Terms and Conditions
Overview
This website is operated by Mr MARIE Florian. On this website, the terms “we”, “us” and “our” refer to Mr MARIE Florian. This web site and all information, tools and services available from this web site are offered to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products and/or services, you are engaging in our “Service” and agree to be bound by the following terms and conditions, including any additional terms, conditions and policies referenced and/or hyperlinked herein. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, are sellers, customers, suppliers, merchants, and/or content contributors.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
All new features and tools added to this store in the future will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Copyright | All rights reserved
The copyright on all artworks presented on this website belongs at all times to the artist and owner of the website www.gobi-ward.com: Mr MARIE Florian aka Gobi Ward; or where applicable to the respective artists represented on this site.
The owner of the site, Mr MARIE Florian, has the right, or has obtained the rights, to reproduce all the artworks presented on the website in printed or framed form.
All images remain the property of the respective artist(s) represented on this website and no form of reproduction for private use, commercial sales or non-commercial distribution is permitted without the prior consent of the artist(s) and/or website owner.
Your use of this site does not transfer to you any copyright, trademark or other intellectual property rights in the site. The site design, text, graphics and their arrangement, as well as all software compilations, underlying source code and all other elements of the site are protected by the copyright of the respective artist(s) represented on this site.
1 | CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.
2 | TERMS & CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
3 | ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
4 | CHANGES TO SERVICES AND PRICES
Services and prices of our products are subject to change without notice.
We will not be liable to you or any third party for any change in service and/or price.
However, no price changes can be made to items on a previously registered order.
5 | PRODUCTS OR SERVICES
Some products or services may only be available online through the website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Returns Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.
6 | ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address.
If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Returns Policy.
7 | OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the website, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
8 | THIRD PARTY LINKS
Some content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party websites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these third parties.
9 | COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay any compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10 | PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
11 | ERRORS, INACCURACIES AND OMISSIONS
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been changed or updated.
12 | PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating prohibited uses.
13 | EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability and non-infringement.
In no event shall Mr MARIE Florian, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs or any other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or made available through the service, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
14 | COMPENSATION
You agree to indemnify, defend and hold Mr. Florian MARIE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third-party.
15 | DISSOCIABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
16 | TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
17 | ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
18 | APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any separate agreement by means of which we provide you with Services, shall be governed by and construed in accordance with the laws in force in France. These terms and conditions are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
19 | WARRANTY INFORMATION
The customer is informed of the following legal guarantees:
The guarantee against defects in the goods sold, as set out in articles 1641 to 1649 of the French Civil Code: Mr MARIE Florian guarantees the Customer against any hidden defects in the goods sold which render them unfit for their intended use, or which impair this use to such an extent that the Customer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them. The Customer will have the option of returning the goods sold and being reimbursed for the sale price and the costs incurred by the sale, or keeping the goods sold and being reimbursed for part of the price. The warranty does not cover apparent defects of which the customer could have been convinced by himself. Warranty claims must be brought within two years of discovery of the defect, and no later than five years from the date of sale.
The legal guarantee of conformity set out in Articles L.217-4 to L.217-14 of the French Consumer Code: Mr MARIE Florian guarantees the customer for defects in conformity that appear within two years of delivery of the goods sold and that existed on the day of delivery. A lack of conformity is defined as any defect that renders the goods unfit for the use usually expected of similar goods, and in particular a lack of correspondence with the description given by Mr MARIE Florian or a lack of quality that the Customer was legitimately entitled to expect with regard to the statements made by Mr MARIE Florian. Defects in conformity also include the fact that the goods sold do not have the characteristics defined by mutual agreement between the Customer and Mr. MARIE Florian, or their inability to satisfy a specific use stated by the Customer and accepted by Mr. MARIE Florian. Defects in conformity that appear within 24 months of delivery if the goods sold are new, or within 6 months of delivery if the goods sold are second-hand, are presumed to exist on the date of delivery. The Customer may choose between repair and replacement of the goods sold, unless this choice would entail a manifestly disproportionate cost, in which case Mr MARIE Florian may proceed according to the method not chosen by the Customer. By derogation, the Customer may either return the goods and obtain a refund of the purchase price and related costs, or keep the goods and obtain a refund of part of the purchase price in the following cases (limitative list): repair and replacement impossible, solution chosen by the Customer impossible within one month, solution chosen by the Customer involving a major inconvenience given the nature of the goods and their intended use. Excluded from the warranty are defects of which the Customer was aware or could not have been unaware, and defects originating in a material supplied by the Customer.
Coordinates of the seller guaranteeing the conformity of the goods to the contract:
The gobi-ward.com website is under the control of Mr MARIE Florian, a sole trader Artist-Author, whose head office is located at 256 C rue de Nantes, 35136, St-Jacques de la Lande, France.
You can contact the operator at the following e-mail address: hello@gobi-ward.com
When acting under the legal warranty of conformity, the consumer has a period of two years from the date of delivery of the goods to take action, and may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
The consumer does not have to prove the existence of a lack of conformity for a period of twenty-four months following delivery of the goods. For goods sold second-hand, this period is twelve months.
The legal warranty of conformity applies independently of any commercial warranty.
The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
20 | CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. The General Terms and Conditions of Sale and Use are continuously accessible on the site and prevail over any other version or any other contradictory document. All other provisions are considered null and void.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
21 | CONTACT INFORMATION
Questions concerning these Terms and Conditions should be sent to us by email at: hello@gobi-ward.com