Terms of sale

1. Purpose and Scope

These General Terms and Conditions of Sale (GTC) govern the sale of products on the bricks-art.com website, which is owned by BRICKS ART, whose legal information is available in the website’s legal notice. Any order placed on the website implies the customer’s unconditional acceptance of these GTC.

2. Products

2.1 Product
Description The kits offered for sale on bricks-art.com are detailed in the product descriptions, which include a complete description of the kit’s contents, its technical specifications, and product images. Each kit is customized based on the customer’s choices, either using their own photos or selections from our catalog of recommendations.

2.2 Availability
Products are generally in stock. However, a particular brick color may occasionally be temporarily out of stock. In such cases, Bricks Art will contact the customer to find an alternative solution (replacement with a similar color or an extended delivery time).

2.3 Customization
The customization process is entirely in the customer’s hands. The customer can upload their own image, adjust the design using our online tool, and preview the final result before confirming the order. Bricks Art assumes no liability for customers’ use of images protected by copyright or any other type of intellectual property rights.

3. Ordering

3.1 Ordering
Process To place an order, the customer must first create a custom kit using our online tool or select a design from our catalog. Once the item has been added to the cart, the customer must provide their contact, payment, and shipping information to finalize the order.

3.2 Order
Modification or Cancellation The terms and conditions for modifying or canceling an order are detailed in our Returns and Refund Policy.

3.3 Order
Confirmation After the order is confirmed, the customer will receive a confirmation email containing the order details. This email serves as proof of the transaction.

3.4 Order
Cancellation Bricks Art reserves the right to cancel and refund any order if the artwork does not adequately represent the brand or if it could negatively impact the brand’s inventory. This decision is at the discretion of Bricks Art, and any order canceled under these circumstances will be refunded in full, including shipping costs.

3.5 Inclusion of Gifts
Bricks Art reserves the right to include gifts with orders on an occasional basis. However, this practice is not systematic, and customers may not demand or claim the receipt of gifts with their order. The inclusion of gifts is at the discretion of Bricks Art.

4. Prices and Payment

4.1 Currency
Prices are displayed in the customer’s local currency, based on the country from which they are connecting.

4.2 Payment
Methods Payment can be made via PayPal, Klarna, Apple Pay, Google Pay, Bancontact, or credit card. These transactions are secured by the Shopify platform, which ensures data confidentiality and security.

4.3 Payment
Security All transactions made on bricks-art.com are secured by Shopify Payments, which uses industry-standard security protocols to protect customers’ financial data.

4.4 VAT and Taxes
The prices displayed on product pages include applicable VAT and any other applicable taxes only for the following countries: France, Luxembourg, Belgium, Italy, Spain, Portugal, the Netherlands, Germany, Sweden, and Finland. 
Bricks Art does not cover taxes or customs duties in countries with specific regulations: Switzerland, Norway, and the United Kingdom. 

5. Shipping

5.1 Shipping
Costs Shipping costs are fixed and clearly indicated at the time of ordering, before payment is confirmed.

5.2 Delivery
Times Delivery times are specified in our Shipping Policy. These times are provided for informational purposes only and may vary depending on the carrier, destination, and time of year. 

5.3 Delivery
Issues In the event of a delivery issue, Bricks Art assumes no liability once the order has been shipped. The customer must contact the carrier directly for any claims, in accordance with the details provided in our Shipping Policy.

6. Cancellation and Returns

6.1 Exclusion of the Right of Withdrawal
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to products that are personalized or made to the consumer’s specifications. Since all products sold on bricks-art.com are personalized, they are therefore excluded from the right of withdrawal.

6.2 Returns and Refunds
Details regarding returns and refunds are specified in our Returns and Refund Policy.

7. Liability

7.1 Seller’s
Liability Bricks Art is responsible for the conformity of the products sold, but its liability is limited to the replacement of missing or defective parts, in accordance with our Returns and Refund Policy.

7.2 Customer
Liability The customer is solely responsible for the use of images uploaded to personalize their products. Bricks Art disclaims all liability in the event of a violation of copyright or any other rights associated with the images provided by the customer.

8. Intellectual Property

8.1 Copyright
Bricks Art disclaims all liability regarding customers’ use of images protected by copyright or other rights. It is the customer’s responsibility to ensure that they have the necessary rights to use the images they upload.

8.2 Ownership of Creations
Creations generated from non-personal images (photos of landscapes, objects, etc.) may be reused by Bricks Art. By placing an order, the customer grants Bricks Art the right to use non-personal creations for potential inclusion in the product catalog or for promotional purposes.

8.3 Use of Creations
Bricks Art reserves the right to add non-personal creations to its product catalog to inspire other customers. No compensation will be owed to the customer for this use.

9. Personal Data

The provisions regarding the collection, processing, and protection of personal data are detailed in our Privacy Policy.

10. Disputes

10.1 Governing
Law These Terms and Conditions are governed by French law. In the event of a dispute, the customer and Bricks Art agree to seek an amicable resolution before taking any legal action.

10.2 Mediation
Bricks Art does not currently offer a mediation service.

10.3 Competent
Jurisdiction In the event of a dispute that cannot be resolved amicably, the competent jurisdiction shall be the court of the location of Bricks Art’s registered office, unless otherwise required by law.

11. Other Provisions

11.1 Amendments to the Terms and Conditions
Bricks Art reserves the right to amend these Terms and Conditions at any time. Customers will be notified of such amendments, and the applicable Terms and Conditions will be those in effect at the time the order is confirmed.

11.2 Force Majeure
Bricks Art shall not be held liable in the event of force majeure affecting its contractual obligations, such as natural disasters, pandemics, or government actions. In the event of force majeure, Bricks Art will notify its customers as soon as possible.

 


Legal Basis

The provisions of these Terms and Conditions comply with French law, in particular:

  • Exclusion of the Right of Withdrawal: In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the consumer’s specifications or that are clearly personalized.

  • Seller’s Liability: In accordance with Article L. 217-4 of the French Consumer Code, the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

  • Applicable Law and Disputes: Article 6 of European Regulation No. 593/2008 on the law applicable to contractual obligations (Rome I) allows for the choice of applicable law, but the consumer may also invoke the mandatory protections provided by the law of their country of residence.

 

Last updated: June 20, 2024