Terms of Sales

Effective as of 05/12/2023

 

These conditions of sale are concluded on the one hand by the individual company L'ART DU PASTEL BY ST whose head office is located at 12 villa des Roissys 92320 Châtillon, registered in the Nanterre Trade and Companies Register under number 952 408 458 hereinafter referred to as “L’ART DU PASTEL BY ST” and managing the sitehttps://www.lart-du-pastel-by-st.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website https://www.lart-du-pastel-by-st.com hereinafter referred to as “the buyer”.

 

Article 1: object

These conditions of sale aim to define the contractual relations between L'ART DU PASTEL BY ST and the buyer and the conditions applicable to any purchase made through the website https://www.lart-du-pastel-by -st.com. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, of which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the sitehttps://www.lart-du-pastel-by-st.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand has full legal capacity, allowing him to commit to these general conditions of sale.

The company L'ART DU PASTEL BY ST retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products and services

The products and services offered are those which appear on the sitehttps://www.lart-du-pastel-by-st.com from the company L’ART DU PASTEL BY ST, while stocks last. The company L’ART DU PASTEL BY ST reserves the right to modify the assortment of products or online services (subscriptions and online training) at any time. Each product and service is presented on the website in the form of a description listing its main functional and technical characteristics. The photographs are as faithful as possible but do not commit the Seller in any way. The sale of products and services such as online training presented on the sitehttps://www.lart-du-pastel-by-st.com is intended for all buyers residing in countries which fully authorize the entry into their territory of these products or remote payment (CB and PayPal) for online services.

The Company draws the Customer's attention to the fact that the Training it offers is likely to evolve and/or be modified over time.

 

In order to have access to the selected Training(s), the Client must proceed to Subscription to the Training(s) concerned on/via the L'ART DU Site PASTEL BY ST, as well as registering on the L'ART DU PASTEL BY ST Site and having, accordingly, provided the information necessary for registration. This information is the name, first name, email address, and home address.

 

When confirming their Subscription to Training, the Customer must (i) confirm the selected Training, (ii) read and accept these General Conditions of Sale then (iii) proceed to pay the cost of their Training according to the terms defined in Article 5 of these General Conditions of Sale.

 

Confirmation of Subscription to Training constitutes full acceptance of these General Conditions of Sale.

 

After confirmation of Subscription to one (or more) Training(s) and payment by the Client of the cost (total or partial) of the selected Training(s), the Client's Subscription to said (or said) Training(s) becomes firm and definitive.

 

A Client's Subscription to Training is personal. Therefore, the Customer cannot under any circumstances share his identifiers with a third party. In the event of non-compliance, the Company has the right to terminate the Contract concluded with the Customer according to the conditions and terms referred to in article 8 of these General Conditions of Sale.

 

The Company confirms to the Client the receipt of their Subscription to one (or more) Training(s) by sending an email to the email address provided by the Client.

 

A Contract is thus concluded between the Company and the Client.

 

Any Subscription to Training with the Company on/via the L’ART DU PASTEL BY ST Site is concluded in French.

 

The Client's co-contractor is the Company.

 

Only people aged at least eighteen (18) years old and with legal capacity can subscribe to one or more Training(s) on/via the L’ART DU PASTEL BY ST Site.

 

The Company advises the Client to save and/or print the contractual documents. In any case, the Client may request these contractual documents in writing, by sending an email to:pastelbyst@yahoo.com

Article 3. Prices

The prices appearing on the product sheets in the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The company L'ART DU PASTEL BY ST reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased depending on the total amount of the order.

The Company L'ART DU PASTEL BY ST does not intervene in any way in the payment of the price of Training by the Client on/via the L'ART DU PASTEL BY ST Site.

 

All possible costs linked to a payment are the responsibility of the Customer.

 

The Company L’ART DU PASTEL BY ST does not collect the banking data of its Customers.

 

In the event of non-payment by the Customer, the Company is entitled to terminate the Contract concluded with the Customer according to the conditions and terms referred to in article 8 of these General Conditions of Sale.

 

Article 3.1.Promotions

 

The Company is free to set up promotional offers regarding the conditions (in particular pricing) of one or more Training(s) that it offers on/via the L'ART DU PASTEL BY ST Site (hereinafter one (or several) “Offer(s)”)

 

The Company draws the attention of its (future) Customers to the fact that such Offers may be for a fixed period.

 

Therefore, in the event that the Customer does not subscribe to the Offer during the indicated period, the latter will under no circumstances be able to claim the terms and conditions of said Offer.

 

Subscription to an Offer means confirmation by the Customer of their subscription to the Offer before its expiration period.

 

Any Subscription to an Offer proposed by the Company on/via the L’ART DU PASTEL BY ST Site is firm and definitive.

 

Terms and conditions for monitoring Training.

The Training offered by the Company consists of digital training.

 

These Training Courses and their tutorials are accessible at any time on/via the L’ART DU PASTEL BY ST Site.

 

The Company draws the attention of the Client, who accepts it, to the fact that it does not provide the Client with any material or immaterial means to follow the Training and tutorials they contain.

 

Therefore, the Client accepts and acknowledges in advance that the Subscription to a Training only allows him to have access, for the duration indicated therein and for a determined price, to the Training provided (i.e. the tutorials included in the Training ) by the Company on/via the L’ART DU PASTEL BY ST.

 

Consequently, the Subscription to a Training does not include and/or does not include and cannot under any circumstances include or include, in particular (this list is not exhaustive):

 

The provision by the Company of the equipment necessary for practicing painting and drawing with dry pastel (brushes, paints, canvases, etc.);

The provision by the Company of computer equipment allowing the Client to follow the Training provided on/via the L’ART DU PASTEL BY ST Site;

or

 

the provision of intangible means, such as an internet connection, an internet subscription, etc.

In this regard, the Client assures and guarantees that the Company has all the necessary and sufficient material to follow the Training(s) to which he/she has subscribed.

 

The Company refers the Customer to the General Conditions of Use for more information on this subject.

 

Firm and definitive nature of the subscription to Training & A Customer's Right of Withdrawal.

Any Subscription to Training is firm and definitive.

 

 

Article 4. Order and payment terms

Before any order, the buyer must create an account on the site https://www.lart-du-pastel-by-st.com. The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. The company L’ART DU PASTEL BY ST offers the buyer the opportunity to order and pay for their products in several stages, with 3 payment options to choose from:

- Payment by check: the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of their choice: “Payment by check”. Finally, the last step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of their order. In order to finalize their payment and trigger the processing of their order, the buyer must print this order form, accompanied by their check made payable to “L’ART DU PASTEL BY ST” to the following address: ART DU PASTEL BY ST, 12 villa des roissys 92320 Châtillon. No cash payments should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the buyer will be informed by email. The company L'ART DU PASTEL BY ST will ship the products no earlier than 2 working days after cashing the check corresponding to the order, subject to provisions.

- Payment by bank transfer: the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of their choice: “Payment by transfer”. Finally, the last step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of their order. In order to finalize their payment and trigger the processing of their order, the buyer must contact their bank in order to make the transfer corresponding to the amount of their order to the bank account of L'ART DU PASTEL BY ST, whose contact details are provided to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by email. The company L'ART DU PASTEL BY ST will ship the products no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

- Secure payment by Paypal or bank card (via the PAYPAL system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or provides news. Then, shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of their choice: “Payment by Paypal”. The next step asks them to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites them to validate their order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely enter their Paypal account or personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may request the cancellation of the card payment, the sums paid will then be recredited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank, within 70 days following the transaction, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the holder. No costs for returning the sums may be charged to the holder.

Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company L'ART DU PASTEL BY ST will send him by e-mail confirmation of the registration of his order.

If the buyer wishes to contact the company L'ART DU PASTEL BY ST, he can do so either by post to the following address: L'ART DU PASTEL BY ST, 12 villa des roissys 92320 Châtillon; or by email to the following address: pastelbyst@yahoo.fr.

 

Article 5. Reservation of ownership

The company L'ART DU PASTEL BY ST retains full and complete ownership of the products sold until full payment of the price, in principal, fees and taxes included.

Article 6. Withdrawal

Under article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except return costs.

Article 7. Delivery of products

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste, delivery service with tracking, delivery without signature. Delivery times are given for information purposes only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The company L’ART DU PASTEL BY ST will be able to provide the buyer with the tracking number of their package by e-mail. The buyer is delivered to his home by his postman. If the buyer is absent, he will receive a delivery notice from his postman, which allows him to collect the products ordered from the nearest post office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company L'ART DU PASTEL BY ST. The buyer is required to check, in the presence of the Post Office employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Guarantee

All products supplied by the company L’ART DU PASTEL BY ST benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the company L'ART DU PASTEL BY ST which will take it back, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by post to the following address: L'ART DU PASTEL BY ST, 12 villa des roissys 92320 Châtillon, within thirty days after delivery.

Article 9. Liability

The company L'ART DU PASTEL BY ST, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.

Article 10. Intellectual property

All elements of the site https://www.lart-du-pastel-by-st.com are and remain the intellectual and exclusive property of the company L’ART DU PASTEL BY ST. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site, whether in the form of a photo, logo, visual or text, without having been authorized to do so.

Article 11. Personal data

The company L'ART DU PASTEL BY ST undertakes to preserve the confidentiality of the information provided by the buyer, which he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: L’ART DU PASTEL BY ST, 12 villa des roissys 92320 Châtillon.

Article 12. Dispute resolution

These distance selling conditions are subject to French law. For all disputes or disputes, 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 terminating the dispute between him and a professional. ". This covers disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between a consumer and a professional.

 

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.

 

SAS Médiation Solution can be contacted directly at the following address:

 

Mediation Solution

222, chemin de la bergerie

01800 SAINT JEAN DE NIOST

 

All information relating to SAS Médiation Solution is accessible on its websitehttps://sasmediationsolution-conso.fr/. The mediator can be reached at the following email address:contact@sasmediationsolution-conso.fr.

 

In the event that the dispute persists and the Customer is a consumer within the meaning of the Consumer Code, the Customer may seize, by application of the provisions of article R. 631-3 of the Consumer Code, either one of the territorially competent courts under the code of civil procedure, i.e. the jurisdiction of the place where he resided at the time of the  conclusion of the Contract or the occurrence of the damaging event.

 

 

 

 

CGU

 

Terms of Service

 

Effective as of 05/12/2023

 

 

The purpose of these general conditions of use (known as “CGU”) is to provide a legal framework for the terms of provision of the site and services by L’ART DU PASTEL BYS ST  and to define the conditions of access and use of the services by the “User”.

 

The host of the site L’ART DU PASTEL BY ST, accessible at the address “https://www.lart-du-pastel-by-st.com/” and at the address https://www.enseignement -the pastel drawing sec.com is the company Wx.com France SAS, a simplified joint stock company – registered under SIREN 903439388, has been active for 1 year. Based in PARIS (75008), it specializes in the internet portals sector. Societe.com lists 1 establishment  as well as 2 agents since the start of its activity, the last notable event of this company dates from 08-29-2022. Menashe SHEMESH is president and Nir ZOHAR is general manager of the company WIX.COM FRANCE SAS.

 

The Member can obtain all the information relating to the Training offered by the Company L'ART DU PASTEL BY ST  directly via the L'ART DU PASTEL BY ST Site or by email to the email address: pastelbyst@yahoo.com

 

 

These T&Cs are accessible on the site under the “CGU” section.

 

Any registration or use of the site implies acceptance without any reservation or restriction of these T&Cs by the user. When registering on the site via the Registration Form, each user expressly accepts these T&Cs by checking the box preceding the following text: “I acknowledge having read and understood the T&Cs and I accept them”.

In the event of non-acceptance of the T&Cs stipulated in this contract, the User must renounce access to the services offered by the site.

https://www.lart-du-pastel-by-st.com   reserves the right to modify unilaterally and at any time the content of these T&Cs.

​

ARTICLE 2: Access to the site

 

The site https://www.lart-du-pastel-by-st.com allows the User free access to the following services:

The website offers the following services:

sale of online training, production and sale mainly of online audiovisual educational content, coaching, electronic books, partnership, editorial and graphic design services on all types of media, sale of derivative products in the aforementioned fields.

The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are their responsibility.

 

The non-member User does not have access to the reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the Member User undertakes to provide sincere and accurate information concerning their marital status and contact details, in particular their email address.

To access the services, the User must then identify themselves using their username and password which will be communicated to them after registration.

Any regularly registered Member User may also request unsubscription by going to the dedicated page in their personal space. This will be effective within a reasonable time.

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, does not engage the responsibility of https://www.lart-du-pastel- by-st.com. In these cases, the User thus agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.

The User has the possibility of contacting the site by electronic mail at the publisher's email address communicated in ARTICLE 1.

 

Article 2.1: conditions of accessibility to the services offered by the companyArticle

Conditions of accessibility to the Services offered by the Company via the L’ART DU PASTEL BY ST Site and others

 

In order to access all or part of the Services offered on the L'ART DU PASTEL BY ST Site, the Visitor must register in order to become a Member within the meaning of these General Conditions of Use.

 

The Visitor accepts and acknowledges that he will only be able to have access to certain of the functionalities and/or to all or part of the Services offered by the Company by (i) becoming a Member within the meaning of these General Conditions of Use and, consequently , by registering on the L'ART DU PASTEL BY ST Site and subscribing to one (or more) of the Training courses offered by the Company.

 

The Registration process on the L’ART DU PASTEL BY ST Site includes the following steps (hereinafter the “Subscription”):

 

the Visitor completes the online Registration form via the L'ART DU PASTEL BY ST Site and provides the following information: his or her last name, first name, postal address, email address (“Registration Data”);

the Visitor reads and validates these General Conditions of Use, the Confidentiality Policy, as well as the Company's General Conditions of Sale;

the Visitor validates the Registration form and Subscribes to the Training;

The Visitor receives an email confirmation of their Registration and subscription to the selected Training at the email address they have provided.

The Visitor must then click on the link in the body of the email sent to him by the Company in order to definitively validate his Registration, unless he is already a customer of training on the L'ART DU PASTEL BY ST Site. The Visitor then becomes a Member within the meaning of these General Conditions of Use and has a Member Account allowing him to have access to the Training to which he has subscribed.

The Registration Data will be collected, processed and analyzed by the Company according to the terms defined in the Privacy Policy. The collection and processing of this Registration Data allows the Company to differentiate between each Member / Customer of the L'ART DU PASTEL BY ST Site.

 

The Registration Data which is provided by the future Member when registering on the L'ART DU PASTEL BY ST Site must be sincere and true. No Registration will be taken into account by the Company if the fields marked as mandatory are not completed. The Company reserves the right to request any supporting documentation regarding the Registration Data provided and/or provided by each Visitor and/or Member, before and/or after validation of their Registration. In the event of modification of any of the Registration Data, the Member undertakes to update the data(s) concerned as quickly as possible. In the event of default, the Member will not be able to hold this against the Company in any way.

 

It is recalled that any person making a false declaration for themselves or for others is liable, in particular, to the sanctions provided for by article 441-1 of the Penal Code, providing for penalties of up to three years in prison. imprisonment and a fine of 45,000 euros.

 

Each Member accepts and acknowledges being solely responsible for the preservation and confidentiality of the password they choose during their Registration. He undertakes to take all useful and necessary measures to ensure the confidentiality of his password. The Member therefore undertakes, in particular, not to communicate his password to any third party. The Member is deemed to be the author and/or at the origin of any use of his Member Account and of any solicitation and/or subscription to one or more Service(s) offered by the Company on the L'ART DU PASTEL Site. BY ST. Each Member is solely responsible for the use of their Member Account, and for its consequences, of whatever nature, on the L’ART DU PASTEL BY ST Site.

 

In the event of communication of his password to a third party, whatever the cause and/or whether or not the Member is at the origin and/or fraudulent use of his Member Account, the Member is invited to inform the Company immediately, by email, at the address: pastelbyst@yahoo.com

 

A Member can only have one Member Account on the L’ART DU PASTEL BY ST Site. From then on, each Member undertakes to the Company not to make multiple registrations in order to have several Member Accounts on the L'ART DU PASTEL BY ST Site. Any failure by a Member to comply with this paragraph may result in the suspension and/or permanent deletion of their Member Account by the Company L'ART DU PASTEL BY ST and all the Information and/or data associated with it.

 

Article 4.4 Refusal, suspension and interruption of access to the L’ART DU PASTEL BY ST Site

 

The Company reserves the right to suspend, interrupt, refuse or remove access to all or part of the L'ART DU PASTEL BY ST Site to a Member, for any reason whatsoever and in particular for technical and/or operational reasons. , maintenance and/or upgrade, security or even due to the use made by the Member of one (or more) of the Service(s) offered by the Company.

 

The Company is in no way responsible for the consequences that may arise from these suspensions, interruptions and/or deletions of access to the L'ART DU PASTEL BY ST Site for the Member.

 

Furthermore, the Company reserves the right to terminate the publication of the L'ART DU PASTEL BY ST Site on the Internet at any time. In such a case, the Company will inform each Member as soon as possible.

 

Article 4.5 Obligations of the Member regarding the Services offered

 

Each Member undertakes to use the Services offered by the Company, and more generally, the L'ART DU PASTEL BY ST Site, in accordance with these General Conditions of Use and the regulations in force.

 

Each Member assures and guarantees to the Company that he will not use, by any means whatsoever, the Services offered by the Company, and more generally, the L'ART DU PASTEL BY ST Site and/or his information for illegal, illegitimate, criminal, contrary to good morals, immoral and/or fraudulent purposes. The Company reserves the right to suspend, temporarily or permanently, a Member's access to the L'ART DU PASTEL BY ST Site in the event that this Member does not respect this commitment.

 

The Company also reserves the right to take any action against a Member, including legal action, in order to obtain compensation for damage, of whatever nature, that it may suffer due to the Member.

 

ARTICLE 5 INTELLECTUAL PROPERTY

 

The Company is the holder and owner of all necessary rights, in particular intellectual property (such as copyright, neighboring rights, trademark rights, rights of database producers) relating to the Site, its structure and its contents. (such as images, sounds, videos, photographs, logos, brands, graphic elements, tools, software, documents and all other data).

 

Each Visitor and/or Member accepts and acknowledges that the right granted to him by the Company to access, visit, browse and/or use the Site does not confer on him any property rights, in particular intellectual, relating to the Site L'ART DU PASTEL BY ST Each Visitor and/or Member accepts and acknowledges that the right conferred on him by the Company to access, visit, browse and/or use the Site is not grants it no property rights, particularly intellectual, relating to the Site and/or any of its contents, whatever its nature. Therefore, acceptance of these General Conditions of Use does not imply any assignment, transmission and/or authorization, and without this list being exhaustive, to use, exploit, distribute, adapt, represent , and/or to reproduce, in any way, the elements and/or content, of whatever nature, of the L'ART DU PASTEL BY ST Site (and in particular the tutorials contained in a Training).

 

The only right conferred on the Client by virtue of their Registration and/or Subscription to Training is the right to have access to said Training and its content during the duration of the Contract.

 

The brand “L’ART DU PASTEL BY ST” is a registered trademark. Any total or partial reproduction of this brand and/or its logos without the prior written authorization of the Company is prohibited. Any unauthorized reproduction of this brand, logos and distinctive signs constitutes an infringement punishable by criminal sanctions. The offender is exposed to civil and criminal sanctions and in particular to the penalties provided for in articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

 

ARTICLE 6 LIABILITY AND SANCTIONS

 

Article 6.1 Failure of the Member to fulfill any of its obligations

 

In the event of failure, partial or total, direct or indirect, by a Member of any of its obligations under these General Conditions of Use and/or execution of an action prohibited by these General Conditions of Use, or for any other reason that the Company considers justified, in particular due to infringements of the rights, of whatever nature, of the Company, Partners, other Members and/or Third Parties, the Company will be entitled to suspend, partially or totally, temporarily or definitively, the Member's access to the L'ART DU PASTEL BY ST Site, with or without notice and without the Member being able to claim any compensation or invoke any prejudice. , direct or indirect, against the Company.

 

Each Member insures and guarantees the Company against any recourse, demand and/or claim of any nature, and in particular claims for damages, that one (or more) third parties, one (or more) other Member(s) ) may bring proceedings against the Company for its use, in any manner whatsoever, of the Services offered by the Company, and in general for its use of and/or navigation on the Site L’ART DU PASTEL BY ST. Each Member assures and guarantees to the Company that he will bear all the consequences, in particular financial, resulting from his use or navigation of the L'ART DU PASTEL BY ST Site and the Services offered by the Company which would infringe the rights of the Company, one (or more) Partner(s), one (or more) other Member(s) and/or one (or more) Third Parties.

 

The Company also reserves the right to take any action against said Member, including legal action, in order to obtain compensation for damage, of whatever nature, that it may suffer as a result of said Member.

 

Article 6.2 Liability linked to the use of the L’ART DU PASTEL BY ST Site

The Visitor and/or Member accepts and acknowledges connecting, browsing and/or using the Services offered by the Company, and more generally, the L'ART DU PASTEL BY ST Site, at their own risk.

 

The Visitor and/or Member accepts and acknowledges that he/she cannot in any way hold the Company responsible for damages and/or harm, of whatever nature, direct or indirect, that said Visitor or Member may suffer. , for any reason whatsoever, and which may be linked in particular to the connection, access, use and/or operation of the L'ART DU PASTEL BY ST Site.

 

In particular, this concerns harm and/or damage that may arise from inaccurate information, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, viruses, whatever they may be. the origin, intrusions by third parties, and more generally the use of the Services offered by the Company, and more generally the L'ART DU PASTEL BY ST Site or the impossibility of using it.

 

Article 6.3 Liability related to content and intellectual property

 

Each Member acknowledges having read the technical characteristics of the equipment to be used to benefit from the Services offered by the Company and to be able to use the L’ART DU PASTEL BY ST Site.

 

Each Member accepts and acknowledges that all information, elements, content, files, software and materials offered by the Company on the L’ART DU PASTEL BY ST Site are protected by French and international laws concerning intellectual property and copyright.

 

Each Member assures and guarantees that he will not attempt to use, transmit, exploit and/or reproduce, in any way whatsoever, the data, information, elements, structure and/or contents of the Site. ART DU PASTEL BY ST and/or linked, directly and/or indirectly, to the L’ART DU PASTEL BY ST Site.

 

Each Member accepts and acknowledges that any act on his part which infringes the rights of the Company, in particular the Intellectual Property Rights of which the Company is the owner or holder, is likely to incur liability.

 

Article 6.4 Liability related to viruses

 

The Company invites the Visitor and/or Member to check that any file transmitted, recorded and/or coming from the L’ART DU PASTEL BY ST Site does not contain any computer virus.

 

The Company does not guarantee the Visitor and/or Member against the absence of viruses within the L’ART DU PASTEL BY ST Site. The Company undertakes to implement the necessary and reasonable means to guarantee the Visitor and/or Member the absence of computer viruses on the L’ART DU PASTEL BY ST Site.

The Visitor and/or Member assures and guarantees to the Company that he will not record and/or transmit, in any way, files, of any nature whatsoever, which contain computer viruses and /or programs that destroy data linked, in any way, to the L'ART DU PASTEL BY ST Site. The Visitor and/or Member assumes liability in the event of failure, even partial, to comply with this obligation.

 

ARTICLE 7 LIABILITY FOR THE CONTENTS OF THE SITE L’ART DU PASTEL BY ST

 

The Company provides all content (such as images, sounds, videos, photographs, logos, brands, graphic elements, tools, software, documents and all other data) without warranty of any kind.

 

Use of the L’ART DU PASTEL BY ST Site and the Services offered by the Company is at the Visitor’s and/or Member’s own risk.

 

The Company implements all necessary and reasonable means to offer Visitors and/or Members available tools and/or reliable information and/or content. However, the Company and/or its Partners cannot guarantee Visitors and/or Members the accuracy, completeness and/or timeliness of the information and/or content provided, in particular by Members, as well as the availability of these elements. and tools.

 

 

ARTICLE 3: Data collection

 

The site ensures that the User collects and processes personal information while respecting privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

 

 

Under the Data Protection Act, dated January 6, 1978, the User has the right to access, rectify, delete and oppose their personal data. The User exercises this right:

·         by email to the email address pastelbyst@yahoo.com

·         by post to 12 villa des roissys 92320 Châtillon;

·         via a contact form;

·         via their personal space;

 

ARTICLE 4: Intellectual property

 

The brands, logos, signs as well as all the contents of the site (texts, images, sound, etc.) are subject to protection by the Intellectual Property Code and more particularly by copyright.

 

The L’ART DU PASTEL BY ST brand is a registered trademark. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.

 

The User must request prior authorization from the site for any reproduction, publication, copy of the various contents. It undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.

 

Any total or partial representation of this site by any means whatsoever, without the express authorization of the operator of the website would constitute an infringement punishable by article L 335-2 et seq. of the Intellectual Property Code.

 

It is reminded in accordance with article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes protected content must cite the author and his source.

 

ARTICLE 5: Liability

 

The sources of the information published on the site https://www.lart-du-pastel-by-st.com  are deemed reliable but the site does not guarantee that it is free from defects, errors or omissions.

 

The information communicated is presented for informational and general purposes without contractual value. Despite regular updates, the site https://www.lart-du-pastel-by-st.com  cannot be held responsible for the modification of administrative and legal provisions occurring after publication. Likewise, the site cannot be held responsible for the use and interpretation of the information contained on this site.

The User ensures to keep his password secret. Any disclosure of the password, whatever its form, is prohibited. He assumes the risks linked to the use of his username and password. The site declines all responsibility.

The site https://www.lart-du-pastel-by-st.com  cannot be held responsible for possible viruses which could infect the computer or any computer equipment of the Internet user, following use, access, or downloading from this site.

 

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

 

ARTICLE 6: Hypertext links

 

Hypertext links may be present on the site. The User is informed that by clicking on these links, he will leave the site https://www.lart-du-pastel-by-st.com. The latter has no control over the web pages on which these links lead and cannot, under any circumstances, be responsible for their content.

 

ARTICLE 7: Cookies

 

The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software.

 

Cookies are small files temporarily stored on the hard drive of the User's computer by your browser and which are necessary for the use of the site https://www.lart-du-pastel-by-st.com . Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.

 

The information contained in cookies is used to improve the site https://www.lart-du-pastel-by-st.com.

 

By browsing the site, the User accepts them.

The User must, however, give consent to the use of certain cookies.

In the absence of acceptance, the User is informed that certain functionalities or pages may be refused.

The User can deactivate these cookies using the settings in their browser software.

 

ARTICLE 8: Publication by the User

 

The site allows members to publish the following content:

Sharing photo of painting and drawing of pastel and mixed media and comment.

 

In his publications, the member undertakes to respect the rules of Netiquette (rules of good internet conduct) and the rules of law in force.

 

The site can exercise moderation on publications and reserves the right to refuse their posting online, without having to justify this to the member.

 

The member remains the owner of all of his intellectual property rights. But by publishing a publication on the site, he cedes to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute his publication, directly or by an authorized third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. The Member transfers in particular the right to use his publication on the internet and on mobile telephone networks.

 

The publishing company undertakes to include the member's name near each use of its publication.

 

Any content posted online by the User is their sole responsibility. The User undertakes not to post content online that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.

 

User content may be deleted or modified by the site at any time and for any reason, without notice.

 

ARTICLE 9: Applicable law and competent jurisdiction

 

French legislation applies to this contract. In the event of no amicable resolution of a dispute arising between the parties, the French courts will have sole jurisdiction to hear the matter.

For any questions relating to the application of these T&Cs, you can contact the publisher using the contact details listed in ARTICLE 1.