GENERAL CONDITIONS OF SALE AND USE

1. Preamble

These general conditions of sale detailed below govern the contractual relations between any user of the site frenchdesign.textileaddict.me wishing to make a purchase on said site.

The Site is operated by the company TextileAddict, a company registered with the Chambéry RCS under number 852 964 469 and whose head office is located at 6 avenue Jean Jaurès, 73000 CHAMBERY, FRANCE.

TextileAddict offers, via the Site, original designs created by French designers.

TextileAddict ensures the marketing of the Designs through the Site.

These general conditions of use are intended to apply to relations between Customers and TextileAddict.

The General Conditions, which may be revised at any time, apply to all online services.

The services and services offered on the Site are subject to change and TextileAddict may offer additional or new services and services, which will be integrated into the Site and which may, where applicable, be subject to additional, distinct or other terms and conditions of use. supplementary.

The Customer declares to have read and to have expressly and unconditionally accepted these General Conditions of Use in force on the day of access to the Site and undertakes to respect them.

2. Definitions

In the body of the General Conditions, any reference to an Article, Title or Annex is, unless otherwise specified, a reference to an Article, Title or Annex hereto.

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

« Customer » refers to professionals and/or consumers purchasing one or more Designs on the Site.

« Order » means the order of one or more Design(s) by a Customer.

« General conditions » means these general conditions of sale and use.

« Design(s) » refers to the digital content(s) created by the Designer and posted on the Site with a view to its (their) marketing.

« Designer(s) » designates the artist(s) or collectives of French artists submitting Designs on the Platform with a view to their marketing.

« In repeat pattern » means a Design with vertical and horizontal duplication.

« In repeat horizontal pattern » means a Design with horizontal duplication only.

« Placement pattern » means a Design with no duplication.

« Price » means the price at which a Design is offered.

« Site » means https://frenchdesign.textileaddict.me

« Online sales » means the marketing of the Seller’s Goods and Services via the Site. 

In the body of the General Conditions, any reference to an Article, Title or Annex is, unless otherwise specified, a reference to an Article, Title or Annex hereto.

3. Purpose

The purpose of these Conditions is to define the rights and obligations of the parties in the context of the Online Sale of Designs offered for sale by TextileAddict to the Customer.

The General Conditions are applicable and enforceable against the Customer from the date of creation of the customer account.

4. Creation of a customer client

In order to be able to use the Site, consult the Designs presented, and to purchase the Designs, the Customer must create a customer account via a form including their identity and contact details.

The Client undertakes to provide truthful information.

The Customer undertakes to inform TextileAddict of any change in their contact details.

TextileAddict undertakes to use the data collected in this context in accordance with its confidentiality policy.

5. Right to retract

In accordance with articles L121-21 et seq. of the Consumer Code, the Customer has a right of withdrawal which can be exercised within 14 (fourteen) clear days, from the date of payment of the Order.

As an exception, the Customer expressly waives his right of withdrawal before the 14-day period to the extent that the Designs purchased can be downloaded immediately after payment of the Price.

6. Termination

The rights granted under the General Conditions will be automatically terminated if the Customer does not comply with one or more terms hereof. In the event of such termination, TextileAddict will delete the Customer's account without prejudice to any damages that may be claimed by TextileAddict in compensation for its loss.

7. Design Prizes

The Price of the Designs sold is indicated respectively by Design.

At the time of validation of the Order, the Price to pay means the all-inclusive Price.

The validity period of the Prices is determined by updating the Site.

8. Payment terms

Payment of the Price by the Customer is made by credit card.

The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to his bank card, the Customer authorizes TextileAddict to debit his bank card for the amount corresponding to the Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiration date of his credit card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the debit of the Price would be impossible, the Online Sale would be immediately terminated automatically and the order would be canceled.

9. Design downloads

Once the Order has been validated and paid, the Design can be downloaded by the Customer according to the procedure described on the Site.

10. Use of Designs

The Customer benefits from a non-exclusive license to use the Design purchased worldwide and for a period of 10 years. The Online Sale does not give the Customer the right to sublicense the Design.

The Client undertakes to use the Design only for:

• Create physical objects on which the Design is printed;
• Create digital content incorporating Design. In this hypothesis, the distribution of the Design can only be done in a low definition resolution (72 Dpi maximum) and in JPG format.
• The Client may resell physical objects and digital media (72 Dpi max, JPG format) incorporating the Design.

The Design cannot be purchased to be resold as is, for example for the creation of a logo or brand.

The resale of source files or copies by the Customer to third parties is prohibited.

The Design may not be used for illegal or obscene media or content or directly or indirectly affiliate with political or religious organizations.

In the event that a Design is used for journalistic or editorial purposes, the Client undertakes to indicate the author of the Design in the form: "© First Name Last Name © frenchdesign.textileaddict.me"

The Customer may:

• Change Design Colors
• Change the scale of the Design (subject to acquisition of .AI or .EPS vector files)

It is possible to purchase the Design in an Allover, Semi-placed or Placed pattern.

If the Customer chooses to purchase the Allover Design, they can only use it for an Allover design.

If the Customer chooses to purchase the Design in Semi-placed, he can only use it for a Semi-placed design.

If the Customer chooses to purchase the Placed Design, he or she will only be able to use it for a Placed design.

The Client undertakes to ensure compliance with all of the general conditions with its subcontractors and employees, and more generally, with all third parties who may handle or have knowledge of the Design.

He guarantees compliance with the obligations contained herein and may be held liable in the event of a violation by a third party.

11. Non-exclusive licence

No exclusivity is conferred on the Client due to the purchase of a Design. Several Customers can purchase the same Design without TextileAddict being held liable as a result.

12. Affiliation

The Customer will have the option of joining an affiliate program.

If he wishes, he can contact TextileAddict who will provide him with additional information to join the program.

See the General Affiliation Terms

13. Guarantees and reimbursement

The Customer must ensure before purchasing that the Design corresponds to their needs. In particular, the Customer must verify:

• If the format and size of the Design are adequate;
• If the repetition of the Design (Allover, semi-placed or placed pattern) corresponds to the intended use;
• If the number of colors is adequate...

In the event that the Customer has purchased a Design which, ultimately, proves to be unsuitable for the intended use (apart from a technical problem), TextileAddict cannot be held responsible and no action will be taken. no refund.

TextileAddict guarantees that the Design has the characteristics indicated on the Site and that it has the Designer's authorization to market the Design. In the event of a technical problem affecting the Design, the Customer will have 7 days to return to TextileAddict so that the technical difficulty can be resolved. Otherwise, the Design will be considered compliant.

In the event of a connection problem within the framework of a Design acquired in Allover and Semi-placed mode, the Customer will have a period of 7 days to notify TextileAddict of any problem with the repetition of the Design. TextileAddict undertakes to make technical modifications within 30 days of the report. In the event that the repair cannot be carried out, TextileAddict will reimburse the Customer for the Price of the defective Design.

If the technical or connection problem cannot be resolved within 30 days of being reported by the Customer, TextileAddict will reimburse the Customer for the amount of the Price. However, TextileAddict cannot be held responsible.

Likewise, the Customer must ensure before opening the transmitted file that it is not affected by any virus or malware. In the event that a virus, malware, spyware, etc. is detected, the Customer undertakes to inform TextileAddict within 7 days from the date of the Order. After this period, no complaints will be possible. TextileAddict cannot be held liable in the event of contamination of the Client's computers or servers.

In the event of a contaminated file, the Customer must provide proof to TextileAddict who will, upon receipt of said proof, reimburse the Price.

14. Intellectual property

The Client may use the Design in accordance with these General Conditions and in compliance with the copyright of the Design. He undertakes not to modify, truncate... the Design except in the cases listed in these conditions (for example: change of colors)

In the event that the Design violates the intellectual property rights of a third party, the Client will immediately notify TextileAddict. TextileAddict cannot be held responsible for this, the Customer agreeing to carry out appropriate checks before purchasing a Design.

15. Brands 

The “TextileAddict” brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the Site, whether registered or not, are and will remain the exclusive property of TextileAddict. . Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Textile Addict, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of TextileAddict.

16. Confidentiality – Protection of personal data

The information collected is subject to computer processing intended in particular to manage customer accounts, the supply of all goods and services, prospecting and the development of statistics based on service usage data, accounting and the payment of commissions, and for other additional purposes in accordance with the Privacy Policy – personal data.

In accordance with the applicable regulations on the protection of personal data, any person has the rights (i) access, (ii) rectification, (iii) erasure, (iv) limitation, (v) portability of data where applicable and (vi) opposition to processing by contacting the DPO at the following email address: contact©textileaddict.me.

The personal information communicated is recorded in a computerized file.

TextileAddict will only process or use the Customer's data to the extent necessary to contact the Customer, ensure the processing of Orders, create and manage access to online services or carry out statistical studies.

Personal information will be retained for as long as necessary until the services are performed, unless:

• The Customer exercises his right to delete data, under the conditions described below;
• A longer retention period is authorized or imposed under a legal or regulatory provision.

During this period, TextileAddict puts in place all means capable of ensuring the confidentiality and security of personal data, so as to prevent their damage, erasure or access by unauthorized third parties.

Access to personal data is strictly limited to TextileAddict staff and, where applicable, to its subcontractors or partners.

The subcontractors and partners in question are subject to an obligation of confidentiality and may only use the data in accordance with the contractual provisions and applicable legislation.

Apart from the cases set out above, TextileAddict undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the Customer, unless forced to do so for a legitimate reason. (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.).

In accordance with the “information technology and freedoms” law of January 6, 1978 as amended and European Regulation No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018), the Designer benefits from a right of access, rectification, portability and erasure of data or limitation of processing. The Customer may also, for legitimate reasons, object to the processing of data concerning him.

The Customer may, subject to the production of valid proof of identity, exercise his rights by contacting the Data Protection Department at the email address contact©textileaddict.me.

17. Consumer law

In the event that the customer is a consumer within the meaning of French law, he benefits from the following provisions:

(i) Legal guarantee

TextileAddict is subject to the conditions of legal guarantees provided for in articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and in articles 1641 and 1648 of the Civil Code:

Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, instructions assembly or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Art. L. 211-5 of the Consumer Code: “To comply with the contract, the good must:

1° Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or of model;- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good”.

Art. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them.

Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be introduced, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.

The preceding provisions do not exclude the application of the legal guarantee against hidden defects of articles 1641 et seq. of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.

The Customer may exercise these guarantees by sending his request to the following address: contact©textileaddict.me.

When the Customer acts as a legal guarantee of conformity, he:

• will benefit from a period of two years from the delivery of the property to take action;
• may choose between repairing or replacing the goods subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• will be exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.

The guarantee of conformity will apply independently of the commercial guarantee granted.

The Customer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between termination of the sale or a reduction in the price of the item. sale in accordance with article 1644 of the Civil Code.

(ii) Mediation

Under article L. 612-1 of the Consumer Code, “Every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolve the dispute between him and a professional.”

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, involving on the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.

18. Force Majeure

The execution by TextileAddict of its obligations hereunder will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.

When the suspension of the execution of TextileAddict's obligations continues for a period of more than 7 days, the Customer has the option of terminating the current Order and TextileAddict will then reimburse the Order.

19. Confidentiality

TextileAddict and the Client undertake that the content of the General Conditions and all confidential information and data exchanged during their commercial relationship will not be disclosed to third parties.

Termination hereof cannot release the parties from this obligation.

20. Nullity of a Clause of the General Conditions

If any of the provisions of these General Conditions were canceled, this nullity would not result in the nullity of the other provisions of the General Conditions which will remain in force.

21. Independence

Each of the contracting parties retains its independence and autonomy.

22. Complaints, amicable dispute resolution, competent courts and applicable law

TextileAddict and the Customer undertake to try to find an amicable solution in the event of a dispute or the occurrence of a difficulty.

In the event of failure of the amicable attempt, the courts of Chambéry (France) will have sole jurisdiction to hear any disputes which may arise between the parties concerning the conclusion, interpretation or execution hereof with the exception of disputes linked to the rights of intellectual property which will be examined by the Lyon (France) judicial court.

It is expressly agreed that French law governs the stipulations of this contract, both for its conclusion and for its interpretation and its effects.