ZABIWA — Terms & Conditions (CGV)
Last updated: [DATE]
These Terms & Conditions (“Terms”) govern purchases made on zabiwa.com (the “Site”) between:
- [LEGAL ENTITY], trading as ZABIWA (“Zabiwa”, “we”, “us”) and
- the purchaser (“you”, “Customer”).
If you are a consumer, nothing in these Terms limits your mandatory statutory rights.
1) Legal information (Seller)
Seller: [LEGAL ENTITY] (ZABIWA)
Address: [ADDRESS]
SIRET: [SIRET]
VAT: [VAT NUMBER if applicable]
Email: [EMAIL]
Hosting: [HOSTING PROVIDER]
2) Products
We sell fine-art print editions of Zabiwa artworks (“Prints”), described on each product page (size, paper/finish, edition type, signature/numbering where applicable).
Editions
- Open Edition: not limited in quantity unless stated otherwise.
- Limited Edition: limited to the stated number; once sold out, the edition is closed.
- If an edition is described as signed/numbered, it is performed manually and small placement variation can occur; this is not a defect.
3) Ordering & contract formation
- You place an order on the Site.
- Payment is processed via Stripe.
- A binding sales contract is formed when we confirm acceptance of your order (email or on-screen confirmation).
We may refuse/cancel an order before acceptance in cases including: obvious pricing errors, suspected fraud, fulfilment constraints, or technical issues. If payment was taken, it will be refunded.
Important (France): the order validation step must clearly indicate an obligation to pay (e.g., “commande avec obligation de paiement” or equivalent unambiguous wording). :contentReference[oaicite:5]{index=5}
4) Prices, taxes, and import charges
Prices are shown at checkout in the displayed currency. Taxes may apply depending on your location and checkout settings.
If your country applies import VAT, duties, or handling fees, you are responsible for them unless explicitly stated otherwise at checkout.
5) Payment (Stripe)
Payments are processed by Stripe. We do not store full card details. Your payment is subject to Stripe’s processing rules and fraud checks.
6) Production & fulfilment (theprintspace / Creativehub)
To ensure consistent museum-grade production, we use theprintspace / Creativehub as a specialist print production and fulfilment partner (the “Fulfilment Partner”).
Key points:
- Prints are produced on demand after order acceptance.
- Typical dispatch target is 2–5 working days, depending on production routing and selected options; estimates are not guarantees.
- Production may be routed through different facilities to optimise delivery times and logistics.
7) Delivery, tracking, and address accuracy
Delivery options, costs, and estimates are shown at checkout. Tracking is provided where supported.
You are responsible for providing a complete and correct delivery address. If a parcel is returned due to an incorrect/incomplete address or failure to collect, reshipping may be charged.
Transfer of risk (consumers): risk transfers when you (or your designated recipient) take physical possession of the goods.
8) Colour variation & print tolerances
Screens vary and are backlit; prints are reflective and depend on paper/finish. Minor variations in colour, density, and trimming can occur within industry-standard tolerances.
9) Right of withdrawal (EU/France) — important
If you are a consumer buying at a distance, you generally have a 14-day right of withdrawal (cooling-off period), subject to legal exceptions. :contentReference[oaicite:9]{index=9}
9.1 When withdrawal DOES NOT apply
Withdrawal does not apply to goods made to your specifications or clearly personalised (legal exception). :contentReference[oaicite:10]{index=10}
Practical rule for Zabiwa:
- If your order is standard (standard size/format listed on the Site, no personalisation), withdrawal normally applies.
- If your order is clearly personalised (e.g., custom size not listed, custom crop requested, bespoke variant made specifically for you), withdrawal may be excluded under the legal exception.
We will indicate on the product page or during checkout when an item is treated as “personalised / made to specifications” for withdrawal purposes.
Note: if you do not properly inform consumers about withdrawal, the withdrawal period can be extended under French rules (compliance risk). :contentReference[oaicite:11]{index=11}
9.2 How to withdraw (when applicable)
To withdraw, email [EMAIL] within 14 days of receiving the goods, stating your order number and your decision to withdraw.
Unless we are at fault, return shipping costs are borne by the customer.
Refund timing: within 14 days of receiving the returned goods (or proof of shipment), using the original payment method, subject to lawful deductions for diminished value caused by handling beyond what is necessary to establish the nature/characteristics of the goods.
10) Damaged, defective, or incorrect items
If your order arrives damaged, defective, or incorrect, contact [EMAIL] within 48 hours of delivery with:
- order number
- photos of the outer packaging, inner packaging, and the issue
We will arrange an appropriate remedy (replacement, reprint, or refund) depending on the case.
11) Legal warranties (France/EU consumers)
Consumers benefit from the legal warranty of conformity: the seller is liable for conformity defects appearing within 2 years from delivery. :contentReference[oaicite:12]{index=12}
This is separate from any commercial guarantee and applies regardless of any “no warranty” wording.
(Any additional warranty rights, including for hidden defects, may apply under French law where relevant.)
12) Intellectual property
All artworks, images, text, and branding are protected. Purchasing a Print transfers ownership of the physical print only; no reproduction or commercial rights are granted.
13) Personal data
Personal data is processed according to our Privacy Policy: [LINK TO PRIVACY POLICY].
14) Consumer disputes & mediation (France)
If a dispute cannot be resolved directly with us after a written complaint, you may use consumer mediation, free of charge. :contentReference[oaicite:13]{index=13}
Designated mediator:
[MEDIATOR NAME]
[MEDIATOR WEBSITE]
[MEDIATOR POSTAL ADDRESS / CONTACT]
[HOW TO FILE A REQUEST]
15) Liability
We are responsible for foreseeable loss or damage caused by our breach or negligence. We do not exclude liability where doing so would be unlawful.
16) Force majeure
We are not liable for delay or failure caused by events beyond our reasonable control (carrier disruption, customs delays, major outages, etc.).
17) Changes to these Terms
We may update these Terms. The version in force at the time of your purchase applies to that order.
18) Governing law & jurisdiction
These Terms are governed by French law, without prejudice to mandatory consumer protection rules that may apply in your country of residence.
19) Contact
Questions about these Terms: [EMAIL]