Summary
Terms of Sale
1. Fields of application
These
General Conditions of Sale apply to any order placed on the website
https://www.diane-georges.net by a natural person acting in a
personal capacity in his capacity as consumer (hereinafter “the
customer”) and delivered to Switzerland or to the rest of the
world.
These
General Conditions of Sale, written in French, may be modified at any
time by Diane Georges.
The confirmation of the order by the customer implies full acceptance without restriction or reservation of these General Conditions of Sale by the customer, to the exclusion of any other document. The general conditions in force at the time of order confirmation prevail over all previous versions as well as those in force on diane-georges.net.
2. Products / Prices
Offer Products
The
products offered for sale are those available at the time of
confirmation and payment of the order by the customer. Diane Georges
reserves the right to modify its offer at any time, in particular by
adding, modifying or removing products.
The
products are presented as accurately as possible. The perfect
representation of the products on the website cannot be guaranteed,
in particular due to differences in color or material rendering by
Internet browsing software and / or visualization monitors. The
product delivered may differ from that presented on the site without
causing the customer to be able to cancel the sale: i) if the product
concerned is a product of artisanal or semi-artisanal manufacture
that does not ensure perfect homogeneity from production; ii) or if
the product has been the subject, between the date of the order and
the date of delivery, of adaptation linked to technical or
technological development and provided, in these two cases, that the
difference only not on the essential characteristics of the products,
that it does not affect their quality and that it does not generate a
price increase.
Product Prices
Product
prices are indicated in Swiss francs and include all taxes.
Preparation and delivery costs are not included in the price
indicated, unless otherwise stated.
Diane
Georges reserves the right to modify the price of products at its
convenience. The tariff conditions in force on the date of validation
of the order by the customer will apply.
3. Orders
Placing the order
The customer has the possibility of placing an order with Diane Georges via the shop on the site.
Confirmation of the order
The acceptance of the order by the customer is materialized by its acceptance of these General Conditions of Sale and its payment.
Diane Georges reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute resulting from the failure to pay for a previous order.
Diane
Georges will send by email, as soon as possible, an order
confirmation containing the essential elements (order number,
products ordered, place of delivery, etc.).
The
client agrees that the order confirmation will be considered as proof
of the contractual relationship created with Diane Georges.
In the absence of availability of one or more product (s) ordered, Diane Georges undertakes to inform the customer by e-mail as soon as possible.
4. Payment
Payment
Payment
is made in Swiss francs exclusively, in full at the time of order, by
PayPal, or under certain conditions in cash upon delivery of the
package.
Orders
are only taken into account after validation of their payment, no
discount or late payment penalty is applicable. Payments cannot be
suspended or set off without the prior written consent of Diane
Georges.
Payment by PayPal
When confirming his order, the customer must enter his email address linked to his PayPal account as well as his PayPal password. If the customer does not previously have a PayPal account, he will, at the time of payment, be directed to a PayPal account creation page allowing him to benefit from this payment method.
Billing
The invoice sent to the customer includes the information entered by the latter in his customer account. The information provided may not be subject to any modification after the issue of the invoice. The purchaser has the possibility of modifying these data at the time of any new order placed on the site.
5. Delivery
Delivery Fees and Terms
The
manufacturing and delivery times are given as an indication and
their
non-observation cannot in any case justify a person left behind, a
discount or an indemnity, in particular in the event of strikes,
fires, station closings and force majeure . Deliverables travel at
the
recipient’s own risk. Claims for delays, damage or missing items must
be made upon receipt on the delivery slip or with the carrier. These
will be accepted if sent by registered letter. In any case, disputes
with carriers cannot justify the non-payment of invoiced goods.
Delivery may be made to the customer’s home or, under certain conditions, in agreements or any other event attended by Diane Georges.
Diane
Georges declines all responsibility for the goods, which always
travel at the buyer’s risk.
As
a general rule, delivery dates can only be given without
obligation.
In addition, delivery times may change. Delays in delivery do not
give the right to terminate the contract of sale or to claims for
damages of any kind whatsoever. If a
longer
delivery time is required or if this time is extended, the customer
will however be informed in due time by Diane Georges.
Diane
Georges decides in the last resort on the type of effective transport
(dispatch by post or delivery by truck), regardless of the type of
dispatch and the delivery costs confirmed according to the
aforementioned points. If the
type
of transport is already known at the time of conclusion of the
purchase, it is indicated in the order confirmation. As a general
rule, the shipment by post is delivered to the doorstep or to the
corresponding post office and, in the case of delivery by truck, to
the buyer’s home (place of use).
If
the sales contract includes several articles, delivery is made as a
whole, as soon as the order is complete and ready for delivery. Diane
Georges is only required to make partial deliveries if this has
been
explicitly agreed with the customer.
If a pick-up has been agreed with the buyer, the latter is informed as soon as the goods are ready at the agreed location. If the buyer does not come to pick up the goods despite a reminder, Diane Georges is entitled, two months after the arrival of the goods, to withdraw from the sales contract without further information and to use the goods for any other purpose . In such a case, Diane Georges reserves the right to invoice the actual costs and expenses.
The transfer of risks and profits of new goods takes place:
- After the separation of the batch or the preparation of the order (goods to be borne by the buyer)
- After delivery to delivery or dispatch (delivery or postal dispatch)
- When handing over to the customer (direct stock sale and immediate support)
- In
the case of used or exhibition goods, the risks and profits pass to
the customer when the contract is concluded. Diane Georges ensures
that the packaging conforms to normal conditions of transport, but
disclaims all responsibility for
damage during transport caused by improper handling by third parties.
Delays in goods due to transport and production are not the responsibility of Diane Georges.
The impossibility for Diane Georges transporters to deliver the products on the agreed date, in the absence of the customer or lack of information on the need to use specific means of delivery, may give rise to the payment of costs of additional delivery and / or cancellation of the order by Diane Georges.
6. Receipt and complaints
Usage reserves: The customer (or his agent) is required to check the physical condition of the packaging, the number and content of the packages at the time of delivery, in the presence of the delivery person or failing this upon receipt. Any anomaly concerning the delivery (damage due to transport, missing product or package, broken product, product not in conformity with the order, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the delivery slip of the carrier in the form of detailed, explicit, reasoned and dated handwritten reservations. The customer (or his representative) must sign the delivery slip. General reservations of the “subject to unpacking” type will be systematically rejected.
The customer (or his representative) must, in parallel, report these anomalies by contacting Diane Georges, within three (3) working days following the delivery date, using the contact form or by phone at +4176 451 52 16. Any complaint received after the deadline will be definitively rejected without possibility of recourse for the customer.
Product
faults: In
the event of an apparent defect or non-conformity of the product
delivered with the characteristics of the ordered product as shown on
the order form, the customer (or his agent) must report these faults
within three (3) days depending on the delivery date via the contact
form or by phone on +4176 451 52 16.
The
customer (or his agent) must refrain from any intervention on the
product and must leave Diane Georges any facility to find the alleged
defects or anomalies. Otherwise, the complaint cannot be accepted.
Any complaint made beyond this period will be rejected without the
possibility of recourse for the customer. The products are described
with the greatest possible accuracy. In case of defect or
non-conformity of the product duly noted by Diane Georges and making
the product unfit for the use for which it is usually intended, the
provisions of the warranty will apply.
Whatever the nature of the complaint (product defect or delivery problems), the customer (or his agent) cannot refuse delivery to the carrier, the customer (or his agent) having to keep the product (s) ( s) until acceptance of the return by Diane Georges.
7. Return
The
customer has a right of withdrawal of fourteen (14) calendar days
from the day of receipt of the products.
To
exercise their right of withdrawal and organize a return, the
customer must contact Diane Georges as soon as possible.
The exercise of the right of withdrawal by the customer entails, for him, the obligation to return the products whose order has been canceled within fourteen (14) days from the exercise of the right of withdrawal, within a perfect condition and in their original packaging or, for unpackaged goods, in perfect condition and without having been used.
The customer will be reimbursed, as soon as possible and at the latest within fourteen (14) days following the date on which the right of withdrawal has been exercised, for the amount of the item (s) returned, provided that Diane Georges has received the product (s) in perfect condition, in its (their) original packaging (s) and provided with all its (their) accessories. The original shipping costs will only be reimbursed if the entire order is returned.
Products made to measure or having been the subject of a special order cannot be returned, exchanged or refunded.
8. Product warranty
The products sold by Diane Georges are guaranteed for two (2) years from their delivery. Diane Georges is therefore responsible for the lack of conformity of said products.
To
be admissible, the implementation of the guarantee implies the
submission by the customer of the product as well as the purchase
invoice.
Diane
Georges undertakes to repair or replace the product recognized as
defective by her services according to the customer’s choice. If
repair or replacement is impossible or generates disproportionate
costs, Diane Georges may reimburse the product.
The
repaired or exchanged products benefit from the guarantee for the
remaining period.
The
following are excluded from the warranty:
–
damage to the product resulting from normal wear and tear having
regard to its nature, function, composition and price;
–
products that have been used too intensively, in particular for
purposes other than private;
–
any product defects that may result from improper installation,
storage, conservation or assembly, lack of maintenance, improper use
or use not in accordance with technical specifications or ‘use
(non-compliance with maintenance and upkeep instructions),
modifications or repairs carried out by the buyer or a third party,
damage caused by external objects (scratches caused by a frame,
etc.), external events such as accidents, shocks, fires, acts of
vandalism, water damage, natural or artificial lights (in the event
of discoloration), natural disasters or bad weather.
9. Personal data
Diane Georges attaches great importance to the protection and respect of the privacy of her customers and their personal data and undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. Diane Georges collects and processes personal data from her customers in order to manage the different stages of the order, answer questions and conduct satisfaction surveys after an order. The customer has a right of access, rectification, opposition and deletion of personal data concerning him. He can also request the limitation and portability of his data. The customer can exercise these rights by writing to the electronic address dianeillustration@gmail.com, specifying their contact details (name, first name, email address, telephone number). Diane Georges may be required to verify the identity of the client in order to secure the processing of his request.
10. Intellectual property
All of the elements published on the site https://diane-georges.net/ such as, and without this list being exhaustive, images, setting photographs, cropped photographs, videos, graphic charters, constituent sound elements of the site, logos, brands, domain names, texts, typography, belong to the company Diane Georges and constitute works protected by the provisions of the Code of intellectual property.
Diane Georges is the holder of all intellectual property rights on her products and, more generally, on the brands, illustrations, images and logos reproduced on her articles, their accessories or their packaging. They are and remain the exclusive property of Diane Georges, with the exception of the rights held by its partners and / or suppliers on their products, brands and logos presented on the site. Any total or partial reproduction, any modification and / or any use of these images, setting photographs, cropped photographs, videos, graphic charters, sounds, logos, products, brands, domain names, texts, typography, for any reason and on any medium whatsoever, without the express prior agreement of Diane Georges, is strictly prohibited. The creation of derivative works from these images, ambient photographs, cropped photographs, videos, graphic charters, sounds, logos, products, brands, domain names, texts, typography, is strictly prohibited. Diane Georges is the holder of all copyright on his designs, models and patents which are the property of Diane Georges.
No assignment of intellectual property rights is made through these. Any reproduction, even partial, any modification or use of these elements protected by a private right for any reason whatsoever is strictly prohibited and will constitute an act of forgery, punishable under criminal and civil law.
11. Limitation of liability
Use of the website
Navigation on the https://diane-georges.net/ site is the sole responsibility of the users. Diane Georges cannot be held responsible for breakdowns, errors, computer viruses which could hinder the continuity of access to its site, or for any direct or indirect damage, in particular malfunctions in the computer installation of users, who could be noticed following an access to the site.
Force majeure
The occurrence of an event constituting force majeure will result in the suspension of the obligations weighing on Diane Georges. This non-performance of the contract cannot engage the responsibility of Diane Georges. If the case of force majeure has a duration of existence greater than one (1) month, Diane Georges may not honor the order, provided that the client is reimbursed, where appropriate, for the sums paid by him under the order concerned.
12. Miscellaneous
Proof
E-mails will prevail between the parties, as will the automatic recording systems used, in particular in the context of a dispute.
Partial invalidity
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
No Waiver
The fact that one of the parties did not require the application of any clause of these General Conditions of Sale, whether permanent or temporary, can in no case be considered as a waiver of the rights of this part arising from said clause.
disputes
These General Conditions of Sale are subject to Swiss law. Any litigation relating to the execution of these presents will be the exclusive competence of the Swiss courts.
Privacy policy
1. Introduction
Data protection is a matter of trust, and your trust is very important to us. We respect your privacy and your personality. Therefore, the protection of your personal data is an essential concern for us. We are sharing this privacy statement to help you understand what we can do with personal data that we collect from you.
By providing us with your personal data, you signify your acceptance of our privacy statement and agree that we may collect, use and disclose your personal data as described in this privacy statement. If you do not endorse this statement, please do not provide us with your contact information.
We may need to periodically update this privacy statement. We recommend that you check this page regularly to make sure you have read the most recent version.
Date of last revision: 12.02.2020
2. Definition of personal data
Personal data is all information that relates to an identified or identifiable person.
3. Collection of personal data
The communication of personal data to us is your choice. We will only collect personal data that you choose to transmit. In some cases, we may give you the choice of selecting whether you would like to receive information from us or from trusted third parties.
You can provide us with personal data if you contact us, for example, using the contact form.
By communicating personal data to us, you fully understand and clearly consent to the collection and processing of such personal data. Such processing carried out by us will comply with this privacy statement.
4. Use of personal data
We attach great importance to data protection. This is why we strictly observe the legal requirements of the Federal Data Protection Act when collecting, processing and using your personal data.
We collect, store and process your data only for the full fulfillment of your orders (including any subsequent warranty services), for our customer service, for technical administration and for internal marketing purposes.
5. Disclosure of personal data
We do not pass on your personal data to third parties.
6. Security
With us, your personal data is transmitted securely through encryption. On this occasion, we use the SSL (Secure Socket Layer) coding system. No one can guarantee absolute protection. However, we protect our website and our other systems by technical and organizational measures against loss, destruction, access, modification and dissemination of your data by unauthorized persons.
7. Use of cookies
In particular to make the use of the site more pleasant, cookies or other cookies are used and may automatically record personal information.
We remind users that the data relating to their search and their navigation can be subject to processing for the purpose of advertising targeting by us and with particular respect for the right to the protection of personal data. These data are then used in particular for purposes related to advertising, statistical measures, geolocated advertising or even to analyze the behavior of Internet users in order to personalize the advertising addressed to them.
8. Informing the public on how to control their tracks
We inform internet users that recent versions of the main browsers allow not only to oppose the registration of cookies but also to perform browsing sessions at the end of which all cookies installed during this session are automatically erased independently of their expected lifespan, thus providing better protection of traces.
You can get information on how to manage cookies at www.aboutcookies.org.
9. Google Analytics
The site uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help us analyze how users use the site. The data generated by cookies regarding your use of the site (including your IP address) will be transmitted and stored by Google on servers which may be located abroad, including in a country offering a lower level of data protection. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity and providing other services relating to site activity and internet usage. Google may communicate this data to third parties in the event of a legal obligation or when these third parties process this data on behalf of Google, including in particular the publisher of the site. Google will not associate your IP address with any other data held by Google. You can deactivate the use of cookies by selecting the appropriate settings on your browser. You can also completely disable the use of Google Analytics using the following add-on: http://tools.google.com/dlpage/gaoptout. By using the site, you expressly consent to the processing of your personal data by Google under the conditions and for the purposes described here. In addition, you accept Google’s terms of service.
10. Use of Facebook “Like” buttons
Our website uses social plugins (“plugins”) from the social network facebook.com operated by the company Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are also marked with a Facebook logo or with the words “Facebook Social Plugin”.
If you open a page of our website containing such a plugin, your Internet browser will establish a direct link with the Facebook servers. The content of the plugin is directly transmitted by Facebook to your Internet browser and integrated into the Web page by it.
Thanks to the integration of the plugins, Facebook is informed that you have opened the relevant page of our website. If you are logged into Facebook, Facebook can assign your visit to our site to your Facebook account. If you interact with plugins, e.g. by clicking on the “Like” button or by entering a comment, the corresponding information is directly sent by your Internet browser to Facebook and saved there.
To find out the purpose and extent of the collection, processing and use of data by Facebook as well as your rights in this area and your configuration options to protect your privacy, please consult Facebook’s comments concerning the Data protection.
If you do not want Facebook to collect data about you while you are visiting our website, you must log out of Facebook before visiting our website.
Even when you are not logged into Facebook, data is sent to Facebook by websites containing active Facebook elements. Each time the website is visited, Facebook installs a cookie that is valid for two years and contains a marker. Since your Internet browser sends this cookie without asking for it each time you connect to a Facebook server, Facebook can in principle establish a profile indicating the web pages viewed by the user corresponding to the tag. It is therefore quite possible, later, to put this benchmark in contact with a concrete person – e.g. if you connect to Facebook later.
If
you do not want Facebook to collect data about you through these
cookies, you can activate the
“Block
third-party cookies” function in the settings of your Internet
browser. In this case, the Internet browser does not send cookies to
the server when content from third parties is integrated on the site.
With this configuration, however, it is possible that certain other
interactive functions – in addition to the “Like” button –
no longer work properly.
11. Right of access and rectification
In accordance with the Federal Data Protection Act, you have the right to information, opposition, access and rectification of data concerning you.
Consequently, you have the right to demand that any information concerning you that is inaccurate, incomplete, ambiguous or outdated be corrected, supplemented, clarified, updated or deleted.
This right may be exercised at the following address: dianeillustration@gmail.com or via the site.
12. Legal basis
This privacy statement is based exclusively on the Federal Data Protection Act (DPA) of Switzerland.
13. Contact / Customer Service
For any information, you can send us your request directly through the Contact page.
Legal information
Diane Georges
Ch de l’Orio, 1032 Romanel-sur-Lausanne, Switzerland
+4 176 451 52 16
dianeillustration@gmail.com