Terms of sale

Welcome to Side Street ! The terms “we”, “us”, “our” and Side Street" refer to "Thomas Barbieri". Side Street operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Side Street is powered by Shopify, which enables us to provide the Services to you. 
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
Side Street offers original, handmade artistic sculptures produced in limited, numbered, and signed editions. Each artwork is crafted manually, which may result in slight variations in shape, color, texture, or finish from one piece to another and from the photographs displayed on the website.
These variations are inherent to the artisanal and artistic nature of the works and do not constitute defects. Product photographs and descriptions are provided for illustrative purposes only and aim to represent the artistic intent as faithfully as possible.
All artworks are intended for decorative purposes only and are not toys. Due to their handcrafted nature, the artworks may be fragile and can break if dropped or improperly handled.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Side Street reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Side Street confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Side Street may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
Artworks are carefully packaged to ensure safe transport and shipped via reliable carriers such as La Poste (Colissimo), DHL, or FedEx, depending on the destination.
For deliveries within the European Union, the risk of loss or damage remains with Side Street until the artwork is delivered to the customer.
For deliveries outside the European Union, the risk of loss or damage transfers to the customer upon delivery, subject to applicable local laws.
Any customs duties, import taxes, or additional fees applicable to international shipments are the sole responsibility of the buyer.

SECTION 6 - DAMAGED ITEMS UPON DELIVERY
Customers are required to inspect their artwork immediately upon delivery.
In the event that an artwork arrives damaged, the customer must contact Side Street by email within 48 hours of receipt, providing clear photographic evidence of the damage and the original packaging.
Upon validation of the claim, Side Street will offer, at its discretion, either a replacement artwork (subject to availability) or a refund. No return, refund, or replacement will be accepted without prior contact by email and photographic proof.

SECTION 7 - RIGHT OF WITHDRAWAL
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to artworks that are handmade, produced in limited editions, signed and numbered, and whose nature makes them unique artistic creations.
Consequently, no withdrawal or return is accepted except in the case of damage upon delivery, under the conditions described above.

SECTION 8 - INTELLECTUAL PROPERTY
All artworks, sculptures, designs, visuals, photographs, texts, logos, and content presented on the Side Street website are protected by copyright and intellectual property laws.
The sculptures sold by Side Street are original artistic works. The purchase of an artwork does not transfer any intellectual property rights, including copyright or reproduction rights, to the buyer.
Any reproduction, representation, modification, distribution, or use of the artworks or website content for commercial or non-commercial purposes, without prior written consent from Side Street, is strictly prohibited.
Buyers are authorized to display the purchased artwork for personal, private, and decorative purposes only. Any other use, including reproduction, resale of reproductions, or commercial exploitation, is not permitted without explicit authorization.

SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY
The Side Street online store is hosted by Shopify Inc., which provides the e-commerce platform allowing Side Street to sell its artworks online.
Shopify is a third-party service provider and does not own, create, sell, or control the artworks offered on this website. Shopify is not responsible for the content, quality, legality, or availability of the artworks.
Any issues relating to orders, artworks, returns, refunds, or customer service must be addressed directly to Side Street. Shopify bears no responsibility for the contractual relationship between Side Street and its customers.

SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 13 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Side Street, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES
Side Street provides artworks as original artistic creations. Except as expressly stated in these Terms, the artworks are provided “as is” and “as available.”
Side Street does not guarantee that the artworks will meet subjective expectations, as artistic perception is inherently personal. Minor imperfections or variations resulting from the handmade process do not constitute defects.
This disclaimer does not affect statutory warranties applicable under French or European consumer law.

SECTION 18 - LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Side Street shall not be held liable for damages resulting from improper use, handling, storage, or accidental breakage of the artwork after delivery.
Side Street shall not be liable for indirect or consequential damages, including loss of enjoyment or aesthetic dissatisfaction.
Nothing in these Terms limits liability for damages that cannot be excluded under applicable law.

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Side Street, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 23 - GOVERNING LAW
These Terms of Service are governed by and construed in accordance with French law.
Any dispute relating to the interpretation or performance of these Terms shall be subject to the exclusive jurisdiction of the competent courts of France.

SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at side.street.info@gmail.com. 
Our contact information is posted below:
Side Street
side.street.info@gmail.com

6 rue du 24 mars 1852, 69009 Lyon, France
SIRET: 92896969000017