TERMS CONDITIONS

ARTICLE 1 – PURPOSE AND SCOPE

These Conditions of Sale apply, without restriction or reservation to online sales made by the company Shangti STUDIO, SLU, a company incorporated on 1 st December 2016 by deed of Me ROSA MARIA Ferrandiz Esteve under the number 2453 its Protocol and registered in the Andorran Companies Register on December 2, 2016 under number 16772, with registered office at Av. del Ravell, Nau 4 – Planta 1 – Local 1, AD400 La Massana – PRINCIPALITY OF ANDORRA ( ” Seller “), From consumers and non-professional buyers (the Customer) wishing to acquire the products offered for sale on the website www.philippeshangti.com, to the exclusion of all other conditions. They specify in particular the conditions of ordering, payment and delivery of products ordered by Customers. These products are derived art objects and articles created by the artist Philippe SHANGTI.

These General Conditions of Sale are accessible at any time on the Internet site www.philippeshangti.com and will prevail, if necessary, over any other version or any other contradictory document. The version of the General Conditions of Sale applicable to the Customer’s purchase is the one in force on the website on the date the order is placed. Unless proven otherwise, the data recorded in the vendor’s computer system constitutes proof of all transactions concluded with the Customer.

The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the capacity required to contract and acquire the products offered on the website www.philippeshangti.com .

ARTICLE 2 – ORDER

It is up to the Customer to select on the website www.philippeshangti.com the products he wishes to order according to the following methods:

a) Familiarize yourself with these T & Cs, accessible on the website under the heading “general conditions of sale ” .

b) Select the products for which he is interested by filling in a cart.

c) Consult your cart in order to check or, if necessary, modify your selection, check the price of each product and the total amount of its selection, take note of the delivery costs.

d) Validate your cart.

e) Provide their first and last name, address, email address, telephone number.

f) Confirm, by checking the appropriate box, that he has read and accepted these GTC.

g) Enter the number of his bank card, its expiration date and the last three figures on the back of it, in proximity ed his signature (un named ed “security code ” or “code CLC ” ).

h) Reply to request for confirmation of the transaction from its own bank, re ç ue on its own mobile phone, providing the latter any information (name of his (her) best (e) ami (e) childhood, etc… ) supposedly known only to him (security standard under the “3D Secure ” protocol , referred to as “verified by visa ” or “MasterCard SecureCode ” ).

i) Check the details of the order, its total price and correct any errors before confirming it by clicking on the “validate your order ” icon .

j) In the moments that follow, the customer will receive an e-mail as acknowledgment of receipt and validation of his order by the seller.

k) The Seller cannot be held responsible for errors made by the Customer when purchasing online.

l) Any order placed on the website www.philippeshangti.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The sale will be considered final after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by email and after receipt by the latter of the full price.

ARTICLE 3 – CONSUMER’S RIGHT OF WITHDRAWAL

3.1. The consumer has a period of seven (7) calendar days from receipt of the product to exercise his right of withdrawal without having to justify reasons, nor to pay a penalty, at the end of an exchange or refund, to provided that the products are returned in their original condition and complete (packaging, accessories, etc.), in packaging ensuring the protection of the product (s) and allowing them to be returned to the market in new condition.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised by electronic mail contact @ philippeshangti.com by expressing the desire to withdraw and containing the number of the order.

Returns accompanied by the purchase invoice must be made to the following address: SHANGTI STUDIO, SLU Av. Del Ravell, Nau 4 – Planta 1 – Local 1, AD400 La Massana – PRINCIPALITY OF ANDORRA

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the delivery costs are reimbursed, the return costs remaining the responsibility of the Customer.

The refund will be made within 30 days of receipt by the seller of the products returned by the Customer, using the same means of payment as that used by the Customer for the initial transaction.

3.2. The Customer will however be held liable if he exercises his right of withdrawal improperly. This abuse will be constituted if manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product – manipulations other than those which would be permitted to the consumer in the store – cause deterioration of the product.

ARTICLE 4 – AVAILABILITY OF PRODUCTS

4.1. The products visible on the website are offered for sale while stocks last. The presence of a product on the website at a given time does not imply its availability at a later time.

4.2 The possibility for the Customer to confirm the order of a product is such as to presume its availability in relation to its theoretical stock. However, differences between theoretical stocks and physical stocks may cause the unavailability of an ordered product.

4.3 Likewise, a product can be removed from the website at any time.

4.4 In the event of unavailability or withdrawal of the product ordered after placing the order, the Seller will inform the Customer by e-mail of the delivery of a partial order, of a deferred order, specifying where applicable, the date on which an identical product will be available again or the cancellation of the order. The consumer will remain free to accept or reject any proposal from the Seller (subsequent delivery or delivery of a product of equivalent quality and price). If it is not possible to satisfy the Customer, the product will be refunded to him at the latest within 30 days of his order by crediting the means of payment used during the order.

ARTICLE 5 – PRICE

5.1 All orders, regardless of their place of issue, are payable in euros.

5.2 The products are supplied at the prices in force appearing on the website www.philippeshangti.com on the day the order is registered, after deduction, where applicable, of all discounts, discounts and rebates applicable to the order.

5.3 For sales in the territory, the prices are inclusive of all taxes (TTC) excluding participation in shipping costs . Any change in the general indirecte tax rate (IGI) will automatically be reflected in the prices.

5.4 For sales abroad, the prices are exclusive of taxes. Customs duties or other local taxes or import duties will have to be paid. These rights and sums are not the responsibility of the Seller. They are the sole responsibility of the Customer and are his responsibility.

5.5 These prices are firm and not subject to revision during their period of validity, as indicated on the website www.philippeshangti.com. The Seller reserving the right, outside this period of validity, to modify the prices at any time, without notice notice.

5.6 Whether it is an export abroad or a sale on the territory, the shipping costs will be indicated in the summary of the order before its final validation.

ARTICLE 6 – PAYMENT AND ORDER CONFIRMATION

6.1 The products remain the property of the Seller until full payment has been received.

6.2 The validation of the order entails the obligation for the Customer to pay the price indicated by the total amount of the basket.

6.3 Only online payment by credit card is authorized. Payment is made on the day the order is placed by the Customer by secure payment. The bank cards approved by the banking establishment managing the payments made via the website www.philippeshangti.com are the bank cards on which the mark “CB ” appears as well as the approved cards “CB ” , that is to say bearing the marks “VISA ” or “MASTERCARD ” .

6.4 The Customer’s bank account will be debited at the end of the order validation, the latter being considered effective after confirmation of the agreement of the bank payment centers.

6.5 As soon as payment has been made, the Seller will confirm the order by email. The Customer can print the order confirmation as proof of the transaction.

ARTICLE 7 – VERIFICATION AND SECURITY OF PAYMENTS

7.1 The Seller controls all the orders that have been validated on its website. These controls aim to protect it from possible fraud. To this end, the Seller may restrict or cancel certain sales presenting a potential or proven risk, in particular because of payment incidents or fraud already observed against a bank card and / or its holder.

7.2 To ensure the security of payments, the website uses a secure payment service. This service incorporates the standard SSL security: the confidential data (credit card number to 16 digits and the expiration date, the last three digits on the back of it, in proximity ed his signature (de appointed The “visual cryptogram ” or “CV 2 code ” ) are directly transmitted encrypted on the bank’s server without passing through the physical media of the Seller’s server. This service also includes the safety standard under protocol “3D Secure” , designated under the names “verified by Visa” or “MasterCard SecureCode” : the customer must answer the request for confirmation of the transaction from its own bank received on his own cell phone. After the Customer has confirmed their order, a payment request is routed in real time to the secure electronic payment manager which sends an authorization request to the bank card network. The electronic payment manager delivers an electronic certificate to the Customer which will serve as proof of the amount and date of the transaction.

7.3 In order to fight against fraud, in particular by bank card, the Seller reserves the right to use the Customer’s personal data to contact him, ask him to provide his identity document and, if necessary, cancel the products ordered.

ARTICLE 8 – DELIVERY

8.1 DELIVERY TERMS AND COSTS

The Seller delivers the packages throughout the Principality of Andorra, in Europe and internationally.

Once payment has been received, the products ordered are delivered to the address indicated by the Customer when ordering on the website www.philippeshangti.com.

Packages are sent by French Post or DHL, depending on the product, the country of destination and according to the rates in force which can be viewed on the websites www.laposte.fr and www.correos.es ).

The customer is informed by e-mail of the sending of his package, also indicating:

• that an original invoice including the delivery costs is accessible online on the Site in the “My Account ” section and that a printout of the invoice will be attached to the package (accompanied by the withdrawal form),
• Delivery costs are calculated according to the product, shipping method, the total weight of the order and the delivery address.
• For sales abroad, the invoice in VAT excluding. VAT and customs duties will be billed directly to the customer by the country of destination.By validating his order, the Custome undertakes to pay the VAT and customs duties corresponding to his purchase.
• The tracking number of his parcel.

Delivery costs are calculated according to the shipping method, the total weight of the order and the delivery address.

8.2 DELIVERY TIMES AND DELIVERY DELAYS

Delivery times are working days (excluding Saturdays, Sundays and public holidays).

The products are delivered within 15 calendar days from the date of the order.

The seller undertakes to make his best efforts to deliver the products ordered within the deadlines specified above .

However, these deadlines are communicated for information only. If the products are not delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the Customer’s written request. The sums paid by the Customer will then be returned to him at the latest within 30 days of the date of termination of the contract, to the exclusion of any compensation or withholding.

8.3 DELIVERY CARRIED OUT

All risk of loss or damage to the goods ordered shall pass to Customer at the time Customer or a third party designated by Customer, other than the carrier proposed by Seller, takes physical possession of such goods.

The Customer undertakes to receive the products ordered at the delivery address appearing on the order confirmation email.

The Seller advises the Customer to open the package and check the goods before signing the delivery slip.

The Customer must date and sign the delivery slip if it is presented to him by the carrier. This dated and signed slip constitutes proof of transport and delivery. In the event of the Customer’s absence, he has a period indicated by the carrier to receive his package.

ARTICLE 9 – RESERVE OF OWNERSHIP AND TRANSFER OF RISK CLAUSE

The transfer of ownership of the products sold to the buyer is delayed until full and full payment of their price to the benefit of the company SHANGTI STUDIO, SLU.

Despite this retention of title, the burden of the risk of destruction and / or degradation of the products sold, whatever the cause, weighs exclusively on the buyer as soon as he takes possession of the products.

ARTICLE 10 – CANCELLATION OF ORDERS

10.1. 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.

10.2. In the event of cancellation of the order by the Customer for any reason whatsoever after the formation of the sale, apart from the exercise of the right of withdrawal or force majeure, the total amount of the purchase will remain acquired by the Seller as of damage and interest.

ARTICLE 11 – LEGAL GUARANTEES

11.1. The seller guarantees that the products sold on the website www.philippeshangti.com comply with the standards in force in the Principality of Andorra and have performance compatible with non-professional uses. They present, under normal conditions of use or other reasonably foreseeable conditions, the safety which any consumer can expect and do not endanger human health.

11.2. The products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions: – the legal guarantee of conformity for products which are apparently defective, damaged, or which do not correspond to the order (article 30 of Law 13/2013 , of June 13, relating to competition and consumer protection). Any shipment of products other than those ordered could only be involuntary and exceptional. In case of non-compliance of products deliverd with those ordered, or product defects, the Client will have the choice between replacement of the product (in stocks), repair (provided that its cost is not clearly disproportionate in relation to the cost of its replacement) or its value. This choice will be made in agreement with the Seller. – the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.

11.3. In order to implement the Seller’s guarantee, the Customer must inform the Seller in writing of the non-conformity of the products upon discovery of the existence of hidden defects, and return the defective products in the state in which they were re ç us with all the members (accessories, packaging, instructions …). The Seller may make the replacement of the product, its repair or its reimbursement subject to the return of the original product. Return costs will be borne by the Seller. Refunds for products deemed non-compliant or defective will be made as soon as possible from the seller’s finding of the lack of conformity or the hidden defect using the same means of payment as that used by the Customer for the initial transaction.

11.4. Products modified, repaired or integrated by the Customer or any other person not authorized by the Seller are excluded from the guarantee . The warranty will not cover products damaged due to misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the product, accident or force majeure. The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.

11.5. The Seller is fully responsible towards the Customer for the proper performance of the contract concluded with the customer. However, the Seller cannot be held liable for the non-performance or improper performance of the contract concluded in the event of force majeure, the occurrence of an event attributable to the customer or any inconvenience, unforeseeable and insurmountable damage inherent in the use. the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

ARTICLE 12 – APPLICABLE LAW AND COMPETENT COURTS

These General Conditions of Sale are subject to Andorran law. And all disputes to which the purchase and sale transactions concluded in application hereof could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences (and which could not be resolved between the Seller and the Customer) will be submitted to the courts of the Principality of Andorra.