Terms and Conditions
The following terms and conditions pertain to the contract between users of the website art-openwall.com and art-openwall.fr, hereafter referred to as ‘the customer’ and ‘Open Wall’, the company based at 38 rue Blaise Pascal – 33400 Talence (France), and registered on the Registre du Commerce et des Sociétés de Bordeaux (no. 833298482 00013). The internet sites art-openwall.com and art-openwall.fr will hereafter be referred to as ‘the website’.
The present conditions pertain to the sale of products by Open Wall via its internet boutique. They are automatically available to the customer on the homepage of the websites art-openwall.com and art-openwall.fr.
The customer should click on the link ‘Terms and Conditions’ (hereafter referred to as T&Cs) to see the terms and conditions of sale before purchase. The act of ordering implies the customer’s unreserved agreement to the terms and conditions, to the exclusion of all illustrative documents, including prospectus and catalogues produced by Open Wall. If at any time Open Wall chooses not to avail itself of all terms and conditions, this decision is not to be interpreted as a renunciation of the said terms and conditions.
Products on sale
Photos and product images displayed on the website are non-binding. The products presented on the Open Wall website are subject to confirmation and do not imply any obligation, short of an express commitment. Any slight differences which may appear are considered to be approved by the customer. Open Wall takes no responsibility for apparent colour or texture differences caused by the customer’s computer screen, because product presentation differs according to screen settings and the products are presented in different settings and lights.
Once the customer has accessed the website, they can select the product(s) that they wish to order and fill the online shopping basket visible on the right of the webpage. For each product, a representation of a wallpaper strip is displayed. The customer must choose their desired number of wallpaper strips. The customer can delete products from their shopping basket at any time by clicking on the relevant buttons. Once the product(s) have been selected, the customer can finalise their order by clicking on the ‘ORDER’ button.
Final ordering process
A summary of the order will appear on the screen. At this point, the customer may still delete products from their shopping basket or change the quantity of products by clicking on the relevant buttons. In order to confirm the order, the customer must confirm their address, billing address and choice of delivery company. The customer will then be invited to accept the terms and conditions by ticking a box at the bottom of the webpage. The customer will be invited to choose their payment method and to click on the button marked ‘ORDER COMFIRMATION’. The act of clicking on this button engages the customer to pay.
As soon as they have finished placing their order, the customer will receive a confirmation email sent to the address indicated at the creation of their customer account. This email will confirm the essentials of the order, such as product description, product price and delivery details. The confirmation email also contains a summary of the customer’s cancellation rights. The order is only definitive once payment confirmation has been received.
Personal details, given by the customer while ordering, are binding. The seller cannot be held responsible for delivery difficulties or impossibility if the address provided proves incorrect. The website should be accessible 24 hours per day, 7 days per week throughout the year. If necessary, Open Wall reserves the right to close the website temporarily without warning or compensation; Open Wall cannot be held responsible for any inconvenience due to such measures.
The range of products on offer is subject to availability. The seller cannot be held liable for occasional stock fluctuations. The customer will be informed by email or letter if a product that they have ordered has become unavailable.
Net product prices are given in Euros, including VAT and excluding shipping costs. Prices are subject to modification; products are billed according to the price indicated at the moment of ordering. All orders are billable and payable in Euros only.
The customer has several secure payment options:
For debit/credit card payments, orders are definitive once payment has been confirmed by the card provider. If payment is refused by the provider, the order will be cancelled automatically and the customer informed by email.
Open Wall reserves the right to refuse orders from customers subject to litigation proceedings.
The wallpapers are delivered in shock-resistant tubes by the transporters GLS and DPD.
Shipping costs vary according to the delivery destination. These costs do not vary according to weight or number or articles.
See delivery tariffs (including tax) according to destination on the table below:
[DELIVERY PRICE TABLE]
In all circumstances, the delivery should be completed within 15 days of the order. If delivery is not possible within this timeframe, the customer will be informed as soon as possible and given the option to cancel and refund or exchange their order.
The customer is responsible for goods in transit. The customer is therefore responsible for checking the products at the moment of delivery.
Information and complaints
All requests for information, clarification and complaints can be addressed to Open Wall via email ([email protected]) or via letters sent to Open Wall, 38 rue Blaise Pascal, 33400 Talence, France.
The customer has a period of 7 days in which to return unsatisfactory goods for refund. Postage costs for returned goods are at the customer’s expense.
In order to be subject to be refund, all returned goods must be intact and in their original and unopened wrapping. Made-to-measure products, designed on the website or by Open Wall on request, are non-refundable, except in case of breach of guarantee (see below). Prior to returning any goods, the customer must send an email to Open Wall to inform them of their decision.
The customer must inform Open Wall of errors or damage in transit within 15 days of delivery. The guarantee is no longer applicable if the customer fails to contact Open Wall within this timeframe.
If the product is faulty, the customer must show Open Wall proof of damage or error so that the seller (Open Wall) can authorise another delivery or a refund (at Open Wall’s discretion). The customer cannot object to a whole order if individual products in said order are faulty but the rest of the products in good working order. The guarantee does not apply to damage done outside of the seller’s remit (such as errors made while putting up the wallpaper). Reclamations cannot be made if the customer has already started to use the products. Slight variations in quality, weight, size, thickness, width, finish, inscriptions and colours are not accepted as faults.
The costs and actions required to justify guarantee complaints are the responsibility of the complainant.
In order to be eligible, customer complaints must be made within 15 days of delivery, and prior to the installation of said product. Written complaints must include the following:
Merchandise which is subject to such proceedings must not be altered or destroyed, but kept in good condition until it can be examined. Open Wall can propose a reprint of the original product (after updates or adjustments), or a voucher for another purchase. If the problem is clearly due to an error on the part of Open Wall (design not matching that chosen by the customer, sizing errors above 3%, etc), the cost of reprint and redelivery will be paid by Open Wall. The cost of the initial order and delivery will still be paid by the customer. If the problem is due to an error on the part of the customer (inaccurate measurements, unsuitable design choice, lack of care when reading the terms of the order, etc), the cost of reprint and redelivery will be paid by the customer.
Open Wall is responsible for material damage caused, intentionally or through gross negligence, by Open Wall or its legal representatives, as well as for cases of fraudulent intent and personal harm. Open Wall is also responsible under the terms of the law on product guarantees.
In the case of loss or direct damage caused to the customer by Open Wall, due to lack of or poor execution of obligations, the responsibility of Open Wall is limited to an amount corresponding to 100% of the service delivered.
Both parties agree in advance to refrain from making any insurance claim or instigating any legal action against the other party in order to obtain compensation for immaterial or indirect damage.
Applicable laws and jurisdiction
This contract is subject to French law. Any litigious action against the vendors will fall under the responsibility of the Tribunal de Commerce de Bordeaux, regardless of the nationality and type of plaintiff (public or private). French remains the compulsory language of this contract, regardless of other translations.
The Terms and Conditions, and prices, have been agreed to and accepted by the customer, who declares and recognises that they have understood all of the above. Open Wall reserves the right to modify the Terms and Conditions without notice at any time.