Preamble

The following Terms and Conditions of Sale (TCS) define the rights and obligations of the parties in the context of online sale of the products available on the website https://delphinedion.com. Every order passed through this website imply an unconditional acceptance by the client of the following GSC. The client must acknowledge having read the following GSC before ordering.

Before any transaction, the client must state that, on one side, the purchase of products on the website have nothing to do with his/her professional activity and that it is for a strictly personnal use, and, on the other side, that he/she has the full legal qualification to commit the following TCS. The seller keeps the possibility to modify the TCS at any time, in order to respect any new laws or to improve the use of this website. Hence, the applicable conditions will be the current ones at the time of the order by the client.

Products and services sold

Available products are those which appear on the online shop of the website, within the limits of available stocks :

– original artworks,

– art prints,

– diverse by-products (stationary, clothing, digital products, etc),

– custom orders of original artworks.

The seller reserves the right to change at any time the products range. Each product is listed on the website accompanied by details of its main characteritics. This applies to products sold in the online shop, and not to commissioned original artworks. In this case, the characteristics depend on the client’s request. However, the general characteristics of custom orders are described on the website in the “Commission” section and are specified individually by email during the customer’s contact with the seller.

The products photographs are as accurate as possible but are in no way binding on the seller. The colors appearing on the photographs depend on the colorimetric calibration of the customer’s electronic device.

The sale of the products displayed on the website is intended for all buyers residing in countries which fully authorize the entry of these products into their territory.

Prices

The prices appearing on the listed products0 of the online shop are in Euros (€), in American dollars ($) (at the buyer’s choice) …, all tax included. However, payment is in all cases in Euros, according to the current exchange rate at the time of purchase.

The seller reserves its right to modify the prices at any time, it being understood, however, that the price appearing on the website on the day of the order will be the only one applicable to the buyer.

The prices indicated do not include delivery costs, invoiced additionally at the buyer’s expense and calculated according to the products purchased and the country of destination. They are indicated before payment of the order by the buyer. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the seller. They will be the responsibility of the buyer and are his/her responsibility (declarations, payment to the competent authorities, etc.). As such, the seller invites the buyer to find out about these aspects from the corresponding local authorities.

Prices for custom orders are variable and depend on the complexity of the order. The seller may possibly request an amendment to the contract with additional costs if the customer requires additional elements or work to what was agreed in the original contract. The prices of custom orders are explained in the section “Rates and steps of a commission“.

Products availability

The available products appear on the site with the mention “In stock”. The products are either unique or produced in small quantities. They are therefore not necessarily renewed after stock depletion.

If the customer purchases a product that is unavailable after the validation of his/her order, he/she will be informed as soon as possible. The seller will then cancel the purchase and the amount refunded if already debited.

Order

When ordering, the customer agrees to provide the necessary information and agrees on the veracity of the latter : name, first name, billing address, delivery address, e-mail address.

Available products in the online store

The customer can order the availbale products directly through the website or via email by contacting the seller at hello[a]delphinedion.com or even via social medias by contacting the seller directly by direct message.

To order on the site, the customer must choose the products and add them to their cart and confirm the contents. He/She can log in if he/she already has an account or create one otherwise. The customer must indicate the country of delivery in order to see the shipping costs.

The acceptance of these TCS is requested before the confirmation of the order.

The buyer receives a confirmation email of his/her order on the email address provided when creating his account.

The transfer of ownership of the product will only take place upon full payment of the order.

Invitations of products and shop reviews

An invitation to review products and the shop will be sent after each order placed on the online shop, via the plugin Customers Review for Woocommerce. The invitation is sent on the email address indicated when the order is placed, a few days after the order. Each review, bad or good, will be display on the website. 

Commission of a custom order

The customer can place an order by contacting the seller via the contact form, or directly by email to hello[a]delphinedion.com, or even via social medias by sending a direct message.

He/she must explain to the seller what he/she wants for his/her custom order, as explained in the “Commission” section.. The seller reserves the right to refuse an order if it does not respect its ethical values or the law concerning copyright, or for any other reason that will be exposed to the customer.

The validation of a custom order is effective only after receipt by the seller of part or full payment.

Preparation and completion delays

Orders are processed as soon as possible upon receipt of payment. Orders for items in stock will be prepared and shipped within 7 working days at the latest. Custom orders require a minimum of 2 weeks to complete, but it depends on the complexity of the order and the seller’s availability. The seller undertakes to do his best to achieve a custom order as soon as possible, but cannot guarantee receipt of the artwork on the date indicated by the customer if he/she has validated the order less than a month before the deadline.

Shipping

Deliveries are made to the delivery address indicated by the customer when ordering, which can only be in the agreed geographical area. Deliveries are possible worldwide.

All orders are shipped by the French post. The type of delivery depends on the products ordered. The original artworks and custom orders are shipped by registered mail delivered against signature. The other products, produced in small quantity, are shipped by tracked mail. Tracking numbers will be provided by the seller to the customer.

The delivery times do not take into account the completion times. Ils sont variables selon la zone géographique de destination :

  • Metropolitan France : 5 to 10 working days
  • French overseas departments and territories : from 10 to 20 working days.
  • Europe : from 10 to 20 working days
  • Rest of the world : from 20 to more than 30 working days, depending on the country of destination.

These deadlines are given for information only. They may change due to various factors such as the availability of the French post, the health situation or the mail processing by customs in the event of shipping outside mainland France and the European Union.

Seller is not responsible for these delays. The customer is invited to inform the seller of the good receipt or non-receipt of his order. The seller undertakes to contact the French post in the event of non-receipt. If they confirm the loss of the mail, the seller will refund or ship the order again (depending on available stocks and excluding original artworks and custom orders).

Transport risks are the responsibility of the buyer from the time the items are shipped. The buyer must check the packaging condition of the order and its contents upon delivery in the presence of the postman. In the event of any damage during shipping, any complaint must be made to the postal service within 3 days of receipt. The buyer can get help in English from the French post here : https://aide.laposte.fr/contenu/how-do-i-get-help-in-english

Terms of payments

Payments on the online shop can be made via PayPal or by credit card (via the provider Stripe). Custom orders can be paid through PayPal or bank transfer.

The entry page of banking informations is encrypted using SSL (Secure Socket Layer) technology. Banking informations cannot be intercepted and are not communicated to third parties other than payment providers (PayPal and Stripe). See the Privacy Policy for more information.

All orders placed on the website are shipped only after receipt of full payment. It is possible to pay for a custom order in two installments if the price is over €100. Again, the order will not be shipped until full payment has been received.

Right of cancellation

In accordance with the article L121-20 of the French Consumer Code, the buyer has a right of withdrawal to be exercised within 7 working days from receipt of the order. No justifications or penalty fee is required, except for the shipping costs for the return, which are the responsibility of the buyer. A cancellation of the order may be requested prior to shipment.

The right of withdrawal does not apply for custom orders : they cannot be refunded or exchanged. If the customer wishes to cancel a custom order in progress, no refund will be made. If he/she wishes to cancel a custom order once it has reached the painting stage, he/she agrees to pay the full amount agreed with the seller before validation, if he/she has only paid the advance payment.

Items that can not be returned (as downloadable digital products) are also excluded from the right of withdrawal and can not be refunded.

The products must be returned within 7 days after receipt of the order. Within the same period, the seller must be informed of this withdrawal by mail sent to the following mailing address : 2 passage Georges Cuvier – Appt 6 Bâtiment B – 31130 Balma – France, or by email at this address hello[a]delphinedion.com

The order must be returned to this address, the return costs being the responsibility of the buyer : 2 passage Georges Cuvier – Appt 6 Bâtiment B – 31130 Balma – France.

Returned items must be shipped in their original packaging and must be in perfect condition so that they can be marketed again.

Warranty and right to return the products

The customer has the legal guarantee of conformity and therefore an application of the article L211-4 of the French Consumer Code which provides that :

  • “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.”
  • “He is also responsible for any lack of conformity resulting of the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.”

The warranty is applicable to new products having a defective nature (lack of functionality, product unfit for the use indicated in the characteristics of the product, …) and this, even in the absence of contractual warranty.

In the event of a lack of conformity, the seller undertakes to replace the product.

In the event of a major defect, the seller undertakes to refund the full price paid or part of the price if the customer wishes to keep the product.

Repayment terms and delay

The refund of products is made by bank transfer or trhough PayPal, as soon as possible, within 30 days from the date of exercise of the right of withdrawal.

Claim

Any complaint should be mail to the seller at this address: 2 passage Georges Cuvier – Appt 6 Bâtiment B – 31130 Balma – France or sent by email to hello[a]delphinedion.com.

Intellectual property

All the elements of the website (illustrations, photographs, images, logos, texts …) are exclusively the intellectual property of the administrator of the website. Any reproduction, exploitation or use of these elements, even partially, is strictly prohibited.

Responsability

In accordance with the article 1147 of the French Civil Code, the seller engages its full contractual liability towards the customer in the event of non-performance or improper performance of the contract.

However, this liability is suspended in case of force majeure or a foreign event which cannot be attributed to the seller.

The images on the website have no contractual value. They cannot therefore engage the responsibility of the seller.

Personal data

The seller and administrator of the website undertakes to preserve the confidentiality of the informations provided by the customer, which he would have to transmit for the use of specific services.

Any information concerning the buyer is subject to the provisions of the French Data Protection Act n ° 78-17 of January 6, 1978. As such, he/she has the right to access, modify and delete any informations concerning him/her. He/she can request it at any time by sending an email to this address : hello[a]delphinedion.com.

By adhering to these T&Cs, the buyer consents that the website administrator needs to collect and use this datas to complete the contract. By entering his/her email address on the website, he/she also consents to receive emails containing informations and promotional offers related to the professional activity of the website administrator. The user can unsubscribe at any time by clicking on the link at the end of the emails.

To learn more about the protection and use of personal data and the rights concerning them, the customer is invited to read the website’s Privacy Policy.

Applicable law

In case of unresolved dispute between the customer and the seller, the applicable law is French law.

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