GENERAL CONDITIONS OF SALE
The Seller 1PaintMe - UNiTUNE CONCEPT LTD has the business of selling products under the brand 1PaintMe on the site www.1PaintMe.com.
These conditions relate to all users, corporal or legal persons using the site www.1PaintMe.com.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
The General Conditions of sale were updated on February 24 2011. This edition cancels and replaces former versions.
ARTICLE 1 – DEFINITIONS
1.1 – User designates any user who surfs, becomes aware of, reserves, orders and/or buys a product offered on the site.
1.2 – Product designates any product offered on the site.
1.3 – Site designates the infrastructure developed by the Seller according to IT formats usable on the Internet including data of various kinds, and in particular of texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the User in order to know his products.
1.4 – Internet designates various networks of servers located in various places throughout the world, connected to each other using communication networks, and communicating using a known specific protocol under the name of TCP/IP.
ARTICLE 2 – ORDERS
The site www.1PaintMe.com offers directly on line the purchase of 'customized portraits' packed and delivered in adequate packaging.
The User has the possibility of placing his order online from the online catalogue on this Web site.
The order can be recorded on the site only if the User has clearly identified himself (with his customer code and his password, which are strictly personal to him).
Any order means acceptance of the prices and the description of products made available for sale.
Any dispute on this point will occur within the framework of a potential exchange and of the guarantees mentioned below.
The Seller undertakes to deliver the orders received on the Internet site.
For the follow-up of the pending order, the User may consult the order follow-up online.
ARTICLE 3 – VALIDITY OF THE ORDER
Any User of the site who does not hold a customer number will have to follow a registration procedure allowing him to obtain his customer number.
This number is personal. Any loss or lapse of memory will have to be notified to the Seller's services within a short period of time by contacting the Seller customer services, by filling in the prescribed form on the site.
In all cases, the supply online of the bank card number and the final confirmation of the order will act as proof of the whole of the aforementioned order in accordance with the provisions of the law of March 13 2000 and will act as proof of liability for the amounts entered into through the order.
This confirmation acts as signature and express acceptance for all transactions made on the site.
However, in the event of fraudulent use of his bank card, the customer is invited, as of the report of this use, to contact Seller customer services by way of the contact form reproduced on the site.
The IT registers, preserved in the Seller's IT systems under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments occurring between the parties. It is expressly agreed that, save for a glaring error on the part of the Seller, the data preserved in the information system of the Seller have probative force as for orders placed by the User. The data on an IT or electronic support constitutes valid evidence and as such, is admissible under the same conditions and with the same probative force as any document which would have been drawn up, received or preserved in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil code.
ARTICLE 4 – DELIVERY
The User has the choice to take delivery, either at home, or at another address.
Under no circumstances may 1PaintMe - UNiTUNE CONCEPT LTD be held liable for an entry error on the part of the customer, for any unspecified inaccuracy appearing in the address noted by the customer, or of the consequences which may arise from these errors.
In addition, 1PaintMe asks its customers to kindly agree to sending all the information necessary for a successful delivery. Any forwarding ascribable to an error by the customer will be at the cost of the latter.
Transport is done at the risk and peril of the customer, it is therefore up to the customer to check the compliance and state of the parcels from their time of arrival in the presence of the carrier. Any reservation must be made in writing at the time of receipt of the parcels on the carrier's receipt and confirmed to the latter by registered letter within 3 days. A copy of these reservations must be sent by fax to 1PaintMe - UNiTUNE CONCEPT LTD. For items delivered that are defective, the User has the benefit of a guarantee allowing him to return them in accordance with articles L 211-4 and following of the Consumer Code.
The delivery time depends on the service you choose (you'll be able to choose the service just before the payment, after your upload your pictures and write your delivery address). The express service delivery time will be on or before 4 weeks and the standard service delivery time will be on or before 6 weeks. The delivery time doesn't include non-working days such as Saturday, Sunday and all national festivals. Every modification requested by the customer will add 48 hours to the delivery time for both express and standard service delivery. For orders shipped to Brazil, 7 days must be added to the total delivery time.
ARTICLE 5 – TERMS OF PAYMENT
The prices are understood as not including carriage costs, according to the amount applicable.
Delivery costs are invoiced as additional to the paintings ordered.
The prices may not be modified once the customer has placed the order. In the same way, if one or more taxes or contributions, in particular environmental were to be suddenly created or modified, by an increase or a drop, this change can only be recovered on the selling price of the articles present on the Seller's site and the sales documents. The prices of the articles ordered on the site and the date of the order in question constitute proof.
The User has only the choice of paying for his purchases by bank card through Paypal in accordance with a fully secured payment system which guarantees encryption of bank details.
An invoice is drawn-up for each delivery, and is immediately available for consultation and printing on the www.1PaintMe.com Internet site on the customers' secured account (heading "My Account"). The customer can obtain a copy of his invoice on request (Telephone, fax, mail or e-mail).
The buyer must pay any taxes, customs duties or VAT that their local authorities may request upon delivery. You are solely responsible for the payment of these taxes and duties.
ARTICLE 6 – GUARANTEES – LIABILITY
1PaintMe guarantees that its 'customized paintings' have been the subject of all the care and attention necessary in order to ensure their compliance with the description which is reproduced on the site at the date of the order as well as their compliance with the legislation in force.
No other express or implied warranty is granted. In particular, the customer is only liable for the choice of the options selected and the quality of the photographs sent. The paintnigs are made by hand by specialist and quality artists. By ordering on the site, you implicitly accept the resulting effect that the painting will produce. According to the terms of article L.121-20-2, 3° of the Consumer Code, the personalization of the object is construed as the supply of goods carried out according to the consumer's requirements and clearly personalized. Any request for withdrawal or refunding for reasons of non-resemblance will be refused.
The Seller has for all the ordering stages as well as the later stages pursuant to the contract signature an obligation of due care.
In all cases, 1PaintMe - UNiTUNE CONCEPT LTD is not to be held liable in the event that non-execution of its obligations ascribable either to the unforeseeable and insurmountable deed of a third-party to the contract or in the event of an Act of God as defined by jurisprudence.
Similarly, 1PaintMe - UNiTUNE CONCEPT LTD is not to be held liable for any risks or damage inherent through the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of IT viruses.
Under no circumstances, can 1PaintMe - UNiTUNE CONCEPT LTD be held liable for the non-observance of the legislative or regulatory provisions in force in the countries of delivery.
ARTICLE 7 – CONFIDENTIALITY
The Seller implements every means to ensure the confidentiality and security of the data transmitted on the Web. For this reason, the Internet site uses a secured module for payment SSL (Secure Socket Layer).
ARTICLE 8 – PERSONAL DATA
1PaintMe is committed to storing in a strictly confidential manner all information sent by its customers, save for agreement by the latter.
In accordance with the modified law of January 6, 1978, the User has a right to access, oppose, and correct data relating to him, either directly on the Internet, or by mail in writing to the Seller.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the elements on the Sellers' site, whether visual or audible, including the subjacent technology, are protected by the laws governing royalties, brands or patents. They are the exclusive property of the Seller.
The User who has an Internet site on a purely personal basis and who wishes to place, for personal use, on his site a single link directly pointing to the site of the Seller, must obligatorily ask the Seller for written and prior authorization.
In all cases, any unauthorized link, will have to be withdrawn on demand by the Seller.
Internet site http://www.1PaintMe.com was conceived by 1PaintMe - UNiTUNE CONCEPT LTD who is the owner and holder of all related rights. It is therefore formally prohibited to copy or download all or part of the site or its contents except by express authorization of 1PaintMe – UNiTUNE CONCEPT LTD. Non-observance of this prohibition constitutes a breach which may lead to civil and criminal liability for the counterfeiter.
The photographs illustrating, with the supporting text, the products on sale, do not enter the contractual domain. 1PaintMe will not be liable under any circumstances should errors have been introduced.
1PaintMe and UNiTUNE CONCEPT LTD will take the right if necessary to use your pictures next to the paintings under the 1PaintMe.com logo created in the Unitune Concept Limited workshops for advertisement and marketing efforts inside forums, blogs and newspapers read by online and offline public audience all over the world excluding pictures of portraits made inside the XXX Adult section.
ARTICLE 10 – DURATION
The present conditions apply throughout the period of putting online the services offered by the Seller.
ARTICLE 11 – GENERAL PROVISIONS
11.1 – Entirety of the contract
The parties recognize that this contract constitutes the entirety of the agreement concluded between them and replaces any offer, provision or former agreement, written or verbal.
11.2 – Modification of the contract
No subsequent document, no modification of the contract whatsoever its form will be of any effect between the parties without taking the form of an amendment duly dated and signed by them.
11.3 – Nullity
If any stipulation of this contract proves to be invalid taking into consideration a legal provision in force or a judicial decision becoming definitive, it will then be deemed as not written, without implying the nullity of the contract or altering the validity of its other provisions.
11.4 – Renunciation
The fact that one or the other of the parties does not assert the application of any given clause of the contract or agrees to its non-execution, be it permanently or temporarily, may not be interpreted as a renunciation by this party of the rights which arise to it from the aforementioned clause.
11.5 – Domicile
The parties elect residence at the addresses designated on the purchase order for the User and at the address reproduced on the site for the Seller.
11.6 – Applicable law and disagreements
The present conditions are subject to Hong Kong law.
In the event of litigation, the court of competent jurisdiction will be that of the place of residence of the defendant or, at the choice of the defendant, the place of effective delivery of the product.