General Terms and Conditions of Sale” (T&Cs) of My-Stencils.com
Article 1: Scope and General Information
1.1 These General Terms and Conditions of Sale (hereinafter referred to as “T&Cs”) apply to all sales of products and services made through the My-Stencils.com website, between My-Stencils.com company (hereinafter referred to as “the Seller”) and any buyer (hereinafter referred to as “the Client”).
1.2 The T&Cs aim to define the contractual relationships between the Seller and the Client and the conditions applicable to any purchase made through the My-Stencils.com e-commerce site, whether the Client is a professional or a consumer.
1.3 The acquisition of a good or service through this site implies an unreserved acceptance by the Client of these T&Cs.
1.4 These T&Cs shall prevail over any other general or specific conditions not expressly agreed to by the Seller.
1.5 The Seller reserves the right to modify its T&Cs at any time. In this case, the applicable conditions will be those in effect on the date of the Client’s order.
Article 2: Products and Services
2.1 The products and services offered are those listed in the catalog published on the My-Stencils.com website.
2.2 These products and services are offered subject to availability.
2.3 Each product is accompanied by a description provided by the supplier.
2.4 The photographs in the catalog are as accurate as possible but cannot guarantee perfect similarity with the offered product, especially regarding colors.
Article 3: Pricing
3.1 The prices in the catalog are inclusive of VAT in US dollars, taking into account the VAT applicable on the day of the order; any changes in the rate may be reflected in the prices of products or services.
3.2 My-Stencils.com reserves the right to change its prices at any time, however, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
3.3 The prices listed on the My-Stencils.com website are in US dollars and do not include shipping costs. Delivery costs, calculated based on the destination and weight of the package, will be added to the total order amount and clearly indicated before finalizing the purchase.
3.4 My-Stencils.com is pleased to offer free shipping for any order reaching or exceeding a certain amount, as specified on our site. This offer is automatically applied at the time of the order when the required conditions are met. Please note that this offer may be subject to geographical restrictions or changes according to our commercial policy.
3.5 For international deliveries, it’s important to note that customs fees or other local taxes (such as VAT or import taxes) may apply. These fees are not included in the prices displayed on our site and are the sole responsibility of the client. My-Stencils.com is not responsible for these additional costs, which depend on the regulations in force in the destination country.
Article 4: Order
4.1 To make a purchase on My-Stencils.com, the Client must follow this online ordering process:
a) Selection of products or services: The Client chooses the products or services they wish to purchase by adding them to their virtual cart.
b) Entering information: The Client must then provide or confirm necessary information for delivery and billing, such as delivery address, delivery method, and contact details.
c) Review and validation of the order: Before payment, the Client can review their order details, the total amount, and correct any errors.
d) Payment: The Client proceeds to pay for their order using one of the payment methods offered on the site. Online secure payment is confirmed by a validation page.
e) Order confirmation: Once payment is made, the Client receives an email confirmation of the order, summarizing the purchased items, the total amount paid, and delivery details.
4.2 The order confirmation implies acceptance of these T&Cs, acknowledgment of having full knowledge of them, and the waiver of one’s own purchasing conditions or other conditions.
4.3 All provided data and the recorded confirmation will constitute proof of the transaction. The confirmation will act as a signature and acceptance of the operations conducted.
4.4 The seller will send an email confirmation of the recorded order.
Article 5: Payment
5.1 Payment Terms: Payment is required in full at the time of the order. An order will be considered valid and processed only after receipt and confirmation of payment.
5.2 Payment Options: My-Stencils.com offers several payment options to facilitate purchases. Customers can choose from various methods such as credit card, electronic payment, or other online payment methods available on our site.
5.3 Transaction Security: Transactions on My-Stencils.com are secured by SSL (Secure Socket Layer) protocol, ensuring the confidentiality and security of data transmitted during online payment.
5.4 Order Confirmation and Invoicing: After payment validation, the customer will receive an order confirmation, indicating that the order has been successfully recorded. A detailed invoice including order information, the amount paid, and billing details will also be provided.
Article 6: Delivery
6.1 Deliveries are made to the address specified in the order form, which must be within the agreed geographic area.
6.2 Responsibility for Damage: While we take great care in packaging our products, especially stencils in rigid tubes for protection, packages may be damaged during transport. The risks associated with transporting ordered items are the responsibility of the client from the moment they are handed over to the carrier. In case of damage upon receipt, the client must issue clear and detailed reservations to the carrier at the time of delivery. Without these reservations, no recourse can be taken against our company. However, My-Stencils.com commits to assisting the client in proceedings with the carrier to resolve such situations.
6.3 Deliveries in France: Delivery times for France are indicative. If delivery is not made within 30 days from the order date, the client can request a refund.
6.4 Deliveries in the European Union: Delivery times for EU countries are also indicative. A refund can be requested if delivery exceeds 45 days after the order date.
6.5 International Deliveries: For shipments outside the EU, although indicative, delivery times are generally longer. Clients can request a refund only after 60 days from the order date.
6.6 Handling Claims for Non-Receipt: All our deliveries are made with a tracking service. In case of a non-receipt claim, My-Stencils.com will refer to the carrier’s tracking. If tracking shows the package has been delivered, the proof of delivery will be considered sufficient to demonstrate that the order was executed. In case of dispute, we ask the client to cooperate with us and the carrier to clarify the situation. My-Stencils.com commits to providing reasonable assistance in these proceedings.
Article 7: Warranty
7.1 Legal Guarantees: All products sold by My-Stencils.com are covered by legal compliance warranty, addressing conformity issues with the order, and warranty against hidden defects as per the Civil Code.
7.2 Non-Conformity Procedure: In case of non-conformity or hidden defect, clients can return the product for exchange, repair, or full refund, including return costs.
7.3 Claims Process: Claims or requests for exchange/refund should be made via our contact form by email.
7.4 Artistic Nature of Products: Variations in stencils as artistic choices are not considered defects.
7.5 Warranty Exclusions: Slight deformation during shipping, usually temporary, is excluded from the warranty.
7.6 Deformation Warranty Limitation: Warranty does not cover non-flat stencils upon receipt due to material nature and shipping method.
7.7 Warranty Duration: 30-day warranty from the product receipt date.
Article 8: Right of Withdrawal
8.1 According to the Consumer Code, the Client has a 14-day withdrawal period from delivery for product returns for exchange or refund without penalty, except return costs.
8.2 My-Stencils.com extends this period to 30 days after delivery for customer satisfaction.
8.3 Returned products must be in original condition for resale and accompanied by a purchase invoice copy.
8.4 Return Costs: The client bears return costs, which are non-refundable. It’s the client’s responsibility to ensure returned products reach My-Stencils.com undamaged and in their original state.
Article 9: Liability
9.1 The seller is only bound by an obligation of means in online sales; they cannot be held responsible for Internet-related issues like data loss, hacking, viruses, service interruption, or other involuntary problems.
9.2 Products comply with current French legislation. The seller’s liability is not engaged for non-compliance with legislation in the country of delivery.
Article 10: Intellectual Property
10.1 All elements of the My-Stencils.com site, including software, visuals, and sounds, remain the exclusive intellectual property of My-Stencils.com. No one is authorized to reproduce, exploit, redistribute, or use for any purpose, even partially, any elements of the site.
10.2 Any simple or partial reproduction of any element of the site without express authorization from the site owner is strictly prohibited and may constitute a violation punishable under intellectual property laws.
10.3 Artists are allowed to sell artworks they have created manually using stencils purchased from My-Stencils.com. They can also sell art prints derived from these works, for instance, by photographing their manual creations and offering these images as prints. However, artists are strictly prohibited from creating digital works by exploiting the images of the stencils available on our site. This restriction is implemented to preserve the integrity and intellectual property rights associated with our stencil designs.
10.4 Although the marketing of original works and their art prints is encouraged, the use of our stencil images for creating digital or digital works is strictly prohibited. This measure is intended to preserve the exclusivity and artistic value of the stencils offered by My-Stencils.com.
10.5 It is also strictly forbidden to reproduce, create, or sell stencils that are copies or derivatives of the models offered by My-Stencils.com. This prohibition aims to protect our original creations and the intellectual property rights associated with them. Any violation of this rule is subject to legal prosecution.
10.6 This clause ensures that the stencils sold by My-Stencils.com remain unique and exclusive, preventing the unauthorized manufacture and marketing of derivative products that could affect the originality and value of our products.
Article 11: Force Majeure
11.1 The seller’s execution of obligations may be suspended in the event of force majeure which prevents or delays execution. This includes, but is not limited to, war, riots, insurrection, social unrest, strikes of any kind, and supplier issues.
11.2 The seller will inform the client of such a force majeure event within seven days of its occurrence. If the suspension continues beyond fifteen days, the client may cancel the ongoing order, and a refund will be processed according to the terms in article 7.
Article 12: Dispute Resolution
12.1 Amicable Resolution: For minor disputes regarding orders, products, or services from My-Stencils.com, customers are encouraged to contact our customer service first. We aim for quick and satisfactory resolution through communication and negotiation.
12.2 Major Disputes: Major disputes unresolved amicably are subject to French law and the jurisdiction of courts near the seller’s headquarters.
12.3 Limitation of Liability: My-Stencils.com is not liable for any damages resulting from the misuse or malfunction of sold products.
Article 13: Final Provisions
13.1 If one or several stipulations of these T&Cs are deemed invalid or declared as such under a law, regulation, or following a final decision by a competent jurisdiction, the other stipulations will maintain their full force and scope.
13.2 These general terms and conditions of sale and the contractual relationships between My-Stencils.com and the buyer are governed by French law, to the exclusion of any other law.
13.3 My-Stencils.com reserves the right to modify these general terms and conditions of sale at any time. New T&Cs will be made known to the client by online modification and will be applicable only to sales made after the modification.