General terms and conditions of sale
(Translated from French. The French general terms and conditions of sale apply.)
Seller (the Artist): MULLER-FOECHTERLE Pierre-Paul
3 rue Humbret
68000 COLMAR
Alias, Artist name: Pipaul
MDA N°: 35454
APE Code: 9003A
Siret number: 884 289 604 00016
ADAGP Member
Article 1: Purpose
Effective as of 25/02/2025
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller on the website: www.trefondimaginaire.com.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products or Services, carried out on the website, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable terms and conditions are those in force on the date of payment of the order.
The seller also ensures that their acceptance is clear and without reservation by setting a check box and a validation click. The Customer declares that he has read all of these GTC, and where applicable the Special Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs.
The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he undertakes.
Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the websites are indicated in Euros including all taxes and precisely determined on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs.
The Seller reserves the right to change its prices at any time.
The telecommunication costs necessary to access the seller’s websites are borne by the Customer, also the delivery costs in addition to the transport and insurance conditions insured by [Colissimo, Chronopost, DHL, Fedex, Artrans...].
Article 4: Conclusion of the online contract (Order)
The validation of the order by the Customer requires the completion of the purchase tunnel process as part of an order on the website https://www.trefondimaginaire.com In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to complete its order:
The buyer creates his customer area on the site if he has not already done so. To create a customer space, click on the character at the top right of the screen and then click on "my account" («my account») fill in the requested fields and validate
The Customer inquires about the essential characteristics of the Product; Chooses the/the Products, if any, its options - Indicates its essential contact details (identification, email, address...); Accepts these GTC; Verifies the elements of the order and, If applicable, corrects errors. Before proceeding to its confirmation, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel his order.
The confirmation of the order will constitute formation of this contract. Next, follow the instructions for payment, payment of products, then delivery of the order.
The Customer will receive an email confirmation of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. This message contains the order number that must be mentioned at each exchange.
The order becomes final only after receipt of payment.
To order one or more products, you must go to the shop on the page of the product you wish to purchase and click on the “Add to cart” button on the right. To finalize your purchase, click on the «view cart» button on the right or click on the basket icon at the top right of the site and then click on «view cart». And then simply click on “Payment” on the right to start the order process.
The customer will have the opportunity during his order process to identify possible errors in data entry and correct them. The language proposed for the conclusion of the contract is French.
For the delivered products, delivery will be made to the address indicated by the Customer. For the purposes of the proper execution of the order, the Customer undertakes to provide its truthful identification details.
The Seller reserves the right to refuse the order, for example for any request abnormal, made in bad faith or for any legitimate reason.
Article 5: Nature of the Products and services offered
Paintings, drawings, sculptures, reproductions and all derivative products using the artist’s visuals or his brand whether on a physical or virtual medium are grouped under the name «product».
The list and description of the products and services (linked to a subscription plan) offered can be found on the aforementioned website.
All products for sale on the website are offered by the painter Pipaul registered at the house of artists under number: 35454.
This status opens up a tax deduction right for companies in the case of the purchase of original works by a living artist.
The acquisition of a product does not give any right to representation, distribution or reproduction to its purchaser. Only the artist Pipaul keeps his right on his creation. Any use of the visual works must be subject to a request for authorization from ADAGP
The essential characteristics of goods, services and their respective prices are made available to the buyer on the website. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this does not include the shipping costs charged extra. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the subscription service is not executed immediately, a clear information is given on the presentation page of the payment form as well as in these GTC (last article) regarding the delivery dates of the products provided by the subscription service. The customer certifies that he has received details of the delivery costs and the terms of payment, delivery and execution of the contract, as well as detailed information regarding the identity of the seller, his postal address, telephone number and electronic address, and its activities in the context of this sale. The Seller undertakes to fulfill the order of the Customer within the limit of stocks of Products available only. If the Seller fails to do so, it shall inform the Customer.
The contractual information is presented in detail and in French. The parties agree that illustrations or photographs of the products offered for sale have no contractual value. The duration of validity of the offer of the Products and their prices are specified on the website, as well as the minimum duration of the contracts proposed when these relate to a quarterly supply of products linked to a subscription service. Except for special conditions, the rights granted under this agreement are only to the natural person who signed the order (or the holder of the email address communicated).
Article 6: Compliance
The products and services offered for sale through these GTC comply with the applicable requirements relating to safety and health of persons, fair trading and consumer protection.
Article 7: Retention of title clause
The goods remain the property of the seller until full payment of the price.
Article 8: Intellectual property and counterfeits.
M. MULLER-FOECHTERLE Pierre-Paul owns the intellectual property rights and holds the usage rights on all elements accessible on the site, including texts, images, videos, graphics, logo, icons, domain name or generally any information subject to intellectual property rights are and remain the property of the seller. No assignment of intellectual property rights is made through these GTC.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, regardless of the means or process used, must be requested to ADAGP.
Any unauthorised exploitation of the site or any elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Article 9: Delivery Terms
The products are delivered to the delivery address that was indicated during the order and within the time indicated. These times do not take into account the time of preparation of the order.
When the Customer orders several products at the same time, they may have different delivery times.
The Seller recalls that at the moment when the Customer is physically in possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.
Article 10: Delivery shipments
Delivery will be made to the indicated delivery address within 15 business days. This time limit is given for information purposes and may be extended (depending on your place of residence, transport conditions, climatic conditions, possible strikes and any event due to a case of force majeure resulting in malfunction or interruption of the site or server and its maintenance).
The shipping costs will be indicated at the end of your order process. They are calculated as a flat rate depending on the place of shipment. Noted that delivery is free from 200 € purchase.
For metropolitan France: 5 €
For the DOM-TOM, the countries of the European Union and Switzerland: 15€
For the rest of the world: 25€
Please note that it is possible that your order will be shipped in several packages via different carriers. (FEDEX, COLISSIMO, DHL, DPD...)
This is the case depending on the nature, volume and value of the products you order.
This is particularly the case when your order includes framed print or framed canvas editions.
The original tables are delivered by FEDEX or ARTRANS according to the value of the product. In case you are domiciled in Alsace. The delivery of the original paintings may be carried out by the artist himself or one of these relatives according to their availability. If not, the ARTRANS or FEDEX organizations will make the delivery.
Article 11: Availability and presentation
In case of unavailability of a reproduction type product for a period of more than 15 working days, you will be immediately notified of the expected delivery times and the order of this article may be cancelled upon request. The Customer can then request a credit for the amount of the product or its full refund and cancellation of the order.
Article 12: Payment
Payment is due and debited immediately upon order, including for pre-ordered products. The Customer can pay by credit card.
Secure online payment by credit card is carried out by our payment service provider Stripe. The information transmitted is encrypted in accordance with technical rules and cannot be read or intercepted during transport on the network. Your bank details (card number, expiry date, cryptogram) are not communicated to the seller.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details during the sale, the Customer authorizes the Seller to debit his card for the amount related to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to charge the card, the sale is immediately resolved and the order canceled.
Article 13: Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving a reason within fourteen days from the date of receipt of his order. During this period you can return the works to us (the return shipping costs will be at your expense). The refund will be made within 15 days after receipt of the works.
In the case of services (subscription), the withdrawal period runs from the day on which the contract is concluded.
The right of withdrawal can be exercised by contacting the seller in the following way: By filling out the contact form located on the contact page and adding the subject «right of withdrawal» or via the email address of the seller: pipaul.trefondimaginaire@gmail.com with reference to the same object as above.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product or products and shipping costs will be refunded, the return costs remaining at the expense of the Customer. Returns of products are to be made in their original and complete condition (packaging, accessories); they must be accompanied by a copy of the proof of purchase if possible. Withdrawal to contact us at the address of the seller.
It should be noted that the right of withdrawal cannot be exercised in cases of provision of digital content without material support. (Downloadable content)
Article 14: Claims and Mediation
The Buyer may submit any complaint by contacting the seller by email, by filling out the contact form located on the contact page and adding the subject «Complaint» or via the seller’s email address: pipaul.trefondimaginaire@gmail.com with reference to the same object as above.
In case of failure of the complaint request with the customer service of the Seller, or in the absence of response within two months, the consumer can submit the different to a mediator, the CM2C that he can use free [CM2C: Centre de la Médiation de la Consommation des Conciliateurs de Justice located at 49 rue de Ponthieu 75008 PARIS, to be contacted by visiting their website: https://www.cm2c.net/ by email cm2c@cm2c.net or by phone on 0189470014].
The latter will attempt independently to bring the parties closer together with a view to reaching an amicable solution.
Article 15 : Force majeure
The performance of the obligations of the seller at the end of this contract is suspended in case of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of such occurrence as soon as possible.
Article 16: Invalidity and modification of the contract
If one of the stipulations of this contract is annulled, this nullity will not cause the nullity of the other stipulations that will remain in force between the parties. Any contractual modification is valid only after written and signed agreement of the parties.
Article 17: Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing which has as its purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the controller: the Seller, as indicated at the top of these GTC;
- the legal basis of the processing/ contractual execution
- the recipients or categories of recipients of personal data, if they exist: the seller, the subcontractors involved in the delivery and sales operations as well as any authority legally authorised to access the personal data in question
- the data retention period: the time of commercial prescription
- the data subject has the right to request from the controller access to, rectification or erasure of personal data, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability
- The data subject has the right to lodge a complaint with a supervisory authority
- the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order can not be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses contained in these GTC, as well as all purchase and sale transactions referred to therein, will be subject to French law.
The invalidity of a contractual clause does not entail the invalidity of these GTC.
Section 19: Services provided and related to a subscription (support form)
The website offers several subscription plans (support form). Located on the "Become a Member" page of the "The Elves'Tavern".
Registration for a subscription implies the completion of the process of the purchase tunnel, acceptance of the GCS and the CGU, and the provision of personal data (first name, last name, address, telephone number and e-mail) for the sole purpose of being able to receive the items offered by the service linked to the subscription plan selected.
The products created by the artist and listed in the corresponding subscription form, are sent to you at the beginning of the month following the 3 MONTHS subscription paid.
Shipments are made in follow-up by Colissimo beginning of March, early June, early September and early December. Delivery is free.
The start of the shipment of products is made at the end of 3 consecutive months subscription.
The option to start the subscription on the date you want is available during the tunnel purchase process. However, your card will be debited immediately upon subscription.
It is recommended that you subscribe in early March, early June, early September or early December so that you can benefit from the benefits of the formula you have selected from your first three months of support. This also makes it easier to track and ship parcels.
Note that you can end the subscription at any time by logging in to your member area, via the login bar (pink character at the top right of the site), then click on «my subscription» (My Subscription) and finally select the button "cancel" from your subscription plan.
In case of unsubscription if it takes place after the withdrawal period in force and before you have received your shipment (linked to 3 months of consecutive subscription), the amounts paid are not refunded. In addition, if the unsubscription is made BEFORE you have made 3 consecutive payments successfully, the package will not be sent to you.
Depending on the type of formula selected, you will benefit from immediate benefits when mentioned (for example: the Diablotin subscription formula (and all higher tier formulas) allows you to immediately obtain a download code that will be sent to you by email. It should be noted that all the subscription plans offered allow privileged access to the pages «Behind the scenes» and «Avant Première» of the website from the start date of the subscription you have selected).
Also note that postcards, stickers, magnets and bookmarks are randomly packed.