General sales conditions
Any order made for a product found within www.artiga.fr assumes that these general conditions have been consulted in advance.
As a result, the consumer confirms that he/she has been fully informed of the fact that his/her agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on-line the products displayed within the framework of the website shop. The consumer has the possibility of saving or editing these general conditions, it being specified that he/she alone is responsible for saving or editing this document. The consumer, prior to his/her order, declares that the purchase of these products has no direct connection with his/her professional activity, with the purchase being reserved for personal use on his/her part.
As a consumer, the customer has specific rights, which are undermined in the event of the products or services acquired within the framework of the website in fact having a connection with his/her professional activity.
Clause 1: Entirety
1-a: These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is considered to have accepted without reservation the entirety of the provisions in these general conditions. No general or specific condition in documents sent or submitted but the consumer may be integrated into these conditions, since these documents would be incompatible with these general conditions.
1-b: The language of these general sales conditions is French; the original shall prevail over any translation.
Clause 2: Objective
The objective of these general conditions is to define the rights and obligations of the parties as part of the on-line sale of goods and services offered by the ARTIGA - Des Goûts et Des Couleurs company to the consumer. The products offered for sale may only be purchased by an Internet user over the age of 18.
Clause 3: Contractual documents
This contract is made up of the following contractual documents, presented in decreasing order of hierarchy: these general conditions; the purchase order. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Clause 4: Electronic signature
For the purchase order, a "double-click" by the consumer constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Clause 5: Entry into force - Duration
These general conditions shall enter into force on the date the purchase order is signed. These general conditions are concluded for the duration required for provision of the goods and services taken out, until the guarantees due by the ARTIGA - Des Goûts et Des Couleurs company are extinguished
Clause 6: Order confirmation
The contractual information shall be subject to confirmation by e-mail after confirmation of the order.
Clause 7: Proof of transaction
The computer logs (excluding banking information), retained in the computer systems of the ARTIGA - Des Goûts et Des Couleurs company, shall be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on reliable and durable media that can be produced as proof.
Clause 8: Information about the products
8-a: The company ARTIGA - Des Goûts et Des Couleurs displays on its website the products for sale along with the necessary characteristics that allow respect for Clause L 111-1 of the Consumer Code, which makes provision for the possibility for the potential consumer of knowing the essential characteristics of the products he/she wishes to purchase, before making a definitive order. The products offered for sale are described and presented as accurately as possible. However, if errors or omissions occur with regard to this presentation, the ARTIGA - Des Goûts et Des Couleurs company cannot be held responsible. Photographs are not contractually binding. All text and images are protected by copyright and intellectual property. Any reproduction, even in part, is strictly prohibited.
8-b: The offers presented by ARTIGA - Des Goûts et Des Couleurs are only valid while stocks last.
Clause 9: Price
Prices are indicated in euros and are only valid on the date the purchase order is sent by the consumer. They do not take into account delivery charges, which are invoiced in addition, and indicated before the order is validated. Prices take into account the VAT that applies on the day of the order, and any change in the applicable VAT rate will be automatically passed on to the price of the products of the online shop. Payment of the entire price is made during the order. At no point may the sums paid be considered as deposits or down-payments. ARTIGA - Des Goûts et Des Couleurs reserves the right to modify its prices at any time, but the products shall be invoiced on the basis of the tariffs in force at the moment the order is made, on condition of availability on this date.
Clause 10: Payment method
10-a : To pay his/her order, the consumer has a choice of all the payment methods referred to on the purchase order. The consumer guarantees to ARTIGA - Des Goûts et Des Couleurs that he/she has any authorisations that may be required to use the payment method that he/she has chosen, on validation of the purchase order. ARTIGA - Des Goûts et Des Couleurs reserves the right to suspend any management of the order and any delivery in the event of refusal of authorisation for payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, ARTIGA - Des Goûts et Des Couleurs reserves the right to refuse to carry out a delivery or to honour an order from a consumer who has not paid a previous order, either in full or in part, or with whom a payment dispute is being handled. ARTIGA - Des Goûts et Des Couleurs may perform an order verification procedure aimed at ensuring that no-one uses the banking details of another person without their knowledge. As part of this verification, the customer shall be asked to send ARTIGA - Des Goûts et Des Couleurs a copy of his/her identity papers and proof of address by fax. The order shall only be validated after our services have received and checked the documents sent.
10-b: In order to ensure payment security, the company uses the p@iementcic payment service from the CIC bank.
Clause 11: Computer security
The company cannot be held responsible for the conditions of connection to the www.artiga.fr site, disturbance to the provision of service, any intrusion or presence of computer virus. As a result, ARTIGA - Des Goûts et Des Couleurs cannot be held responsible for any problems related to the use of the Internet and that are completely outside of the provisions and precautions it takes.
Clause 12: Product availability
The order shall be carried out at the latest within a period of 3 working days, counting from the day after the day the consumer placed his/her order. In the event of the product being unavailable, the consumer shall be informed as soon as possible, and will have option of cancelling the order. The consumer shall have the option of asking for reimbursement of the sums paid within 30 days at the most since the date they were paid, or alternatively exchange of the product. Furthermore, in the event of the product being unavailable, no damages may be claimed from ARTIGA - Des Goûts et Des Couleurs.
Clause 13: Delivery methods
The products shall be delivered to the delivery address indicated by the consumer. ARTIGA - Des Goûts et Des Couleurs cannot be responsible in the event of late delivery. The consumer must check the condition of the packaging of the merchandise on reception, and report any damages due to the carrier.
Clause 14: Delivery problems due to the carrier
The products are transported at the customer's risk. Any defect relating to the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.) must be reported to the postal service by the recipient as a claim (form available in post offices). The consumer must keep ARTIGA - Des Goûts et Des Couleurs informed of any complaint, by post at the address indicated below, or by telephone on: + 0033 (0)5.58.47.71.61.
ARTIGA - Service Client Internet
5 Rue Bremontier
40140 Magescq
FRANCE
Clause 15: Delivery errors
15-a: The consumer shall report any claim to ARTIGA - Des Goûts et Des Couleurs concerning delivery error and/or non-conformity of the products in terms of nature or quality compared to the indications mentioned on the purchase order on the day of delivery, or the first working day following the delivery, at the latest. Any claim submitted after this period shall be rejected.
15-b: This claim may be submitted to ARTIGA - Des Goûts et Des Couleurs: by telephone on +33 (0)5 58 47 71 61 or by e-mail to contact@artiga.fr giving the order number.
15-c: Any claim not submitted according to aforementioned rules, and within the time given, cannot be taken into consideration, and shall release ARTIGA - Des Goûts et Des Couleurs from any responsibility regarding the consumer.
15-d: On reception of the claim, ARTIGA - Des Goûts et Des Couleurs shall allocate a number for exchange of the product(s) concerned and shall send this to the consumer e-mail, fax or telephone. A product can only be exchanged after the consumer has been allocated an exchange number as per the procedure described above.
15-e: In the event of delivery error or exchange, any product to be exchanged or reimbursed shall be returned to ARTIGA - Des Goûts et Des Couleurs in full and in its original packaging, by registered Colissimo, to the following address:
ARTIGA - Service Client Internet
5 Rue Bremontier
40140 Magescq
FRANCE
To be accepted, all returns must be reported in advance to ARTIGA - Des Goûts et Des Couleurs customer service. The shipping costs are at the expense of ARTIGA - Des Goûts et Des Couleurs, unless the product returned proves not to correspond to the original declaration made by the consumer on the return slip.
Clause 16: Product guarantee
16-a: In compliance with Clause 4 of decree no. 78-464 of 24 March 1978, the provisions of these conditions cannot deny the consumer the legal guarantee which obliges professional vendors to guarantee all products sold against the consequences of hidden defects. The customer is responsible for use of the products.
16-b: In any case, the guarantee by ARTIGA - Des Goûts et Des Couleurs may not be greater than the total value of the products with which the responsibility originates.
Clause 17: Right of withdrawal
The consumer has 7days to return, at his/her own expense, any products that he/she does not want. This period starts from the day of delivery of the order to the consumer. If this period expires on Saturday, Sunday, a public or national holiday, it is extended to the next working day.
Any return must be reported in advance to the ARTIGA DGDC Company Customer Service: - as a priority by telephone on +33 (0)5 58 47 71 61 or by e-mail. The procedure in clause 15d shall be followed. The product must be returned by registered Colissimo to:
ARTIGA - Des Goûts et Des Couleurs
Service Client Internet
5 Rue Bremontier
40140 Magescq
FRANCE
Only products sent in their complete and intact original packaging, and in perfect resale condition, shall be taken back. Any damaged product shall not be reimbursed or exchanged.
This right of withdrawal may be exercised without penalty, except for the return shipping costs. If the consumer wishes to exercise his/her right of withdrawal, he/she has the option of requesting either reimbursement of the sums paid, or exchange of the product. In the event of exchange, return shipping shall be at the consumer's expense. In the event of the consumer exercising his/her right of withdrawal, ARTIGA - Des Goûts et Des Couleurs shall make every effort to reimburse him/her within a period of 15 days. The consumer shall then be reimbursed by crediting his/her bank account again (secure transaction) in the event of payment by bank card, or by cheque in all other cases.
Clause 18: Force majeure
Neither party shall have failed in their contractual obligations, insofar as execution of these is delayed, interfered with or prevented by exceptional circumstances or force majeure. All facts or circumstances that are unavoidable, external to the parties, unpredictable, inevitable, against the will of the parties and which they are unable to prevent, despite all reasonably possible efforts, shall be considered exceptional circumstances or force majeure. The party affected by such circumstances shall inform the other party within ten working days following the date on which they became aware of it. The two parties shall then come together, within one month, unless this is impossible due to the case of force majeure, to examine the impact of the event and agree the conditions within which the contract shall be executed. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly considered as cases of force majeure or exceptional circumstances, beyond those that are normally used by case law of French courts: total or partial blockage of transportation or supplies, earthquakes, fires, storms, floods, lightening; shutdown of telecommunications networks or difficulties with the telecommunications networks external to customers. Furthermore, the company cannot be held responsible for any serious event that prevents the company from functioning correctly.
Clause 19: Partial invalidation
If one or more stipulations of these general conditions are held to be invalid or declared to be invalid by the application of a law, regulation or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.
Clause 20: Non-renunciation
The fact that one of the parties does not claim a failure by the other party of any of the obligations addressed in these general conditions shall not be interpreted for the future as renunciation of the obligation in question.
Clause 21: Title
In the event of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Clause 22: Applicable law
These general conditions and the sales made by artiga.fr are subject to French law. This applies to substantive rules and procedural rules. In the event of dispute or complaint, the consumer shall address ARTIGA - Des Goûts et Des Couleurs as a priority to obtain a privately-negotiated solution. The competent court in the event of dispute shall be the DAX Commercial Court. artiga.fr cannot be held responsible in the event of regulations of a foreign country, in which the product may be used, not being respected.
Clause 23: Data Protection
Information requested from the consumer is required for processing his/her order, and may be communicated to contractual partners of ARTIGA - Des Goûts et Des Couleurs operating within the framework of executing this order. The consumer may write to ARTIGA - Des Goûts et Des Couleurs, the contact details for which are in the confidentiality charter on the website, to exercise his/her right to access and change information in the ARTIGA - Des Goûts et Des Couleurs files that concerns him/her, within the conditions for which provision is made by the law of 6 January 1978.
Loyalty points:
Loyalty points are a privilege granted to customers of artiga.fr site.
The ARTIGA - Des Goûts et Des Couleurs company reserves the right to modify the conditions for allocation of points, or terminate them at any time, without prior notice.
Points are acquired with various purchases on the site. They cannot be exchanged, reimbursed, or divided.
Points are calculated as follows:
- For 5€ of purchases, the customer acquires 10 points
- Once 700 points are acquired, the customer obtains a 10% discount, which he/she can use or not use on the next purchase. The customer may choose to reach the next level, which will give him/her an additional discount (See table below).
Nombre de points |
Remise |
700 |
10% |
1000 |
15% |
1300 |
20% |
|
