Terms & Conditions

The Belle Rebelle / Jacqueline Bonay

These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Customer) and Jacqueline Bonay, an artist registered in France, and selling under the business name of the Belle Rebelle (hereinafter referred to as the Belle Rebelle, we, our or us). Upon placing an order through the (mobile) Website, or using any of the services related thereto (the Services), you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein. These Terms and Conditions govern the Belle Rebelle shopping experience so that all of our Customers can shop easily at the Belle Rebelle!

Interpretation

• Artwork means the creative product produced by Jacqueline Bonay, which shall refer to both Original artworks, Print artworks, and Tech Accessories (including phone cases, laptop cases, etc.) under these Terms and Conditions.

• Agreement means the agreement that the Customer enters into when placing a purchase for certain Artworks via the Website, and thereby accepts the applicability of these Terms and Conditions.

• Customer is the party that executes the Order for Artworks as supplied by the Belle Rebelle.

• Limited Edition Print means a Print as defined below, which shall only be sold in a limited quantity.

• Offer means the offering of the Artworks for a reduced price or under other different conditions than those under which they are generally offered.

• Order means the Customer’s order for the Artworks from the Belle Rebelle after following the step-by-step process as set out on the Website.

• Original means an original, one-of-a-kind Artwork produced by Jacqueline Bonay, of which Print Artworks may be made.

• Print means a high-quality print of the Original Artwork created by Jacqueline Bonay and sold through the Website to the Customer.

• Services means the services as offered by the Belle Rebelle which relate to are in support of the sale of Artworks.

• The Belle Rebelle means the business registered under the laws of France as a sole trader, at 31 Rue Denfert – Rochereau Pézenas, 34120, Hérault, France, under business number SIRET 91023691800017 who is the seller of Print Artworks under these Terms and Conditions.

• Website means our website on www.thebellerebelle.com, where the Artworks are advertised.

• Tech Accessory means any protective or decorative mobile phone case or other technology-related accessory offered for sale on the Website.
  

General Applicability & Amendment

• These Terms and Conditions apply to all Services and Print Artworks offered by the Belle Rebelle, and all Orders placed by the Customer, except where expressly indicated to the contrary.

• You may not use the Services, place Orders, or accept these Terms and Conditions if you are not of legal age or have the required mental capacity to form a binding contract with the Belle Rebelle.

• Placing an Order requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. It is the responsibility of the Customer to read and understand the Terms and Conditions prior to placing an Order. If you do not agree to these Terms and Conditions, do not use of the Services or the Website.

• All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Order placed by the Customer.

• In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. The Belle Rebelle will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

• The Belle Rebelle may unilaterally change these Terms and Conditions. The amended Terms and Conditions are immediately applicable to any Agreements entered into after the amendments have been implemented.

• Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms and Conditions contains the entire legal understanding between the Belle Rebelle and you and supersedes any and all prior or written understandings or agreements in relation to Customer’s access to and use of the Services as well as any Orders placed by the Customer.

• Any personal data submitted by the Customer to the Belle Rebelle will be governed by the Privacy Policy.

  
  The offered Artworks

• The offered Artworks include Print Artworks, the Belle Rebelle also offers Tech Accessories, such as phone cases and laptop cases, featuring the artwork created by Jacqueline Bonay. The offered Artworks will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Artworks by the Customer. Where the Belle Rebelle uses images, these are a true representation of the Artworks. However, to the extent permitted by applicable law, the Belle Rebelle does not warrant or represent that the Artworks’ descriptions, colours, information, or any other content available on the Website are accurate, complete, reliable, current, or error free. Please take the time to read descriptions carefully and check the colours on multiple screens if you are concerned about colour variations.

• The Belle Rebelle reserves the right to refuse the Services or the sale of the Artworks to anyone for any reason and at any time.

• Obvious mistakes or errors in the description or depiction of Artworks do not bind the Belle Rebelle.

• Offers are free of obligation, unless a period of acceptance is stated in the Offer. If the Offer is not accepted within that specific period, the Offer will expire.

• The Belle Rebelle cannot be held to their Offer(s) if the Customer can reasonably understand that the Offer(s), or part thereof, contain(s) an obvious mistake or error.

• Offers do not automatically apply to repeat Orders, unless parties have agreed so in writing.

• The Belle Rebelle may, from time to time, offer Limited Edition Prints. Limited Edition Prints shall only be printed in a number that is specified in advance to the Customer. This number shall not be subject to change. Once this number is reached, then the Limited Edition Print will be sold out forever.

• If the Customer purchases a Limited Edition Print, the Customer will receive from the Belle Rebelle an authentication certificate, which will be signed by the artist, Jacqueline Bonay. This certificate will include which Limited Edition Print the Customer has bought, e.g. number 4 out of 100. The Customer is responsible for keeping the certificate safe and secure.

• The Belle Rebelle is entitled to offer the same Artwork as a Limited Edition Print in different sizes, at its own discretion.

  
  Orders and Payments

• Any amounts displayed on the Website or made known to the Customer in any other way shall be in Euro’s (€), including applicable taxes and excluding shipping costs, unless explicitly stated otherwise. This applies to both Artworks and Tech Accessories. Typing errors and price changes are reserved.

• The Belle Rebelle reserves the right to change the prices and rates, provided that such change is reasonably communicated to the Customer in advance of the Customer’s purchase. Once the Customer has placed an Order, the price will no longer be subject to any changes.

• The full purchase price is paid immediately upon placing an Order by the Customer providing the applicable credit or debit information with the Order.

• Due to the nature of the Services, where the Belle Rebelle partners with a print on demand fulfilment service, it is usually not possible to amend your Order once placed. If the Customer wishes to cancel or amend a purchase after placing an Order, but before receiving the Artwork, Customer must send an email as soon as possible to hello@thebellerebelle.com

• The Belle Rebelle takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.

• The Belle Rebelle has the right to seize its Services until the Customer fulfils all payments due. The Services shall be reinstated once payment has been made in full.

  Customer’s right of withdrawal & refunds

• The Customer has the right to withdraw from any purchase, for any reason, within a cooling-off period of 14 days after the Customer or a third party designated by the Customer in advance, who is not the carrier, has received an Order. The Belle Rebelle may ask the Customer about the reason for withdrawal, but the Customer is not obliged to state the reason(s).

• Please note that due to the custom nature of certain Tech Accessories, returns for incorrect size choice selected by the customer or a change of mind are not accepted. However, if the customer receives a damaged or defective Tech Accessory, The Belle Rebelle will replace the item or offer a full refund within a cooling-off period of 14 days after the Customer or a third party designated by the Customer in advance, who is not the carrier, has received an Order.

• During the cooling-off period, the Customer will handle the Artwork and the packaging with due care. Customer will initially only unpack the Artwork to the extent necessary to be able to assess whether or not the Customer wants to keep the Artwork.

• If an Artwork has been customized to the Customer’s specifications, the Belle Rebelle is not obliged to accept this Artwork in return. However, the Belle Rebelle may nevertheless do so at its own discretion.

• The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.

• Customer will notify the Belle Rebelle of the intent to exercise the right of withdrawal within the 14-day cooling-off period by following the steps set out by the Belle Rebelle on the Website. Within 14 days from the day following this notification, Customer will return the product to the Belle Rebelle.

• If Customer exercises the right of withdrawal, Customer will return the unused and undamaged Artwork with all accessories supplied and - where reasonably possible - in the original shipping packaging to the Belle Rebelle, which includes the original sturdy tube packaging with both end-caps in place.

• The Customer shall bear all the costs of returning the Artwork(s) to the Belle Rebelle.

• The Belle Rebelle will reimburse payments made by the Customer, within 14 days following the day on which the Belle Rebelle has received the returned Artwork in its original state and with the seal intact.

• The Belle Rebelle will use the same payment method that the Customer has used for the reimbursement, unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.

  Delivery

• The Belle Rebelle will take all reasonable care when receiving and executing Orders for the delivery of Artworks.

• Upon delivery of any Artwork, the Customer shall be fully and solely responsible for the Artwork.

• If a package gets lost in transit, the Customer must notify the Belle Rebelle of this no later than 14 days after the estimated delivery date. The Belle Rebelle will offer a full refund or free replacement to the Customer.

• For Orders damaged in transit, please get in touch within 14 days of receipt of the Order at hello@thebellerebelle.com Orders and/or Artworks damaged after receipt by the Customer are not eligible for a refund or replacement. Keep Artworks away from possible water and/or heat damage and handle the Artwork with care.

• If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the package is returned to the Belle Rebelle. The Customer will be liable for reshipment costs.

• Delivery times are indicative and do not entitle the Customer to dissolution or compensation if they are exceeded.

• If a delivery is delayed, or if an Order cannot or can only partially be executed, the Customer will be notified of this as soon as possible.

• The Customer is obliged to comply with the applicable import and export regulations and the customs regulations of the country-of-origin destination and transit.

• Any taxes, customs, or duty fees incurred on international parcels are the responsibility of the Customer. The Customer is solely responsible for all risks and consequences of importing Artworks.

  
  Force Majeure

• In the event of force majeure, there is no shortcoming attributable to the Belle Rebelle. Force majeure in these Terms and Conditions is understood to mean any circumstance independent of the will of the Belle Rebelle - even if it was foreseeable at the time the Agreement was concluded - which permanently or temporarily prevents fulfilment of the Agreement, and - to the extent not already therein included – war; danger of war; civil war; natural occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all external causes, foreseen or not foreseen, on which the Belle Rebelle does not have any influence. To the maximum extent permitted by applicable law, the Belle Rebelle shall not be liable for any compensation for any loss arising from force majeure.

  
  Limitation of Liability

• To the maximum extent permitted by applicable law, the Services provided by the Belle Rebelle on or through the Website are provided on an “as is” and “as available” basis. the Belle Rebelle hereby expressly disclaims any and all warranties, either express or implied, including but not limited to, any warranties of condition, quality, durability, or fitness for a particular purpose.

• To the maximum extent permitted by law, the Belle Rebelle makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website.

• The Belle Rebelle is not liable for possible damage caused under these Terms and Conditions or an Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of the Belle Rebelle, provided that it has been demonstrated by the Customer.

• The liability of the Belle Rebelle is at all times limited to the complete amounts paid by the Customer.

• To the maximum extent permitted by law, the Belle Rebelle shall not be liable for any indirect damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of the Services or purchase of any Artwork; (b) any conduct of any party other than the Belle Rebelle itself; (c) any defect in Artworks; (d) unauthorized access by third parties to Customers’ personal data; or (e) any violation of third party rights through the sale and/or use of Artworks, or claims by any party that they are entitled to defence or indemnification in relation to assertions of these rights.

• The Customer indemnifies the Belle Rebelle against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If the Belle Rebelle is held liable by a third party in relation to these Terms and Conditions and any underlying Orders, the Customer is obliged to pay the Belle Rebelle all costs related to this, and the Customer is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that the Belle Rebelle is not liable, but that the Customer is. If the Customer fails to do so, this automatically creates a right to claim from the Belle Rebelle against the Customer for the amount for which the Belle Rebelle is held liable.

• The Customer is liable for all damage that the Belle Rebelle may suffer as a result of a failure attributable to the Customer in the fulfilment of the obligations arising from the Terms and Conditions.

  
  Intellectual Property and use

• The Artworks, the Website and any supplemental content thereon are protected by applicable intellectual property laws and the Customer agrees to respect them. All rights, title, and interest not expressly granted to the Customer are reserved by the Belle Rebelle.

• The designs of the Tech Accessories offered on the Website are protected by applicable intellectual property laws, and the Customer agrees to respect them. All rights, title, and interest not expressly granted to the Customer are reserved by the Belle Rebelle.

• The Belle Rebelle (and thereby, Jacqueline Bonay) retains all rights and powers that accrue to it with regard to the intellectual property in the Artworks. The Customer may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way the Artworks or any other content on this Website.

• Even when the Customer purchases an Artwork, the ownership of any and all intellectual property rights in the Artwork remain vested in Jacqueline Bonay. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork without having written permission to do so. The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork. The Customer solely acquires the right to display the Artwork in their home.

• The Customer’s purchase of an Original or a Print Artwork does not, in any way, limit the Belle Rebelle and/or Jaqueline Bonay to sell this exact Artwork as a Print Artwork to any other customer, with the exception of Limited Edition Prints.

• Any depiction and/or image of the Artwork in the Customer’s home or interior in any publication, including, but not limited to, social media, magazines, or books, must come with attribution of Jacqueline Bonay and the title of the Artwork.

  
  Use of the Website

• By visiting the Website, contacting the Belle Rebelle, and completing any of the online forms, the Customer is communicating electronically. In doing so, the Customer consents to receive electronic communications in response, in accordance with our Privacy Policy.

• The Belle Rebelle does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, or any hyperlinked website.

• There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Belle Rebelle reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice to the Customer.

  Customer hereby agrees not to:

• Attempt to circumvent our security systems;

• Infringe in any way on any intellectual property rights of the Belle Rebelle or third parties;

• Use our Website for any other purpose than intended by the Belle Rebelle;

• Upload or submit content that contains viruses, or any other computer code, corrupt files, or programmes designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment;

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof.

  Complaints Procedure

• Complaints about the Services or these Terms and Conditions must be submitted fully and clearly to the Belle Rebelle within a reasonable time after the Customer has discovered the defects.

• The Customer must, in any case, give the Belle Rebelle two (2) weeks to resolve the complaint in mutual consultation.

• Complaints can be sent to hello@thebellerebelle.com and must contain any details about an Order, including your name, the order number, and the reason for the complaint, or any other relevant details.

  
  Applicable law

  
  

• Only the laws and regulations of France apply to the legal relationship between the Belle Rebelle and the Customer.

• The court of [Court] is authorized (in the first instance) to take cognizance of any dispute between the Belle Rebelle and the Customer, unless otherwise required by law.