Terms & conditions

Last updated December 14, 2022

article 1: scope of application

These Terms of Sale (hereinafter "TOS") apply, without restriction or reservation, to all sales concluded by Isabelle Brenig Art ("the Seller") with non-professional buyers ("the Customer"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website www.isabellebrenigart.com. The Products offered for sale on the site are the following: commissioned artworks, original artworks, digital reproductions of original artworks, digital artworks.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.isabellebrenigart.com which the customer is obliged to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These TOS are accessible at any time on the website www.isabellebrenigart.com and shall prevail over any other document.
The Customer declares that they have read these TOS and have accepted them by ticking the box provided for this purpose before placing an order online at www.isabellebrenigart.com. In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows
Isabelle BRENIG
82 Cours Victor Hugo, 33000 Bordeaux
Registration number: 87963920100018
Email : info@isabellebrenigart.com
Phone number : 06.26.07.43.36
The Products presented on the website www.isabellebrenigart.com are offered for sale internationally.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

Article 2: Price

The Products are supplied at the prices in force on the site www.isabellebrenigart.com, at the time the order is registered by the Seller.
The prices are expressed in Euros, exclusive of tax and VAT. The prices take into account any discounts that may be granted by the Seller on the www.isabellebrenigart.com website. These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time. The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered. Some orders may be subject to a previously accepted quotation. The quotations drawn up by the Seller are valid for a period of 30 days after they are drawn up.

article 3: orders

It is the Customer's responsibility to select the Products they wish to order on the www.isabellebrenigart.com website, according to the following procedures: The Customer chooses a Product which they put in their cart, a Product which they may delete or modify before validating their order and accepting the present Terms of Sale. They will then enter their details or connect to their user account and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the Customer according to the TOS.
Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error. Any order placed on the www.isabellebrenigart.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller 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 Customer may follow the progress of his order on the site.

article 3.1: User account

In order to place an order, the Customer is invited to create user account.
To do so, they must register by filling in the form that will be offered to them at the time of their order and undertakes to provide sincere and accurate information concerning their civil status and contact details, in particular their email address. The Customer is responsible for updating the information provided. It is specified to them that they can modify them by connecting to their account. To access their personal space and order history, the Customer must identify themselves using their user name and password which will be communicated to them after their registration and which are strictly personal. In this respect, the Customer shall refrain from disclosing them. Otherwise, they shall remain solely responsible for the use that is made of them. The Customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: info@isabellebrenigart.com. This will be effective within a reasonable time.
In the event of non-compliance with the TOS and/or use, the site www.isabellebrenigart.com will have the possibility of suspending or even closing a user account after formal notice has been sent by electronic means and remained without effect. Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all personal information of the Customer. The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance. The creation of an account implies acceptance of these TOS.

Article 4: payment

The price is paid by secure payment, according to the following methods: payment by credit card
The price is payable according to the following conditions and schedule:
for works of art on order: in 2 equal instalments, after signing the order contract and before sending the finalized order
for all other products: when the order is placed.
In the event of late payment and payment of the sums due by the Customer beyond the deadlines set out above, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount inclusive of tax of the purchase price appearing on the said invoice, shall be automatically acquired by the Seller, without any formality or prior formal notice. Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect. In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of current orders placed by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.isabellebrenigart.com website. Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due. The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

article 5: delivery

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones:
Internationally.
Deliveries are made within 5 working days to metropolitan France and 15 working days to other countries to the address indicated by the Customer when ordering on the site. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single shipment. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the Products ordered have not been delivered within 5 days after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to them at the latest on the fourteenth day which follows the date of denunciation of the contract, with the exclusion of any compensation or retention.
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access. When the Customer has themselves called upon a carrier that they chooses, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 72hrs maximum from the date of delivery to make complaints by email, accompanied by all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller. The Seller shall reimburse or replace, as soon as possible and at their own expense, the Products delivered for which the defects in conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these TOS. The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

Article 6: transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

article 7: withdrawal

According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from the date of receipt of the first good."
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the email indicated in ARTICLE 1 of the TOS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not accepted. The cost of returning the Products will be borne by the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

article 8: seller's liability

The Products supplied by the Seller benefit from the legal guarantee of conformity, for defective, damaged or spoiled Products or Products that do not
do not correspond to the order, the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.
The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 7 days of the Seller's finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller shall not be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check
Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer
negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or
force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the
The Seller shall not be held liable for them.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

article 9: personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
The Customer is also informed that the collection of his personal data is also necessary for the following purposes
Processing for the execution of a quotation.
9.1 Collection of personal data
The personal data collected on the site www.isabellebrenigart.com are the following:
Account opening
During the creation of the Client / user account:
Name, first name, postal address, telephone number and e-mail address.
Payment
In the context of the payment of the Products offered on the site www.isabellebrenigart.com, the latter records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractors is (are) :
Transport providers
The providers of payment institutions
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
In accordance with the regulations applicable to personal data, Customers and users of the www.isabellebrenigart.com website have the following rights:
They can update or delete their data in the following ways:
by logging into their account, on the account configuration tab.
They can delete their account by writing to the email address indicated in article 9.3 "
Data controller".
They can exercise their right of access to know the personal data concerning them
by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may
request that the information be updated by writing to the address indicated in
Article 9.3 "Data controller".
They may request the deletion of their personal data, in accordance with
applicable data protection laws by writing to the address indicated in article 9.3 "Data controller".
Article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another
other service provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his
The Customer may withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

article 10: intellectual property and copyright

The content of the www.isabellebrenigart.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

article 11: applicable law - language

These TOS and the operations arising from them are governed by and subject to French law.
These TOS have been translated into English. Only the French text shall be deemed authentic in the event of a dispute.

article 12: disputes

For any complaint, please contact the Seller via email as indicated in ARTICLE 1 of these TOS.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also informed that he/she may also have recourse to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these TOS and which have not been settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

annex: withdrawal form

Date:
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.isabellebrenigart.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable TOS.
For the attention of Isabelle BRENIG,
I hereby give notice of withdrawal from the contract for the following item:
- Order Date:
- Order number:
- Customer's name:
- Customer's address: