Legal Notice

ARTICLE 1 – DEFINITIONS

Customer

A non-professional buyer who buys Products from the Seller.

Non-professional Buyer means on the one hand the consumer, namely, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and on the other hand, the non-professional, namely any legal person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

Seller

Sales professional who offers Customers Products for sale.

In the context of these general conditions of sale, the Seller designates the micro-enterprise ROUGH ILLUSTRATION registered with the CMA of TOULOUSE under the number 885 113 209 RM 31 on August 10, 2020 and domiciled -67 CHEMIN PUJIBET, Appartement C13 - 31200 TOULOUSE

Order

Document used by the Customer to proceed with the purchase of Products.

It specifies in particular the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the terms of delivery of the Products, the date or the delivery times of the Products.

The Seller has 72 hours to accept the Order and return the order confirmation to the Customer.

Products

All the Products offered for sale by the Seller appearing in the Seller's catalogs.
These catalogs describe the Products, present their characteristics and determine the corresponding prices.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER

The Customer acknowledges having had communication, prior to any purchase of a Product, in a readable and understandable manner, of these General Conditions of Sale and of all legal information, in particular information relating to:

• The essential characteristics of the Products,

• The price of the Products and related costs,

• The date or the deadline by which the Seller undertakes to deliver the Product,

• Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context,

• The Seller's corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address,

• The terms of payment, delivery and performance of the Products, as well as the terms provided by the Seller for the processing of complaints,

• Information relating to legal and contractual guarantees and their methods of implementation,

• The possibility of resorting to conventional mediation in the event of a dispute under the conditions provided for by the Consumer Code.

ARTICLE 3 – PURPOSE

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Seller supplies the Products to the Customer. They apply, without restriction or reservation, to all purchases of Products made by the Customer.

The provisions of Article L 212-1 of the Consumer Code are recalled, which provides:

“In contracts concluded between professionals and consumers, unfair terms are those whose purpose or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.

The unfairness of a clause is assessed by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed with regard to those contained in another contract when the two contracts are legally linked in their conclusion or their execution.
The assessment of the unfairness of the clauses within the meaning of the first paragraph does not relate either to the definition of the main object of the contract, or to the adequacy of the price or the remuneration for the goods sold or the service offered insofar as the clauses be written in a clear and understandable manner. »

From their acceptance by the Customer, the General Conditions apply to all the Products purchased by the Customer, to the exclusion of any other document.

Consequently, these General Conditions replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements between the Seller and the Customer.

The Customer declares to have accepted these General Conditions in their entirety before any purchase of a Product.

It is recalled article L.114-1 of the Consumer Code according to which:

“The general conditions invoked by one party only have effect with regard to the other if they have been brought to the attention of the latter and if it has accepted them.

In the event of discrepancy between the general conditions invoked by one or the other of the parties, the incompatible clauses are without effect”.

These General Conditions of Sale have a duration of 10 years (TEN YEARS) from their acceptance by the Customer.

They may be subject to subsequent modifications, in particular to take account of legislative and regulatory changes, the version applicable to the purchase of Products by the Customer being that in force on the date of acceptance of the Order by the Seller in the conditions listed below.

ARTICLE 4 – PROCESS FOR PURCHASING PRODUCTS VIA ORDERS

The Customer purchases the Products by issuing Orders.

These orders are issued through the following website:

www.roughillustration.com

They will be sent by the Customer to the Seller as the Customer needs them.

The sales contract will only be considered final after acceptance of the Order by the Seller and return of a copy of the Order to the Customer and after receipt by the Seller of the full price of the Products.

The General Conditions of Sale and the Orders form an indivisible whole.

In any case, the General Conditions of Sale cannot constitute an order or place the Customer under an obligation to order Products.

ARTICLE 5 – PRICE OF PRODUCTS

The Seller undertakes to comply with all applicable regulations with regard to consumers and commercial practices.

The prices are expressed on the product sheets in Euros and including tax, and in the purchase tunnel and the invoice in Euros, excluding tax and including tax

These prices are firm and not subject to revision during their period of validity, as indicated in the Product catalogue.

ARTICLE 6 – CONDITIONS OF PAYMENT FOR PRODUCTS

The Products are payable in cash when the actual Order is placed.

Payment for purchases is made by means of a credit card or via a Paypal account.

The payment cards accepted are: CB, VISA, MASTERCARD and AMERICAN EXPRESS.

Payments can also be handled by PayPal.

The Seller will not be required to deliver the products ordered by the Customer if the price has not been paid to him in full beforehand.

No discount will be applied by the Seller for payment before shipment of the ordered products.

In the event of non-payment by the Customer of all or part of the price of the Order, the Seller reserves, until full payment, a right of ownership over the products sold, allowing it to regain possession of the said products.

ARTICLE 7 – DELIVERY OF PRODUCTS

The Seller undertakes that the Products delivered comply in all respects with the Order, with the rules of the art, with legal and regulatory obligations and with the French and European standards in force.

In addition, the Seller is liable for any lack of conformity existing when the Product is delivered.

The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery upon sending of proof.

The packaging, loading and wedging for the transport of the Products as well as the unloading at the place of delivery, other than that defined by the Seller, will be carried out by the Customer at his expense and under his responsibility.

The Seller is also liable for any lack of conformity resulting from the packaging or printing of the products.

The Seller will send the Products to the Customer according to the terms defined in the corresponding Orders and on the date or within the time limit indicated in the said Orders.

In the event of non-compliance of the Products with the rules of the art or with the Order, the Customer may ask the Seller, by e-mail, to proceed with a new delivery of the Products in accordance with the provisions appearing in the Order within a reasonable time.

ARTICLE 8 – LEGAL GUARANTEES ON PRODUCTS

The Customer acknowledges having been informed, even before the issuance of any Order and declares to be fully aware of the legal guarantees, from which he benefits by right and without additional payment on the Products, namely:

• The legal guarantee of conformity provided for by the Consumer Code for Products that appear to be defective, spoiled or damaged or that do not correspond to the Order and making it possible to obtain, within two years of the delivery of the Product, free of charge, the repair or Product replacement.

• The legal guarantee against hidden defects provided for by the Civil Code, resulting from a defect in material, design or manufacture affecting the Product delivered and rendering it unfit for use, under which the Customer may request, within a two years from the discovery of the defect, the total or partial reimbursement of the Product which has proved unsuitable for its use.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the time limits referred to above and return the defective Products in the state in which they were received with all elements, including packaging and instructions.

The Seller will refund or replace the Products or parts under warranty deemed non-compliant or defective. In case of sending, the shipping costs will not be reimbursed, but the return costs will be reimbursed on presentation of receipts.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller's finding of the lack of conformity or the hidden defect.

The Seller's liability cannot be engaged in the event of misuse of the Product, maintenance not in accordance with the label communicated by the Seller where applicable, use for professional purposes, or negligence on the part of the Customer, such as in the event of normal wear and tear of the Product or breakage in the event of an accident.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or affected by a defect resulting from the production of the Products.

Any request relating to the Products must be made to the address given in article 13 (Election of domicile).

ARTICLE 9 – CUSTOMIZABLE PRODUCTS

The Seller provides the Customer with a service of customizable Products.

Through this service, the Customer has the possibility of personalizing the Product of his choice with the motif or text of his choice.

The Customer sends the Seller a personal motif and/or text, and assures the Seller that the motif and/or the text are free from infringement of the rights of third parties, in particular intellectual property rights, whatever they may be, as well as as personality rights or name rights.

In the event that the Customer transmits to the Seller a pattern and/or a text infringing the rights of third parties, whatever they may be, the responsibility will rest entirely with the Customer.

The customer shall exempt the Seller from any claim and from any right invoked due to infringement of the rights of third parties.

In the event that legal or extra-judicial action is taken against the Seller due to the infringement of the rights of third parties through a Customizable Product ordered by a Customer, the Customer shall guarantee the Seller in full of any condemnation which could intervene against him in this sense.

It is expressly agreed that customizable Products cannot be subject to the right of withdrawal provided for in Article 13 of these general conditions of sale.

Thus, article L.121-21-8 of the Consumer Code provides:

“The right of withdrawal cannot be exercised for contracts (…) for the supply of goods made to the consumer's specifications or clearly personalized”.

ARTICLE 10 – INTELLECTUAL PROPERTY AND INFRINGEMENT WARRANTY

The Seller obtains all intellectual property rights and all necessary authorizations relating to the Products and the associated documentation and guarantees that the Products and the associated documentation do not constitute an infringement of the intellectual property rights or any other rights belonging to a third party. .

The sale of the Products does not confer any right on the Customer to the trademarks or distinctive signs affixed by the Seller to the Products and the associated documentation.

In addition, the Seller remains the owner of all intellectual property rights, in particular, to the photographs, presentations, studies, drawings, models, prototypes produced in the context of the supply of the Products.

Consequently, the Customer is prohibited from any reproduction or use, in particular, of the said serigraphs, studies, drawings, models and prototypes, without the express, written and prior authorization of the Seller.

ARTICLE 11 – RIGHT OF WITHDRAWAL

The Customer has a period of 7 (SEVEN) days to exercise his right of withdrawal and request a return for the Product(s) he has ordered.

The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in the absence of the latter, from the date of first presentation of the package containing the Products.

The Customer then has a period of 16 (SIXTEEN) days to return his package, by post, by carrier or at a Collection Point to the following address indicated in article 15 of these general conditions of sale.

Returns are free for the Customer, provided they return the delivery slip issued by the latter's Customer Service to the Seller.

Any return made by the Customer without using the delivery note issued by the Seller will be entirely at his expense.

The product(s) must be returned in perfect condition for resale and accompanied by the invoice.

In the event of deterioration of the product, the Seller may refuse the return, replacement or refund.

Any refund is excluded in the event that the product was returned damaged, already worn, or already washed.

As recalled in article 9 of these general conditions of sale, customizable Products are expressly excluded from the right of withdrawal, under article L.121-21-8 of the Consumer Code.

ARTICLE 12 – APPLICABLE LAW

The contractual relations between the Customer and the Seller are governed by French law.

Any difficulty arising from the execution, interpretation or termination of these General Conditions of Sale and the Orders arising therefrom, or more generally from the commercial relationship between the Seller and the Customer, not resolved amicably, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Consumer Mediation Evaluation and Control Commission, under the conditions provided for in the Consumer Code.

ARTICLE 13 – ELECTION OF DOMICILE

For the purposes hereof, the Seller elects domicile at the following address:

Loic DEROCHE

APARTMENT C13 - 67B Chemin Pujibet

31200 TOULOUSE

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