GENERAL CONDITIONS OF SALE
ARTICLE 1 - SCOPE OF APPLICATION OF THE GCV
The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reserve, to all sales concluded by Mathis Teis (hereinafter referred to as "Seller") to non-professional buyers (hereinafter referred to as "Buyer(s)"), wishing to acquire one or more photographic art prints (hereinafter referred to as "Work(s)") offered for sale on the mathisteis.com website.
These GCS are accessible at any time on the site of the Salesman at the address mathisteis.com/cgv and downloadable in pdf by the Purchaser while clicking on the link below:
This document thus constitutes a durable medium that can be archived by the Buyer in order to avoid any possible dispute with the Seller in the event of a change in the time of these GTC.
The Purchaser declares to have taken knowledge of the present GTC and to have accepted them by notching the box envisaged for this purpose at the time of the procedure of order on line of the mathisteis.com site.
The data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer.
ARTICLE 2 - CHARACTERISTICS OF THE WORKS
The artworks sold on the mathisteis.com website are numbered and signed photographic art prints by the artist Mathis Teis. They are delivered with a certificate of authenticity.
The photographic prints proposed with the sale by the Salesman on the mathisteis.com site are regarded as works of art in accordance witharticle 98 A of the General Tax Code, appendix 3:
"II. - The following shall be considered as works of art
[...]
7° Photographs taken by the artist, printed by him or under his supervision, signed and numbered up to a limit of thirty copies, all formats and media combined.
The characteristics of the Works and in particular their formats and their supports are detailed in individual cards available in the various categories of the e-shop proposed at the address mathisteis.com/shop. The purchaser is held to take note of these characteristics before placing order.
The Works are delivered without framing or finishing touches. If the Buyer wishes to have his Works framed, he must contact the Seller at the following e-mail address . A tailor-made quotation will be sent to him/her in writing according to his/her request.
The colours of the photographs may vary between the display on the Buyer's screen and the physical prints received by the Buyer. This is due to the wide variety of monitor technologies available and their ability to render all colours of the spectrum. Mathis Teis uses a calibrated screen with colours that conform to the results on paper. Mathis Teis cannot be held responsible if the colours of the prints do not conform to what the Buyer sees on his screen.
ARTICLE 3 - PRICES
The Works are invoiced at the rates in force appearing on the site mathisteis.com/shop, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros excluding taxes. (VAT not applicable, art. 293 B of the General Tax Code)
The prices take into account possible reductions which would be granted by the Salesman on the mathisteis.com/shop site.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
Prices do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Buyer corresponds to the total amount of the purchase, including these costs.
For all sales, an invoice is drawn up by the Seller and sent to the Buyer by email and a physical copy is sent upon delivery of the Works ordered.
In the event of an order to a country other than metropolitan France, the Purchaser is the importer of the Work(s) concerned. For all Works sent outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by the Buyer and are his sole responsibility.
ARTICLE 4 - ORDERS
It is up to the Purchaser to select on the site mathisteis.com/shop the Works which he wishes to order, according to the following methods:
By going to the category of his choice, the Buyer can select a work and find a description sheet as well as photographs presenting in particular its support, its dimensions and its nature.
To order the work, the Buyer must select the work, place it in his basket and fill in the information necessary for the order (or identify himself, if he has a user account). Before confirming the order, the Buyer must check the information contained in the order summary, and has the possibility to correct any errors in the elements entered. They can also check the delivery costs.
Once the order has been placed, the Buyer will be immediately debited for the amount of the order placed.
ARTICLE 5 - USER ACCOUNT
In order to place an order, the Buyer is invited to create a user account.
To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.
The Buyer is responsible for updating the information provided. He/she is informed that he/she can modify them by logging into his/her account.
To access his personal space and order history, the Buyer must identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Buyer shall refrain from disclosing them. Otherwise, he/she shall remain solely responsible for the use made of them.
The buyer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email tomathisteis@contact.com. This will be effective within a maximum of one month.
In the event of non-compliance with the general conditions of sale and/or use, the Seller shall have the possibility of suspending or even closing a Buyer's account after a formal notice sent by electronic means has remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Buyer.
The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 6 - PAYMENT CONDITIONS
The price is paid by secure payment by credit card only.
The price is payable in cash by the Buyer, in full on the day the order is placed.
The data of payment are exchanged in encrypted mode thanks to the protocol defined by the approved provider of payment intervening for the banking transactions carried out on the mathisteis.com site.
Payments made by the Buyer shall not be considered final until the Seller has actually collected the amounts due.
The Seller shall not be obliged to deliver the Works ordered by the Buyer if the Buyer does not pay the price in full in accordance with the conditions indicated above.
ARTICLE 7 - DELIVERY
The products ordered by the Buyer are delivered in Metropolitan France and in the European Union as well as in different areas of the world. During the ordering process, the Buyer must enter his/her delivery address and will be informed if delivery is possible for his/her country.
Delivery times may vary according to the country of destination. Deliveries are made within a maximum of 15 working days to the address indicated by the Buyer during the ordering process on the site.
The Seller undertakes to do its utmost to deliver the Works ordered by the Buyer within the time limits specified above.
In the event of a delay in shipment, an e-mail will be sent to the buyer to inform him/her of the possible consequences on the delivery time that has been indicated.
If the Works ordered have not been delivered within a period of 7 days after the indicative delivery date, for any reason other than force majeure or the fault of the Purchaser, the sale may be cancelled at the written request of the Purchaser under the conditions provided for in the Consumer Code. The sums paid by the Buyer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier to the address given by the Buyer at the time of ordering and to which the carrier has easy access.
When the Buyer has taken upon himself to call upon a carrier of his choice, the delivery is deemed to have been made as soon as the works ordered by the Seller have been handed over to the carrier who has accepted them without reservations. The Buyer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
In the event of a particular request from the Buyer concerning the conditions of packaging or transport of the Works ordered, a specific additional invoice will be issued. The Seller will send a written estimate which must be accepted in writing by the Buyer.
The buyer is required to check the condition of the delivered Works. He/she has a period of 48 hours from the date of delivery to make complaints by email to the address The Seller shall be entitled to claim for any damage to the works of art, accompanied by all the relevant proofs (in particular photos). After this period and if these formalities have not been respected, the works will be deemed to be in conformity and free of any apparent defect and no claim can be accepted by the Seller.
The Seller will reimburse or replace, as soon as possible and at his own expense, the Works delivered for which the defects of conformity or the apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in the present GTC.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Buyer takes physical possession of the Work. The products therefore travel at the Seller's risk, except when the Buyer has chosen the carrier himself. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 8 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Works from the Seller to the Buyer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Works.
The buyer acquires only the "material support". The intangible property rights, i.e. the economic rights and the moral rights, belong to the author of the work (cf. Articles L121-1 to L122-12 of the Intellectual Property Code).
The artist's moral rights are "perpetual, inalienable and imprescriptible". It is linked to the person of the author who cannot renounce it or transfer it to another person. Upon his death, this right persists for the benefit of his heirs during the current calendar year and the 70 years that follow (cf. article L123-1 of the Intellectual Property Code).
The Buyer may only use the work in a strictly private context. In the case of an exhibition in a public place, the Buyer undertakes to inform the Seller. An estimate fixing the amount of the transfer of the representation rights may then be proposed to the Buyer to dispose of the work within a framework defined in writing and accepted by the Seller and the Buyer.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with article L.121-21 of the French Consumer Code, the Buyer has a period of 14 days from the delivery of the Work to exercise his right of withdrawal from the Seller, without having to give any reason.
In order to exercise his right of withdrawal, the Buyer shall inform the Seller in writing at the following email address .
The Buyer then has a period of 14 days following the withdrawal to return the Works. The return costs will be charged to the Buyer.
The works must be returned in their original condition (packaging, certificates of authenticity and accessories). If these conditions are not met, the works will not be returned or reimbursed, the Seller reserving this choice at its sole discretion.
In the event that the right of withdrawal is exercised, the Seller will proceed with the reimbursement of the sums paid, within 14 days following receipt of the Work in its premises and via the same means of payment as that used for the order.
ARTICLE 10 - LEGAL GUARANTEES
The Seller undertakes to respect the legal guarantees from which the Buyer benefits, which are
- The legal guarantee of conformity (Article L. 217-4 and following of the Consumer Code)
- The legal guarantee for defects in the thing sold (article 1641 and following of the Civil Code)
ARTICLE 11 - FORCE MAJEURE
Force majeure may suspend or cancel the sales contract in accordance with Article 1218 of the Civil Code:
"Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1.
ARTICLE 12 - PERSONAL DATA
The buyer is informed that the collection of his personal data is necessary for the sale of the works and their delivery. These personal data are collected solely for the execution of the sales contract.
12.1 Collection of personal data
The personal data collected on the mathisteis.com site are the following:
- Opening an account
When creating the user account :
Name, first name, postal address, telephone number and e-mail address.
- Delivery
During the ordering process the Buyer must fill in the following information in order to be delivered:
Name, first name, postal address, telephone number and e-mail address.
- Payment
Within the framework of the payment of the Works proposed on the mathisteis.com site, this one records financial data relating to the bank account or the credit card of the purchaser.
12.2 Recipients of personal data
The personal data is for the sole use of the Seller.
12.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.
12.4 Limitation of processing
Personal data is not used for advertising or marketing purposes.
12.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
12.6 Security and confidentiality
The seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.
12.7 Enforcement of Buyer and User Rights
In application of the regulations applicable to personal data, the Buyers and users of the mathisteis.com site have the following rights:
- They can update or delete their data in their user area.
- They can delete their account by writing to the email address
- They can exercise their right of access to know the personal data concerning them by writing to the email address .
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the email address
The controller will provide a response within a maximum of one month.
The customer may be asked to tick a box in which he agrees to receive informative and advertising emails from the Seller. The customer may withdraw this consent at any time by contacting the Seller at the following email address or by following the unsubscribe link.
ARTICLE 13 - APPLICABLE LAW
These GTCs and the transactions arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 14 - DISPUTES
In the event of a complaint, the Buyer must first contact the Seller at the following email address to resolve the dispute amicably.
If no amicable agreement is reached, the customer may refer the matter to a consumer ombudsman whose contact details are given below: https: //www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
In the absence of agreement between the seller and the Buyer, the dispute may be brought before the competent French courts.
GTC edited on 22 April 2022 by Mathis Teis.