Terms and Conditions

TERMS OF SERVICE: T&Cs and GTCs

GENERAL CONDITIONS OF USE (GCU)

1. INFORMATION ON FRAGMENTS OF THE CANVASES

1.1 SITE EDITOR

The site https://fragments-des-toiles.fr (hereinafter, the “Site”) is managed and operated under the responsibility of:

TD SOLUTIONS SRL,

25 rue Haute Bise

5032 Bossière

BCE No.: 0809.634.749

Represented by Nadine Boscardin, administrator.

The Site constitutes a platform intended for the online sale and purchase of limited edition art prints, produced by TD SOLUTIONS (hereinafter, the “Service”).

Any questions or complaints relating to the Site, these General Conditions of Use (hereinafter, the “GCU”), the General Conditions of Sale (hereinafter, the “GTC”) and the Privacy Policy (hereinafter, the “privacy policy”) may be addressed to TD SOLUTIONS at the address mentioned above or to the following email address: fdt@tdsolutions.be

1.2 ACCEPTANCE

Access to the Site is subject to these T&Cs and the Privacy Policy (hereinafter, the “Privacy Policy”) as well as applicable laws and regulations. Consequently, access to the Site implies full and unreserved acceptance by the user (hereinafter, the “User”) of these T&Cs and the Privacy Policy.

These Terms of Use, the General Terms and Conditions of Sale, and the Privacy Policy exclusively govern the relationship between the User and TD SOLUTIONS regarding the use of the Site and the Service. They can be viewed at any time on the Site.

1.3 MODIFICATION

TD SOLUTIONS reserves the right to modify and update, at any time, by notifying Users, these Terms of Use, the General Terms and Conditions of Sale and the Privacy Policy, as well as access to the Site and its content. All of these modifications are binding on Users each time they access the Site.

1.4 LANGUAGE VERSIONS

In the event of any discrepancies between the language versions of these T&Cs, the T&Cs and the Privacy Policy, the French language version shall prevail.

2. ACCESS TO THE SITE AND OBLIGATIONS RELATED TO THE USE OF THE SITE AND ITS CONTENT

2.1. The User agrees to use the Site solely for its intended purpose, to the exclusion of any other purpose. The User is required to ensure that all information provided is accurate and up-to-date.

2.2. The User undertakes to comply with the legislation in force, and in particular to refrain from:

send TD SOLUTIONS any content or communications that are false or misleading, (and to update such content, as appropriate, to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, deceptive, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringe any intellectual property right or any other right, or that encourage or participate in any of these things;
provide email addresses or other types of content to TD SOLUTIONS without having obtained the prior consent of the individuals concerned;
send TD SOLUTIONS content that violates the rights of a third party or harms them in any way;
send TD SOLUTIONS content that directs to illegal websites or contains inappropriate content;
use the Site for sending spam, unsolicited mail, pyramid schemes or similar or fraudulent schemes;
any action which may have the effect of disrupting the proper functioning of the Site, the Service, including the use of worms, viruses, software bombs or the mass sending of mail;
attempt to gain unauthorized access to any part of the Site or equipment used in the operation of the Site;
use a false name, pseudonym, or impersonate another person or entity;
use the Site for purposes other than those intended.

2.3. TD SOLUTIONS shall not be held liable in any way for any failure by the User to comply with the T&Cs, the T&Cs, the privacy policy, applicable laws or regulations. The User shall indemnify TD SOLUTIONS against any action, claim or complaint from third parties (including public authorities) relating to their use of the Site.

2.4. The User is also required to inform TD SOLUTIONS immediately in writing if he becomes aware of inappropriate behavior in connection with the Site by sending an email to the following address: fdt@tdsolutions.be

3. INTELLECTUAL PROPERTY RIGHTS

3.1. The Site and its components (brands, logos, graphics, photographs, animations, videos, music, texts, etc.) constitute the property of TD SOLUTIONS. They are protected by intellectual property rights (including copyright and related rights, trademark law, etc.) and may therefore not be reproduced, used or distributed without prior written authorization from TD SOLUTIONS or, where applicable, the relevant rights holder, under penalty of constituting an offense of copyright and/or design and/or trademark infringement, punishable by three months to three years and a fine of 100 to 100,000 euros or one of these penalties only.

3.2. TD SOLUTIONS hereby grants the User a non-exclusive, non-transferable license, for an indefinite period and revocable at any time without giving any reason, to access, display and download the content of the Site solely for the purposes of display. The User may also print a copy of the content displayed on the Site for their personal needs, provided that they do not alter the content of the Site in any way and that they retain all mentions of authorship and origin of the Site. The User also undertakes not to circumvent the technical protection devices for documents and multimedia elements. Reproduction is therefore only authorized for strictly private purposes within the meaning of Article XI.190 5° of the Code of Economic Law.

3.3. Any use of the Site and its components not covered by this article is strictly prohibited.

4. RESPONSIBILITY RELATED TO THE USE OF THE SITE

4.1. ACCESSIBILITY AND OPERATION OF THE SITE

TD SOLUTIONS will ensure, to the extent possible, that the Site is up to date and remains accessible to a normal number of Users. However, TD SOLUTIONS does not guarantee that the Site's functions will be available without interruption or error, that defects will be corrected, or that the Site and the server that makes it available are free of viruses or other harmful components. TD SOLUTIONS also reserves the right to suspend or discontinue all or part of the Site at any time, without giving reasons and without prior notice.

TD SOLUTIONS cannot be held liable for any loss and/or damage, of any nature whatsoever, resulting from the suspension, interruption, (technical) disruption, slowdown, difficult accessibility and/or cessation of accessibility to all or part of the Site or from viruses or other harmful elements present on the Site.

If the User notices the presence of a virus or other harmful elements on the Site, he is invited to notify TD SOLUTIONS at the following address: fdt@tdsolutions.be so that the necessary measures can be taken. TD SOLUTIONS advises in any case the User to install on his computer the necessary firewalls, anti-virus and other protection software, in order to prevent possible damage to it.

4.2. USE OF THE SITE

The User uses the Site at his or her own risk. The Site, its components and all information, software, facilities and services related thereto are provided as is, as available without warranty of any kind (either express or implied) and within the limits of applicable law.

TD SOLUTIONS declines all responsibility for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Site and its components, or from the inability to use the Site.

4.3. LINKS TO AND ON OTHER SITES

Hyperlinks to other websites may appear on the Site. In addition, certain websites may include a link to the Site. These third-party sites are not controlled by TD SOLUTIONS, which therefore assumes no responsibility for their operation, content, or use. Unless expressly stated otherwise by TD SOLUTIONS on the Site, the existence of such links does not imply any approval by TD SOLUTIONS of these third-party sites or the use that may be made of them, nor any association or partnership with the operators of these sites.

5. COMPLAINT

To be valid, any possible claim by the User relating to the Site must be communicated in writing within eight (8) calendar days from becoming aware of the fact giving rise to the claim, also attaching a copy of his/her identity card. The absence of any dispute in accordance with the aforementioned rules entails for the User the unconditional and unreserved acceptance of the fact giving rise to the claim and, de facto, the definitive waiver of any claim on this ground.

6. VALIDITY OF CONTRACTUAL CLAUSES

6.1 The failure of TD SOLUTIONS to assert, at a given time, a provision of these T&Cs may not be interpreted as a waiver of the right to subsequently assert its rights under it.

6.2 The invalidity, lapse or unenforceability of all or part of any of the preceding or following provisions shall not result in the invalidity of all of these T&Cs. Any provision that is entirely or partially invalid, void or unenforceable shall be deemed unwritten. TD SOLUTIONS undertakes to substitute for this provision another that will, to the extent possible, perform the same function.

7. APPLICABLE LAW AND COMPETENT JURISDICTION

7.1 The General Conditions are subject to Belgian law, to the fullest extent permitted by applicable rules of private international law.

7.2 In the event of a dispute relating to the interpretation or execution of the General Conditions, the Belgian courts shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.

7.3 Before taking any steps aimed at the legal resolution of a dispute, the customer undertakes to attempt to resolve it amicably by contacting TD SOLUTIONS directly.

GENERAL CONDITIONS OF SALE (CGV)

1. PURPOSE

1.1 These general terms and conditions of sale (hereinafter “GTC”) are applicable to orders concerning the Fragments des toiles brand. The Fragments des toiles brand is a trademark of the company TD SOLUTIONS SRL.

1.2 The General Terms and Conditions apply to orders placed via the website http://fragments-des-toiles.fr (hereinafter, the “Site”) with the company TD SOLUTIONS SRL, whose registered office is located at 25 rue Haute Bise in 5032 Bossière, registered with the Banque Carrefour des Entreprises under number 0809634749.

1.3 The General Terms and Conditions are attached to the offer when ordering and are available online on the Site. By confirming their order on the Site, the person wishing to place an order (hereinafter, the “Buyer”) acknowledges having read, understood and accepted the General Terms and Conditions in their entirety.

1.4 The contractual relations between TD SOLUTIONS and the Buyer are governed by these General Terms and Conditions, the General Conditions of Use and the Privacy Policy available on the Site, to the exclusion of any general conditions of the Buyer.

2. ORDER CONDITIONS

2.1 The Site provides the possibility of placing an order for one or more Product(s). To place an order, the Buyer must follow the ordering procedure provided on the Site, which includes:

the communication of his personal contact details (surname, first name, postal address, telephone number, email address)
communication of the desired delivery address
the choice of delivery method
verification of the information entered
validation of the order by clicking on the “Buy now” button
payment via the payment system integrated into the Site
order confirmation by email

2.2 The General Terms and Conditions, as well as all legal notices (including the privacy policy, shipping policy, and refund policy) are accessible via links on all pages of the site. By clicking on the “Buy Now” button, the Buyer confirms that they agree to these terms and conditions.

2.3 The final validation of the order by clicking on the “Buy now” button constitutes an electronic signature which binds the Buyer in the same way as a handwritten signature and implies the obligation to pay.

2.4 Any order will only be taken into account after acceptance of payment by the TD SOLUTIONS banking institution.

3. PRICE AND PAYMENT TERMS

3.1 The prices indicated are expressed in euros (EUR) and are inclusive of all taxes (TTC) excluding shipping and delivery costs. The contribution to shipping and delivery costs may vary depending on the type and number of Products ordered. Shipping and delivery costs are added during the ordering process (see point 3.1).

3.2 Payment for the Product(s) is made when ordering by bank card (Shopify Payments module).

4. DELIVERY

4.1 The delivery time of the Product(s) is communicated when the order is placed for information purposes only. TD SOLUTIONS makes every effort to ensure that delivery times are met. Exceeding this deadline cannot give rise to any claim for compensation from the Buyer. The delivery times indicated begin upon receipt of the confirmation email.

4.2 In accordance with the law, the transfer of risks takes place at the time of delivery. It is the Buyer's responsibility to check the conformity of the Product(s) (condition, characteristics, absence of defects, quantity, etc.) at the time of receipt, in the presence of the carrier, if applicable. Any dispute relating to the conformity of the delivered Product(s) must be indicated on the delivery slip and communicated to the carrier, as well as to TD SOLUTIONS.

5. LEGAL GUARANTEE

5.1 In accordance with the law, the Buyer has the guarantee relating to consumer goods provided for in Articles 1649 bis to 1649 octies of the Civil Code. These General Terms and Conditions do not affect these rights.

5.2 However, the warranty does not apply if the defect originates from mishandling, deterioration or improper use of the Product by the Buyer.

6. RIGHT OF WITHDRAWAL

6.1 In accordance with the law, the Buyer has the right to withdraw from the contract without giving any reason within fourteen (14) days following delivery of the Product(s).

6.2 To exercise this right, it is sufficient to notify your decision to withdraw within this period by means of an unambiguous declaration by post or email.

6.3 In the event of withdrawal, TD SOLUTIONS will reimburse the price of the Product(s), including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the least expensive method offered) without undue delay and, in any event, no later than fourteen (14) days from the date of notification of the decision to withdraw, unless the Product(s) have not been returned within this period. In this case, the reimbursement will be made upon receipt of the Product(s). Unless expressly requested otherwise, the reimbursement will be made by the same means of payment as that used for the initial payment and will not incur any additional costs.

6.4 In the event of withdrawal, the Buyer is required to return the Product(s) to TD SOLUTIONS, clean and in their original condition, unused, in their original packaging, without undue delay and, in any event, no later than fourteen (14) days from the date of notification of the decision to withdraw. The Buyer must attach a copy of the purchase invoice for the Product(s) to their request. The costs of returning the Product(s) shall be borne by the Buyer.

6.5 The Buyer is only liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature and characteristics of the Product(s).

7. RESPONSIBILITY

7.1 TD SOLUTIONS cannot be held liable in the event of fortuitous circumstances or force majeure (see point 8).

7.2 TD SOLUTIONS' liability is limited exclusively to any direct damages and may under no circumstances be incurred in the event of indirect damages such as, among others, loss of profit, commercial loss, loss of data, time, deficits or any other form of indirect damage.

7.3 TD SOLUTIONS cannot be held responsible for damages inherent in the use of the internet.

7.4 Without prejudice to the right of withdrawal provided for in point 6, to be valid, any possible claim by the Buyer must be communicated in writing within eight (8) calendar days from becoming aware of the fact giving rise to the claim. The absence of any dispute in accordance with the aforementioned rules entails for the Buyer the unconditional and unreserved acceptance of the fact giving rise to the claim and, de facto, the definitive waiver of any claim on this ground.

7.5 The Buyer remains solely responsible for the choice of the Product(s), their suitability and suitability for their needs, and their use. Any use of the Product(s) not in accordance with the use for which they are intended is the sole responsibility of the Buyer, to the exclusion of that of TD SOLUTIONS.

7.6 The Buyer is also solely responsible for compliance with the regulations in force in his country of residence.

8. FORCE MAJEURE

8.1 Any event that is foreseeable but unforeseen beyond the control of the parties and which makes the performance by a party of one or more of its obligations either impossible or substantially more difficult shall be considered a case of force majeure (such as, in particular: war, riot, revolution, insurrection, strike or lockout within a party's company, fire, flood, earthquake, storm, failure of telecommunications systems, power outage, etc.).

8.2 The party invoking force majeure shall notify the other as soon as possible of the occurrence of the event.

8.3 The obligations which are affected by the force majeure event, as well as any reciprocal obligations of the other party, are suspended for the entire duration of the force majeure event.

8.4 If the force majeure event lasts more than three (3) months, each party has the right to terminate this agreement with immediate effect and without compensation by notification by registered letter addressed to the other party.

9. VALIDITY OF CONTRACTUAL CLAUSES

9.1 The failure of TD SOLUTIONS to assert, at a given time, a provision of these General Terms and Conditions of Sale may not be interpreted as a waiver of the right to subsequently assert its rights under it.

9.2 The invalidity, lapse or unenforceability of all or part of any of the preceding or following provisions shall not result in the invalidity of these General Terms and Conditions as a whole. Any provision that is entirely or partially invalid, void or unenforceable shall be deemed unwritten. TD SOLUTIONS undertakes to substitute for this provision another which will, to the extent possible, perform the same function.

10. JURISDICTION AND APPLICABLE LAW

10.1 The GTC are subject to Belgian law, to the fullest extent permitted by the applicable rules of private international law.

10.2 In the event of a dispute relating to the interpretation or execution of the GTC, the Belgian courts shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.

10.3 Before taking any steps towards the judicial resolution of a dispute, the Buyer undertakes to attempt to resolve it amicably by contacting TD SOLUTIONS directly. In accordance with the law, the Buyer is also informed that he/she may contact the European online dispute resolution platform: https://webgate.ec.europa.eu/odr/.