Terms and Conditions

 

1 – General Terms 

1-1. These Terms and Conditions (subsequently referred to as the “terms”), provided by Hybrid's Crib (subsequently referred to as the “Editor”), concern all sales achieved through the www.hybridscrib.com website (subsequently referred to as the “Site”). The Site is a permanent marketplace enabling professional sellers (hereafter “Vendors” or “Users”), registered on the site, to contact individual or professional purchasers (hereafter “Acquirers” or “Clients”), also registered on the site, with a view to selling originals or authorized reproductions of Works of Art (hereafter the “Products” or “Works”). The Site is free of access and without any extra cost for the users.

1-2. These Terms are provided by the Site Editor. The Users of the Site are encouraged to read them attentively, to print them out and/or preserve a copy in safe location. As a consequence, placing an order, creating a dedicated space, or in a more general manner, Site navigation, all imply the full and unreserved consent of the User to these Terms, to the exclusion of all other documents.

Any condition required by the User and contrary to these terms therefore cannot be opposed without an expressly stated prior agreement, in writing, whatever the moment and/ or the manner in which it has made itself known. The User acknowledges that it is aware of the Terms and Conditions, and accepts them fully, without reserve.

1-3. The fact that at a given moment, Hybrid's Crib does not refer to these Terms and Conditions may not be interpreted as a cancellation of the application of any of these terms, conditions or provisions at a subsequent date.

 2 – Application of Terms and Conditions

 2-1. The object of these Terms is to define the rules for Site Usage applicable to the User, the obligations which concern the Editor as well as the conditions under which the Editor makes the technological tools available for the Users, tools allowing them to put their Product on sale.

2-2. The Terms which concern the User are those which are in application the day of their acceptation. This acceptation could consist in, for example, the User ticking the box next to a sentence concerning the consent to these terms, which could for example, be drafted as follows: “I recognise having read and accepted all the terms and conditions applicable to the Site”.

Ticking this box will be seen as having the same value as a handwritten signature delivered by the User.

2-3. When it comes to Users, accepting the current Terms pre-supposes that they possess the necessary legal capacity for this propose. If a User is a minor or does not possess this legal capacity, they must subsequently declare that they have obtained the authorisation of a guardian, or another legal representative. Hybrid’s Crib reserves the right to modify these Terms at any moment by publishing a recent version of them on the Site.

The User recognises the value as proof of the automatic recording systems provided by the Editor via its Site and, unless they can prove otherwise, will not counter the fact in the event of a disagreement.

 3 - Access to Site – Closure of Vendor Account

 3-1. Usage of the Site is free and calls for the creation of a vendor account allowing the User to reference and describe their Products, to conclude sales and benefit from payment. The creation of a dedicated space is an essential step for sales, and any other contribution of the User to this Site. To these ends, the User shall be invited to provide a certain amount of personal information. They pledge to provide information which is correct. The User registered on the Site may gain access by logging in with their registration details (an e-mail address as defined during registration, and a password), and possibly using systems such as access via social media. The User is entirely responsible for the protection of the password they have selected. Should they forget this password, the User may generate a new one. This password acts as a guarantee of the confidentiality of all information contained under the heading “my account”, and the User therefore forbids all transfer or divulgation to a third party. Should this occur, the Site Editor cannot be held responsible for unauthorized access to a User account.

3-2. All Users are free to close their accounts. To do so, they must send an e-mail to hybridscrib@gmail.com, indicating their wish to do so. No retrieval of personal data shall be possible from that moment onwards. The Editor has the exclusive right to suppress the account of any User who fails to respect the current Terms (notably, though this is not an exhaustive characteristic, when the User has supplied incorrect information during the registration and constitution of their dedicated space), and any account which has been inactive for over a year. This suppression shall not be liable for damages on the part of the excluded User, and as a result, they cannot claim indemnification. This exclusion does not prevent the Editor from engaging in legal proceedings concerning said User should any facts justify this.

4 - Description of Service

4-1. The Site connects Users to Acquirers with a view to:

• Selling the Products
• Referencing and describing the Products
• Accepting orders submitted by the Acquirers
• Listing the prices of sold Products
• Managing after sales services for Products which have been sold

 4-2. Via their Vendor account, the User submits the Products they wish to sell on the Site to the Editor, and the Editor possesses the discretionary right to decide or to refuse the effective sale of any given Product on the Site. The Vendor account of a User is visible on the Site only after validation by the Editor of at least one Product provided by this User.

The Sales handled through the Site are concluded directly between the Acquirer and User. The Editor is in no case the vendor of the Products provided by the Site Users.

They function as a mere intermediary within the unique structure of the provision of a Site allowing to set up a connection between Users and Acquirers. As a result, the Editor does not feature in the contract signed between the Acquirer and the User. The User is the unique Vendor of the Works and is the only party subject to the obligations which derive from this.

 4-3. The Editor does their utmost to make the Site permanently accessible with the exception of maintenance operations performed on the Site or the servers which host it. In the event of an impossibility in accessing the Site because of technical problems or issues of any other nature, the User shall not be able to claim damages and has no right to compensation. The Editor of the Site is only bound by duty of care; their responsibility cannot cover any damages caused by usage of the Internet such as a loss of data, intrusion, viruses, interruptions in service, or others.

The User expressly states that they shall use the Site at their own risk, and under their exclusive responsibility. In all cases, the Editor can in no way be held responsible :

• For any direct or indirect damages, notably concerning profits and losses, a lack of business, loss of customer base, data that could be generated, amongst others, from the use of the Site, of on the contrary, the impossibility of its use.
• For a malfunction, unavailability of access, faulty usage, faulty configuration of the User’s computer, and also the use of a browser seldom the User is unfamiliar with.

5 – Obligations Relative to the Sale of the Products

5-1. The User pledges:

• To sell the Products they are the proprietors of, or if they benefit from the appropriate rights to enable their sale. As a result, they shall refrain from selling Products which are counterfeit as far as intellectual property is concerned.
• Not to contravene current laws, regulations, applicable standards and not to breach the rights of any third parties.
• Exclusively offer Products destined for sale on the Site.
• Indicate, without delay, if Products no longer available for sale.
• Provide a descriptive file to the Editor for each Product which is on sale. This file shall contain one or several images of the Product, a brief description of the Product with information such as its title, its size, its weight, its nature etc. The Product may only be visible on the Site once the Editor has validated the contents of this file.
• Supply correct information concerning the Products on sale. The User pledges not to mislead potential Acquirers, whether this concerns the characteristics or state of the product.
• Sell authentic Products only. To achieve this, the User shall supply a Certificate of Product Authenticity sold to the Acquirer.

5-2. The User is informed by email, in their dedicated space, once a Product placed online is the object of an order from an Acquirer. The User must confirm availability of the Product sold within 48 hours following the reception of the notification. If no response is provided by the User after this deadline, the sale shall automatically be cancelled.

Once the User is notified that a new order has been processed, they pledge not to sell the Product to a third party for three working days following the date of this notification.

Material advertising the Product shall no longer be visible on the site during these three working days. If, after five working days, the Editor has not validated the order by confirming the reception of payment, the order shall be cancelled, and the User is authorised to sell the Product to another Acquirer. The advertisement shall once more be visible on the Site.

The Editor shall inform the User of the delivery characteristics allowing them to package and despatch the Product.

6 – Price – Payment Details

6-1. Product pricing is defined by the User, delivery costs are not included. The Acquirer is responsible for all delivery and border tariffs. It is up to the User to determine Product pricing including foreseeable taxes and fees that will exclusively be owed to the User, and the commission which shall be collected by the Editor.

Product price includes tax. As a result, the price paid by the Acquirer, including VAT, is determined by the User, to which the Editor subsequently calculates and adds delivery fees.

The Editor is granted a mandate of payment and billing on behalf of the User. The User accepts the use of Stripe payment services made available by the Editor.

6-2. For each Product order received by an Acquirer, and in exchange for their services, the Editor shall benefit from a commission of 35% of the price determined by the User and paid by the Acquirer, including VAT and excluding delivery fees.

This commission of 35% owed to the Editor acts as compensation for services provided. As a result, it is subject to 20% VAT.

The Editor shall provide the User with the total selling price once the commission had been deducted, the Monday following a 14-day handling period.

 7 – Product Delivery

 Once the sale is confirmed, the User indicates the availability period during which the Product may be collected by a courier service designated by the Editor at the address indicated in the User account details.

The User pledges to respect the dates determined for the retrieval of the sold Product.

The Editor insures the Product throughout the duration of transport.

The User pledges to respect obligations concerning delivery dates, the guarantee of quality packaging and the conformity of the sold Product.

8 – Right of Withdrawal

In keeping with applicable legal requirements, the Acquirer has a period of 14 days from the delivery date onwards to exercise their right of withdrawal without fees or a given reason.

All returned Products are subject to the following conditions:

 The Acquirer exercises their right of withdrawal regarding Hybrid’s Crib by sending an email to the following address hybridscrib@gmail.com

• Hybrid’s Crib must have accepted the client’s prior request and communicated a file reference number to them, as well as instructions governing return procedures.
• The product must be returned in its entirety, in a pristine state and accompanied by its documentation and original packaging or an equivalent.
• The return fees are billed to the client, with the exception of returns whose cause could be attributed to Hybrid’s Crib.
• Hybrid’s Crib is responsible for the product, for the entire duration of transport.
• The client shall be reimbursed 14 days at the latest, following the date of reception of the returned product.
• The refund exclusively covers the price of the work and delivery in the event of a damaged work.

 Any violation of the conditions above shall lead to the simple rejection of the return consignment, given that Hybrid’s Crib shall in no way endorse any responsibility regarding the risks relative to the product concerned even if the latter is stored on its premises. The Acquirer refund is achieved once the User has notified the Editor of proper reception of the Product.

9 - Cookies

A “Cookie” allows the identification of the User on the Site, the personalisation of their navigation on the Site and the acceleration of displays on the Site thanks to the recording of data files in digital format. The Site may use these “Cookies” principally to obtain navigation statistics so as to improve the User experience and grant access to a dedicated account as well as to content which is not accessible without logging in.

The User recognises that they have been informed of this and authorises the Site Editor to engage in this practice. The Editor pledges never to communicate the content of these “Cookies” to a third party, unless legally obligated to do so.

The User can refuse the storage of these “Cookies” or configure their navigator to grant prior warning concerning possible acceptance of these “Cookies”. To do this, the User may proceed with the configuration of their browser as follows:

• Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• Safari: https://support.apple.com/fr-fr/ht1677
• Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
• Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
• Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

 10 – Copyright – Confidentiality - GDPR 

10-1. All the elements of this Site are used by Hybrid’s Crib with the authorisation of their Owners/ Vendors. This Site uses elements (images, photography, content) whose property is the sole preserve of the Vendors.

10-2. All reproduction, representation, adaptation of logos, text content, pictographic elements or videos, without this list being exclusive, is strictly forbidden and classified as counterfeit.

Brands and logos contained on the Site may be registered by Hybrid's Crib, or by one of their partners.

Any person engaged in the representation, reproduction, combination, broadcast or repeated broadcasting may be sanctioned according to article L.713-2 and according to the French Code on intellectual property.

Any Client guilty of counterfeit activities may have their account cancelled without prior notice or indemnification, and without this suppression being constitutive of any allocation of damages to them, irrespective of potential lawsuits pertaining to them, upon the initiative of Hybrid’s Crib or those they represent.

10-3. All parties mutually pledge to respect a general obligation of non-disclosure concerning any confidential information, whatever it may be, and whatever the support (discussion reports, plans, exchange of data online, activities, projects, know-how, etc..) exchanged within the frame of execution of these terms, except for information which is generally known to the public or which is in the public domain otherwise than by the fault or actions of one of the parties. The violation of the clauses above could lead, at the initiative of Hybrid’s Crib, to the suspension of deliveries, the suspension of the contract and/or an indemnification of the prejudice suffered. All parties pledge to take the necessary measures to ensure the respect of this obligation of confidentiality, for a duration of two (2) years after the delivery date and ensure the respect of this obligation by the entirety of their employees.

 10-4. If one or the other of the parties should collect, process or simply have access to personal data provided by one or the other party, they must take all the precautions for usage to ensure the protection of the given data by taking all the security measures, notably in conformity with GDPR article 32.

Each of the Parties is informed that the data collected by these Parties within the current setup could be the object of online processing, notably to guarantee the follow-up of contractual relations and the execution of their legal and reglementary obligations.

 11 - Responsibility

The Editor is not responsible for the veracity of the content published by the Users. The Editor can in no way be held responsible for any damages likely to affect the IT systems of the User and/or loss of data deriving from the usage of the Site by the User.

The Editor pledges to constantly update the Site content and to provide Users with fair, clear, precise and contextually relevant information. Upon principle, the Site is permanently accessible, except during the technical operations of maintenance and updating of its content. The Editor cannot be held responsible for damages resulting from the unavailability of the Site or the parties belonging to it. The responsibility of the Site Editor cannot be incurred because of a faulty technical connection, notably if it is due to unforeseeable causes, to maintenance, to an update, to modification of the Site, or to an intervention of the host, an internal or external strike, a network fault or a power cut.

The Editor cannot be held responsible for the malfunctioning, impossibility of access or issues with the Site owing to ill-adapted equipment, to a bad configuration or usage of the Vendor’s computer, problems with the User’s browser as well as the internet service provided.

12 - Independence of Clauses

If one of the clauses of these terms is judged illegal, null or inapplicable for any other reason, this clause shall become divisible from the rest of the terms and shall no longer affect the validity and applicability of the remaining clauses.

These terms replace any anterior or contemporary agreements, be they written or spoken. They are not accessible, transferable or sub-licensable by the User themselves.

A copy of these terms and all subsequent comments and amendments, provided in an electronic format, can be obtained for legal or administrative proceedings in relation to these terms. All parties agree that all written exchanges relative to these terms must be drafted in the French language.

13 – Applicable Law – Relevant Tribunal

The clauses of these terms are subject to French law.

Except for dispositions of public order, any dispute that could arise in the frame of the execution of these terms before any legal proceedings could be subject to the appreciation of the Site Editor with a view to an out of court settlement.

Unless there is a reason stating otherwise concerning public order, any legal action relative to the execution, withdrawal or interpretation of these terms shall be subject to the competency of the relevant French legal bodies.