Terms and Conditions of Sale and RGPD
These General Terms and Conditions of Sale (hereinafter the “GTC”) apply exclusively between the artist Danielle Aspis (hereinafter “Danielle Aspis”) and any customer (hereinafter “Customer”) making a purchase via the website https://danielleaspis-artiste.com (hereinafter the “Site”). Danielle Aspis’ main activity is the creation of original numbered digital works printed in subligraphy or in Fine Art prints.
The GTC define the rights and obligations of the parties in the context of the sale of original works produced by Danielle Aspis and visible on the site. The GTC are the only ones applicable and replace all other conditions, unless Danielle Aspis expressly agrees otherwise in writing. At any time, Danielle Aspis reserves the right to adapt or modify certain points of the GTC, which will be immediately enforceable and applicable from the moment they are put online
Article 1 – Contract
The contract is deemed to have been concluded between the parties when Danielle Aspis accepts payment for an order.
By placing an order on the Site, the Customer confirms that he/she has read and accepted the version of the GTC in force on the day the order was placed.
By accepting the GTC, the Customer declares that he/she has the legal capacity to enter into a contract within the meaning of Articles 1123 et seq. of the French Civil Code.
Article 2 – Products
The products displayed on the Site are available for sale, subject to sufficient stocks as set out in Article 3.2 of the GTC.
Danielle Aspis provides the Customer, for information purposes, with pictures of the products offered for sale. The photos of the products are not contractual. The products are offered for sale for a specific period. Danielle Aspis reserves the right to modify the duration of the sale of the products offered without being held responsible.
If a product is no longer available on the Site, this means that all the planned editions have been sold. As the editions are in limited numbers, it is advisable to contact Danielle Aspis by e-mail (firstname.lastname@example.org), to ensure the availability or unavailability of the offer. Danielle Aspis will then reply by return e-mail as soon as possible.
Article 3 – Ordering procedures, availability and prices of products
Orders are placed exclusively on the Site. Any order accepted by Danielle Aspis will result in the sending to the Customer, to the email address provided by the latter when placing the order, of a purchase confirmation email summarising the products ordered and the delivery address. It is the Customer’s responsibility to ensure that the confirmation email sent by Danielle Aspis is not blocked by an email filtering device. Danielle Aspis cannot be held responsible for the blocking or deletion of the purchase confirmation email, whatever the device in question.
Only the purchase confirmation email guarantees the Customer the availability of the product ordered, subject to Article 3.2 above. Danielle Aspis reserves the right to cancel an order in the event that the Customer commits fraud with the means of payment or any other criminal offence, including after confirmation of the said order.
3.2 Product availability
As each order is subject to a specific production or delivery call by Danielle Aspis’ partner, Danielle Aspis may be confronted with the unavailability of a product, even after the order has been accepted. In this eventuality, Danielle Aspis will inform the Customer as soon as possible by email or telephone and will offer the Customer either to cancel the order or to select a similar product (same price) indicating the delivery time. If the Customer cancels his/her order and in accordance with Articles L216-6 and L216-7 of the French Consumer Code, Danielle Aspis will refund the amount paid by the Customer for the order within a maximum of fourteen (14) working days (excluding weekends and public holidays) from the Customer’s decision.
The prices displayed in euros on the Site are the prices including all taxes and take into account the VAT rate in force on the day of the order. These prices do not include delivery costs and are firm at the time the Customer confirms the order. Despite all the care taken by Danielle Aspis, it is possible that the prices displayed on the Site contain errors. In this case, Danielle Aspis cannot be held responsible for such errors and reserves the right to cancel any order containing a price error. In the event that the Customer’s currency of payment differs from the currency in which the prices are displayed on the Site, the Customer shall be solely responsible for any exchange charges and other bank charges that may be applied by his or her banking establishment
3.4 Delivery costs
The Customer contributes to the delivery costs of the products ordered. The final amount of these delivery costs is clearly and distinctly displayed on the Site before the order is validated by the Customer and paid for. The amount of the delivery costs may differ according to the volume of products ordered and the place of delivery (e.g.: International).
3.5 Price variations
The price applicable to a product is the price appearing on the Site at the time of the order.
Danielle Aspis reserves the right to modify without notice the prices of the products appearing on the Site in the event of a change in the VAT rate, in the event of fluctuations in production or logistics costs or for any other reason.
3.6 Payment of the price and invoice
The products and delivery costs ordered are payable directly and in full on the Site, as soon as the order is placed. The Customer expressly acknowledges that the communication of his/her bank card number at the time of the order is tantamount to authorising the debiting of his/her account for the price of the products and delivery costs.
An invoice will then be drawn up by Danielle Aspis, accessible by the Customer from his account on the Site and sent by email.
Article 4 – Delivery
4.1 Delivery time
Shipping and delivery times may vary between three and six weeks, depending on the delivery location. An email confirming the delivery time will be sent to the customer as soon as the order is processed.
4.2 Place of delivery
The order will be delivered to the address in metropolitan France or abroad as indicated by the Customer when registering on the Site and confirmed when placing the order (for delivery to a different address, the delivery address fields must be completed).
In the event that the Customer wishes to change the delivery address after having placed his/her order, he/she must send an email as soon as possible to Danielle Aspis’ customer service department, email@example.com, stating the order number, the product concerned and specifying the new delivery address before the order is sent. Danielle Aspis reserves the right to refuse the request depending on the progress of the Customer’s order. An email confirming or refusing the request will be sent to the Customer. Any additional costs and expenses generated by the change in the delivery address will be borne exclusively by the Customer. Consequently, Danielle Aspis will ask the Customer to pay these costs in advance, before proceeding with the dispatch of the order.
At the time of ordering, the Customer must provide Danielle Aspis with all useful information (landline and/or mobile telephone number) and a description of the delivery address (residence, building, flat number, size of stairs, doors and access routes that do not allow normal access to the delivery address) to enable the delivery to be carried out correctly. In particular, the Customer shall be required to measure the access passages to his home in order to confirm to the carrier his accessibility to the product ordered.
Depending on the delivery method, the carrier may contact the Customer directly either by telephone or by e-mail to make an appointment for the delivery of the product to the address indicated by the Customer. The Customer undertakes to be present on the delivery date agreed with the carrier. In the event of an order consisting of several parcels, Danielle Aspis reserves the right to select the most suitable carrier for this specific type of shipment in order to guarantee the quality of the delivery service, which may have a slight impact on the delivery times.
Neither Danielle Aspis nor the carrier may be held responsible for the impossibility of delivering the product(s) ordered if the delivery address provided by the Customer is imprecise, incomplete or erroneous, or if the Customer is absent at the time of delivery. All costs (return of products, storage, rental of lifts, etc.) resulting from the absence of the Customer at the time of delivery, an impossibility of delivery or an inaccuracy on the part of the Customer shall be borne exclusively by the Customer and must be paid before any new delivery of the order.
At the time of delivery or receipt of the parcel at a relay point, it is the Customer’s responsibility to unpack the product(s) in the presence of the carrier (delivery), to check the conformity of the products and to make any reservations and claims that appear justified and to refuse the non-conforming product(s), without prejudice to the right of retraction and the legal guarantees from which the Customer benefits
4.3 Delay in delivery
In the event of a delay in delivery, the Customer is invited to contact Danielle Aspis’ Customer Service in order to be informed of the modified delivery date. The Customer may choose to cancel the order if the explanations and proposals formulated by Danielle Aspis’ Customer Service are not satisfactory, unless the delay in delivery is due to a case of force majeure within the meaning of the Civil Code and the case law of the Court of Cassation.
Article 5 – Right of withdrawal and cancellation of order
From the time of the order and up to fourteen (14) calendar days from the delivery of the products, the Customer may exercise his/her right of withdrawal from Danielle Aspis, without having to justify his/her reasons or pay any penalties. In the event of exercising the right of withdrawal, the Customer must first inform Danielle Aspis by email to the following address: firstname.lastname@example.org. The email thus sent shall constitute the effective date of exercise of the Customer’s right of withdrawal. The cost of returning the goods shall be borne by the Customer. Danielle Aspis will act as an advisor in the choice of carrier. The Customer expressly waives the right to return any product without first consulting Danielle Aspis. In the event of exercising this right of withdrawal within the period referred to above, only the price of the returned product and the delivery costs indicated in the order will be refunded. The costs and risks of return will remain the exclusive responsibility of the Customer. Any return of a product under the terms of this article must be made in its original and complete condition (packaging, accessories, instructions, etc.) so as to allow its resale. Any product returned must be sent to the address indicated by Danielle Aspis. Any product returned incomplete or used will not be taken back under the right of withdrawal. Any refund under this article will be made within fourteen (14) working days following the date on which the returned product is received by Danielle Aspis. The cancellation of an order within the framework of the right of withdrawal is only free of charge if the product has not yet been dispatched. For any cancellation after shipment, the delivery costs will not be refunded.
Article 6 – Guarantees
Danielle Aspis undertakes to supply products that comply with the standards that apply to them and scrupulously meets its obligations in terms of product safety.
All products on sale on the Site are covered by the legal guarantee of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products at no cost.
However, all products that have been modified, repaired or damaged after delivery to the Customer, or as a result of incorrect use or handling, are excluded from these guarantees. Furthermore, all defects or non-conformities related to normal wear and tear of the product or possibly caused by a third party are excluded from these guarantees.
The legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of his right of withdrawal as defined in Article 5 of the GTC.
6.1 Implementation of the legal guarantee of conformity
Any Customer who finds that the product is not in conformity with the terms of Article L. 217-5 of the French Consumer Code may exercise the legal guarantee of conformity within two (2) years of delivery of the product.
The request must be sent to Danielle Aspis by email to email@example.com, accompanied by photographs and precise explanations of the non-conformity, it being specified that the Customer is exempt from proving the existence of the product’s lack of conformity during the six (6) months following its delivery.
When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the Consumer Code, Danielle undertakes to take charge of the return of the product and undertakes to
– either to repair or replace the product with an identical product depending on available stocks, at the Customer’s choice, unless this choice entails a cost that is clearly disproportionate for Danielle Aspis with regard to the other method, taking into account the value of the product or the extent of the non-conformity;
– or to reimburse the price of the product if its repair or replacement proves impossible or presents a major inconvenience for the Customer, or if the replacement or repair cannot be carried out within one (1) month of the Customer’s request. In this case, the refund will be made within fourteen (14) days of receipt of the product by Danielle Aspis.
6.2 Implementation of the legal guarantee against hidden defects
If the Customer finds a hidden defect within the meaning of Article 1641 of the Civil Code, he/she may exercise the legal guarantee against hidden defects within a period of two years from the discovery of the defect.
The request must be sent to Danielle Aspis by email firstname.lastname@example.org, accompanied by photographs and precise explanations of the non-conformity.
When the guarantee against hidden defects is implemented, Danielle Aspis undertakes, according to the Customer’s choice and after evaluation of the reality of the defect :
– either to refund the full price of the returned product,
– or to refund part of the price of the product if the Customer decides to keep it.
6.3 Information to the Customer on spare parts
In accordance with Article L.111-3 of the French Consumer Code, the Customer is informed that spare parts for the products are available within a minimum of three (3) months, and within the limit of the stocks available from the manufacturer. This period may vary considerably due to the nature and origin of the products marketed by Danielle Aspis.
If the Customer wishes to know the period of availability of spare parts for a product, he/she may request this by contacting Danielle Aspis.
Article 7 – Intellectual property
All elements of the Site, whether visual or audio, are the exclusive property of Danielle Aspis and are protected by copyright, trademarks or patents. Consequently, any total or partial representation of the Site without the express authorisation of Danielle Aspis is prohibited and constitutes an infringement.
Article 8 – Personal data
Identity and contact details of the data controller. The person responsible for processing the Customer’s personal data is the company Danielle Aspis, which can be contacted by post at 5 avenue de la Division Leclerc 92 310 Sèvres, France, or by e-mail at the following address: email@example.com.
Contact details of the data protection officer. Danielle Aspis attaches great importance to the protection of personal data, which is why you can contact Danielle Aspis, who can be reached by e-mail at: firstname.lastname@example.org.
Data collected. Danielle Aspis may collect the following personal data concerning the Customer via the Site: surname, first name, email address, postal address, telephone number, etc.
Purposes of processing. Danielle Aspis processes this data for the purpose of executing the order, providing the Customer with information on the Products and, subject to his/her prior consent, sending him/her information and commercial offers.
Duration of storage of personal data. The personal data collected is kept for the duration of the contract and for 2 years after the end of the contract, by virtue of legal, fiscal, contractual and judicial obligations.
Transfer of data outside the EU. The Customer’s data is not transferred outside the EU. All of Danielle Aspis’s service providers and subcontractors are located within the EU and are contractually committed to ensuring the confidentiality and security of the processing of the Customer’s personal data to which they have access, and to using it only on the instructions of Danielle Aspis for the purposes of the mission entrusted to them.
Rights of the persons concerned. In accordance with European data regulations and the French Data Protection Act, the Client has the right to ask Danielle Aspis for access to personal data concerning him/her, to rectify or delete such data, to limit the processing of data concerning him/her, to object to the processing and to request the portability of data concerning him/her.
In addition, under the French Data Protection Act, the Customer has the right to define directives relating to the conservation, deletion and communication of his/her personal data after his/her death.
How to exercise your rights. These rights can be exercised by mail addressed to Danielle Aspis, 5 avenue de la Division Leclerc, 92 310 Sèvres.
Right to lodge a complaint with a supervisory authority. In addition, if the Customer is unable to exercise the aforementioned rights with Danielle Aspis, he or she may lodge a complaint with the CNIL via the online complaints service on the CNIL website: https://www.cnil.fr/, or by post by writing to : CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
Information on the requirement to provide personal data. The provision of your personal data is a condition for the conclusion of the contract. If you do not provide us with this information, we will not be able to validate your order or execute it.
Article 9 – Liability
Danielle Aspis’s only liability in respect of an order or, more generally, in respect of the Customer, is that set out in Article 6 of the GCS. Danielle Aspis shall not be liable for any indirect, special or consequential damages resulting from an order or in any way whatsoever, on any grounds whatsoever. Danielle Aspis shall not be liable in the event that the non-performance of its obligations is attributable to the unforeseeable or insurmountable act of a third party to the contract, or to a case of force majeure as defined by the Civil Code and the case law of the Court of Cassation or to an event beyond the control of Danielle Aspis. Danielle Aspis shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. Danielle Aspis’ obligation under the contract is an obligation of means limited to the processing of orders.
Article 10 – Danielle Aspis Customer Service
For any information or question about the products or the procedures for placing or executing an order, the Customer may contact Danielle Aspis:
– via the contact form on the Site.
– by email: email@example.com
– by post:
5, avenue de la Division Leclerc
92 310 Sèvres.
Article 11 – Applicable law
The GTC are subject to French law, as are all orders placed by the Customer on the Site.
In the event that any of the stipulations of the GTC are found to be unlawful, deemed unwritten or unenforceable, in particular due to a change in legislation, this shall in no way affect or modify the validity of any other stipulation of the GTC, and shall not exempt the Customer from the performance of its obligations.
Article 12 – Disputes
In the event of a complaint or dispute, the Customer is invited to contact Danielle Aspis directly in order to try to find an amicable solution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Danielle Aspis will be represented by the mediator association Win Win Fatum, 69 avenue Victor Hugo, 75016 Paris – https://winwinfatum.com
After the Customer has made a prior written request to Danielle Aspis using the contact details mentioned above, the Mediation Service may be contacted for any consumer dispute which has not been settled.
The Customer may also submit any complaint on the dispute resolution platform put online by the European Commission:
If the dispute cannot be resolved amicably, the French courts shall have sole jurisdiction.
Article 13 – Evidence
In accordance with Article 1368 of the French Civil Code, the parties intend to lay down the rules relating to admissible evidence between them in the event of a dispute. In this respect, the computerised records kept in the computer systems of Danielle Aspis and, where applicable, its partners in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties, without prejudice to the possibility for the Customer to prove the contrary by any legally recognised means.