Legal notice

The website amandine-tahitiart.com as well as the online store are owned by the company Amandine Herbeth Art, whose head office is located at BP 40364, 98713 Papeete, Tahiti, French Polynesia (tel: +689 87 27 40 49).

Registered Tahiti ITI: 985325 – 001

Site Editor: Amandine Herbeth, Host: OVH, Webmaster: Amandine Herbeth

Important: The images, photos, logos, texts on this site, as well as amandine Herbeth’s creations are owned by the company Amandine Herbeth and are not free of rights. If you would like to use these items, please contact us to ask for permission.

General conditions of sale

Amandine Herbeth Art specializes in selling art products through its online store www.amandine-tahitiart.com

The consumer acknowledges that he is fully informed that his agreement regarding the content of these terms and conditions does not require the handwritten signature of this document, as the customer wishes to order the products online. presented as part of the website shop. The consumer has the power to print these terms and conditions, as it is specified that the printing and preservation of this document is his sole responsibility.

Article 1: Application of terms and conditions of sale – Opposability

These terms and conditions of sale (CGV) form the basis of commercial negotiation and are made available to each buyer to allow them to place an order.

They prevail over any other document unless the seller accepts it formally and in writing. Any condition to the contrary opposed by the buyer will, therefore, in the absence of express acceptance, be inopposable to the seller, regardless of when it may have been brought to its attention.

The fact that the seller does not avail himself at any given time of any of these terms and conditions of sale cannot be construed as a waiver to avail itself of any of those terms at a later date.

Article 2: Subject

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by Amandine Herbeth Art to the consumer.

In this text, Amandine Herbeth Art is represented by the term: seller

The customer is represented by the terms: buyer, consumer

Article 3: Contract documents

This contract is made up of the following contractual documents, presented in descending hierarchical order: these terms and conditions, the purchase order. In the event of a contradiction between the provisions contained in the documents of different rank, the provisions of the higher-ranking document will prevail.

Article 4: Entry into force – duration

These terms and conditions come into effect on the date the purchase order is electronically signed. These terms and conditions are concluded for the duration necessary to provide the goods and services underwritten, until the guarantees due by the company Amandine Herbeth Art are extinguished.

Article 5: Electronic Signature

The « click » of the consumer in respect of the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6: Orders

To be valid, the order must specify, among other things, the quantity, type, references of the products sold as well as the agreed price, the method of payment and the place and type of delivery or removal.

Unless there is a specific agreement, the confirmation of the order results in the buyer accepting the terms of the seller’s sale, the recognition of having full knowledge of it and the renunciation to avail itself of its own terms of purchase.

In case of shortage, the seller will respond to orders according to their order of arrival and to the extent of his availability.

The profit of the order is personal to the buyer and cannot be transferred without the seller’s consent.

Article 7: Order Confirmation

Contractual information will be confirmed by email no later than the time of order.

Article 8: Proof of transaction

The computerized records, stored in the computer systems of the company Amandine Herbeth Art under reasonable security conditions, will be considered as evidence of communications, orders and payments made between The parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 9: Billing

An invoice is drawn up for each delivery and issued at the time of delivery.

Article 10: Product Information

The company Amandine Herbeth Art presents on its website the products on sale with their essential characteristics, in accordance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before final ordering the essential features of the products he wants to buy

Offers submitted by Amandine Herbeth Art are only valid within the limits of available stocks.

Article 11: Price

The products are supplied at the prices in effect at the time of the placing of the order expressed in euros. Prices are expressed tax-free (HT), VAT not applicable.

Outside French Polynesia, the buyer is the importer of the product ordered and delivered to his country. He must inquire about the regulations of his country and pay any fees and fees for the delivery of the product.

Unless there is a specific agreement, the prices of the products are net, transport not included, excluding taxes on the basis of the tariffs communicated to the buyer. Unless there is a specific agreement, the prices in the order are only valid for a maximum of 3 months.

Article 12: Payment method

To pay for their order, the consumer has all the payment methods provided on the Amandine Herbeth Art website.

The buyer assures the company Amandine Herbeth Art that he has the necessary authorizations to use the payment method chosen by him, when validating the order. Amandine Herbeth Art reserves the right to suspend all order management and delivery in the event of refusal of authorization to pay by credit card by officially accredited bodies, in case of unpaid or in case of non-payment. payment.

In the event of a late payment, the seller will be able to suspend all current orders, without prejudice to any other course of action.

In particular, Amandine Herbeth Art reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid a previous order in full or partially or with whom a payment dispute would be in the process of being administered.

Article 13: Product Availability

The order will be processed no later than 3 days from the day after the consumer has paid for the order. In the event of the product being unavailable, in particular due to the suppliers of the company Amandine Herbeth Art, the consumer will be informed as soon as possible and will have the opportunity to cancel his order. The consumer will then have the option of requesting a refund of the sums paid within 30 days at the latest of their payment.

Article 14: Delivery Terms

The products are delivered to the address indicated on the order, depending on the mode of transport chosen by the buyer at the time of the order.

14.1 Terms

Delivery is made in accordance with the order either by the direct delivery of the product to the purchaser or by delivery by a carrier.

14.2 Delays

Deliveries are only made according to availability and order of arrival of orders. The seller is authorized to make deliveries in a comprehensive or partial manner.

Delivery times are as accurateas possible but are based on the seller’s supply and transportation options.

Exceeding delivery times may not result in damages, withholding or cancellation of outstanding orders.

In any case, deliveries will be suspended in case of force majeure. These are considered cases of force majeure absolving the seller of his obligation to deliver: war, riot, cyclones, fire, strikes, accidents, impossibility for himself to be supplied. The seller will keep the buyer informed, in due course, of the above listed cases and events.

In any event, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause.

14.3 Risks

The products travel at the peril of the recipient.

When receiving the package delivered, it will have to be opened in front of the postal service employee to see the good condition of the product ordered. In the event of an anomaly, a receipt for the postal services present on the parcel will have to be filled out.

Any anomaly concerning the delivery (damage, product missing compared to the delivery order, damaged parcel, broken… products) will have to be imperatively indicated on delivery in the form of « handwritten reserves », accompanied by the signature of the client. At the same time, the consumer will have to confirm this anomaly by sending a recommended letter with acknowledgement exposing those claims to the carrier within three (3) business days following the delivery date. Consumers will have to send a copy of this mail, either by email or by simple mail to:

contact in la-vie-de-mes-reves.com

or

Amandine Herbeth Art

BP 40364

98713 Papeete

Polynesia

Article 15: Order change

Any change or order resolution requested by the buyer can only be considered if it has arrived in writing before shipping the products.

After 10 days after the order has been confirmed, the seller reserves the right to make any changes he deems useful to his products at any time and to modify without prior notice the models defined in his prospectuses or catalogues.

Article 16: Returns

16.1 Terms

Any return of product must be the subject of a formal agreement between the seller and the purchaser. Any proceeds returned without this agreement would be made available to the purchaser and would not result in the establishment of an asset. The costs and risks of return are always the responsibility of the purchaser.

No returnwill will be accepted after 30 days after the delivery date.

16.2 Consequences

Any takeover accepted by the seller will result in the establishment of an assets for the benefit of the purchaser, after qualitative and quantitative verification of the returned products; returns that do not comply with the above procedure will be punished by the loss to the purchaser of the down payments he has made.

In the event of an apparent defect or non-compliance of the delivered products, duly found by the seller under the above conditions, the buyer will be able to obtain the free replacement, or refund of the products at the seller’s choice, excluding any compensation or damages.

Article 17: Right of withdrawal

The consumer has a period of 10 working days to return, at its own expense, the products not agreeing to him. This period runs from the day the consumer’s order is delivered. If this period expires on a Saturday, Sunday or a public holiday or unemployed, it is extended until the next working day. Any return must be reported in advance to the customer service of the company Amandine Herbeth Art. The product should be returned as recommended at the following address:

Amandine Herbeth Art

BP 40364

98713 Papeete French Polynesia

 Only the products returned as a whole, in their original packaging complete and intact, and in perfect resale condition, will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.

This right of withdrawal is exercised without penalty, with the exception of return fees. In the event of the exercise of the right of withdrawal, the consumer has the choice to ask either the refunding of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the consumer’s expense.

In the event of the exercise of the right of withdrawal, the company Amandine Herbeth Art will make every effort to reimburse the consumer within 30 days.

The consumer will then be reimbursed by recredit of his bank account (transfer) in case of payment by bank card, bank transfer or cheque.

Article 18: Force majeure

Neither party will have failed in its contractual obligations, as their execution will be delayed, hindered or prevented by a fortuitous case or force majeure. Any irresistible facts or circumstances, outside the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the parties, despite all efforts will be considered as fortuitous or force majeure. reasonably possible.

The party affected by such circumstances will notify the other within ten business days of the date on which it becomes aware of it. The two parties then, closer in a period of a month, except impossibility due to the force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure case lasts more than three months, these terms and conditions may be terminated by the aggrieved party. Expressly, are considered cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of french courts and courts: the blocking of means of transport or supply, earthquakes, cyclone , fires, storms, floods, lightning; stopping telecommunications networks or difficulties specific to telecommunications networks outside customers.

Article 19: Not partial validation

If one or more stipulations of these terms and conditions are held to be invalid or declared in valid under a law, regulation or following a final decision of a competent court, the other stipulations will retain all their strength and reach.

Article 20: Not renunciation

The fact that one party does not avail itself of a breach by the other party of any of the obligations covered by these terms and conditions cannot be construed in the future as a waiver of the obligation at issue.

Article 21: title

If there is difficulty in interpreting any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22: Applicable law

These terms and conditions are subject to French law, amended if necessary by the specific provisions of French Polynesia. This is the case for the rules of funds as well as for the rules of form. In the event of a dispute or complaint, the consumer will first contact HINANUI for an amicable solution.

Secondly, and in the event of an appeal, any challenges or applications will fall within the exclusive jurisdiction of the Papeete court.

In the event of a difference in interpretation, the French version of these terms and conditions of sale will prevail over versions written in other languages.

Article 23: Guarantee

23.1 Extended

Products are guaranteed against any defect of material or manufacture for a period of three (3) months from the date of delivery. Interventions under the guarantee cannot have the effect of prolonging the duration of the guarantee.

Under this guarantee, the seller’s sole obligation will be, at his choice, the free replacement or repair of the product or item found to be defective by his services unless this method of compensation proves impossible or disproportionate. To benefit from the guarantee, any product must, beforehand, be submitted to the seller’s after-sales service, whose agreement is essential for any replacement. The potential cost of shipping is the responsibility of the buyer who will not be able to claim any compensation in the event of the asset being fixed as a result of the application of the guarantee.

23.2 Exclusions

The warranty does not play for apparent defects.

Also excluded are defects and deteriorations caused by natural wear or an external accident (fall of the object, shock with another object, outdoor exposure, climatic conditions, ambient temperature, termites), or by a modification of the product not intended or specified by the seller.

Article 24: Risks

The buyer bears the risks, as soon as the seller’s warehouses are shipped.

In particular, the result is that the goods travel at the risk of the buyer to whom it belongs in the event of damage, loss or missing, to make any reservations or to exercise any recourse with the responsible carriers.

Article 25: Computer Science and Freedoms

The information requested from the consumer is necessary for the processing of his order and can be communicated to the contractual partners of the company Amandine Herbeth Art intervening in the execution of this order. The consumer may write to the company Amandine Herbeth Art, to oppose such communication, or to exercise his rights of access, correction with respect to the information concerning him and contained in the files of the company Amandine Herbeth Art, under the conditions of the law of January 6, 1978.