General terms of sale
The general conditions of sale below (hereafter designated " General Conditions "), govern exclusively the contractual relations between any United Kingdom customer of the website lineature.com (hereafter designated "Customer" or "you") and Lineature, commercial brand of Coquelin A.L, self-employed person, whose number of identification (DENIES) is X3227766S, and located Calle Pamplona 88 5 Barcelona (Spain), VAT number ESX3227766S (hereafter designated "Linéature" or "we") publishing the website: http: // www.lineature.com (hereafter designated the "Site").
These general conditions are the only applicable and replace every other condition, except express and written agreement.
The applicable general conditions are the conditions operative at the date of your order or your connection on the website. LINEATURE makes a commitment to keep all its former general conditions and to send them to you on simple request.
Since the current general conditions can be modified at any time by LINEATURE, they must be read before any new order.
The acceptance of the general conditions will consist in the fact of ticking the box corresponding to this sentence: " I recognize to have read and accepted the general conditions of sale and use of the website " and to validate your order. You recognize by the same fact to be fully aware of them.
You acknowledge the quality of evidence of the automatic recording systems of LINEATURE (that is the data collected for the placing order) and, except to prove the contrary, you renounce to challenge them in case of litigation.
The acceptance of these general terms of sale implies that you have the full legal capacity to do so, or if not, that you have the authorization of someone responsible for you, or that you have a warrant if you are acting for a corporation.
LINEATURE reserves itself the right not to follow up an order of a customer with whom would exist a dispute concerning the payment of a previous command.
Products sold on this website are limited edition of re-edition of photography. Photography’s are not silver film original editions but high-quality art printings using the Giclée technique.
Re-editions are proposed in various sizes and supports and are delivered with a numbered certificate, which you can personalize by adding a personnel message or a dedication.
We have developed a specific technique which allows us to reprint the photography without any protective plastic layer, the paper (100 % cotton and without acid) is outdoor air, which allows to highlight the photography’s.
Photographs are light-resistant and resistant to the ambient humidity which exists in every normal house (relative humidity between 35 and 70 %). The re-editions are designed to be treated as any varnish-free piece of contemporary art. Therefore placing them in the kitchen or bathroom is not recommended. We do not supply screws and dowels necessary for the hanging, even if our supports have already their own fixation system.
The prices indicated on the website are in Euros, all taxes included, but excluding delivery cost. These prices can be modified at anytime by LINEATURE, the indicated prices are only applicable on the day of order and do not have any effect for the future.
Delivery expenses will be indicated to the client before payment.
The availability of the products is indicated on the website, in the brief description of every item.
To place order, you have to reach the descriptive webpage of the photography. On this page you can choose the size, and the mounting among those proposed for the chosen photography.
The availability of products is indicated according to the choice of the mounting. You then have to click the button " add to the basket " in order to add the product in your basket. You can reach your basket, at any time, by clicking the button provided for that purpose.
By consulting your basket, you will be able to check the quantity and the nature of the items that you have chosen and to check the unit price as well as the total amount of the order. You will have the possibility of removing one or several items from the basket.
On this summary will also be indicated the possibility you have to use or not you right of withdrawal and the deadlines that apply.
If the order suits you and you wish to validate, you can click the button "order", you will then reach a form in which you can seize your identifier of connection if you already possess a member account, or register you on the site by completing the form which is presented to you, with the personal information concerning you.
From the moment you are connected or after you perfectly completed the form, you will be invited to verify or modify your delivery and billing information. Then you will be invited to choose the mean of delivery if several are proposed, then the mean of payment you want to use. You will have the possibility to personalize your numbered certificate by adding a personnel message as well.
You will then have to accept the present general conditions of sale and use to proceed to the payment that you can make once you have been redirected to the secure payment interface.
After the payment is effectively received by LINEATURE, LINEATURE commits himself to acknowledge receipt of payment electronically within 24 hours maximum.
In the same way and in the same time, LINEATURE commits himself to send you an Email summarizing the order and confirming the treatment, repeating in addition all the information relating to the command, the items ordered, their delivery, and the modalities to use your right of withdrawal.
You can make an order on this website and pay by Credit card, Paypal and bank transfer.
Payments by credit card are made through secured transactions by the provider: Banco Sabadell Atlantico. In case of payment by credit card, LINEATURE does not have access to any data relating to the payment. Your banking data such as the card number, the date of expiration will never be communicated to LINEATURE. Payment is directly made to the banking institution via security system SSL (" Secure Socket Layer ") which allows the encoding of your banking address during their transmission. Your account will be debited at the confirmation of your order.
In case of payment by bank transfer, the delivery deadlines defined in the article below begin only as from the date of effective reception of the payment by LINEATURE who can prove the date of payment by any means.
Products and items remain the property of LINEATURE until complete payment of their price, according to the present retention of title clause. The risks are nevertheless transferred to the buyer as from the delivery.
a) Delivery area
The products are delivered in Metropolitan France (Corsica included), Spain and England. For other place of delivery, feel free to contact our customer service.
In case of delivery outside the European Union and the French overseas departments and territories, we inform you that customs duties and other taxes might be due. The necessary formalities and the payment of the aforementioned duties and the taxes do not concern LINEATURE and will be in any case beard by the buyer. Thus, before any order, it is up to you to verify all these data, as well as the possibilities of import of the product, with the competent authorities of your country.
The delivery will be made to the address you supplied during your order. The change of the delivery address will not be possible after the placing order, nevertheless we understand that you may want to change this address and invite you to contact us as soon as possible so that we can analyze whether the modification is possible.
b) Delivery date
The orders are usually delivered within 12 working days as from the perfect receipt of the price by LINEATURE.
The delivery date that will be indicated will depend on the manufacturing time and the mean of delivery you will choose. The delivery date is estimated only.
If you order several articles having different manufacturing lead time, your articles will be sent to you once all the articles will be made and in a single expedition.
Some products or volumes of orders may however require more than 12 working days to be delivered, a specific reference will be made during the validation of the order.
c) Receipt of the goods
When you receive the goods, you have to open immediately the parcel to verify the good state of the products. If you entrust the reception of the parcel to a third party, ask him to make these verifications. If you notice an anomaly (loss or damage), you have to give the parcel back to the carrier, state the problem encountered on the delivery note, refuse to sign it and contact us the day of delivery by telephone or by e-mail.
Any mistake in the delivery or any non latent defect will have to be notified to LINEATURE, by telephone or e-mail within two working days from the delivery. After this deadline, the product will be considered complying with the customer requirements, who will no longer be able to lodge a complaint for mistake in the delivery or non latent defect.
Some goods can be too big for narrow places (staircases, elevators etc.), so that you have to make sure that the product can be delivered directly to the given address; in any case, the responsibility of LINEATURE or the carrier would not be engaged if it is impossible to reach the place of delivery and if the delivery can only be made outside the building.
a) Customer Service
The Customer Service of LINEATURE is available from Monday to Friday 9.00 am to 13.00 pm and 14.00 pm to 19.00 pm at this phone number (landline normal rate): +33(0)970465470, by Email at this address: customer@lineature.com or by the post at this address: Lineature, Calle Pamplona 88 5º2, 08018 Barcelone (Spain). In the last two cases, an answer will be sent by LINEATURE within two working days.
b) Right of withdrawal
In accordance with the legislation in force, the customers have 7 days from the day he/she receives the parcel to ask for the exchange ( at your own expense ) or the reimbursement when using their right of withdrawal. To use that right, you must send a mail at the headquarters of the company: Lineature, Calle Pamplona 88 5º2 08018 Barcelone (Spain), asking for the exchange or the reimbursement of the sums paid by them.
Any re-expedition of the goods to LINEATURE must be complete (packaging, instruction for use, accessories, numbered certificate and copies of invoice), and the products will have to be clean (no stains or traces), and not damaged.
Please note that the products are pretty fragile and that their re-expedition must be done with care, in their original packing which is specifically designed for the product protection. You will assume all the consequences of any product damage and in particular for damages caused by a re-expedition in bad conditions.
According to The Consumer Protection (Distance selling) Regulation 2000, it is expressly reminded to you that the right of withdrawal does not apply for personalized items.
Products are warranted to be of good material and workmanship for a period of two years from date of delivery. This warranty applies only to products that are used as intended by the manufacturer. Repair or replacement provided under this warranty is the exclusive remedy of LINEATURE and does not include installation. This warranty is void if the product is modified, improperly installed, or subjected to abnormal conditions. This warranty is in lieu of all other warranties, there are no warranties expressed or implied (and specifically no warranty of fitness or merchantability). LINEATURE shall not be liable to the customer for any other claim or damage and shall not be liable for indirect or consequential damages.
The creation of a member area is entirely optional on this website. If you want to became a member you will be invited to give a certain number of personal information. You commit yourself to give exact information under penalty of ending the contract on the initiative of LINEATURE and under penalty of deletion of your client account.
Certain information is considered essential to the conclusion of the contract and their collection will be essential to create the member area and to validate the conclusion of the contract. The refusal by a member to give this information will have as effect to prevent the creation of the member area as well as, consequently, the conclusion of the contract.
This area allows you to consult the orders you made on the website, and allows you in addition, if applicable, to follow the delivery process.
If the data contained in the member account should disappear because of unforeseeable circumstances, technical breakdown or a case of force majeure, the responsibility of the LINEATURE will not be engaged, this information having no probative value but only of an informative character. LINEATURE commits himself to keep securely all the contractual elements relating to the subscription by the member, which retaining is required by the law or regulation in force.
The pages relating to the member areas can be freely printed by the considered account holder but do not constitute in any case evidence; they are only indicative to help to an effective management of his orders by the client.
At the time of creation of the personal area, you will be invited to choose a password. The password constitutes the guarantee of confidentiality of the information contained in « my account » (mon compte) and you refrain from giving or communicating it to a third party. Otherwise, LINEATURE can never be considered liable for non authorized access to a user account.
LINEATURE keeps the exclusive right to delete the account of any member who would have contravened to these general terms of sale (in particular but without this example being exhaustive, when the member will have given voluntarily non exact information at the time of his registration and of the creation of the personal area). The said deletion can never be considered as constituting damage for the excluded member who will never be able to pretend to any indemnity due to this fact.
This exclusion does not exclude the possibility, for LINEATURE, to take any necessary action in justice against the member, when the facts justify it.
By ticking the box to that effect or by expressly giving you consent to that end, you accept that LINEATURE send you, at a frequency and in a way he will determine, a newsletter that may contain news relating to his activity.
When you tick the box to that effect, you accept to receive commercial offers from LINEATURE for products and services corresponding to those ordered.
You will have the possibility to unsubscribe from the newsletter by clicking on the link to that effect, on each of the newsletters.
You have the possibility to give personal data concerning yourself. Giving personal data is not required to navigate or to place an order on this website. But the registration on the website requires the collection, by LINEATURE, of some of your personal datas. If you want to give the personal information necessary to the creation of a personal area, you will be able to use the services offered on this website by LINEATURE.
Collected data is necessary to the proper administration of the services offered on this website as well as to the respect of his contractual obligations by LINEATURE. This data is kept by LINEATURE only as the editor, and LINEATURE commits himself not to use the data in another frame, not to give the data to third parties without the express consent of the users except when the law requires it. Thus, you recognize that in placing order on the website, you authorize LINEATURE to disseminate personal data to his subcontractors and in particular to the manufacturer of the product, as well as to the company in charge of the delivery who will be appointed during the order process.
Contact details of all the users registered on this website will be saved for a period of one year, reasonable time necessary to a proper administration of the website and to a normal use of the data. These details will be kept in secured conditions, according to the current means of the technology, in the respect of the Data Protection Act 1998.
Accordingly to this Act, you have a right to oppose, question, access and modify the details you gave. To use that right, you just have to contact LINEATURE, by sending an Email to: customer@lineature.com, or by the post at the postal address of LINEATURE mentioned above in these general terms of sale.Collected personal data is computer processed only to the use of the LINEATURE.
The responsible of the process is Coquelin A.L.
Collected personal data are not subject to any transfer outside the European community.
Data Protection Registration Number :
In addition, LINEATURE keeps the right to collect the public IP address (Internet Protocol) of any Internet user. This IP address will be associated to the account of the user in the aim of guaranteeing the security of the system. The collection of this IP address will be made in an anonymous way, it will be kept for the same duration as the personal information and will be only intended to allow a good administration of the services proposed on the present website. The IP address corresponds to a series of figures separated from points allowing the unique identification of a computer on the Internet network.
The editor will have to communicate all the personal data of an Internet user to the Police (on judicial requisition) or to every person (on prescription of the judge). The IP address of your computer can be compared with the effective identity of the subscriber detained by the IAP (internet access provider).
In order to offer to all the Internet users an optimized navigation on this website and a better operation of the different interfaces and applications, the editor may proceed to the implementation of a cookie on the computer of the user. This cookie is to keep the information relating to the navigation on the website (date, pages, hours), as well as possible data given by the Internet users during their visit (researches, logins, email, password). These cookies are to be kept on the computer of the user for a variable duration up that will not exceed the navigation session.
You have the possibility to block, change the shelf or delete this cookie via the interface of his Internet browser (generally: tools or options / privacy or confidentiality). In such a case, the navigation on this website will not be optimized. If systematically disabling the cookies on the Internet browser of the user forbids him to use certain services or functionalities given by LINEATURE, this malfunction can never constitute damage for the member who can never pretend to any indemnity due to that fact.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. Any liability for incidental and consequential damages is expressly disclaimed. LINEATURE’s liability in all events is limited to, and shall not exceed, the purchase price.
In case of impossibility to access the website, due to technical issues or any other reason, the Internet users can never sue for damages and cannot pretend to any indemnity.
LINEATURE does not guarantee the adequacy of products on the present website with the real needs of the customers. It is also up to you to make sure beforehand that the product you purchase can be delivered in the best conditions, by making sure in particular that it can access your place of residence by the stairwell.
In case of a delivery of a parcel manifestly and apparently damaged, you must refuse it to benefit from the guarantee provided by the carrier. You will beside have to immediately inform LINEATURE, so that a new parcel can be prepared and sent as soon as the seller receives the damaged parcel. In such a case, the delivery deadlines indicated higher in the present general conditions will not be applicable any more.
The unavailability, even if prolonged and without any maximum duration, of one or several products, cannot constitute a damage and can never give rise to damages claim toward the website or its editor.
The visual representations of the products, published on the present website, are guaranteed by LINEATURE as perfectly faithful to the reality, to satisfy its obligation of perfect information. However, in the present state of the technique, these representations in particular in terms of colour or shape, can vary from one computer to another or differ from the reality according to the quality of the graphic accessories and from the screen or according to the resolution of the displaying. These variations and differences can in no way be attributed to LINEATURE whose liability can in no way be engaged on this fact.
Products are sold according to the current legal and statutory measures in France, Spain or England, LINEATURE cannot thus be held for responsible of the non compliance with the current regulatory and legislative measures in the other countries.
The hyperlinks that can be found on this website can refer to other websites. The liability of LINEATURE can never be engaged if the content of these websites contravene the law in force. As well as the liability of this website can never be engaged if the visit by an Internet user, of one of these websites, causes him a prejudice.
15. Intellectual Property right
All the elements of this website belong to the editing company and are protected by the Intellectual Property law.
Thus, you recognize that, without authorization, any total or partial copy and any broadcasting or exploitation of one or some of these elements, even modified, will may give rise to a legal proceedings led against them by LINEATURE.
This protection will concern all the textual and graphic contents (pictures, logo etc.) of the site, but also its structure, its data base, its name, its trademark and its graphics standards.
16. Modification of the general terms of sale
The general terms of sale can be modified at anytime by the editor of this website or his attorney. The general terms of sale that apply to the user are those in force at the time of its order or its connection on the website. LINEATURE commits himself to keep all the older general terms of sale to send them to any user who would ask for them.
17. Choice of law and choice of forum
The general terms of sale are submitted to English law. Only the English version applies. Any translation than can be made available to the members is only indicative.
Except contrarily provided by public order, any litigation than can arise in the frame of the performance of these general terms of sale can, before any action justice, be submitted to the appreciation of LINEATURE in order to find an amicable settlement. It is expressly reminded that demands for amicable settlement do not suspend the time limit to bring actions in justice.
18. Partial Invalidity and no waiver
If one of the clauses of these general terms of sales had to be declared void by a court, it would not render all the other clauses void, and they would remain valid.
The fact, for LINEATURE, not to use temporarily or permanently one or more clauses of these general terms of sale does never amount for a waiver to use all the other clauses of the general terms of sale.
