Legal Notice
Identification & Activity
1 – PURPOSE AND OPPOSABILITY OF THE GCS
The purpose of the "CLAIREBMASIMBERT.COM" website is to present the Works of the artist (here-
after the "Seller") to users of the site (potential "Buyers"), and gives them the possibility of
discover them and buy them online directly from the Seller.
The purpose of these general conditions of sale is to define the terms and conditions of
online sale of the Works present on the site, and to define the rights and obligations of the parties in
That relation.
Sales made through the Site are concluded directly between the Buyer and the Seller.
2 – ACCEPTANCE
The unreserved acceptance of all of these general conditions of sale is
essential to the conclusion of the sales contract, both by the Seller and the Buyer. This
acceptance is materialized by a checkbox in the order form of the Work.
3 – ORDER
The Works are offered for sale on the Site by the Seller, subject to their availability.
Each proposed Work is accompanied by a brief descriptive sheet containing the information
relating in particular to its support, its dimensions, its weight and its nature. To order a
Work, the Buyer must select the Work of his choice, place it in his basket and fill in the
necessary information concerning him for the order (or identify himself, if he has an account
User). Before confirming his order, the Buyer must verify the information contained in
the summary of the order, and has the possibility of correcting any errors in the items entered, as well as being aware of the delivery costs. The Buyer will not be charged for
payment before the validation of his purchase offer, made within 48 hours by
“CLAIREBMASIMBERT.COM”, in order to ensure the availability of the Work to the Seller.
In the event that the Work is no longer available, an email informing the Buyer will be sent
within 48 hours, resulting in the cancellation of the order.
4 – SALE PRICE AND TERMS OF PAYMENT
The sale price of the Works is displayed on the Site in the currency determined by the Buyer and
includes all taxes except for delivery and packaging charges where applicable. The
different possible delivery methods and the related costs are indicated at the time of the summary
of the order. Delivery and packaging costs depend on the nature of the work, its
dimensions, its weight, as well as the place of delivery. The payment of the price of the work by the Buyer to the
Seller is made via the payment services made available by "CLAIREBMASIMBERT.COM":
card and bank transfer (the conditions of use of which are available at the following address:
www.clairebmasimbert.com). The transfer of ownership occurs once the full price has been paid by
the Buyer. In the event of non-payment of the full price, the sale will be automatically canceled, and
the work put back on sale on the "CLAIREBMASIMBERT.COM" website.
5 - DELIVERY OF WORKS
The delivery of the ordered Works is made to the address indicated in the summary form
of the order, during working hours and according to the methods provided by the service provider.
delivery determined when ordering. The Buyer has the obligation to find out about the terms
and the delivery times implemented by the various delivery providers. The obligations
concerning the delivery of the order, namely the respect of the announced deadlines, the quality of
the packaging of the work, as well as its conformity, weigh solely on the Seller.
The Buyer undertakes, upon receipt of the order, to check the condition of the work, and issue any
reserve in writing and without delay, at the latest within 48 hours, to “CLAIREBMASIMBERT.COM”
6 – RIGHT OF WITHDRAWAL
Pursuant to article L.121-21 (law of March 17, 2014 relating to consumption) of the
consumption, the Buyer has a period of 14 days from the delivery of the Work to
implement its right of withdrawal from the Seller, free of charge and without reason.
The Buyer exercises his right of withdrawal from "CLAIREBMASIMBERT.COM" by sending a
email to the following address claire.bmasimbert@orange.fr
"CLAIREBMASIMBERT.COM" will then take care of the Buyer's request for withdrawal and
will refund it within 14 days of the date on which
"CLAIREBMASIMBERT.COM" has been informed of the Buyer's exercise of the right of withdrawal. the
reimbursement will relate to the price of the work paid by the Buyer as well as the return costs. The
works returned damaged or soiled by the Buyer will not be taken back or refunded,
“CLAIREBMASIMBERT.COM” reserves this choice at its sole discretion.
7 – LEGAL GUARANTEES
The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits,
namely: the guarantee of non-compliance and the guarantee of hidden defects.
8 – FORCE MAJEURE The existence of a case of force majeure may suspend the execution of the contract or, if it is final,
lead to the resolution of the sale. Expressly, are considered as cases of force majeure
or fortuitous cases, those usually retained by the jurisprudence of French courts and tribunals either
an event beyond the control of the debtor, which could not have been reasonably foreseen when
the conclusion of the contract and the effects of which cannot be avoided by appropriate measures The party
invoking Force Majeure must immediately notify the other party thereof, as well as of its disappearance.
9 – INTELLECTUAL PROPERTY
The Seller guarantees to be the author of the assigned Work, that the Work does not in any way contravene the
laws, regulations and standards in force and that it does not infringe the rights of third parties.
He undertakes to guarantee "CLAIREBMASIMBERT.COM" and the Buyer in the event of recourse by a third party
concerning the transferred work, within the framework of the guarantee of eviction. During the sale, the Seller assigns to
the Buyer the material support of the work and his rights of representation on the work. Seller
however, retains the moral rights to the work sold as well as the rights related to its reproduction.
10 – GDPR AND DATA PROTECTION
The General Data Protection Regulation (GDPR), which entered into force on May 25, 2018, aims to protect the fundamental right to privacy and the protection of personal data of citizens of the European Union (EU).
WIX may store visitor data in a number of places.
Your Site visitors' personal information may be stored in data centers located in the United States of America, Ireland, South Korea, Taiwan and Israel. WIX uses other jurisdictions if necessary for the proper provision of the Services and/or if required by law.
WIX is a global company that abides by the laws of the jurisdictions in which it operates. The processing of Customer User Data may take place in the territory of the European Union, Israel or a third country, a territory or one or more sectors specified in this third country, of which the European Commission has decided that it provides an adequate level of protection (transfer based on an adequacy decision).
Certifications obtained by WIX:
WIX is PCI DSS (Payment Card Industry) compliant, and is Level 1 accredited in merchant and vendor service.
WIX has been audited and certified to the ISO 27001 standard. The ISO 27001 certification outlines industry best practices for managing security risks.
WIX has been audited and certified as compliant with the ISO 27018 standard. The ISO 27018 certification outlines industry best practices for handling personally identifiable information (PII) in a cloud computing environment.
Wix uses TLS (Transport Layer Security) encryption to help protect your online financial transactions.
"CLAIREBMASIMBERT.COM" collects and stores the personal data of the Buyer and the
Seller for the proper execution of the present. Pursuant to Law No. 78-17 of January 6, 1978
relating to data processing, files and individual freedoms, the Buyer has a right of access,
modification, rectification and deletion of personal data concerning him
processed via the Site during the order, as well as the right to oppose the communication of these
data to third parties for legitimate reasons by sending a request to the following address:
claire.bmasimbert@orange.fr
The personal data communicated by the Purchaser will be destroyed no later than six
months after the deletion of the Buyer account.
"CLAIREBMASIMBERT.COM" reserves the right to retain certain data in order to justify, if
where applicable, the perfect performance of its contractual or legal obligations. The data as well
kept will be limited to what is strictly necessary for the operation of the service.
"CLAIREBMASIMBERT.COM" undertakes to put all the measures in place to best
protect the confidentiality of information provided by Buyer and Seller.
11 – APPLICABLE LAW
These general conditions of sale are governed by French law.
12 – MEDIATION In the event of a dispute, the Buyer has a right of recourse to a mediator of the
consumption with a view to the amicable resolution of any dispute relating to the execution of these
CGV, as provided for in articles L.611-1 and following as well as R.612-1 and following of the Code of
Consumption. The User will find the list of mediators on the government website dedicated to this
effect: http://www.mediateurfevad.fr/.
13 – JURISDICTION Any dispute relating to the validity, interpretation or execution of the
these General Conditions of Sale must be brought before the courts of Montpellier