SCULPTEO : General Terms and conditions

Preamble

These general terms and conditions govern relationships between SCULPTEO, a simplified joint-stock company with a capital of 2,050,000.00 Euros, registered in the Nanterre trade and companies register (RCS) under number 514 971 654, whose head office is situated at 15 rue René Coche, 92170 VANVES, hereinafter referred to as "SCULPTEO" on the one hand, and any individual or corporate entity wishing to make a distance purchase from the SCULPTEO website “http:// www.sculpteo.com”, hereinafter referred to as the “CUSTOMER”, on the other hand.

The parties agree that orders made to SCULPTEO via the Internet will be governed exclusively by these general terms and conditions. SCULPTEO reserves the possibility of modifying its general terms and conditions at any time. In this case, the terms and conditions applicable will be those in force upon the date the order was made by the CUSTOMER. These general terms and conditions prevail over any other general or specific conditions to which SCULPTEO has not expressly agreed.

1. Article 1 – Characteristics of the goods and services proposed
   1. SCULPTEO proposes a personalised 3D reproduction service. Based on an image supplied by the CUSTOMER, SCULPTEO will create a concrete object: interior decoration, figure, robot, miniature, maquette (hereinafter referred to as the “OBJECT”).
   2. SCULPTEO also produces 3D images shown in the catalogue published on the website “http:// www.sculpteo.com” available to CUSTOMERS.
   3. The 3D images shown in the catalogue published on the website “http:// www.sculpteo.com” are as faithful a representation as possible but do not guarantee perfect similarity with the OBJECT (in particular with regards to colour and execution).
2. Article 2 – Price
   1. The prices of the OBJECTS shown on the catalogue published on the website “http:// www.sculpteo.com”, as well as the prices indicated for personalised orders, are given in Euros, including tax. Postage and packing costs should be added. The VAT amount, as well as postage and packing costs, will be indicated on the invoice.
   2. All orders are payable in Euros, whatever the country in which the order is made.
   3. SCULPTEO reserves the right to change its prices at any time. Invoices for the OBJECTS will be drawn up based on the prices in force at the time the order was validated by SCULPTEO, as provided for in Article 4 of these general terms and conditions.
   4. For orders and deliveries made outside of the French territory, but within the European Union, the provisions set out in the French General Tax Code (“Code général des impôts”) with regard to VAT are applicable.
   5. For any delivery outside of EU territory, customs duties and formalities will, unless indication is given to the contrary on the order form, be covered exclusively by the CUSTOMER, who undertakes to verify the possibility of importing the products to the delivery country.
3. Article 3 – Order
   1. CUSTOMERS wishing to purchase an OBJECT available on the “http:// www.sculpteo.com” website catalogue, or wishing to have an OBJECT manufactured based on a model they have designed themselves, must, without fail:
      - fill out the identification sheet on which they indicate all the requested contact details;
      - fill out the online order form, giving all OBJECT references (catalogue reference, size reference, etc.);
      - validate their order after checking that their invoicing address and delivery address are correct;
      - make payment in accordance with the established conditions;
      - confirm their order and payment.
      
   2. Confirmation of the order implies acceptance of these general terms and conditions, recognition that the CUSTOMER is fully aware of these and renunciation by the CUSTOMER of the use of their own purchase conditions or any other conditions.
   3. The CUSTOMER’s “click” on the “validate” button when making the order constitutes an electronic signature between the parties and has the same value as a written signature.
4. Article 4 – Validation of the order
   1. A confirmation email summarising the order (description of the OBJECT, price, manufacturing date, delivery date, etc.) will be sent to the CUSTOMER by SCULPTEO.
   2. The OBJECT sales contract is concluded when SCULPTEO, after having had the possibility of checking the detail of the order and its total price, as well as correcting any errors, has confirmed it. SCULPTEO reserves the right to reject the order and reimburse the CUSTOMER. Reimbursement is made by any means of payment within a 15 day timeframe.
   3. SCULPTEO will send an email confirming its acceptance of the order.
   4. Data recorded and kept by SCULPTEO constitutes proof of all transactions carried out between SCULPTEO and its CUSTOMERS.
5. Article 5 – Availability of objects
   1. If it proves impossible to realise the OBJECT after validation of the order (Article 4 above), SCULPTEO will inform the CUSTOMER of this as soon as possible via email. The CUSTOMER cannot receive any compensation or damages other than simple reimbursement or replacement of the OBJECT, if it has been paid for.
   2. In the case of reimbursement, this will be made, at SCULPTEO’s discretion, by crediting the CUSTOMER’s bank account or by cheque. The deadline for reimbursement will be fifteen days after SCULPTEO has cashed the amounts paid by the CUSTOMER for the order.
   3. SCULPTEO reserves the right to suspend the OBJECT personalisation service at any time for a duration determined by SCULPTEO, or in the event failure in stock of primary materials or breakdown in the equipment used to manufacture the OBJECTS.
6. Article 6 – Delivery of the objects
   1. SCULPTEO will endeavour to ensure that its French deliveries take place within the time periods set out in the email confirming the order and deliveries abroad as soon as possible following receipt of payment for the order. The timeframes indicated upon validation of the order are average usual timeframes and correspond to the time required for handling and delivery.
   2. SCULPTEO undertakes to inform the CUSTOMER of any foreseen delays in delivery.
   3. The OBJECTS will be delivered to the address indicated by the CUSTOMER on the order.
   4. Ownership of the OBJECTS, and the associated risks, will be transferred to the CUSTOMER as soon as they take possession of the OBJECTS.
   5. The transporter should be notified of any eventual reservations at the time the OBJECT is delivered. A copy of these reservations should be sent to SCULPTEO (by email or fax) within 24 hours of these reservations being made. It is up to the CUSTOMER, when sending this information, to provide SCULPTEO with the transporter’s confirmation of the reality of these reservations.
   6. If the OBJECTS are not in compliance with the order, the CUSTOMER should send SCULPTEO a contestation letter or email. The claim should be made within fifteen (15) working days of delivery of the OBJECTS. Any complaint made after this time period cannot be accepted. The OBJECTS must be sent back to SCULPTEO in the same condition as when they were received by the CUSTOMER. Dispatch costs will be at the CUSTOMER’s expense.
7. Article 7 – Payment
   1. Cards accepted for payment are: Carte Bleue, MasterCard and Visa.
   2. Payment is made online directly using the secure payment module on the specialist company PAYBOX SERVICES’s website for card payments or PayPal (Europe) Ltd for “Paypal account” payments. The bank card number and expiry date are encrypted and transmitted to the specialised company PAYBOX or PayPal (Europe) Ltd. Secure services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to SCULPTEO or any third party. In particular, SCULPTEO does not use any technical intermediary for the transmission of payment data. This information will not be reused.
   3. The order amount is debited from the CUSTOMER’s account upon validation of the order by SCULPTEO.
   4. Data recorded and kept by SCULPTEO constitutes proof of the order and of all transactions carried out. Data recorded by the payment system constitutes proof of the financial transactions.
   5. Invoices will be available on the SCULPTEO website in the “Your Account” section.
8. Article 8 – Right of cancellation

   SCULPTEO’s main vocation is to satisfy its CUSTOMERS. SCULPTEO undertakes to do its utmost to meet its CUSTOMERS’ expectations. If you wish to cancel an order or make a comment or criticism about the services proposed by SCULPTEO, you may contact us at the following addresses:

   - By email
   - fax 00 33 (0)1 46 42 67 76
   - or telephone 00 33 (0) 1 83 64 11 22;
   - Postal address:
   

   SCULPTEO
   Customer Service
   15 rue René Coche,
   92170 VANVES France
   

   SCULPTEO makes all OBJECTS to measure. As these are “personalised” products, the right of cancellation can only apply in accordance with the provisions of article L 121-20 of the French Consumer Code. In particular, cancellation is excluded (article 121-20-2, 3rd paragraph) for orders “for the supply of goods made in accordance with customer specifications or clearly personalised”.

9. Article 9 – Quarantee / Liability
   1. SCULPTEO provides its CUSTOMERS with a guarantee that the OBJECTS are manufactured in France, in accordance with French legislation and the applicable French quality and safety standards.
   2. SCULPTEO undertakes to implement all measures to translate CUSTOMERS’ wishes as expressed in the image sent to SCULPTEO for reproduction as faithfully as possible. SCULPTEO also undertakes to implement all measures to manufacture quality OBJECTS in the context of a best effort undertaking.
   3. The OBJECTS benefit from the legal guarantee provided for in articles 1641 and following of the French Civil Code.
   4. SCULPTEO cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the materials used for manufacturing the OBJECT, or if the personalised OBJECT fails to satisfy the CUSTOMER due to his own personal taste.
   5. SCULPTEO may not be held responsible in the event of failure in the stock of primary materials, delay in delivery, strikes (including transport strikes) or force majeure or, in a more general sense, for any event not exclusively and directly attributable to it.
   6. The illustrations shown in the catalogue on the “http:// www.sculpteo.com” website are not contractually binding.
   7. CUSTOMERS access, use and navigate the SCULPTEO website at their own risk.
   8. For all the stages of website access, order processing, delivery or post-delivery services, SCULPTEO is bound only by a best effort undertaking. SCULPTEO may not be held responsible for any inconveniencies or damage inherent to Internet use, in particular service failure, external intrusion, the presence of IT viruses, or any qualified occurrence of force majeure, in accordance with case law.
   9. CUSTOMERS recognise and accept that, within the full scope of the applicable regulations, SCULPTEO cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of harm in question was known to, or could have been foreseen by SCULPTEO). In any event, SCULPTEO’s liability shall be limited to the total amount paid by the CUSTOMER for their current order.
   10. CUSTOMERS transmit their images in the form of a file and undertake not to transmit files containing viruses or programmes which destroy data. CUSTOMERS must keep a copy of the file and SCULPTEO cannot, under any circumstances, be held responsible for the loss or destruction of files transmitted by the CUSTOMER.
10. Article 10 – Intellectual property
    1. The images, drawings, designs, texts, names and logos appearing on the “http:// www.sculpteo.com” website are the property of their authors and are thus protected by intellectual property rights and usage rights held by SCULPTEO and/or creators bound to SCULPTEO by a specific contract (see Specific Conditions).
    2. All CUSTOMERS who send SCULPTEO an image, drawing or design (the “IMAGE”) guarantee that they are the author or holder of all intellectual property rights for this IMAGE and that they have not infringed any intellectual property rights by sending this IMAGE. The CUSTOMER undertakes to indemnify SCULPTEO against any claims by third parties. The CUSTOMER will retain ownership of the IMAGE sent to SCULPTEO. The CUSTOMER grants SCULPTEO a licence for the single use of their IMAGE to carry out their order.
    3. CUSTOMERS have the possibility, if they wish, of granting SCULPTEO the right, free of charge, to use and reproduce their IMAGE in the catalogue appearing on the “http:// www.sculpteo.com” website so that the rights to use their image can be sold to another CUSTOMER for the creation of an OBJECT. To do this, CUSTOMERS choose the “For Sale” sharing mode for their IMAGE). In this case, the CUSTOMER must accept the Specific Conditions, under the terms of which they give SCULPTEO the authority to reproduce their IMAGE on the “http:// www.sculpteo.com” website and to manage, in their name and on their behalf, all aspects of their commercial relationship with another potential CUSTOMER wishing to buy the right to use their IMAGE with a view to having an OBJECT created by SCULPTEO. If a CUSTOMER orders an OBJECT chosen from the catalogue, the CUSTOMER who has created the IMAGE will be paid by the end CUSTOMER for the right to use their IMAGE and SCULPTEO will be remunerated by the IMAGE creator in its capacity as an intermediary, in accordance with the terms defined in the Specific Conditions.
    4. The CUSTOMER also has the possibility of granting SCULPTEO a non exclusive licence for their IMAGE, free of charge, (by choosing the “Public” sharing mode for their IMAGE). This licence gives SCULPTEO the right to produce OBJECTS based on the IMAGE for its other CUSTOMERS in accordance with the same methods as for the CUSTOMER who owns the IMAGE. The CUSTOMER may revoke this licence at any time by modifying the sharing mode for their IMAGE, or by directly erasing it from the catalogue appearing on the “http:// www.sculpteo.com” website. Orders confirmed by SCULPTEO in accordance with the procedure described in Article 5 above before the revocation of the licence will not be affected.
    5. Any reproduction, exploitation or use, whether in France or abroad, of all or part of the “http:// www.sculpteo.com” website and/or any OBJECT for professional use (on whatever basis, even partially) or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by SCULPTEO and constitutes a counterfeiting offence punishable under articles L335-2 and following of the French Intellectual Property Code.
11. Article 11 – Personal data

    In accordance with the French law on Information Technology, Files and Freedoms of 6th January 1978, nominative information relating to CUSTOMERS may be the subject of automated handling.

    SCULPTEO reserves the right to gather information on CUSTOMERS, including through the use of cookies, and, if it wishes, to transmit the information gathered to its commercial partners.

    CUSTOMERS may object to the divulgation of their contact details by informing SCULPTEO. In the same vein, users have a right to access and rectify data concerning themselves in accordance with the law of 6 January 1978.

    The automated handling of data, including the management of website users’ email addresses, was the subject of a declaration submitted to the CNIL (French data protection authority) on 5 January 2010, registered under number 1404840.

12. Article 12 – Settlement of disputes

    These online general terms and conditions are governed by French law.

    The parties will endeavour to resolve any disagreements which may arise between them concerning the interpretation, partial or total execution or non-performance of these general terms and conditions in an amicable fashion.

    The CUSTOMER should contact SCULPTEO as a priority in order to obtain an amicable solution. However, if the parties are unable to settle their disagreement amicably, and insofar as the CUSTOMER is a private individual, the disagreement will be submitted to the mediation of the Internet Rights Forum www.foruminternet.org, in accordance with its mediation regulations.

    The request for mediation must be made electronically using the form available on the http://www.mediateurdunet.fr website or, if the requesting party does not have access to the Internet, by post to the address: Forum des droits sur l’internet, Service MediateurDuNet.fr, 6 rue Déodat de Séverac, 75017 Paris.

    In the case of a professional CUSTOMER, the disagreement will be submitted to a mediator from the Professional Chamber of Mediation and Negotiation (Chambre Professionnelle de la Médiation et de la Négociation - CPMN), due to its professional, independence, neutrality and impartiality guarantees. To submit the case, one of the parties should give the mediator the authority to organise a meeting which the other party must attend within one month of the request. To organise this meeting, the mediator will send a letter with acknowledgement of receipt to each of the parties. The parties will share the costs of involvement of the mediator between them in an equitable manner and undertake to participate in at least one meeting with the mediator, seeking to resolve the dispute using the most appropriate solution, with his/her assistance.

    If the parties cannot come to an agreement, this arbitration clause will be reputed as honoured.

    With no amicable agreement being found, the disagreement will be brought before the competent jurisdiction of the Versailles Appeal Court.

    For more information, contact our Customer Service Department

    - By email
    - fax 00 33 (0)1 46 42 67 76
    - or telephone 00 33 (0) 1 83 64 11 22;
    - Postal address:
    

    SCULPTEO
    Customer Service
    15 rue René Coche,
    92170 VANVES France
    

Last update : March 19 2010