General terms and conditions of sale
The purpose of these terms and conditions is to define the terms and conditions for subscribing to GraffitiART magazines and purchasing individual products (special issues, back issues, books, etc.).
The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions of Sale”) is to define the terms and conditions for subscribing to GraffitiART magazines and purchasing individual products (special issues, back issues, books, etc.) (hereinafter referred to as the “Products”).
They apply to all subscription offers and to the purchase of individual Products, regardless of the method of marketing.
GraffitiART magazine (hereinafter referred to as “the Magazines”) and the Products are published by GraffitiART, hereinafter referred to as “the Publisher” and/or “GraffitiART”).
2. DESCRIPTION OF THE SERVICES OFFERED
The Publisher offers two types of products:
- Magazine subscriptions with a one or two year commitment (hereinafter referred to as “Subscriptions”);
- The purchase of single products without commitment (hereinafter referred to as “One-time purchases”).
On the Internet, Subscription offers and one-time purchases are available on the website https://sg1a1backt.preview.infomaniak.website/ (hereinafter referred to as the “Site”), published by GraffitiART, located at 14 place Marie-Jeanne Bassot, 92300 Levallois-Perret, FRANCE and registered with the Registre du Commerce et des Sociétés under number RCS Nanterre 878 036 656.
Subscriptions and One-Time Purchases are available in paper or digital format. The various Subscription and Spot Purchase offers, the related rates, and, where applicable, the technical and usage characteristics of the services offered, are available in paper format upon first request to the customer service department as designated below, and permanently accessible from the home page of the website https://www.shop-graffitiart.com. The person who has subscribed to a Subscription is hereinafter referred to as the “Subscriber” and the person who has made a One-Time Purchase is hereinafter referred to as the “Customer”.
Customer relations management and customer service for the GraffitiART “subscriber” database is provided by Abomarque, a company headquartered at 53 Route de Lavaur – 31240 L’Union, FRANCE and registered with the Toulouse Trade and Companies Registry under no. 453 387 060 (hereinafter referred to as “Customer Service”). The contact details of the Customer Service Department are indicated in Article 8 below.
3. PRICING CONDITIONS
The prices of subscriptions and one-time purchases are indicated in euros, all taxes included (including processing and delivery costs for subscriptions in metropolitan France). The orders are payable in euros whatever the geographical destination of the product concerned. The prices indicated do not take into account any costs related to the equipment and electronic communications necessary for the subscription and use of the services offered, which are not provided by the publisher and remain the responsibility of the subscriber.
In the event of a subscription or one-time purchase to a country other than metropolitan France, the subscriber will be considered the importer of the product(s) concerned. Thus, certain taxes and/or additional charges such as customs duties, local taxes, import duties, postal charges or various state taxes may be payable. These various taxes will remain the responsibility of the Subscriber and are the sole responsibility of the Subscriber in terms of declarations and payments to the authorities and/or competent bodies of the recipient country.
Subscriber is solely responsible for payment of all amounts due under the subscription contract. The payment of the subscription may, exceptionally, be made by a third party on behalf of the Subscriber, without, however, this being able to grant him any particular rights.
4. TERMS AND CONDITIONS OF SUBSCRIPTION
Subscriptions can be taken out:
- By internet
Payment by internet is made by credit card (accepted cards: Visa, MasterCard, Blue) according to the terms and conditions indicated on the Site and is subject to a security system by the SSL encryption process.
- By mail with a check for the amount of the chosen subscription or the desired product and a completed registration form to the address :
GraffitiART c/o Abomarque
31242 L’Union Cedex
5.AVAILABILITY OF OFFERS
Promotional offers are only valid for the period of validity indicated. In case of unavailability of a Product and/or a Subscription after placing an order, the Subscriber and/or the Customer will be informed by e-mail or by post as soon as possible. The Publisher will then cancel the order and exchange it for a product of at least equivalent value.
6.ACCOUNTS AND INTERNET ACCESS CODES
To subscribe online to a Subscription and/or a One-Time Purchase, any person must have an online account on the Site (hereinafter referred to as the “Customer Account”) with a personal identifier and password.
Thus, before any use of the services described above, the opening of a Customer Account is necessary. The creation of this Customer Account is done by internet, without any additional cost for the Subscriber and/or the Customer. This is a declarative procedure that allows the Subscriber and/or Customer’s contact information to be entered in order to register the Subscription and/or the One-Time Purchase. The Subscriber and/or the Customer must ensure that they provide complete contact information, some of which is mandatory, namely last name, first name, postal address, telephone number and e-mail address. In case of change of situation, the Subscriber and/or the Customer must make sure to regularly update their contact information.
The Customer Account is associated with an identifier and a password (hereinafter “Access Code”) based on the information declared by the Subscriber and/or the Customer. These access codes are strictly personal and their use is at the risk of the Customer and/or Subscriber. Any communication of these identifying elements to a third party is prohibited. The use of these access codes by a third party, which may be manifested in particular by the simultaneous use of the access codes on different computer stations, is strictly prohibited and may result in the temporary or permanent suspension (in the event of repetition) of the said Customer Account and the supply of the Subscription and/or the associated One-Time Purchase.
The Subscriber and/or the Customer declares to have read and accepted the present General Terms and Conditions of Sale, in particular by ticking the box relating to the present General Terms and Conditions of Sale when placing an order. The validation of the order is thus worth acceptance of the present General Conditions of Sale.
A subscription confirmation containing the essential information of the subscription contract such as the amount or the payment terms, will be sent to the subscriber at the e-mail address registered during the creation of the Customer Account. This subscription confirmation constitutes validation and acceptance of the order by GraffitiART.
Unless proven otherwise, the data recorded by the Publisher constitutes the sole proof of all transactions between the Publisher and the Customer and/or Subscriber. GraffitiART reserves the right to cancel any order from a Customer and/or Subscriber with whom there is a payment dispute, without the latter being entitled to claim any compensation whatsoever.
The products are delivered to the delivery address indicated by the Subscriber and/or the Customer when subscribing to the subscription contract. The Subscriber will receive the first issue within 4 to 8 weeks, after registration of the Subscription request. For one-time purchases, the Customer will receive the order within 2 to 6 weeks after the registration of the payment by the Customer Service.
The above-mentioned times are non-contractual, and correspond to the processing and delivery times of magazines to Metropolitan France and Monaco. They are given as a guideline and may be extended in some cases.
GraffitiART declines all responsibility for any delay in delivery caused by the carrier. In the event of damage noted at the time of delivery, in particular to the packaging or the product, the Subscriber and/or Customer undertakes to make handwritten reservations with the carrier and immediately inform GraffitiART’s Customer Service Department.
8.RIGHT OF WITHDRAWAL
In application of article L121-21 of the French Consumer Code, the Subscriber and/or the Customer has a right of withdrawal of 14 days from the delivery of the order in order to proceed to a possible cancellation and reimbursement of the latter.
Refunds are made within a maximum of 60 days after receipt of the withdrawal request. Refunds will be made, at the Publisher’s option, by crediting the Subscriber’s and/or Customer’s bank account or by bank check made out to the Subscriber and/or Customer according to the contact information provided at the time of registration of the subscription.
Shipping and return costs are the responsibility of the Subscriber and/or the Customer. Only the price of the Subscription or Product will be refunded.
All returns are to be made to :
GraffitiART c/o Abomarque
31242 L’Union Cedex
For any information or question, our Customer Service can be reached:
- By phone: Monday to Friday from 10am to 12pm and from 2pm to 5pm at the number :
05 34 56 35 60 (price of a local call)
- By mail to the following address
GraffitiART c/o Abomarque
CS 60003 31242 L’Union Cedex / FRANCE
10.MODIFICATIONS OF THE GENERAL CONDITIONS OF SALE
The Publisher reserves the right to modify these Terms and Conditions of Sale, as well as the pricing of Subscriptions and/or Products at any time. Subscriber will be informed of any changes on the https://www.shop-graffitiart.com website by email and/or by mail. Any modification of the Subscription rates and/or of the present General Terms and Conditions of Sale during the year will not affect the Subscriber’s current subscription rates.
The photographs and texts illustrating the products presented are not contractual and do not engage the responsibility of the Editor.
The products offered are in accordance with the French legislation in force. The Publisher shall not be liable for any failure to comply with the laws of any third country to which products are delivered. It is the responsibility of the Customer and/or Subscriber to check with the local authorities the possibilities of importing the products he/she plans to order.
The Site can contain hypertext links allowing the reference towards other third websites; the responsibility of the Editor could not be committed in the eventuality of contents contrary to the legal and regulatory provisions in force within these third websites.
The Editor cannot be held responsible for the non-execution of the contract in case of force majeure, disturbance, total or partial strike of the postal services and means of transport and/or communications, flood, fire. The responsibility of the Editor cannot be engaged in case of direct and/or indirect damage because of the present General Conditions of Sale, or in case of possible operating losses, loss of profit, loss of chance of a Subscriber and/or a Customer.
All text, comments, reviews, illustrations and images reproduced in the Magazines, Products, or on the website https://www.shop-graffitiart.com, are the full property of the Publisher and are protected by copyright and intellectual property laws.
Any total or partial reproduction of the Magazines, Products and/or the Site https://www.shop-graffitiart.com is strictly forbidden. As such, and in accordance with the provisions of the Code of Intellectual Property, only a private use of images, texts, comments, reviews and illustrations is accepted. Any other use constitutes an infringement and is punishable under the Intellectual Property.
13.COOKIES AND PERSONAL DATA
When subscribing to a Subscription or making a One-Time Purchase on the https://www.shop-graffitiart.com website, personal data of a Subscriber and/or a Customer are collected and processed. The data communicated by the Subscriber and/or the Customer when subscribing to a Subscription and/or a Spot Purchase on the Site will only be used by GraffitiART and by the Customer Service for the purposes of processing orders, managing Subscriptions and Spot Purchases, sending GraffitiART newsletters and informing the Subscriber and/or the Customer of GraffitiART news. The data will not be used for commercial purposes or given to a third party under any circumstances.
In accordance with the French Data Protection Act of January 6, 1978, the subscriber has the right to access, rectify, oppose and delete information transmitted to the Publisher at any time by sending a letter to the following address
GraffitiART c/o Abomarque
31242 L’Union Cedex
14.APPLICABLE LAW – DISPUTES
The present General Conditions of Sale and all operations carried out on the Site are subject to French law.
Each of the parties elects domicile at its registered office.
In case of difficulties in the interpretation and/or execution of the Contract, the Parties undertake to seek, in good faith, any amicable solution to the difficulties encountered.
A défaut d’accord amiable, toutes contestations liées à la validité, l’interprétation, l’exécution ou l’inexécution, l’interruption ou la résiliation du Contrat d’abonnement ou des présentes Conditions Générales de Vente sera soumise à la juridiction compétente.
15.LEGAL NOTICES :
When you subscribe to a GraffitiART magazine, the information collected is necessary to manage your subscription, to send you the magazine and to organize GraffitiART’s relations with its subscribers. The legal basis for the processing is the GraffitiART subscription contract. This information is intended for GraffitiART and the service providers responsible for managing subscriptions and sending magazines, and will be kept for a period of 5 years after the end of your subscription contract. You have the right to access, rectify, limit, port and object to your personal data by contacting GraffitiART’s subscriptions department at the following address: GraffitiART c/o Abomarque CS 60003 – 31242 – L’Union Cedex – FRANCE – https://www.shop-graffitiart.com. If you register for the GraffitiART newsletter, your e-mail address and name will only be used to send you our newsletter and information about GraffitiART activities. The legal basis for the processing of the newsletter is consent. The information collected is intended for GraffitiART and is kept by GraffitiART for the duration of your subscription to our newsletter and you also have rights over the data concerning you (right of access, right of rectification, right to erasure, right to limitation of processing, right to portability, right to withdraw consent) that you can exercise by contacting the following address “GraffitiART c/o Abomarque CS 60003 – 31242 – L’Union Cedex – FRANCE -“. https://www.shop-graffitiart.com ” You can, moreover, at any time use the unsubscribe link integrated in the newsletter or by contacting us at the same address. You also have the right to lodge a complaint with a supervisory authority.