Terms of Service

Terms of Service

General Terms and Conditions of Use – Allard Factory

1. Scope of application

These General Terms and Conditions of Use (hereinafter “GTCU”) govern the use of the “Fred Allard” website operated by the company Allard Factory, a simplified joint stock company, with a share capital of 5,000.00 euros, in the process of being registered with the Antibes Trade and Companies Register , whose registered office is located at 53 Impasse Maurice Danzi in Saint Laurent du Var (06700), represented by Mr Frédéric Allard (hereinafter “Allard Factory”).

2. Content and access to the website

2.1. The website https://fred-allard.com (hereinafter the “Website”) presents the works sold by Allard Factory in the form of a limited exclusive series.

The information contained on the website is as accurate as possible, but may however contain inaccuracies or omissions.

Our website may contain hyperlinks to other websites or other resources available on the Internet. Allard Factory has no means to control the linked websites, for which Allard Factory may not be held liable.

2.2. If the user is a minor, he declares that he has obtained authorisation to use the Website from the holder(s) of parental authority concerning him and that the holder(s) of parental authority has/have agreed to guarantee the minor user’s compliance with the GTCU.

2.3. The Website offers temporary access to the sale of works of art by artist Fred Allard, in the form of a limited exclusive series (hereinafter the “Sale”). Such access is limited to dates freely defined by Allard Factory and communicated on the Website and/or via the Allard Factory newsletter. Allard Factory is free to open or close such access whenever it so wishes.

Access to the Sale is accessible only to users aged 18 years old and legally capable of entering into contracts.

2.4. The user will be able to benefit from exclusive access to the Sale by registering on the pre-sale list, via the “Early access form ”. He shall have access to the Website and the Sale twenty-four hours before its official publication.

2.5. Allard Factory reserves the right, without prior notice or compensation, to temporarily close the Website, in particular to carry out maintenance or update operations or changes in accessibility hours, without this list being exhaustive. Allard Factory cannot be held liable in case of unavailability of the Website for any reason whatsoever.

3. The Works available on the Website

3.1. You have the option to order a work of art (hereinafter the “Work” or the “Works”) online on the Website. Any natural or legal person (individual or professional) who reserves a Work on the Website is hereinafter referred to as the “Customer”.

3.2. Any order for a Work carried out on the Website is subject to the prior knowledge and unreserved acceptance of all of these GTCU. Unless otherwise agreed, the GTCU exclude any consideration of the Customer’s general terms and conditions.

3.3. Allard Factory’s offers are intended exclusively for private individuals and professionals acting as end consumers. The commercial resale of the Works is prohibited. Allard Factory reserves the right to refuse orders if they appear to be for commercial resale.

3.4. The Works offered for order on the Website are available in a limited number. When the series of Works is exhausted, the Sale is no longer accessible.

3.5. The Works available on the Website are works of art resulting from an exclusive series of works of a limited number of works. They are therefore numbered but each has its own characteristics, which make them unique items.

The description of the Work resulting from the limited series is presented on the Website, including photographs, a description of the Work, namely, materials, weights, dimensions, manufacturing method, where applicable, as well as the sale price.

However, the specific characteristics of each of the works produced in the series are not described on the website.

The information relating to the Works available on the Website thus enables the Customer to know the essential characteristics of the Work that it wishes to order and to ensure that it meets its expectations.

However, it is expressly specified that the particular characteristics specific to each of the works resulting from the limited exclusive series are not described on the website. Accordingly, the Customer may receive a work slightly different from that presented on the Website but whose essential characteristics described on the Website are identical.

4. Creation of an account and order process for the Work

4.1. In addition to accepting these GTCU, access to an order for a Work is subject to the creation of an account on the Website. To do this, you must provide the data allowing your identification. When opening this account, you agree to only provide accurate information, and then inform Allard Factory without delay of any changes concerning them, using the contact form in the “Contact” tab.

The password you enter is confidential and can be changed online in your personal account. The Customer is responsible for its identification information with third parties. If the Customer loses his password, he can reset his password by clicking on the “Reset your password ” link.

Allard Factory shall not be held liable for any direct or indirect damage suffered by the Customer or by third parties resulting from fraudulent access to the Customer’s account as a result of a disclosure of the Customer’s identification information.

The customer account is only accessible during the Sale period but the Customer has the option to delete this account upon request using the contact form in the “Contact” tab.

Allard Factory reserves the right to delete the Customer’s account without prior notice, without him being able to object to it or claim any compensation, in the event of a breach of the obligations hereunder, or in the event of a breach by the Customer of the various national, Community and international laws and regulations in force, as the case may be, as well as public order and morality.

4.2. To place an order, you must use the login and password created when opening your account. You agree to keep them secret and not to disclose them to any third party.

In the event of loss, misappropriation or fraudulent use of your login and/or password, you agree to immediately notify Allard Factory using the contact form.

4.3. The ordering process for the Works takes place according to the following steps:

– Step 1: the Customer accesses the Website on the day of the Sale – or by privileged access if previously registered on the “Early Access” form;
– Step 2: the Customer enters his given name, surname, email address, telephone and creates a customer account by creating an account password and then click on “continue”;
– Step 3: the Customer enters his billing address, and has the possibility to specify delivery notes by activating the “Delivery Notes” button, then click on “continue”;
– Step 4: a summary page appears, allowing the Customer to verify the information he has entered and allowing him to correct any errors by clicking on “Change” for each data field;
– Step 5: the Customer accesses the payment page and is invited to enter his bank details;
– Step 6: the Customer must read and accept the general terms and conditions by ticking the box “I have read and accept the general terms and conditions” and then click the “order” button;
– Step 7: the Customer accesses an order confirmation page, he can click on the “follow my order” button;
– Step 8: the Customer accesses a dashboard on which he can check the status of his order, manage his billing and delivery address, record his payment method, change his password, access the contact form and/or log out;
– Step 9: the Customer receives a confirmation email summarising the order information.

5. Delivery of the Works

5.1. Allard Factory handles the packaging of the Works in its workshop. The company Desiage Storage Logistique (hereinafter “DSL”) is then responsible for the logistics of delivery of the Works and assures the follow-up directly with the Customer. DSL uses the transport company Chronopost to ensure the delivery of the Works.

5.2. The delivery period is approximately 15 (fifteen) days. However, Allard Factory cannot be held liable for delays directly related to the carrier and, in general, for delays outside its control.

5.3. The delivery costs are indicated to the Customer at the time of the order for the Work and depend on the delivery region provided by the Customer. These delivery costs are in addition to the sale price of the Work.

It is reminded that in the case of a delivery abroad, the applicable local tax rules may require specific tax declarations and payments, such as customs duties. The Customer shall remain responsible for the applicable customs declarations and liable for the applicable customs payments.

6. Price of the Works

6.1. The prices of the Works are set by Allard Factory. Unless otherwise stated by Allard Factory in the description of the Works, the prices displayed are the total prices in euros including applicable VAT, excluding delivery costs.

In the event that customs duties, local taxes or import duties are due, they shall be borne exclusively by the Customer and the Customer shall be liable for them. It is the responsibility of the Customer to prepare the declarations and payments required by the competent authorities and/or bodies. It is the responsibility of the Customer to ask the competent authorities before purchasing the Works.

6.2. Allard Factory has adopted the methods of payment of the Stripe solution. Under no circumstances shall Allard Factory have access to any confidential information relating to the means of payment used by the Customer during payment. Only Stripe has confidential information that remains inaccessible to third parties.

Allard Factory shall not be held liable for damage resulting from the use of electronic means of communication, including (but not limited to) damage resulting from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communications and virus transmission.

7. Intellectual property rights

All Works available on the Website are protected by copyright and/or a registered design and model in accordance with the provisions of the Intellectual Property Code.

The order of a Work on the Website does not in any way confer the right for the Customer to exploit the intellectual property rights protecting the Work. Accordingly, the Customer shall expressly refrain from reproducing and representing the Work. Such acts are subject to the prior written authorisation of its author under the provisions of the Intellectual Property Code.

In addition, all the content of this Website, all texts, comments, photos, brands, logos, illustrations and images of the Works on the Website, the graphic charters and the software, without this list being exhaustive, are protected by intellectual property and worldwide.

Any total or partial reproduction or representation of any of these rights and Works without the express authorisation of Allard Factory is strictly prohibited and would constitute an act of infringement prohibited by the Intellectual Property Code. This representation or reproduction, by any process whatsoever, constitutes an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement which may result in the infringer’s civil and criminal liability. In addition, the owners of the copied content may bring legal action against you.

Accordingly, the Customer shall refrain from any action or act which may directly or indirectly infringe the intellectual property rights of Allard Factory and the authors of the Works.

8. Use

The Internet user shall not:

• Access the Website or remain on the Website fraudulently, hinder or alter the operation of the Website, in particular by introducing viruses or any other program likely to damage and/or undermine the Website’s data;
• Use the Website for any unlawful, illegal, malicious or discriminatory purpose;
• Hinder the proper operation of the Website;
• To collect information about other Internet users, or to harm other Internet users, directly or indirectly.

9. Security

Any fraudulent access to the Website or attempted fraudulent access is prohibited and criminally sanctioned. Allard Factory complies with best practice in order to secure the Website. However, Allard cannot be held liable for IT security breaches that may cause damage to your equipment and data or third-party intrusion despite the security measures put in place.

10. Liability

Each Internet user and/or Customer is alone responsible for the use made of the Website and/or the information provided on the Website and Allard Factory shall under no circumstances be held liable for any direct or indirect damage resulting from the use of the Website and/or such information by the Internet user and/or the Customer.

The Internet user and/or the Customer undertakes not to interfere with or interrupt the normal operation of the Website. Allard Factory shall also not be held liable for damage resulting from fraudulent access by a third party resulting in a modification of the information posted on the Website.

As publisher of the Website within the meaning of Article 6. III-1 of the Law to support confidence in the digital economy (LCEN), Allard Factory is responsible for the content it publishes on its Website.

11. Personal data

Your personal data may be collected when you use the Website. It is processed in accordance with the Privacy Policy and Cookies Policy.

12. General provisions and applicable law

Allard Factory reserves the right to modify these GTCU at any time by posting a new version on the Website. The GTCU are those in force on the date of the order for the Work.

The Website is accessible in French.

These General Terms and Conditions of Use are subject to French law.