General Terms and Conditions
Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the “ General Conditions of Sale ”, or the “ CGV ”) are applicable exclusively to the online sale of products offered by l’art du basic on the Website.
The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing the order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the art of basic.
Article 3 – PRODUCT DESCRIPTION
The Site is an online sales site for “ Product(s) ” open to any natural or legal person using the Site www.artdubasic.com.
The Products presented on the Site are each subject to a description (established by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for using the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.
The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is the Customer's responsibility not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular username and password, allowing him to access his customer area, the Customer acknowledging that he is the only one responsible for access to the Service through his username and password, unless fraud is proven. Each Customer further undertakes to inform Art du Basic without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.
After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.
The Customer undertakes when registering to:
- deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
- maintain registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.
The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, art du basic will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 – ORDERS
Art du basic strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of art du basic, a Product proves to be unavailable after the Customer's order, art du basic will inform the Customer by email as soon as possible and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the amounts already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, art du basic is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of their Order so that the latter can refer to them.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. Art du basic strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. Art du basic also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
Art du basic reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
- The Customer does not respect the General Conditions in force at the time of his order;
- The Customer's order history shows that sums remain due for previous orders;
- One of the Customer's previous orders is the subject of a dispute currently being processed;
- The Customer did not respond to a request for confirmation of his order that art du basic sent him.
Art du basic archives Product sales contracts in accordance with applicable legislation. By making a request to the following address email@example.com , art du basic will provide the Client with a copy of the contract subject to the request.
Any order modification by the Customer after confirmation of his order is subject to the basic art agreement.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, art du basic cannot in any way be held liable in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.
Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.
In the event of breach by the Client of any of the provisions herein, art du basic reserves the right to terminate said Client's account without notice.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, l'art du basic reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
Art du basic uses the online payment solution Stripe .
Orders can be paid using one of the following payment methods:
- Payment by credit card. Payment is made directly on the secure banking servers of the basic art bank, the Client's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the sums due will result in the immediate nullity of the sale.
The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The Client already has an account on the electronic wallet used by art du basic. The Customer can use this account and pay for their order in complete security without providing their bank details.
As part of the control procedures, art du basic may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, l'art du basic undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the art of basic would be required to grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between art du basic and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I validate my delivery”, then he acknowledges accepting these T&Cs before clicking on the “I pay” button, finally he validates his order after having filled in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by art du basic on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by l'art du basic on the Internet or by telephone constitute proof of all transactions between l'art du basic and its Clients.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
- delivery of a Product that does not conform to the declared characteristics of the Product;
- delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the art of the basic has been ordered, according to the same terms and without result, to make delivery within a reasonable additional time;
- price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by art du basic in case:
- refusal of the buyer to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 – RESERVATION OF OWNERSHIP
l'art du basic remains the exclusive owner of the Products ordered on the Site until the full price has been collected, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Art du basic offers you different delivery or delivery methods depending on the nature of the product.
Shipping costs are those specified when finalizing the order and are accepted by validation of the order .
l'art du basic undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.
Art du basic undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the time initially announced, l'art du basic will send an email informing the Customer of the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. Art du basic cannot be held liable if the address communicated by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
No delivery will be made to a PO box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.
Article 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to art du basic. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code.
Art du basic will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If applicable, the Customer may exercise his right of withdrawal by notifying the following information to art du basic:
- name, geographic address, telephone number and email address;
- withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but this is not obligatory.
Return costs are the responsibility of the Customer, unless the item cannot normally be returned by post, in which case Art du Basic will recover the Product at its expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
- for the provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
- the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods likely to deteriorate or expire quickly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- for the supply of digital content not provided on a material medium whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
Art du basic will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the basic.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
Article 12 – CUSTOMER SERVICE
The Client can contact the art of basic:
- at the following number 01 44 54 95 14 on the following day and opening hours [times] .
- by email to firstname.lastname@example.org indicating their name, telephone number, the subject of their request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
Art du basic is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Client or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of art. from basic on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
ARTICLE 14 – LIABILITY AND GUARANTEE
Art du basic cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party herein.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, art du basic does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.
Art du basic cannot be held responsible for any use made of the Site and its services by Clients in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Client or a third party. In particular, art du basic cannot be held responsible for false declarations made by a Client and for their behavior towards third parties. In the event that art du basic is held liable for such behavior by one of its Clients, the latter undertakes to guarantee art du basic against any conviction pronounced against it as well as to reimburse art du basic. of the basis of all costs, in particular attorneys' fees, incurred for his defense.
Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
- you benefit from a period of two (2) years from delivery of the goods to act:
- you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
- you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).
You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Art. L.217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Art. L.217-7 of the Consumer Code:
“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L.217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Art. 1641 of the civil code:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Art. 1644 of the civil code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Art. 1648 paragraph 1 of the civil code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Please note that the search for amicable solutions prior to possible legal action does not interrupt the time limits for legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 16 – AFTER-SALES SERVICE
The after-sales services provided by art du basic and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
Complaints made under guarantees must be sent to the after-sales service using the following contact details:
- email address: email@example.com
- postal address: 78 Rue Vieille du Temple, Paris 75003, France
- telephone number: 01 44 54 95 14
Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for return postal costs no later than thirty (30) days following receipt of the product by art du basic.
ARTICLE 17 – PERSONAL DATA
Article 18 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by art du basic. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Client acknowledges that the art of basic does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third party sites.
Consequently, the art of basic cannot be held responsible in any way whatsoever due to these hypertext links.
Furthermore, the Client acknowledges that art du basic cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by art du basic.
l'art du basic invites the Customer to notify it of any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.
The Client may not use and/or insert a hypertext link pointing to the site without the prior written consent of art du basic on a case-by-case basis.
ARTICLE 19 – REFERENCES
The Client authorizes Art du Basic to mention the Client's name and its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication , etc.).
ARTICLE 20 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relations between the Client and the art of basic. They constitute the entirety of the rights and obligations of the Company and d'art du basic relating to their subject matter. If one or more stipulations of these General Conditions are declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of avail themselves of such a breach in the future.
CHANGES TO TERMS
Art du basic reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, l'art du basic reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that art du basic cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.
l'art du basic advises the Client to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following contact details: [Customer service contact details] .
In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the purchase order or these General Terms and Conditions l opposing the art of basic to the following mediator: [identity and contact details of the mediator].
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having read these General Conditions carefully.
By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which would be carried out by the art of the basic will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.