Terms of service

Overview

Welcome to CAROPONS.ART. The terms “we”, “us” and “our” refer to Caroline Pons, who publishes and operates this website — including all related information, content, features, tools, products and services — in order to provide you, as a visitor or customer, with a curated purchasing experience (the “Services”).

These Terms of Use, together with any related policies (the “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully: they contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and by our privacy policy. If you do not accept these Terms or that policy, you must not use the Services.

Section 1 — Access

By accepting these Terms, you represent that you are at least the age of majority in your country of residence. To use certain features — in particular to place an order — you may be asked to provide certain information (email address, billing, payment and shipping details). You represent and warrant that all information provided is correct, current and complete, and that you have all rights necessary to provide it.

Section 2 — Our products

We have made every effort to display the artworks as accurately as possible. However, colours and appearance may differ from how they appear on your screen due to the type of device used and its settings. We do not warrant that the appearance or quality of the products will meet your expectations or be the same as how they are described or rendered on the site.

All descriptions may be changed at any time without notice. We reserve the right to remove any product at any time and to limit quantities offered to any person or jurisdiction, on a case-by-case basis.

Section 3 — Orders

When you place an order, you make an offer to purchase. Caroline Pons reserves the right to accept or refuse your order for any reason, at her discretion. Your order is not accepted until we confirm its acceptance. We must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to honour cancellation requests after acceptance.

Your purchases may be returned or exchanged only in accordance with our refund policy. You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.

Section 4 — Prices and billing

Prices may change without notice. The price charged will be the price in effect when the order is placed and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include shipping and handling fees, or customs or import duties.

Payments are processed by third-party providers (PayPal, SumUp). You agree to provide current, complete and accurate payment information. You represent and warrant that (i) the payment information you provide is true and correct, (ii) you are duly authorised to use the payment method, (iii) the amounts charged will be honoured by your provider, and (iv) you will pay the amounts at the prices displayed, including shipping and any applicable taxes.

Section 5 — Shipping and delivery

We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we hand the artworks over to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual property

Our Services — including all artworks, texts, photographs, videos, graphics, trademarks and logos, as well as their design, selection and arrangement — are the property of Caroline Pons and are protected by French and international copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants any licence to the intellectual property of Caroline Pons or any third party. All rights not expressly granted are reserved.

Section 7 — Third-party links

The Services may contain hyperlinks to third-party websites (for example PayPal and SumUp payment pages, social networks, Google Maps). We are not responsible for reviewing or evaluating the content of such third-party sites. If you decide to leave the Services to access these sites, you do so at your own risk. Complaints, claims or questions concerning third-party products and services should be addressed to the relevant third party.

Section 8 — Privacy policy

All personal information collected through the Services is subject to our privacy policy. By using the Services, you acknowledge that you have read that policy.

Section 9 — Feedback

If you submit any ideas, suggestions, feedback or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback on any medium and for any purpose.

You represent and warrant that (i) you own or have all necessary rights in the Feedback you submit; (ii) the Feedback will comply with these Terms and will not violate the rights of any third party. We may, without being obliged to do so, monitor, modify or remove Feedback we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.

Section 10 — Errors, inaccuracies and omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, offers, shipping fees, delivery times or availability. We reserve the right to correct any such errors, and to change or cancel orders if information is inaccurate, at any time without notice (including after you have submitted an order).

Section 11 — Prohibited uses

You may only access and use the Services for lawful purposes. You may not use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame or intimidate anyone; (e) to transmit false or misleading information; (f) to send spam, junk mail or similar solicitations; (g) to impersonate any other person; (h) to upload or transmit viruses or other malicious code; or (i) to interfere with or circumvent the security features of the site. We reserve the right to suspend your access for any violation.

Section 12 — Termination

We may terminate this agreement or your access to the Services at our sole discretion, at any time and without notice. The following sections will continue to apply after any termination: Intellectual property, Feedback, Disclaimer, Limitation of liability, Indemnification, Severability, Governing law, and any other provision which by its nature should survive termination.

Section 13 — Disclaimer of warranties

Information provided on the Services is made available for general information purposes only. Except as expressly stated otherwise, the Services and all products are provided “as is” and “as available”, without any express or implied warranty, including the implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 14 — Limitation of liability

To the extent permitted by law, in no event will Caroline Pons, her partners, employees, agents or service providers be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including loss of profits, revenues, savings, data or replacement costs — arising from your use of the Services or any product obtained through the Services.

Section 15 — Indemnification

You agree to indemnify and defend Caroline Pons against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising from (1) your breach of these Terms, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

Section 16 — Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law, without affecting the validity of the remaining provisions.

Section 17 — Waiver and entire agreement

Our failure to exercise any right or provision of these Terms does not constitute a waiver of that right. These Terms and any policy published on this site constitute the entire agreement between you and us regarding the use of the Services.

Section 18 — Governing law

These Terms are governed by French law. Any dispute relating to their performance or interpretation will be subject to the competent courts in the jurisdiction where Caroline Pons has her place of business, subject to mandatory consumer protection provisions.

Section 19 — Changes

You may at any time review the most recent version of the Terms on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms. It is your responsibility to check for changes periodically. Continued use of the Services after a change is posted constitutes acceptance of that change.

Section 20 — Contact

Questions about these Terms should be sent to caropons@hotmail.fr. See also our legal notice for full information about the site publisher.