Terms of Use
ARTICLE 1. SCOPE
The general conditions of sale detailed below (hereinafter referred to as the "General Conditions"), govern the contractual relationship between any user of the Joellecobblestone.be site (hereinafter referred to as a "User" or "You").
These general conditions of sale are the only ones applicable and replace all other conditions, unless prior, express and written derogation. Joellecobblestone may occasionally modify some of the provisions of its general conditions, so it is necessary that these be reread before each visit to the Joellecobblestone.be site (hereinafter referred to as the "Site"). These modifications are enforceable from their online publication (the date of online publication appearing at the end of these conditions) and can not apply to contracts concluded previously. Each purchase on the Site is governed by the terms and conditions applicable on the date of the order. By validating your order, you unreservedly accept the General Conditions after reading them. By accessing the Site, you agree to comply with these conditions. It is specified that these conditions govern the sale of Joellecobblestone photographs and frames on the Site.
ARTICLE 2. USE OF THE SITE
To use the Site, you must be at least 18 years old, legally capable of contracting and using this Site in accordance with these Terms and Conditions. You warrant the truthfulness and accuracy of the information provided by you on this Site. Joellecobblestone reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The Site is available in French and English. The language of the Site depends on the language of Your internet browser. If the language of your internet browser is not one of the 3 languages above, the language of the Site will be English. You can change the choice of language on the home page of the Site.
1) Essential characteristics of the products
The products sold on the Site are limited edition urbex photographs, frames and Joellecobblestone mats. The photographs are offered in several formats and media. The photographs are accompanied by a description.
Prices are indicated all taxes included, excluding participation in shipping costs. Only payment in euros is accepted. In case of delivery to a country other than Belgium, you are the importer of the art(s) concerned. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.
These duties and sums are not the responsibility of Joellecobblestone. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to check with your local authorities about these aspects.
Joellecobblestone reserves the right to change its prices at any time. The works will be invoiced on the basis of the rates in force at the time of the registration of the orders, subject to availability. The works remain the property of Joellecobblestone until full payment of the indicated price.
2) Place an order
To place an order, You must at least go through the following steps:
• Consultation of the sheet presenting a photograph. On this screen you can choose the format and support among those proposed for this photograph. The stock status is indicated (in stock / available in a few days / pre-order available within 1 month / sold out). You must click "Add to Cart" to add this item to your cart.
• "Cart" screen: you have the possibility to delete an item or change the quantities ordered.
• Identification screens or creation of a customer account.
• Delivery method choice screen. On this screen a link is proposed to you to modify the items of your order.
• Summary screen and payment choice. This screen allows you to choose your payment method and check the different elements constituting your order (articles, quantity, delivery method, total price). You must ensure that all of these elements comply with your request. Through the links on this screen, You have the possibility to modify your order.
• You must then accept these general conditions of sale and use of the Site to proceed to the payment step. The conditions are available to read and print from the link entitled "general conditions of sale". Their acceptance is made by checking the box affixed to the link to these conditions. The general conditions of sale and use of the Site must be accepted at each order.
• You pay for your order by the chosen payment method
• The contract is concluded upon confirmation of payment by the bank.
• The Site sends you a confirmation of your order by email within minutes.
3) Payment methods
Several payment methods are available to You to pay for your order on the Site:
• Visa, MasterCard, American Express, Credit Cards, Discover, Diners, China Union Pay, JCB as well as Apple Pay and Google Pay.
• Local payment methods such as SEPA, iDEAL, Bancontact, P24, EPS, Giropay, FPX, Alipay and many more.
4) Payment security
The User's bank details are encrypted (SSL technology, Secure Socket Layer). They do not circulate unencrypted on the internet and cannot be intercepted. Your bank details (card number, expiry date, etc.) are not communicated to Joellecobblestone.
5) Evidence
The data recorded by the Site constitutes proof of all transactions between the Site and its customers.
6) Delivery
Order processing
Orders are shipped as quickly as possible All ordered works are sent in a single order.
Works marked "sold-out" or "out of print" can no longer be ordered.
Delivery address
Joellecobblestone delivers to Belgium and 24 countries (France, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany , Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom). Delivery to another country: on request
Delivery will be made to the delivery address that you have validated at the time of the order as the "delivery address", this address may be different from the "billing address".
Delivery methods and deadlines
The possible delivery methods depend on the quantity, the size of the item(s) ordered and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. Joellecobblestone reserves the right to choose the carrier.
The delivery date depends on the stock status, the date of shipment of the order and the delivery time induced by the delivery method.
We will make our best efforts to deliver the ordered products within the time indicated in the Delivery Email. For deliveries to delivery points, an email or SMS will be sent to you as soon as your package arrives at the delivery point of your choice. From the day of delivery, you can collect the package on presentation of an identity document.
Although we make every effort to deliver your products within the deadlines set out above, delivery dates are estimates only, are not guaranteed, and cannot be relied upon against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.
Shipping costs
In a spirit of democratization of art photography, Joellecobblestone wanted to participate in the shipping costs of the works. The shipping costs remaining at the customer's expense vary according to the country and the method of delivery as well as the number and format of the works ordered. The details of the shipping costs are available by following this link.
Taxes and customs fees outside the European Union
Items shipped outside the European Union may be subject to taxes, customs duties and other taxes in the country of destination, hereinafter referred to as "Import Charges". The recipient of the order agrees by placing the order to be designated official importer in the country of receipt of the order and is responsible for the import costs. For each of the imported items, you authorize Joellecobblestone to designate a carrier to act as an intermediary with the competent authorities for the management and settlement of import charges in the country of destination. You also agree by placing an order that the carrier may share with Joellecobblestone the amount of such import charges. In the case of an order placed as part of a gift or as an intermediary for another person, you agree to give the above permissions on behalf of the recipient designated in your order. For details on actual import charges, or to obtain documents or receipts related to customs clearance, you may contact the designated carrier indicated in your shipment confirmation.
Receipt of delivery
Upon receipt of your order, it is your responsibility to open the package for the condition of the photographs or frames. If you do not personally receive the package, ask the person in charge of receiving the package to do this check. In case of problem, thank you to deliver your package to the delivery person (La Poste or private carrier) stating the problem encountered and to contact our customer service the same day.
Do not sign the delivery note if the order arrived damaged. No claim will be admissible if the delivery note is signed.
In the case of a delivery by private carrier, the carrier is not required to deliver inside your home and can deliver the package to you at the entrance of your building or house.
The customer has a period of 4 months after being notified of the availability of his order to proceed with its collection. Otherwise, the order will be cancelled and the sums previously paid will be retained by the supplier as compensation. After this period, the customer will not be able to claim a refund or a delivery of the goods.
7) Right of withdrawal
The right of withdrawal does not apply with regard to our photos.
8) Right of return
The right of return only applies to us in the event of damage to the item at the time of delivery.
9) Customer service and complaints
For any information or question, you can contact our customer service by email.
We will be very happy to give you all the information you want about our works and your order.
ARTICLE 3. FORCE MAJEURE
Joellecobblestone cannot be held responsible or considered to have committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure.
ARTICLE 4. PROTECTION OF PERSONAL DATA
Any personal data identifying you directly (in particular your surname, first name, postal, electronic or telephone coordinates) or indirectly (in particular your computer traces left by your navigation on the Site) are considered confidential data and are treated as such, subject to changes in the legal framework on the qualification of personal data.
4.1. Processing of data relating to the Services
4.1.1 Processing
The subscription, access and/or use of certain Services involves the processing of personal data, which you accept.
Joellecobblestone, data controller whose registered office is located at 2 Bois Héros 1380 Lasne, is aware of the trust you place in it by entrusting it with your personal information for the use of its services. Joellecobblestone attaches the utmost importance to this in terms of their confidentiality and security.
As such, Joellecobblestone undertakes to comply with this privacy policy, which you accept when you use its services.
4.1.2 Nature and purpose of personal data
By using our portal or our services, the User is required to communicate to Joellecobblestone information or data, some of which are likely to identify him directly or indirectly.
The data collected comes from the voluntary provision of their information by users wishing to access or use a Service requiring such processing, computer traces left by browsing the Site or the transmission by one of the partners to the other partner of the data thus collected.
This data may be used for the purposes of managing the operations carried out on the Site and the commercial actions of Joellecobblestone.be.
This data is also used:
- For the creation and management of user accounts;
- For the provision of Joellecobblestone's services;
- To monitor the relationship with users;
- To transmit requests for information issued by the User to carriers;
The User's personal data collected by Joellecobblestone may be:
- his first and last name
- his e-mail address
- his phone number
- its postal address
- its Internet Protocol (IP) address
- Username and password
- A copy of the exchanges between Joellecobblestone and the user
- Information relating to its navigation and activity.
- Its information relating to its geolocation
4.1.3 Legal basis for processing
Pursuant to Article 6.1 of the General Data Protection Regulationand the GTCU that he has accepted, the user is informed that the various processing of his data are necessary for the execution and fulfilment of contractual obligations arising from the services offered by the company.
4.1.4 Data retention period
Personal data will be deleted or archived for a period of five years after your last use of our portal or services.
This data may also be kept for a period of 10 years thereafter in the archive database, under restricted access, in order to comply with the legal and regulatory obligations incumbent on Joellecobblestone.
4.1.5 Data recipients
Joellecobblestone may also share information about you, including personal data, with Joellecobblestone's partner carriers as set out in this policy.
Joellecobblestone only shares your data with the third parties mentioned in this article in the following cases:
- When we use a service provider in connection with the performance of any contract between you and us or in order to provide or improve our services;
- When Joellecobblestone has a legal obligation to do so or if Joellecobblestone believes in good faith that it is necessary to respond to any claim against it, to comply with any legal request, or to safeguard the rights, property and safety of Joellecobblestone, its members and more generally any third party.
In accordance with applicable law and with your consent where required, Joellecobblestone may aggregate data about you that Joellecobblestone receives, including some or all of your personal data and information collected through cookies. This aggregated information will only be used for the purposes described above.
4.2 User rights
You benefit from:
- a right of access: right to receive a copy of your personal data in our possession;
- a right to erasure or right to be forgotten: right to erasure of your personal data in Joellecobblestone's possession (except where Joellecobblestone is required by law to retain such data or where Joellecobblestone has a legitimate reason to do so)
- a right to rectification: right to modify personal data in Joellecobblestone's possession concerning you that are incorrect or obsolete
- a right to object: you may object at any time for reasons relating to your particular situation, to the processing of your personal data for direct marketing purposes unless there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, the exercise or defence of legal claims;
- a right to restriction: you have the right to limit the processing carried out on your personal data in the following cases:
if you exercise your right to rectification, the restriction of processing may be required for the period allowing Joellecobblestone to verify its accuracy;
if you exercise your right to object, for the duration of the verification as to whether Joellecobblestone's legitimate grounds prevail over yours;
in the case of unlawful processing of your personal data, you may demand a restriction of their use rather than erasure;
for personal data for the purposes of processing to be erased, but which are still necessary for the establishment, exercise or defence of legal claims.
Contact
If you have any questions about this privacy policy or for any request relating to your personal data, you can contact us by sending a letter to the following address: Joellecobblestone, Data Protection Officer, 2 Bois Héros 1380 Lasne.
4.4 Technical data processing - Cookies
Joellecobblestone also automatically records certain technical data.
When consulting the Site, the technical data that may be recorded for access to or use of the Site are the Internet Protocol (IP) address of the user and information relating to the user's configuration (type of machine, browser, etc.) and navigation (date, time, pages consulted, occurrence of errors, etc.).
The latter information may be stored, through your browser software, in short text files (cookies), subject to your choices, in a dedicated space on the disk Joellecobblestone.be and/or its partners process this technical data completely anonymously, not linking them to any information that identifies the user and do not transmit them to third parties.
Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is registered during the period of validity or registration of the cookie concerned.
Cookies, depending on their category, are used for the following purposes:
A first category of cookies are those that are strictly necessary for the use of the Site. They are essential to browse the Site by taking advantage of all its features (support for the user's operating system, display ...). They make it possible to adapt certain functionalities and the presentation of the Site to your browser and your equipment. These are essentially technical cookies that do not identify you as an individual.
Another category of cookies is those that measure performance. These cookies make it possible to establish statistics and volumes of frequentation and use of the various services of the Site. Their purpose is to enable Joellecobblestone.be to improve the comfort of users. These cookies do not identify you as an individual.
These first two categories of cookies are only used for the purpose of establishing usage statistics, preventing errors, preventing infringements and counterfeiting of the site or improving the conditions of access or use of the Site.
A third category of cookies concerns functionality. They will simplify your navigation. Indeed, they allow you to record some of your choices (language, user name, country, information relating to a form entered previously, ...).
How to exercise your rights?
We inform you that you can at any time set your browser to change your choices regarding cookies. The setting of the internet browser is an effective and free way to determine, upstream, the management of cookies.
ARTICLE 5. LIABILITY AND WARRANTIES
Joellecobblestone strives to ensure to the best of its ability, the accuracy and updating of the information published on this site, which it reserves the right to correct, at any time and without notice, the content.
Joellecobblestone shall not be liable for any damages arising from the use or inability to use the Site.
Joellecobblestone will in no way be responsible for malfunctions attributable to software, whether or not incorporated into or provided with the Site.
Joellecobblestone undertakes to comply with all legal guarantees that you may have. In the event of defects in the goods, you benefit from the legal guarantees provided by the legislation in force. The works presented on our site comply with the requirements of Belgian law, we can not be held responsible for the violation of the legislation specific to the country of delivery of the work. Therefore, we invite you to read the law in force in the country of delivery.
You benefit from the warranties listed in this section 5 only to the extent that the products were purchased directly from the Website.
You benefit from the following legal guarantees:
1. The legal guarantee of conformity
If your products are non-compliant (for example if they do not correspond to the description given on the site or to your order), you have a period of two years from the delivery of the good to contact our Customer Service by email at the following address: joellecollet123@gmail.com, or by post at the following address: Joellecobblestone, 2 Bois Héros, 1380 Lasne, and return non-compliant products to us. We will then send you replacement products, when available. If we are unable to replace non-conforming products within thirty (30) days, you may:
- request a full refund of non-compliant products, or
You are exempted from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the good.
This legal guarantee of conformity hasbeen applied independently of any commercial guarantee that may have been taken out.
2. The legal guarantee against hidden defects. If you manage to prove the hidden defect of a product, we are legally obliged to repair all the consequences of such a hidden defect. You will then be able to choose between the resolution of the sale or a price reduction.
ARTICLE 6. INTELLECTUAL PROPERTY
1) Rights in the work
The artist, for having taken the initiative of his creation, remains the owner of the copyright on his creation, within the meaning of Belgian law. The rights of representation and reproduction of the works present on the site joellecobblestone.be belong to their authors and Joellecobblestone. Their joint authorisation is required for any exploitation of these rights. Your rights to the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction.
2) Intellectual property rights
All elements present on the site and the site itself are protected by copyright, trademark law, designs and models and / or any other intellectual property right. As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital ...) are prohibited without the prior written permission of Joellecobblestone.