General Conditions of Sale
These general terms and conditions of sale (hereinafter "GTC") apply to any purchase made by a person (Customer), on the Website: www.galeriecindylecomte.com from the company CINDY LECOMTE, with capital of 5000 euros, whose registered office is located at 231 rue Saint-Honoré - 75001 PARIS, and registered with the RCS of Paris under the SIRET number 988 932 33, represented by Mrs. Cindy BROCHOT, email address: cindy@galeriecindylecomte.com; telephone number 06 34 60 12 68
VERY IMPORTANT
Any order placed on the Site necessarily implies unreserved acceptance by the Customer of these General Terms and Conditions.
ARTICLE 1 – DEFINITIONS
• Customer: any person having made a purchase on the Site;
• Customer Account: the User's personalized space resulting from the creation of the account. It allows the User to manage their personal information, track their orders, view their order history, and download their invoices.
• CINDY LECOMTE: single-member simplified joint-stock company, with share capital of €5,000, whose registered office is located at 231 rue Saint-Honoré – 75001 PARIS, registered with the Paris Trade and Companies Register under SIRET number 988 932 33, represented by Mrs. Cindy BROCHOT, president. GALERIE CINDY LECOMTE, a brand of the company CINDY LECOMTE, is the publisher of the Site and the seller of the Works.
• Work(s): designates all goods, tangible and intangible, offered for sale by GALERIE CINDY LECOMTE (examples: work of art, reproduction, art object, handcrafted good, book, catalog, merchandising, etc.).
• Site: designates the website www.galeriecindylecomte.com accessible to all via a search engine (Google, Bing, Yahoo etc.).
• User(s): means any person having access to and/or using the Site.
ARTICLE 2. PURPOSE
These General Terms and Conditions are intended to govern the sale and delivery of Works ordered by Customers from GALERIE CINDY LECOMTE via the Site.
They are accessible via a hyperlink available on the home page of the Site.
ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Customer undertakes to read the General Terms and Conditions carefully and to expressly accept them, before proceeding to payment for an order for Works placed on the Site.
These General Terms and Conditions are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing an order. The Customer is invited to read and download the General Terms and Conditions carefully and to keep a copy.
GALERIE CINDY LECOMTE advises the Client to read the T&Cs for each new Order, the latest version of said T&Cs applying to any new order of Works.
By clicking on the “Add to cart” button to place the Order and then on the second “Validate order” to confirm said Order, the Customer acknowledges having read, understood and accepted the T&Cs without limitation or condition.
ARTICLE 4. ORDERING WORKS ON THE SITE
To be able to purchase a Work, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.
To purchase a Work on the Site, the Customer must be registered and log in to their Account, by doing so they unreservedly accept the T&Cs ( HERE ) as well as the Legal Notices ( HERE )
4.1. Characteristics of the Works
GALERIE CINDY LECOMTE undertakes to present the essential characteristics of the Works in a clear, legible and comprehensible manner (title of the work, artist, price, dimension, medium/technique, date of creation, edition (for multiple works), availability).
These characteristics and information appear on the sheets of the Works present on the Site. The Customer undertakes to read this information carefully before placing an order on the Site.
4.2. Order Procedure
Orders for Works are placed directly on the Site. To place an order, the Customer must follow the steps described below:
• Selection of the Work: the Customer must select the Work of their choice by clicking on the Work concerned and choosing the desired quantities. Once the Work has been selected, the Work is placed in the Customer's basket. The latter can then add and remove as many Works as they wish from their basket.
• Order: the Customer must then click on the basket and check that the contents of his Order are correct (including the quantity, characteristics and references of the Works ordered, the address, first name and surname or company name, the means of payment and the price) before validating its contents.
Once the Customer has validated the contents of the basket and has identified himself/herself/registered via the connection/creation of a Customer Account, a completed online form will be automatically displayed which will summarize the price, applicable taxes and delivery costs.
The Customer may then proceed to payment for the Work(s) using the chosen payment method, following the instructions on the Site and providing all the information necessary for invoicing and delivery of the Works. Orders placed must include all the information necessary for the proper processing of the order.
• Acknowledgment of receipt and e-mail: when payment has been validly processed, a page appears on the Site to acknowledge receipt of the Customer's order. A copy of the acknowledgment of receipt of the order is automatically sent to the Customer by e-mail, to the e-mail address indicated by the Customer.
• Billing: when ordering, the Customer must clearly indicate all information relating to delivery, in particular the exact delivery address, their telephone number and any access code to the delivery address. The Customer must also specify the chosen payment method.
Neither the order form that the Client establishes online, nor the acknowledgment of receipt of the order that GALERIE CINDY LECOMTE sends to the Client by email constitute an invoice. The Client will receive the original of the invoice upon delivery of the Works, inside the package.
• Order date: the order date is the date on which GALERIE CINDY LECOMTE acknowledges receipt of the order online. The deadlines indicated on the Site only begin to run from this date.
• Price: for all Works, the Customer will find on the Site prices displayed in euros including all taxes (TTC), as well as the delivery costs applicable in mainland France (excluding packaging and gifts, excluding insurance) depending on the delivery address and the carrier or mode of transport chosen.
Prices inclusive of VAT include, in particular, Value Added Tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the Works from the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the Work sold.
The prices of the Works indicated on the Site are subject to change. The prices indicated are valid, except in the event of a serious error. The applicable price is the one indicated on the Site on the date the order is placed by the Customer.
• Availability of Works: GALERIE CINDY LECOMTE undertakes to ship the Work on the date or within the time period indicated to the Client, unless the parties have agreed otherwise.
The unavailability of a Work is indicated on the page of the Work concerned. In any event, if the unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer within a maximum of 15 days if the Work is unavailable. In this case, the order is canceled and the Customer is fully reimbursed for all sums paid for the unavailable Work no later than fourteen (14) days following the date on which the contract was terminated.
ARTICLE 5. RIGHT OF WITHDRAWAL
The Client has the right in principle to withdraw by returning or restoring the Work to GALERIE CINDY LECOMTE, without giving any reason except for Works likely to deteriorate quickly.
5.1. Withdrawal period
The withdrawal period expires fourteen (14) days after the day the Customer or a third party designated by the Customer takes physical possession of the goods. In the event that the Customer has ordered several Works via a single order resulting in several deliveries or in the case of an order for a single Work delivered in several batches, the withdrawal period will expire fourteen (14) days after the day the Customer, or a third party designated by the Customer, takes physical possession of the last batch.
5.2. Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unequivocal and written declaration to the following address: 231 rue Saint Honoré, 75001 PARIS. To be valid, this declaration must clearly identify the Customer (first name, last name, email address corresponding to that indicated on the Customer Account) as well as the order (order number). To ensure that the withdrawal period is respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
5.3. Effects of withdrawal
In the event of regular withdrawal by the Customer, GALERIE CINDY LECOMTE undertakes to reimburse all sums paid, including delivery costs, at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
GALERIE CINDY LECOMTE may defer reimbursement until the Works have been physically recovered.
GALERIE CINDY LECOMTE will make the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and provided that the refund will not incur any costs for the Customer and for GALERIE CINDY LECOMTE.
5.4. Return procedures
The Customer must in any event, no later than fourteen (14) days after communicating his decision to withdraw from these General Terms and Conditions, return the goods to GALERIE CINDY LECOMTE, 231 rue Saint-Honoré – 75001 PARIS.
This deadline is deemed to have been met if the Client returns the Work before the expiry of the fourteen (14) day period.
5.5. Return costs
The Customer shall bear the costs of return and insurance during the transport of the Works. The returned Work(s) must be insured by the Customer.
5.6. Condition of the Returned Work
The Work must be returned following the instructions of GALERIE CINDY LECOMTE and include all the accessories delivered.
The Client is only liable for any depreciation of the Work resulting from handling other than that necessary to establish the nature and characteristics of the Work. In other words, the Client may unpack the Work but may be liable if it carries out handling other than that strictly necessary to verify its conformity.
5.7. Exclusions from the right of withdrawal
The right of withdrawal is excluded in the cases referred to in Article L. 221-28 of the Consumer Code ( https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000044563170 )
ARTICLE 6. PAYMENT
6.1. Payment methods
The Customer can pay for his Works online on the Site by bank card.
The Client guarantees to GALERIE CINDY LECOMTE that he/she holds all the authorizations required to use the indicated bank card.
GALERIE CINDY LECOMTE will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
It is hereby specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
6.2. Payment date
In the event of a single payment by credit card, the Customer's account will be debited as soon as the order for Works is placed on the Site.
If the Customer decides to cancel his order for unavailable Works, the refund will be made in accordance with article 4.3. of the General Terms and Conditions.
6.3. Refusal of payment
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 7. PROOF AND ARCHIVING
Any contract concluded with the Client corresponding to an order for an amount greater than 120 euros including tax will be archived by GALERIE CINDY LECOMTE for a period of ten (10) years.
GALERIE CINDY LECOMTE agrees to archive this information in order to ensure transaction tracking and to produce a copy of the contract at the Client's written request.
In the event of a dispute, GALERIE CINDY LECOMTE will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction, which the Client accepts.
ARTICLE 8. TRANSFER OF OWNERSHIP
GALERIE CINDY LECOMTE remains the owner of the Works until full payment by the Client.
The above provisions do not prevent the transfer to the Client, at the time of shipment of the Work, of the risks of loss or damage to the Works subject to the retention of title, as well as the risks of damage that they may cause.
ARTICLE 9. DELIVERY
9.1. Territory
The Works offered can only be delivered within mainland France. For any delivery address located outside this territory, it is necessary to contact GALERIE CINDY LECOMTE directly at the following address: cindy@galeriecindylecomte.com
The Works are shipped to the Delivery address that the Customer will have indicated during the ordering process.
9.2. Shipping time
The timeframes for preparing an order and then issuing the invoice, before shipping the Works in stock, are mentioned on the Site. These timeframes do not include weekends or public holidays.
An electronic message to the email address indicated by the Customer will be automatically sent upon dispatch.
9.3. Delivery times and costs
During the ordering process, GALERIE CINDY LECOMTE informs the Customer of the possible delivery times and options for the purchased Works. Shipping costs are calculated based on the delivery method, the weight of the package, the carrier, and the delivery address.
These costs, as well as the insurance costs, will be payable by the Client in addition to the price of the Works purchased.
Details of deadlines and costs are detailed on the Site.
9.4. Delivery terms
The following delivery methods are available: carrier. The package will be delivered directly to the Customer against signature and upon presentation of an identity document. If the Customer wishes to be represented, he must provide a written, dated and signed mandate to his representative, as well as a copy of his identity document and that of the representative and give these documents to the delivery person.
In the event of absence, a calling card will be left for the Customer to allow them to collect their parcel from their post office if the carrier allows this option. Otherwise, new delivery costs and insurance extension may be invoiced to the Customer.
9.5. Delivery Problems
In the event of failure by GALERIE CINDY LECOMTE to fulfill its obligation to deliver the goods, the Customer may:
1) Notify GALERIE CINDY LECOMTE in writing of the suspension of payment of all or part of the price until the latter complies by detailing the breach(es), under the conditions of articles 1219 and 1220 of the civil code;
2) Terminate the contract if, after having formally notified GALERIE CINDY LECOMTE by registered letter with acknowledgment of receipt to deliver the Work within a reasonable additional period (at least twenty days), the latter has not complied within this period.
The sale is considered to be resolved upon receipt by GALERIE CINDY LECOMTE of the written notice informing it of this resolution and its reasons, unless it has been executed in the meantime.
The Customer may, however, immediately terminate the contract:
1) When GALERIE CINDY LECOMTE refuses to deliver the Work or when it is clear that it will not deliver it;
2) When GALERIE CINDY LECOMTE does not fulfill its obligation to deliver the Work on the date or at the expiry of the period provided for in Article L. 216-1 of the Consumer Code and this date or period constitutes an essential condition of the contract for the Client.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Client before the conclusion of the contract. The Client is strongly recommended to communicate in writing to GALERIE CINDY LECOMTE if he considers this condition to be essential.
When the contract is terminated under the above-mentioned conditions, GALERIE CINDY LECOMTE will reimburse the Client for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated in writing.
ARTICLE 10. PACKAGING
The Works will be packaged to ensure maximum protection for the Works during delivery.
Customers undertake to respect the same standards when returning Works under the conditions set out in Article 5 of the General Terms and Conditions.
ARTICLE 11. WARRANTIES
The Client benefits from mandatory legal guarantees for all Works as provided for by Articles L. 217-1 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
The Consumer Customer may exercise his rights by sending his request in writing to the following address:
CINDY LECOMTE GALLERY
231 rue Saint-Honoré
75001 PARIS
Tel.: 06 34 60 12 68
Email: cindy@galeriecindylecomte.com
When the Customer acts under the legal guarantee of conformity, he benefits from a period of two years from the delivery of the Work to act, he can choose between repair or replacement of the Work subject to the limits provided for by article L.217-12 of the Consumer Code.
The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods. The guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may also decide to implement the warranty against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, he/she may choose between the cancellation of the sale or a reduction in the sale price, subject to acceptance of this reduction by GALERIE CINDY LECOMTE.
ARTICLE 12. LIABILITY
GALERIE CINDY LECOMTE cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Client, in particular when entering their order and personal information.
GALERIE CINDY LECOMTE cannot be held responsible, or considered to have failed to perform these terms and conditions, for any delay or non-performance of one of its obligations described in the T&Cs, when the cause of the delay or non-performance is linked to a case of force majeure as defined by Article 13 of the T&Cs and, alternatively, by French case law and courts.
Please note that GALERIE CINDY LECOMTE does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only, and no guarantee is provided regarding their content.
ARTICLE 13. FORCE MAJEURE
The liability of GALERIE CINDY LECOMTE cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these T&Cs results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
The following are considered to be cases of force majeure by the parties:
• A natural disaster that would impact the storage location or delivery of the Work (flood, fire, earthquake, etc.).
• A pandemic or epidemic that would restrict the art market, the craft market and/or the delivery of Works (non-exhaustive example: COVID 19).
• Strikes and social movements which would impact the delivery of the Work.
• War, armed conflicts and attacks which would impact the Work (destruction, censorship, etc.), the place of storage or the delivery of the Work.
• Cyberattack on the Site which would prevent the order from being finalized.
• Governmental prohibitions and national and international regulations on the Work (example: prohibition of import or export of the Work, seizure of the Work, closure of borders, confiscation, etc.).
• Loss or theft of the Work when GALERIE CINDY LECOMTE is the owner or custodian;
• The impossibility of insuring the Work.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations.
In the event of the occurrence of one of the above-mentioned events, GALERIE CINDY LECOMTE will endeavor to inform the Client as soon as possible and at the latest 15 days after the occurrence of the event.
ARTICLE 14. PERSONAL DATA
Any Customer has the option to register free of charge on the BLOCTEL telephone canvassing opt-out list.
GALERIE CINDY LECOMTE reserves the right to contact a Client registered on the telephone canvassing opposition list when it concerns solicitations occurring within the framework of the execution of a current contract and having a relationship with the object of said contract, including when it involves offering Works or services relating or complementary to the object of the current contract or likely to improve its performance or quality.
GALERIE CINDY LECOMTE collects personal data on the Site concerning its Clients as part of the management of requests for information, the management and monitoring of Client Accounts and contracts, the management of orders and deliveries of Works, the management of payment, the proper functioning and continuous improvement of the Site, the management of requests for rights arising from the GDPR and, if the Client has expressly chosen this option, to send them newsletters and commercial offers, unless the Client no longer wishes to receive such communications from GALERIE CINDY LECOMTE.
In this regard, the Client is invited to consult the confidentiality and cookie management policy of GALERIE CINDY LECOMTE accessible at the following address: contact@galeriecindylecomte.com (Legal notices, art.4) which will provide him with further information relating to the protection of personal data, the management of cookies, the processing carried out via the Site and the methods of exercising rights.
ARTICLE 15. CUSTOMER SERVICE
GALERIE CINDY LECOMTE provides the Client with a telephone service at the following number: 06 34 60 12 68 (non-premium rate call) available Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m.
Any written complaint from the Client must be sent by email to the following address: 231 rue Saint Honoré, 75001 PARIS.
ARTICLE 16. INTELLECTUAL PROPERTY
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of GALERIE CINDY LECOMTE or the latter benefits from a license allowing commercial exploitation.
Any person who publishes a website and wishes to create a direct hyperlink to the Site must request authorization from GALERIE CINDY LECOMTE in writing. This authorization from GALERIE CINDY LECOMTE will under no circumstances be granted definitively. This link must be removed at the request of GALERIE CINDY LECOMTE. Hyperlinks to the Site that use techniques such as framing or insertion by hyperlinks are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the express prior authorization of GALERIE CINDY LECOMTE, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the Client of the intellectual property rights of GALERIE CINDY LECOMTE and an undertaking to respect them.
ARTICLE 17. VALIDITY OF THE GTC
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these T&Cs shall not affect the validity of the rest of the T&Cs.
ARTICLE 18. MODIFICATION OF THE GTC
These T&Cs apply to all orders placed online on the Site.
The T&Cs are dated precisely and may be modified and updated by GALERIE CINDY LECOMTE at any time. The applicable T&Cs are those in effect at the time of the order. Changes to the T&Cs will not apply to Works already purchased.
ARTICLE 19. DURATION AND TERRITORY
The duration of the T&Cs is indefinite and the T&Cs apply worldwide.
ARTICLE 20. COMPETENT JURISDICTIONS AND APPLICABLE LAW
These General Terms and Conditions and the relationship between the Client and GALERIE CINDY LECOMTE are governed by French law.
In the event of a dispute relating to the conclusion, interpretation, execution or termination of this contract, the matter will be submitted to the Paris court.
However, prior to any recourse, the Client must contact the complaints department of GALERIE CINDY LECOMTE.
Any consumer has the option of using the online dispute resolution platform: https://entreprendre.service-public.fr/vosdroits/R48100
Last updated on: 06/06/2025