Terms of Sales
Distance selling to consumers applicable from
ART & FESTIF, SAS with capital of 16,000 €, registered in the Register of Commerce and Companies of CHERBOURG under the number 831 249 271,
Head office: Rue du parc d'activités - 50470 LA GLACERIE, phone 09-74-71-57-38, email firstname.lastname@example.org
Intra-Community VAT number: FR45 831 249 271
1. GENERAL PROVISIONS
2. PRODUCTS AND PRICES
3. ORDERS AND CONFIRMATION OF ORDERS
7. DELIVERY AND DELIVERY
8. MERCHANDISE RECEPTION
10. INTELLECTUAL PROPERTY
11. INFORMATION AND FREEDOM
12. DISPUTES - APPLICABLE LAW - COMPETENT COURTS
These General Terms and Conditions of Sale (hereinafter the "Terms") apply exclusively to the online sale of the products offered by the company ART & FESTIF (hereinafter the "Products") on its website www.artetfestif. fr (hereinafter the "Site").
The GTC is exclusively applicable to Products delivered to consumers (hereinafter the "Customers") established in France.
The Terms and all information presented on the site are written in French.
The Terms and Conditions are made available to Customers on the Site and are available at any time. The GTC are opposable to Customers who recognize, by checking the box provided for this purpose, to have read it before placing their order. Any order placed implies the unconditional acceptance of these Terms and Conditions that take precedence over any other clause or stipulation mentioned on orders, correspondence, prospectuses, catalogs, photographs or any other documents exchanged. A non-modifiable PDF version of the terms and conditions applicable on the day of the order is sent to the Customers by email confirming the order.
ART ET FESTIF reserves the right to modify the GSC at any time. In case of modification of the GTC, the GTC applicable to the order are those in force on the date of the order, including a PDF copy was sent to the Customer in the order confirmation email.
The nullity of a contractual clause does not entail the nullity of the GSC. Likewise, the temporary or permanent non-application of one or more clauses of the GTC does not constitute a waiver by the party concerned of invoking it.
PRODUCTS AND PRICES
Products offered for sale are the subject of a description on the Website established by the supplier or the manufacturer. The photographs illustrating the Products do not constitute a contractual document. Only the information contained on the summary of the order is authentic.
The Customer is informed that the Products are offered for sale within the limit of their availability and in a number determined according to the constraints related to their transport for bulky or heavy objects. The Customer is informed about the special rules applicable to the delivery of bulky or heavy items at the time of product selection and during the validation of his basket. The unavailability of a Product will not give rise to any compensation.
The selling prices are indicated for each of the Products appearing on the Site in euros all taxes included (TTC) except expenses of packing, delivery and insurance, these costs being brought to the knowledge of the Customers before the validation of the order and invoiced separately.
The total amount owed by the Customer excluding packaging, delivery and insurance costs is indicated in the step "verification of the order". The Customer is informed of the costs of packaging, delivery and insurance when choosing the mode and delivery options.
The selling prices of the Products are those in force on the day of placing the order.
ART ET FESTIF reserves the right to modify the prices at any time while guaranteeing to the Customers the application of the prices on the day of the placing of the order.
In the event of a promotional offer offered or accepted by ART ET FESTIF, the Customer undertakes to provide on the Site the promotional code giving the right to the promotion so as to allow FESTI to apply the promotional price to any order within the part of the promotional offer. No promotional price will be applied and no adjustment will be made if the promotional code has not been filled at the time of placing the order.
3. ORDERS AND CONFIRMATION OF ORDERS
The placing of an order implies:
- the creation of a customer account during the first visit of the Site or the connection to his customer account if it has already been created,
- the selection by the Customer of the Products and their quantities in the virtual basket,
- the indication of the billing and delivery addresses (which can be automatically filled after the creation of the account),
- the choice of options and delivery methods,
- the choice of payment method
- the indication of a promotional code if applicable - the validation of the order by a click on the button "Validate and pay".
Before clicking on the "Validate and pay" button, the Customer has the possibility to check the details of his order and his total price and return to the previous pages to correct any errors.
After having clicked the button "Validate and pay", the Customer proceeds to the payment of the order by credit card on the portal displayed for this purpose. The Customer receives by ART AND FESTIVE an email confirmation of the order as soon as possible.
Any modification of the order after its confirmation by ART AND FESTIVE is subjected to the acceptance of ART AND FESTIVE.
ART ET FESTIF reserves the right to make the Products ordered changes that are related to technical developments under the conditions provided for in Article R.132-2-1 of the Consumer Code, without this impact the price or quality of the Products ordered.
The order will be considered final only from the collection, by ART AND FESTIVE, of the total price of the order, subject to the availability of the Products.
If one or more of the ordered Products are unavailable at the delivery, ART ET FESTIF informs the Customer immediately and proposes to him:
- The cancellation of the order and a full refund,
- Either the maintenance of the order with the partial refund corresponding to the price of the unavailable product.
In case of absence of choice by the consumer on the option (cancellation and full refund or partial refund), ART ET FESTIF will proceed to the partial refund, it being specified that the refund must occur no later than 30 days after the receipt of the payment of the order.
ART ET FESTIF reserves the right to refuse any order for legitimate reasons, especially if the quantities of products ordered are abnormally high for Customers acting as consumers.
The Customer has a period of 14 days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except the costs of return. The Customer will inform ART ET FESTIF of his decision of withdrawal by sending him the withdrawal form available on the website www.artetfestif.fr or any other declaration without ambiguity, expressing his willingness to retract.
The period of 14 days runs from the receipt of the Products or in case of delivery in several lots of the same order, from the receipt of the last Product. If the 14 day period expires on a Saturday, Sunday, public holiday or holiday, it is extended until the next business day.
Products subject to the right of withdrawal must be returned within 14 days of the communication of the withdrawal decision.
ART ET FESTIF reserves the right to refuse any return of a product that is not complete, in its original packaging and in a state allowing its subsequent marketing. In addition, given the nature of certain products (perishable products, etc ...) and for reasons of safety or hygiene, these must be returned complete and in their original packaging intact.
In case of exercising the right of withdrawal, the Customer is refunded the price paid for the Products ordered on the Site and returned following the exercise of the right of withdrawal in the above conditions, including standard delivery charges. Return costs are the responsibility of the Customer.
The refund is made by the same method of payment as that chosen by the Customer when ordering, no later than 14 days following the date on which the right of withdrawal was exercised, namely either the receipt of the proof of payment. the shipment of the Products by the consumer, that is the reception by ART and FESTIVE of the returned Products, the chosen date being that of the first of these facts. Beyond this, the sum due is, as of right, productive of interest at the legal rate in force.
All Products provided by ART ET FESTIF benefit from the legal guarantee of conformity provided for in articles L.217-4 to L.217-14 of the French Consumer Code. So when the Customer buys a Product on the Site, ART ET FESTIF guarantees it against its lack of conformity. The guarantee applies provided that the defect exists at the date of acquisition. The Customer has two years to act and to benefit from the guarantee and to obtain the repair or the replacement of the Product.
The Customer also benefits from the legal warranty of hidden defects provided for in articles 1641 and following of the Civil Code. So when the Customer buys a Product on the Site, ART ET FESTIF guarantees it against its hidden defects. The warranty applies provided that the defect is hidden, rendering the product unfit for the intended use and exists on the date of acquisition.
As part of the exercise of the legal warranty, the Customer reports the lack of conformity to the Customer Service and returns the Product to the following address: ART AND FESTIV street business park.50470 LA glacerie
If the lack of conformity is confirmed by the Customer Service, the Customer will be entitled to obtain the replacement or repair of the Product within 30 days from the receipt of his claim. However, if replacement or repair is impossible or entails an unreasonable cost compared to the value of the Product, ART ET FESTIF may prefer to reimburse the Customer. In case of minor defect, ART ET FESTIF reserves the right to refund only part of the price in accordance with Article L.217-10 of the Consumer Code.
The warranty is excluded in the event of normal wear and tear or damage caused by misuse or improper use of the Products, especially in the event of connection errors, overvoltages, mechanical alterations, falling, lack of interview. No warranty will be payable for Products indicated as not intended for professional or intensive use if it appears that they have been the subject of professional or intensive use.
The return costs are reimbursed to the Customer upon request from him.
The price is due in full after the confirmation of the order by the Customer.
Orders are payable in euros according to the payment methods provided on the Site. The site has a secure payment system. No discount will be accepted.
Payments made under the payment facilities described on the Site or for Special Products requiring a manufacturing period are deemed to be down payments and will not be refunded in the event of cancellation of the order.
Any order not paid or subject to a refusal of payment will be automatically canceled beyond a period of 15 days if the Customer has not remedied. ART ET FESTIF will be irrevocably released from all obligations to the Customer without the Customer being able to claim any damage as a result.
TIME AND DELIVERY
Delivery is only possible in Metropolitan France including Corsica. Delivery is made, at the Customer's choice:
- Either at the address mentioned by the Customer on the site as his delivery address,
- Either at the Relais Colis address selected by the Customer,
Any order confirmed by ART ET FESTIF and paid in full (except in the event of unavailability of a Product) is dispatched within 1 to 3 days from the placing of the order.
The delivery time is indicated at the time of placing the order but before its confirmation, subject to availability of stock, it being specified that the delivery time depends on the delivery method chosen by the Customer and remains, in any case, dependent on carriers.
For your information :
Delivery by Colissimo is carried out in 3 to 6 working days;
Delivery to a Mondial Relay relay point is made in 3 to 6 business days;
Exceeding the delivery period, announced by the Customer, carriers or a case of force majeure can not give rise to damages.
In any event, ART ET FESTIF agrees to deliver the order within thirty (30) days from its execution, unless the Product is unavailable.
In case of exceeding the delivery time indicated on the order confirmation of more than 7 days, not due to a case of force majeure, the Customer may cancel the order, by registered letter with acknowledgment of receipt, addressed to ART ET FESTIF in a period of sixty (60) working days from the date indicated for the delivery of the goods. The order will be considered canceled upon the reception, by ART AND FESTIVE of the letter by which the Customer informs him of its decision, if the delivery did not intervene between the sending and the reception of this letter.
The Customer will then be refunded in the conditions provided for the withdrawal.
Any delay, whatever it may be, may not give rise to any request for penalties or damages. However, if the possibility was provided during the order, ART ET FESTIF may provide a product of equivalent quality and price, the Customer having been informed in a clear and understandable manner. The return costs resulting from the exercise of the right of withdrawal are, in this case, the responsibility of ART ET FESTIF.
8. MERCHANDISE RECEPTION
Upon receipt of the Products, the Customer undertakes to unpack the parcels in the presence of the deliveryman, the postal agent or the employee of the point of sale ART ET FESTIF or Relais Colis to notice any damage, damage, defects of conformity or losses sustained during the transport and to make all the precise reservations, characterized and motivated which are necessary on the voucher of transport in order to allow ART and FESTIF to assert its rights against the carrier.
The Customer also agrees to notify, within 72 hours at the latest, by registered letter with acknowledgment of receipt, to the carrier of such damage, damage, lack of conformity or loss, in order to preserve the possible remedies of ART AND FESTIVE to the against the carrier.
ART ET FESTIF will then proceed to the free replacement of non-compliant Products. Otherwise, ART ET FESTIF reserves the right to refuse the replacement of non-compliant, damaged or deteriorated products during transport.
The responsibility of ART ET FESTIF can not be committed in the event of non-execution or bad execution of the contract due, either by the fact of the Customer, or to the insurmountable and unpredictable fact of a third party to the contract, or to the force majeure.
ART ET FESTIF can not be held liable for non-compliance of the Product with the legislation of the Customer's country to which it belongs to verify that the Products are not prohibited for sale in its country.
In case of damage caused by a lack of security of the Product, the Customer must seek the responsibility of the manufacturer, identifiable from the information on the packaging of the Products.
In all cases of non-fulfillment of its obligations by the Customer and within the limits permitted by law, ART ET FESTIF reserves the right to retain as compensation the deposits paid by the Customer and to cancel the order, by simple registered letter with acknowledgment of receipt request, without any other formality of any kind.
10. INTELLECTUAL PROPERTY
The elements reproduced on the Site are the exclusive property of ART ET FESTIF or its suppliers and are protected by copyright, trademark law and patent law.
Reproduction or distribution, even partial, of all or part of the Site is unlawful and constitutes an infringement punishable by law.
11. COMPUTING AND FREEDOM
ART ET FESTIF guarantees that the processing of the Customer's personal data is the subject of a declaration to the National Commission for Information Technology and Liberties (CNIL). ART ET FESTIF undertakes to comply with the applicable legislation applicable to the protection of personal data, including Law 78-7 "Information and Freedoms" of 6 January 1978 amended. The Customer has the right to access, rectify, modify, delete and oppose the personal information collected about him from ART ET FESTIF email email@example.com You can object to being communicated to third parties to the Group to which ART ET FESTIF belongs your personal information by sending us a letter to the street address of the business park, 50470 La glacerie or by e-mail firstname.lastname@example.org
During the consultation of the Site by the Customer, information relating to the navigation of his terminal (computer, tablet, smartphone, etc.) on the Site may be recorded in text files called "Cookies", installed on his browser.
Cookies automatically recognize the Customer each time he returns to the Site in order to personalize ART & FESTIF's shopping tips and to provide a better service.
The Customer has a right of access, withdrawal and modification of personal data communicated through cookies (for more information, the Customer can visit the CNIL website: http: // www .cnil.fr / your-rights / your-tracks / the-cookies).
Thus, the Customer can block cookies by activating the parameter of his browser allowing him to refuse all or some of the cookies. However, if the Customer chooses to block all cookies, he will no longer be able to access all or part of the Site.
Here is the procedure according to the browser:
In the "Settings" menu, click on "Show advanced settings ..."
Then click on "Content Settings ..."
In the upper part of the page that appears then, you will find more information about cookies and will have the opportunity to select the cookies that you accept or not. You also have the option to delete all the cookies registered so far.
In the "Tools" menu, click "Options" (for MAC users, select "Preferences" from the Firefox menu)
Then go to the "Privacy" tab
In the "History" area, expand the "Retention Rules" drop-down menu and select "Use Custom Settings for History." You will then be able to choose whether to accept cookies by checking or not the "Accept cookies" box.
Internet Explorer 6+
In the "Tools" menu, click on "Internet Options"
Then go to the tab "Confidentiality"
You will then see a slider allowing you to choose from 6 degrees of restriction of cookies: Block all cookies, very high restriction, high restriction, average restriction (selected by default), low restriction and accept all cookies.
In the Safari menu, select "Preferences"
Go to the "Privacy" tab
Then choose the option of your choice in the section "Block cookies"
12. DISPUTES - APPLICABLE LAW - COMPETENT COURTS
Any complaint must be addressed to the Customer Service at the address ART ET FESTIF street of the business park 50470 La glacerie or by email at email@example.com.
The Client is also informed that in case of cross-border disputes, the European Commission has set up a European complaint form, available on the sites of the European consumption centers EEJ-NET.
These Terms are governed by French law.
Any dispute relating to the sale of the Products or relating to these GCS will be submitted to the court of the defendant's place of residence or that of the actual delivery of the Product.