1- Preamble

The present general terms and conditions of sale listed below are subject to French law and regulate the contractual relations between the commercial entity les-motifs.com and the customer. The two Parties accept said terms and conditions without reservation.
Each purchase on the site is governed by the general terms and conditions of sale applicable on the date of order.
The les-motifs.com website in its entirety and all rights related to it are the property of les-motifs.com.
All of the content, in particular the designs, collections, photos, images, texts, graphic designs, logos, and drawings, are protected by intellectual property rights in the name of les-motifs.com and to which les-motifs.com holds the rights of use.
All reproduction in whole or in part is prohibited without the authorisation of the owner.
These general terms and conditions of sale are the only ones that apply and replace all other conditions except explicit waivers made in advance and in writing.
If one or more provisions of the present general terms and conditions of sale prove ineffective or are declared as such in the application of a law or a regulation or as the result of the final decision of a relevant jurisdiction, the other provisions shall nonetheless retain all their effectiveness and their force.
Les-motifs.com may modify certain provisions of its general terms and conditions from time to time as well; we recommend that you reread the general terms and conditions at the outset of each visit to the site. These modifications shall apply from the date of their posting online and shall not apply to orders placed prior to that date.

The purpose of http://www.les-motifs.com, the present electronic commerce site www.les-motifs.com, is to define the terms and conditions under which les-motifs.com proposes to sell its creations to the users of the www.les-motifs.com site, the company name and head offices address of which are:

Les-motifs.com 29, rue du Cygne BP 71423 37014 Tours cedex 1, France, and which has been entered into the trade and companies register of Tours under:

no. 422 904 615 RCS Tours.

2- Acceptance of the terms and conditions of sale

The purpose of these general terms and conditions of sale is to inform the customer of the conditions and modalities under which the seller shall carry out the sale and the delivery of the products ordered, and to define the rights and obligations of the parties within the framework of the sale of products by the seller to the customer. The present general terms and conditions of sale shall apply without restriction and without reservation to all sales and products offered on the les-motifs.com Internet site.
Any confirmed order implies the full and complete acceptance, without reservation, of the general terms and conditions of sale as well as of the relevant conditions of use, which the customer also acknowledges having been aware of prior to placing the order. The customer declares having full legal capacity permitting his/her commitment with respect to the present general terms and conditions of sale.

The customer shall take note, whilst placing the order, of the specific terms and conditions of sale, either via the link on the home page or via the link on the order shopping basket, and shall explicitly declare his/her acceptance thereof without reservation. Prior to order placement, the customer shall declare that the purchases on the site have no direct relationship with his/her professional activity and that they are for personal use only.

3- Price

The price applied online on the Internet site of les-motifs.com is the one in force on the date of the regis-tration of the order by the customer.
The price is expressed in euros and in euro cents.
The price listed on the product collections excludes tax and does not include shipping charges, which are invoiced as a surcharge to the price of the products purchased depending on the shipping destination of the order.
The prices are subject to change at any time.
The shipping charges are indicated to the customer prior to the registration of the order.
The total price indicated in the order processing and order confirmation screens is the final price and appears as a net price excluding tax.
This price includes the prices of the products and the shipping charges.

4- Shipping charges

For all orders, the shipping charges in force up until March 2008 shall be covered by the client and shall be notified to the customer during the ordering process. Shipping charges vary according to the country of destination and can be found in the scrollable list of shipping charges. These shipping charges shall not be reimbursed in the event of cancellation of an order after shipment and shall therefore be deducted from the amount reimbursed within 15 days after cancellation.

5- Order processing

Any order is based on unrestricted compliance, without reservations, to the present general terms and conditions of sale.
The decorative patterns offered for sale are those referenced on the site and their graphic and photographic representations are communicated for illustrative purposes only and do not obligate the seller in any way.

In accordance with Article L 111-1 of the Consumer Code, customers can, prior to placing their order, explore the various collections and specific themes of the product or products they wish to order.
Then all they need to do is confirm the desired colour in the scrolling menu “Range / Colour”, add the product of their choice by clicking on “Add to Shopping Cart” and complete their order by clicking on “View Order”.

Once the customer has registered his/her order by clicking on the “Process Order” icon, the present general terms and conditions of sale, the prices, colours, formats and quantities of the products proposed for sale and ordered shall be considered as having been accepted knowingly and without reservation.
The system then takes the customer to the "Panier / Basket" page, which summarises once again all of the items selected.
The customer can delete specific items that appear in the shopping basket or select additional ones.
The customer can also cancel the process and return to the shopping basket, in which case the order will not have been confirmed.

If the customer agrees to the total amount due for the order as shown, comprising the price of the products (models, colours, formats) and the delivery charges, after the customer has acknowledged the general terms and conditions of sale, the system takes the customer to the secure payment transfer service, Paypal.
The confirmation and processing of the customer’s order is carried out online on the secure Paypal site, which transmits the confirmation and the validation of payment of the order to us by e-mail.

These automatic registration documents serve as proof of the contents and of the date of the order on the site.
les-motifs.com recommends to customers that they save this information on a paper or electronic medium.
At no time do we have access to the banking information of the customer.
Once the payment has been validated, we send a confirmation of acceptance by e-mail along with the contractual details of the order. In particular, these data include the details of the products ordered, the total amount including shipping charges and the expected delivery date. This information will be sent to the e-mail address that the customer indicated to us with the order.
Any modification or cancellation of a firm order must be made in writing on the date of reception of said order by the customer.
We will take it under consideration if we receive it within 48 hours.
les-motifs.com reserves the right to cancel any order from a customer with whom there is a possible dispute relative to payment of an earlier order or a dispute of any kind.
les-motifs.com reserves the right to refuse an order or to request copies of additional supporting documents if the information provided by the customer appears to be incomplete, dubious or fraudulent.
The information declared by the customer while placing the order represents a contractual commitment.
In case of error in the specification of the customer’s details, the seller shall not be held liable under any circumstances for failure to deliver due to the erroneous, incomplete or illegible nature of the details on the order form and due to the difficulty les-motifs.com could have in delivering the products on time.

6- Availability and warranty

The availability of products from les-motifs.com is subject to the constraints of small-scale production.
We work closely with small companies in France that guarantee compliance with standards in force at the time of fabrication.
Sales are considered as final upon reception of the order of the customer and subject to availability of the products.
Information concerning the availability of items is supplied to the customer when the order is taken.
If a product is not available once the order has been placed, les-motifs.com undertakes to contact the customer by e-mail or by post within 5 days to inform the customer of the situation and propose another delivery date.
Otherwise that order will be cancelled automatically and the customer will be reimbursed immediately if payment was drawn from the customer’s bank account.
In any case les-motifs.com shall not be held liable for failure to comply with regulatory and statutory provisions in force in the country in which the products are received.
The liability of les-motifs.com shall be limited to the value of the product in question, calculated on the date of invoice.

7- Payment

Only orders paid in full on the date of the valid order shall be considered firm and definite.
All orders are payable in euros.
At no time will the directly debited amounts be considered as down payments or advance payments.
The total amount of the order shall be received by les-motifs.com upon validation of the order by means of Paypal, the secure payment website.
The amount invoiced to the customer shall be the price indicated on the order confirmation sent by les-motifs.com.
The products shall remain the property of les-motifs.com until the receipt of the full amount by les-motifs.com.
The settlement of your purchases is carried out on the order form by credit card using the secure payment system of the Paypal website, which accepts Visa, MasterCard, American Express, and other credit cards or Paypal accounts. Paypal will address a direct debit request to your bank.
The order confirmed by the customer shall not be considered as valid until the banking payment centres involved have given their authorisation and the amount has been received on our account.

The customer guarantees that he/she is in full possession of any authorisation required for the use of this method of payment at the time of the confirmation of the order form.
The customer undertakes to ensure his/her solvency before placing any order, without which les-motifs.com will be unable to deliver the products ordered.

Les-motifs.com reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or the extent of completion, if the customer fails to pay the full amount due or in case of payment irregularity.
In case of refusal of the banking payment centre, the order will be cancelled automatically and the customer will be notified by e-mail.
Les-motifs.com reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time the order is placed. Such modification will be indicated to the customer prior to any order.

8- Delivery

After confirmation and payment of the order, les-motifs.com undertakes to dispatch via the postal service within 15 days all of the items ordered by the customer.
For France and the French overseas territories, we have selected Colissimo registered delivery with counter-signature.
For other destinations we suggest using Colissimo International with counter-signature.
Delivery will be made to the address indicated by the customer on the relevant order form.
The product will be hand delivered, directly and during the standard delivery hours of the postal service, against a valid counter-signature as proof of receipt of the product by the designated recipient.
In case of absence, the mail carrier will leave a notice requesting you to pick up your registered mail at your local post office.
Any delays do not serve to justify claims by the customer for damages and interest.
Les-motifs.com will take all necessary measures to meet the delivery timing listed on this website.

If that delivery timing still cannot be met due to supply problems or for other reasons, however, the customer will be informed immediately about a new delivery date by e-mail or telephone and will be given the opportunity to maintain or cancel his/her order.
Notwithstanding this, we cannot be held liable for the consequences of any delay in delivery or the loss of a shipment caused by a third party or by your own fault or as a result of unforeseeable and insurmountable problem that constitutes a case of force majeure.

If the shipment is not received by the indicated date, an inquiry will be carried out with the shipping agent. This can take about 21 days (the postal service). No reimbursement or return can be carried out during that period.
The orders placed on our website are intended for the personal use of the customers, except where specifically agreed otherwise.
The customers and the recipients of the products undertake not to resell our products, neither in their entirety nor any part thereof.

Upon receipt of your order, we recommend that you always carefully verify the condition of the packages and confirm that the products delivered correspond to those listed on your order form. Moreover, we recommend that you do so in the presence of the delivery agent.
If you find discrepancies or visible defects (wrong or missing product, open package, damage…) you should immediately file a written complaint with the delivery agent together with your signature on the shipping docket and establish a document of indemnification with your postal service, which will entitle you to the right of return under the conditions foreseen in this document.
If you nonetheless refuse to accept delivery, you will be reimbursed the amount of the order less shipping charges incurred by the delivery.

Strikes, fire, social unrest, accidents, war and the impossibility of obtaining raw materials are deemed to be cases of force majeure that relieve the seller of his obligation to deliver.
Under exceptional circumstances, an order can be delivered to the customer in multiple shipments due to reasons of availability.
For orders with two different shipping addresses, the customer should submit two orders with separate shipping charges associated with each order. A copy of the invoice corresponding to the order is included with the delivery.
For any further information concerning the products, please do not hesitate to contact us: contact@les-motifs.com

9- Exchange – return – cancellation

According to Article L121-20 of the Consumer Code, the right of cancellation carries no penalty apart from the shipping charges.
The customer has a period of 7 clear days from the date of reception in which to exercise his right of cancellation and to return for reimbursement the products ordered with which he is dissatisfied, at his own cost together with the invoice corresponding to the order, to the following address: les-motifs.com – 29, rue du Cygne – P.O. Box 71423 – 37014 Tours cedex 1, France.
The items will be returned at the expense of the customer and under his responsibility, and he is responsible to arrange transport insurance.
It is absolutely imperative that the items are returned in their perfect original and resalable condition (packaging, instructions, accessories,…) together with the invoice corresponding to the purchase.
Any items returned, which are incomplete, damaged or soiled, or the original packaging of which has been damaged by the customer beyond the normal effects of opening, will neither be reimbursed nor exchanged. The exercise of the right to cancellation does not apply to technically defective items, provided that the customer proves the hidden defect or the warranty seal has not been broken.
In the event of application of the right of cancellation, and after verification of the good condition of the items returned, les-motifs.com will rapidly reimburse the products ordered for the amount indicated on the order form, excluding shipping charges, within 15 days of receipt of the products.
The reimbursement will be carried out either by bank transfer or by crediting the amount back to your credit card within a short period of time or, at the latest, within 30 days following the date on which that right has been exercised under the conditions listed above.
Les-motifs.com retains full and complete ownership of the products sold on its website up until the full payment of the order, including the charges.

10- Liability

The present contract is subject to applicable French law.
Les-motifs.com shall not be held liable for indirect damages of any kind, whether material or immaterial or physical, which could result or arise from the improper function or improper use of the products by the customer.
Les-motifs.com shall not be held liable for failure to execute the contract in the event of force majeure, disruption or total or partial strike, especially of the postal services and means of transport and/or communication.
Les-motifs.com shall not be held responsible for any loss of data or files. All necessary electronic data stored should be printed out by the customer.
The liability of les-motifs.com shall be limited to the amount of the order.
Notwithstanding this, les-motifs.com shall not be held liable and cannot be held responsible for simple errors or omissions, which may occur despite all of the precautions we take in presenting our product collections.
Les-motifs.com shall neither be held liable nor compensate or reimburse the customer if the products cannot be used, either completely or partially.
The website of les-motifs.com also contains information issued by third parties and links to other Internet sites.
Les-motifs.com shall not be held liable under any circumstances for damages resulting from the use of, access to, or inability to use that third-party information. The same applies to the content of the other Internet sites.
In the event of difficulties in the application of the present contract, the customer will have the possibility to contact les-motifs.com to seek a mutually agreeable solution.
In general, the fulfilment of the provisions of the present contract relative to the contractual warranty is predicated on the assumption that the customer honours his financial commitments vis-à-vis the seller.
As a last resort, the parties expressly acknowledge the jurisdiction of the competent courts of law within the judiciary district concerned.

11- Utilisation and application of the stickers

For optimal results, it is important to check the age and quality of your paint.
Your substrate or surface should be clean, dry, in good condition, smooth and free of dust or residues. It should also be far enough away from intense heat (radiators, wood-burning stoves, heaters, chimneys), which might cause damage to the stickers.
The stickers are designed to be exhibited under ambient conditions where temperatures range from 5 to 35°C.
Our stickers are produced from a matt vinyl material.
They will last at least 5 years indoors and 3 years outdoors.
Be sure to clean and dry glass surfaces thoroughly before affixing your stickers to them.
We recommend applying the stickers on satin or lacquer paints.
Les-motifs.com cannot be held responsible under any circumstances for improper adhesion of the wall decorations to surfaces or coatings of poor quality or to surfaces containing irregularities, for improper use and application by the customer or for damage to surfaces during removal of the stickers.
Les-motifs.com undertakes to deliver your orders to you with instructions for application together with precise indications of the few materials necessary and the precautions to take before and during the application of your adhesive decoration.

Regarding the colour of the stickers, you may find that the colours of the stickers delivered differ slightly from the colours of our range displayed on your computer screen or that you have printed out. This is due to the various settings and parameters of computer screens, printers and of the actual support.

12- Legal mention

The present general terms and conditions of sales are accessible through the website www.les-motifs.com.
The provision of personal data for distance selling is mandatory.
This information is indispensable for processing the orders and for creating the invoices and bank transaction documents.
Indicating your e-mail address permits you to receive the information concerning your order.
Failure to provide this information might result in the invalidation of your order.
In processing a firm order on the website, you undertake to provide the true information that genuinely concerns you.
The communication of false information represents a breach of the present general terms and conditions as well as of the conditions of use listed on the website.
In conformance with the French law on “Data Processing, Data Files and Individual Liberties”, the processing of your information has been the subject of a declaration to the French National Commission for Data Protection and Liberties [Commission Nationale de l'Informatique et des Libertés (CNIL)] under declaration no.: 1261539.
Les motifs.com is authorised to obtain, process and use the information that concerns you. These data are processed electronically.
We will not communicate your data to any external organisation.
The customer has a permanent right of access, modification, correction and deletion of the data that relates to him/her, in conformance with European statutes and applicable local laws (article 34 of the French law of 6 January 1978).
On request, he/she can access the information concerning him/her and request the modification of the data, if applicable.
If one or more provisions of the present general terms and conditions of sale prove ineffective or are declared as such in the application of a law or a regulation, the other provisions shall retain all their effectiveness and their force.
For any further information concerning our products, please do not hesitate to contact us: contact@les-motifs.com