terms and conditions
Commercial terms
Last revised: 01/07/2024
These Terms
This website Web and vibration and/or services, including any associated mobile app (collectively: the "Service") and all offers and sales of items ("Items") through the site, belongs to De toile et de vibrations individual company and the legal form of the shop operator] and is operated by it (hereinafter also: "we", "our" and "our/our"). These terms and conditions ("Terms") define the conditions under which visitors or users (collectively: "Users" or "you") may visit or use the site and/or services and purchase items.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the terms, you may not access or use the site. Please read these terms carefully before accessing our site or using the services or purchasing items. These terms explain who we are, how we sell items to you, how you can cancel the contract and what you can do if there is a problem.
(3) You represent that you are of age and have the authority, right and freedom to enter into a binding agreement based on these terms and use the services and purchase items. If you are a minor, you must have permission from your parents or legal guardian to use the services or purchase items.
(4) This site is published by Céline Serano, 0664347209, camaellya38@gmail.com SIRET 98069484800014.
The publication’s director is Céline Serano.
You can contact us:
- by phone: 0664347209 (local call price) or send us a letter to
- by e-mail: camaellya38@gmail.com
- by mail:14 rue du sorbier pavillon 62 CIDEX 381 38090 Villefontaine
This site is hosted by Wix.com
These Terms are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or take advantage of our Services, you must be at least 18 years old, or have attained the legal age of majority in your country, and possess the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized (and not permitted) to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and accept these Terms.
You may download and print these Terms.
Description of Products
(1) You should read the description of the Services and/or Products carefully before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible about these features, but they are not exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and do not bind us.
(2) Please refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held responsible for any damage resulting from the failure to comply with these instructions for using the Products and/or Services provided on our website.
Purchase of Products
(1) Any purchase of Products is subject to the Terms applicable at the time of such purchase.
(2) When purchasing a Product: (i) you are responsible for reading the full list of items before committing to purchase them; and (ii) placing an order on the site (completing the payment process by pressing the “Buy” button or similar) may lead to a legally binding contract for the purchase of the Product concerned, unless otherwise stated in these Terms.
(3) You can choose from our selection of Products and place the products you intend to buy in a shopping cart by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may occur inadvertently at any time. These changes do not affect the price of Products that you have already purchased. At checkout, you will be presented with a summary of all the Products that you have placed in your shopping cart. This summary shows the essential characteristics of each
the total price of all products, applicable value added tax (VAT) and shipping costs, as applicable. The checkout page also gives you the opportunity to check and, if necessary, modify or remove Products, or change quantities. If necessary, you can also identify and correct input errors using the edit function before making your order permanently binding. Any delivery time indicated is effective upon receipt of your payment for the purchase price. By pressing the «Buy» button, you place a firm order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the order process by clicking on the «Buy» button, you must first accept these Terms as legally binding for your order by checking the corresponding box.
(4) We will then send you an e-mail confirmation of receipt of your order, in which your order is summarised again and which you can print or save using the corresponding function. Please note that this is an automatic message which only documents the fact that we have received your order. It does not indicate that we accept your order.
(5) The legally binding contract for the purchase of the products is concluded only when we send you a notice of acceptance by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after the submission of your order (for example, an electronic money transfer, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement is concluded when you complete the order process as described above by pressing the «Buy» button.
(6) You can save your preferred payment method for future use. In this case, we will retain your payment credentials in accordance with applicable industry standards (for example PCI DSS). You will be able to identify your card stored in this way by its last four digits.
Service purchase
My services and rates:
Magnetism sessions, energy care:
I undertake to give my best on each service but I am not subject to any obligation of result. The client should always consult his or her doctor and follow his or her medical treatment (for magnetism and energy care). The time of the session is not nominative and will depend on the service chosen. No refund can be required post consultation. Magnetism and energy care are only complementary to traditional medicine and should not replace it. My rates are also listed in my office. They are not subject to VAT. Payments can be made, via the online site, by bank transfer, pay pal, cheque or cash. An invoice will be issued at each act as planned and will be given to you on request.
Rates:
Magnetism session 40 euros. In person on Villefontaine, at home on request or remotely.
Energy treatment 70 euros. In person on Villefontaine, at home on request or remotely.
Energy treatment complete 110 euros. In person on Villefontaine, at home on request or remotely.
Delivery of the Products
We can deliver our products in France, Switzerland and Spain.
The prices and delivery times vary according to the type of Products ordered, the delivery address and the chosen mode of delivery:
The artist undertakes to send the order within 6 to 10 working days.
Your artwork will be shipped with tracking number to allow you to track the progress of your package. Signature upon delivery is required.
Orders are subject to the taxes of the country of delivery. Orders that pass through customs are subject to import duties, taxes of the country of delivery and customs administration fees. In such cases, a customs invoice will accompany your package or follow by mail. Recipients are responsible for paying these additional fees, duties and taxes.
Applicable delivery rates and times will be communicated to you before confirming your order.
Coupons, gift cards and other offers
We may from time to time offer coupons, gift cards or discounts and other offers (the «Offers») regarding our Products. These Offers are valid only for the duration that may be indicated therein. The Offers cannot be
transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
RETURN AND REFUND POLICIES
FOR ORIGINAL WORKS
Upon receipt of payment for an original work you have purchased, the artist will provide you with a certificate of authenticity. Please note that the delivery is not included in the price of the canvas displayed, additional fees apply.
The certificate of authenticity you will receive guarantees the value of the canvas, as well as the accuracy of a real work made by the artist and not a reproduction.
This proof is to be kept for life, because it proves that the authentic work belongs to you. Take care to keep this document which proves that the authentic work belongs to you.
Note that there is no refund after the sale of a canvas. The deposit to reserve a canvas is non-refundable
De toile et de vibrations disclaims all liability after delivery of the work, if it is damaged by breakage, fire, theft, vandalism or negligence.
After receiving the work at home, the new owner is responsible for the property and undertakes to take care of the canvas.
Tips: Do not expose the canvas directly to the sun, as colors can change with the years. Keep the work in a place that is not too wet, because the wood support of the canvas could work with years. The artist uses only quality materials and media, which certifies the durability and beauty of the work over time.
The artist retains his copyright in the work, which prohibits plagiarism and the sale of reproductions of the work without the artist’s consent.
FOR PRINTING ON CANVAS or PAPER/ HANDLING AND PACKAGING
Each artwork is professionally packaged to ensure quality delivery. If a breakage occurs during transport, please inform the artist promptly upon receipt. Beyond 24H any claim will not be taken into account.
Shipping / Delivery
The artist undertakes to send the order within 6 to 10 working days.
In the case of a custom order, the time limits for the preparation of the original work and its drying will be communicated at the time of the order and may be modified by mutual agreement for perfect execution of the work, while not exceeding a period of 6 months.
Your artwork will be shipped with tracking number to allow you to track the progress of your package. Signature upon delivery is required. The artist will not be held responsible for additional delivery and receipt delays from the to the delivery company or the customer.
Orders are subject to the taxes of the country of delivery. Orders that pass through customs are subject to import duties, taxes of the country of delivery and customs administration fees. In such cases, a customs invoice will accompany your package or follow by mail. Recipients are responsible for paying these additional fees, duties and taxes.
Return policy
This site allows you to purchase original products or works of art. Copyright goes to Camaellya for reproduction and printing, regardless of the medium.
The artist does not accept any refund or return on the works and items sold on the site, except for a withdrawal period that applies and cases that are not our responsibility, such as a manufacturing defect, or a damaged work arrived in transit. Please report a problem found upon receipt at your home, with photos in support then write to us at
Returns of works not respecting the terms described above will not be taken into account.
The work must be returned in its original packaging and accompanied by a copy of the corresponding purchase invoice.
No complaint will be taken into account this time passed.(48H)
It should be noted that in all cases, you will have to bear the return and delivery costs of the new chosen table. Credit for exchange can only be made when we have received the table returned in its original condition.
Right of withdrawal for original works
The French buyer or resident in France has a period of 14 calendar days from the date of receipt of the original work ordered to withdraw without having to justify reasons or pay penalties, except for the return costs which remain at his expense and which he will have to pay.
This right does not apply in the case of a custom work order.
The user who wishes to exercise his right of withdrawal must send to the gallery at the contact details mentioned in article 1 of this before the expiry of the above time limit, the cancellation form attached to these general conditions duly completed, or a statement clearly expressing its willingness to withdraw and identifying the original work concerned.
The original work must be returned directly to De Toile et de Vibrations, in its original packaging, without undue delay and no later than 14 (fourteen) calendar days after the user’s communication of his intention to withdraw. It must be accompanied by a copy of the corresponding purchase invoice. The buyer is responsible for any damage to the original work upon its return.
The buyer will be refunded as soon as possible of the total amount paid for his order, less any shipping costs, which remain at the user’s expense provided that the returned item is in perfect condition.
The gallery will defer this reimbursement until the actual recovery of or works in their original state.
Member account
(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than you accesses your Member Account and/or any of your settings, they may take all actions that are available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login information safe. All such activities may be deemed to have occurred on your behalf and for your account, and you shall be solely responsible for all activities that occur on your Member Account, whether or not you have specifically authorized them, and for any damages, expenses or losses that may result from these activities. You are responsible for the activities performed on your Member Account in the manner described if you have allowed the use of your Member Account through negligence, not taking reasonable care to protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third party platform such as Facebook (the “Social Media Account”). If you register through a third-party platform account, you will
you authorize access to certain information about you, which is stored in your Social Network Account.
(4) We may terminate or suspend temporarily or permanently your access to your Member Account without liability, in order to protect ourselves, our Site and Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if circumstances require immediate action; in this case, we will notify you as soon as reasonably practicable. In addition, we reserve the right to terminate your Member Account without cause by sending you two months' notice by email if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual property
(1) Our Services and the associated content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URL, technologies, documentation, trademarks, service marks, trade names and commercial apparel and interactive features, as well as all related intellectual property rights, are our property or licensed to us (collectively, «Our Intellectual Property»), and nothing herein grants you any right in relation to Our Intellectual Property. Unless expressly stated herein or otherwise required by mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property All rights not expressly granted in these terms are expressly reserved.
(2) If the Products include digital content such as music or videos, you will be granted the rights to that content on the Site.
Exclusion of warranty for the use of the Site and Services
The Services, Our intellectual property and all documents, information and content provided relating to them that are made available to any user free of charge are provided “as is” and “as available”, without any warranty of any kind whatsoever, express or implied, including any guarantee of suitability for a particular use and any guarantee regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not guarantee that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty of the Products you have purchased from us, as mentioned in the «Product Warranty» section above, will not be affected.
Compensation
You agree to defend us and hold us harmless against any claim, damage, cost, liability and actual or alleged expense (including but not limited to reasonable attorney’s fees) arising out of, or in connection with, your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault.
Limitation of liability
(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result from you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, a business interruption, lost opportunities, loss of anticipated savings, the waste of management or office time, even if foreseeable, in connection with (i) this Site and its content, (ii) use, inability to use or results from using this Site, (iii) any website linked to this Site or the materials on such websites.
(2) We shall not be liable for any delay or failure to comply with our obligations under these Terms if such delay or failure results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the French Civil Code.
Modification of the Terms or Services; interruption
(1) We reserve the right to amend these Terms whenever necessary, in our sole discretion. You should therefore consult them regularly. If we make any material changes to these Terms, we will notify you that substantial changes have been made. Your continued use of the Site or our Service after such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.
(2) We may modify the Services, discontinue the Services or any feature of the Services that we offer, or create limits to the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will inform you in advance if possible under the given circumstances and we will reasonably consider your legitimate interests in such action.
Links to third party sites
The Services may include links that take you off the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or the links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for your convenience only. If we add links to other websites, this does not mean that we endorse their owners or content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of [France], except for conflict of law rules.
(2) If you wish to bring to our attention a matter, complaint or question concerning our site, please contact us: Camaellya38@gmail
If, after contacting us, you believe that the problem is not resolved, you will have the right to use the mediation procedure in case of dispute, pursuant to articles L.611-1 and following of the Consumer Code. To submit your request to the Consumer Ombudsman, please complete the online dispute resolution form available at: https://ec.europa.eu/consumers/odr/main/? event=main.home2.show
Miscellaneous
(1) No waiver of any default or defect hereunder shall be deemed to be a waiver of any prior or subsequent default or defect.
(2) The titles of articles used in these Terms are for convenience only and have no legal substance.
(3) Unless otherwise stated, if any part of these Terms is found to be illegal or unenforceable for any reason whatsoever, it is agreed that such part of these Terms will be deleted, that the other terms of these Terms will not be affected and will remain in force.
(4) By accepting the Terms, you agree not to dispute the probative value of documents exchanged through the Site, based on their electronic nature. Electronic records are considered as evidence of communications, orders and payments made between us.
(5) Your acceptance of the Conditions constitutes a proof in accordance with article 1368 of the French Civil Code.
(4) You may not assign your agreement with us under these Terms, or your rights or obligations under this Agreement, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and sale of the Products.
(6) The provisions of these Terms, which by their nature must survive any action on our part, will survive, including but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this Article “Miscellaneous”.
Contact us
To contact us, send an email to:
Of cloth and vibrations
14 rue du sorbier pavilion 62 CIDEX 381 38090 Villefontaine
Appendix 1 - Model of withdrawal form
(Art. R. 221-1 of the Consumer Code)
Right of withdrawal form
Fill out and send the following form if you wish to withdraw from the agreement.
Att. : Customer Service
Of cloth and vibration 14 rue du sorbier pavillon 62 CIDEX 381 38090 Villefontaine camaellya38@gmail.com
I hereby inform you that I withdraw my consent to subscribe to the Service below/purchase agreement for the following Products:
Name of department/product
Purchased/received on
Client name
If possible, please specify your account, order or customer number
Customer’s address
Date
User signature [if paper]