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The Pop Art Store
MENTIONS LÉGALES
Onedayart acts on its website www.onedayart.com (hereinafter, the "Website") of which it is the publisher, a service allowing major buyers (hereinafter, the "Buyer (s)" ), after registration, to purchase products offered on the website catalog (hereinafter, the "Product (s)") under the conditions established in the General Terms and Conditions of Sale of the Website (hereinafter , the “General Conditions of Sale”) that he accepts when placing his order, these being directly available on the Website (hereinafter, the “Service”).
The Products offered on the Website are new products and are offered at a firm price.
By using the Service, the Buyer agrees to abide by these General Conditions of Use without restriction or reservation. This acceptance is materialized by the action of the Purchaser who checks a box attesting to his acceptance of these General Conditions of Use when registering to benefit from the Service.
Article 1 - Purpose of the General Conditions of Use
The purpose of these General Conditions of Use is to define the conditions under which ONE DAYART provides Buyers with technological tools enabling them to use the Service.
In the event of non-compliance with these General Conditions of Use, or any use contrary to good faith, ONEDAYART reserves the right to interrupt, temporarily or permanently, access to the Service to the Buyer.
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All the clauses of these General Conditions of Use are enforceable against the Buyer.
The invalidity of a contractual clause does not entail the invalidity of the General Conditions of Use, unless this clause was decisive with the consent of one of the parties, namely, the Buyer or the seller taken as the legal person of ONEDAYART, to conclude the sales contract resulting from the use of the Service as part of the purchase of a Product.
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The spontaneous, temporary or permanent non-application by ONEDAYART of one or more clauses of the General Conditions of Use does not constitute a waiver on its part of the other clauses of the General Conditions of Use, which continue to produce their effects.
Article 2 - The Service
2.1 - Description of the Service
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The Service consists of a set of technological tools enabling Buyers to register on the Website, to order a Product available on the Website catalog, to pay the price of this Product, and to confirm receipt of this Product. The Service is in no way intended to allow the Buyer to resell his Product to ONEDAYART.
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A contractual relationship between ONEDAYART and the Purchaser is established by the sales transactions concluded after the use of the Service by the Purchaser.
2.2 - Access to the Service
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The Purchaser undertakes to access the internet network in compliance with the legislation by, in particular, the conclusion of an internet access provision contract with an internet access provider.
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The Purchaser, by accepting these General Conditions of Use, acknowledges and agrees to engage in exclusively personal use of the Service. Use of the Service is subject to the opening of an account on the Website (hereinafter, the “Account”).
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The opening of this Account is done on a dedicated tab on the Website by providing data allowing the identification of the Buyer and by creating an identifier and a password freely determined by the latter. The Purchaser undertakes that this username and password are kept secret and not to disclose them to a third party and that the information transmitted is accurate.
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Access and use of the Service through the Account is the sole responsibility of the Purchaser, except for proof of fraudulent use thereof. If applicable, the Purchaser cannot be held responsible for any use of the Service contrary to these General Conditions of Use and must immediately inform ONEDAYART in the event of loss, misappropriation or fraudulent use of his identifier and / or his password.
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In the event of modification of the information transmitted for the opening of the Account, the Purchaser undertakes to modify this information, on his account, within a reasonable time.
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2.3 - Price of the Service
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The opening of the Account by the Buyer is free. The free operation is independent of all possible costs related to the connection to the Internet network.
No purchase obligation is incumbent on the Purchaser when using the Service.
Only the actual purchase of a Product by the Purchaser, after placing and confirming his order, obliges him to pay the price of the Product and this under the conditions defined in the General Conditions of Sale.
Article 3 - Personal data
Any personal data concerning the Purchaser is processed by ONEDAYART, in its capacity as publisher of the Website and responsible for processing such personal data.
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These personal data are necessary for the identification of the Purchaser and for the proper use of the Service, in particular with regard to the delivery and payment of the Product and will only be used for this purpose.
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In accordance with the Data Protection Act, the Buyer benefits from a right of access, rectification, a right to the portability of his personal data, and a right to be forgotten. In order to exercise their rights, the Buyer can contact ONEDAYART at the following address: info@onedayart.com
Marketing Text and Notifications (if applicable): By entering your phone number at checkout and initiating a purchase, subscribing through our subscription or keyword, you agree that we may send you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. Marketing text messages will not exceed X per month. You can unsubscribe from any other text message by clicking on the unsubscribe link. Sending text messages or using automated systems requires that you transmit the phone numbers or names of recipients to our importer. We will store and use this data to show you the analysis and results of the campaign, including message delivery status, sending status, and in some cases whether the purchase resulted in a sale.
If you decide to use our link shortener in text messages, we will collect information about whether or not the link has been clicked and use it to display the results in your analyzes. Any other third party service that you may decide to use outside the scope of smsbump.com (third party link shortener, GA tracking, etc.) you will be referred to their specific third party policies which you must agree to. When sending text messages, we will pass the data on to our text message operator for delivery. Information is only shared with our operator when initiating a marketing campaign. If your recipients no longer wish to receive messages, they should reply to the message with STOP or contact us at the email address below so that we can successfully unsubscribe them.
Article 4 - Intellectual property
All documents, texts, descriptions, comments, images, illustrations, works and works reproduced or represented on the Website are protected by copyright under intellectual property rights for the duration of legal protection and for the entire world. Any reproduction, representation, modification or adaptation, in whole or in part, of the Website and / or all or part of the aforementioned elements is strictly prohibited.
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All the company names, brands and distinctive signs reproduced on the Website are protected under trademark and design law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark holder.
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As such, the use of the Service and, in general, the reading of all the documents mentioned under Article 4 of the General Conditions of Use is reserved exclusively and strictly for personal and private use. , subject to contrary or more restrictive provisions of the intellectual property code.
Article 5 - Liability
Being heard that :
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The responsibility of ONEDAYART towards the Purchaser can not be engaged for facts which are not directly attributable to it and which would not cause direct prejudice to the Purchaser; and
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The responsibility of ONEDAYART can not be engaged either for facts related to the misuse of the Service by the Purchaser or to any fault on his part; and
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Lastly, ONEDAYART cannot be held liable for any facts related to any misuse of the Service or fault attributable to a third party to the Service.
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In addition, in application of law n ° 2004-575 for confidence in the digital economy of June 21, 2004, ONEDAYART cannot be held liable for content made available on the Website by Buyers and Sellers and particularly with regard to comments and assessments of the Products if, after having been informed of the illegality of this content under the conditions provided for by the aforementioned law, ONEDAYART promptly made the content in dispute inaccessible.
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In any event, the Buyer is solely responsible for the use he makes of the Service.
Article 6 - Applicable law
These General Conditions of Use are subject to French law and apply to Buyers residing in a Member State of the European Union other than France, without prejudice to more favorable legislative provisions in that State.