whole or in part, without prior written authorisation is prohibited and constitutes infringement.

Article 16 — Governing law and jurisdiction

These terms are governed by French law.

In the event of a dispute, an amicable solution will be sought as a priority. Failing that, the consumer Customer may bring proceedings before the court of their choice among those having territorial jurisdiction under the French Code of Civil Procedure.

This is a translation of our French Terms and Conditions of Sale. In the event of any discrepancy between the two versions, the French version prevails.