GENERAL TERMS AND CONDITIONS OF INTERNET SALE
Article 1. – Definitions
Meaning of the terms and expressions referred to below:
“Article”: the Product(s) that is/are the subject of the Order;
“Customer”: any person who consults the Site “www.arthylae.com” who transmits his personal data and or places an order;
“Order”: request for Products made by the Customer to ARTHYLAE;
“General Conditions of Sale”: the general conditions of sale which are the object of the present;
“Delivery Time”: period between Validation Date of the Order and Delivery Date of the Order to the Customer;
“Delivery Costs”: cost of the expenses for the packaging and the routing of the Order to the Delivery address indicated by the Customer;
“Delivery”: shipment of the Article to the Customer;
“Mode de Livraison” : désigne tout mode de livraison standard ou express disponible sur le Site au moment de la Commande ;
“Price”: the unit value of a Product is in Euros, including all taxes and excluding Delivery Costs; the price is valid for the EU zone only;
“Sub-Total Price”: the total amount of the cumulative Prices of the Products that are the subject of the Order, without Delivery costs. This amount is in Euro, including all taxes; This amount is in Euro, including all taxes;
“Total Price”: the Total Price to which is added the price of the Delivery Charges. This amount is in Euro, all taxes included;
“Product”: any product offered for sale on the Site. Customizable or made-to-measure products cannot be directly ordered online and do not constitute Products within the meaning of these General Terms and Conditions of Sale;
“Site”: online sales site www.arthylae.com used by ARTHYLAE for the marketing of its Products;
“Territory”: has the meaning given to this term in Article 4;
“Validation of the Order”: has the meaning given to this term in Article 6;
“On-line Sale”: marketing of the Products of ARTHYLAE via the Site;
Any reference to the singular includes the plural and vice versa. Any reference to a gender includes the other gender.
Article 2. – Seller identification
The site ” www.arthylae.com ” belongs to the ARTHYLAE Company, a simplified joint stock company with a capital of 5.000 €, registered in Paris under the number RCS 877 877 389 whose head office is located 102, Avenue des Champs Elysées 75008 Paris – France, intra-community VAT number FR54887877389 and whose email is firstname.lastname@example.org.
Each Customer can contact directly the company:
– By Mail: ARTHYLAE SAS, 102, Avenue des Champs Elysées 75008 Paris – France.
– By Email : email@example.com
Director of publication: Aurélien BIREBENT
Article 3. – Subject
The present General Conditions of Sale have for object to define the rights and obligations of ARTHYLAE and the Customer within the framework of the On-line Sale of the Products offered for sale by ARTHYLAE to the Customer.
Article 4. – Scope of application and acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale are reserved for consumers only, within the meaning of the law and case law, acting exclusively on their own behalf.
In accordance with articles L. 111-1 and following of the French Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Site.
In addition, the Customer receives the information provided for in articles L. 221-8 and L. 221-11 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.
The present General Conditions of Sale are applicable to all sales of Products by ARTHYLAE through the Site.
The Customer declares to have taken knowledge of the present General Conditions of Sale before the Validation of the Order within the meaning of Article 5. The Validation of the Order is thus worth acceptance without restriction or reserve of the present General Terms of Sale.
These General Terms and Conditions of Sale are applicable to Orders placed for Delivery in Metropolitan France, Corsica, Principality of Monaco, Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Island, Portugal, Italy, Liechtenstein, Luxembourg, Norway, the Netherlands, Switzerland, Sweden (the “Territory”).
Article 5. – Entry into force and Duration
The present General Terms and Conditions of Sale are applicable to any use, consultation and purchase made on the Site “www.arthylae.com”, as long as the site is online.
Modifiable at any time by ARTHYLAE, they apply to the Customer and to ARTHYLAE on the date of Validation of the Order as defined in Article 6.
The present General Conditions of Sale are applicable for the duration necessary for the supply of the Products, until the extinction of the guarantees and obligations due by ARTHYLAE.
Article 6. – Ordering Products and Steps for Completing the Online Sale
In order to carry out the Order, the Customer must follow the following steps:
- Enter the address of the Site;
- Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
- Fill out the Order form. In the event of prolonged inactivity during connection, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the beginning;
- Verify the elements of the Sales Order and, if necessary, identify and correct any errors; the recipient’s address must be exact, precise and complete to allow the distribution of the packages under normal conditions. No responsibility can be accepted in the event of failure to comply with the foregoing;
- It is mandatory to indicate the recipient’s telephone number and e-mail address when ordering. En cas de manquement, ni ARTHYLAE, ni ses intermédiaires ne pourront être tenu responsables du non acheminement du colis commandé.
- Validate the Order, the Sub-Total Price and the Total Price (the “Order Validation”);
- Follow the instructions of the online payment server to pay the Total Price.
Unless the server is unavailable, the Customer may pay for his order after final validation of the same on the Site.
The Customer shall also receive by electronic means and without delay an acknowledgement of receipt validating confirmation of the Order (the “Order Confirmation”). The data relating to the Orders will be recorded and kept in ARTHYLAE’s computer system.
The Customer will receive by electronic means the confirmation of the dispatch of the Order.
The invoice will be sent by separate mail.
All Orders placed on the Site are intended solely for the personal use of the Customer. The Customer or the recipient of the Products are strictly forbidden to resell, in whole or in part, any Product(s) ordered.
The Products will be delivered to the address indicated by the Customer at the time of placing the Sales Order.
During the various stages of the Sales Order mentioned above, the Customer agrees to abide by the present General Terms and Conditions of Sale.
In accordance with Article L. 121-11 of the French Consumer Code, ARTHYLAE reserves the right to refuse the Sales Order for any legitimate reason.
The fact for a non-professional customer to order on the Site “www.com” implies full and complete adhesion and acceptance of the present General Conditions of Sale.
Article 7. – Characteristics of the Goods
In accordance with the provisions of the Consumer Code, ARTHYLAE will do its best to present as faithfully as possible the products (and their essential characteristics) offered for sale on the Site www.arthylae.com. However, ARTHYLAE does not guarantee that the colors reproduced on its Site are exactly the same as those of the pieces offered for sale. Thus, the photos of the Goods/Products on sale on the present Site have no contractual value.
Concerning the availability of the goods presented on the Site: www.arthylae.com is a Site of presentation of the collections of ARTHYLAE. The latter also proposes an online store. However, for technical, stock and transport reasons, certain products offered for sale by ARTHYLAE cannot be sold via the ARTHYLAE website. Thus, for each product ARTHYLAE will include the following mentions:
- “in stock”: which implies that the product can be bought by the Customer via the Site.
- “contact us”: which invites the customer to contact ARTHYLAE via the contact form to obtain information on the availability of the parts concerned and the effective delivery times at the time the request is taken into account.
In case of question, the User/Customer will be able to contact our sales team beforehand (firstname.lastname@example.org).
ARTHYLAE reserves the right to modify the assortment of the Goods.
All the Products sold by ARTHYLAE on the Site are in conformity with the legislation of the European Community in force and the standards applicable in France.
However, are excluded from the offer proposed on the Site “www.arthylae.com”, the special custom-made orders for which the Customer will have to contact the sales team (email@example.com).
Article 8. – Product Prices and Conditions of Validity
The Price of the Products sold on the Site is indicated respectively by item and reference, except for typographical errors. These Prices, indicated in Euros, take into account the VAT applicable on the day of the Order, but do not include the delivery charges which will be invoiced in addition and will be specified to the Customer at the time of the validation of his Order.
At the time of Order Validation, the price to be paid is the Total Price.
Product offers and Prices are valid while stocks last.
In this context, information on the availability of the Products is provided to the Customer at the time of placing the Order. Errors or modifications may exceptionally occur, notably in the case of simultaneous Orders of the same Product by several clients. In the event that an item is unavailable after the Customer has placed an Order, ARTHYLAE will inform the Customer by e-mail as soon as possible, and will propose either to place an Order for another item presented on the Site as a replacement, or to cancel the Order. If the Customer chooses to cancel his Order, a refund will be made within 30 days of the payment if the Customer’s bank account has been debited.
ARTHYLAE reserves the right to change at any time and without prior notice the Products and the prices of the Products offered on the Site, it being specified that the Products offered for sale and their corresponding prices will be those in effect at the time of the Sales Order, as accepted by the Customer upon validation of the Sales Order.
The Customer is informed that, for technical reasons, the photographs and illustrations of the Products appearing on the Site may not fully render the appearance of the Product in reality (color, size, reflection…). The Customer is invited to refer to the description of each Product to know its characteristics.
The period of validity of the offers of products and Prices is determined by the updating of the Site.
Article 9. – Terms of Payment
Payment by credit card
The payment of the Total Price by the Client is made through one of the following means of payment: CB, VISA, MASTERCARD.
Payments by check and bank transfer are not accepted.
The transaction is debited to the Customer’s bank card at the time of shipment and after verification of the data on the card, upon receipt of the debit authorization from the issuer of the bank card used by the Customer.
By communicating his credit card information, the Customer authorizes ARTHYLAE to debit his credit card for the amount corresponding to the Total Price.
The Customer thus authorizes his bank in advance to debit his account at the sight of the recordings or statements transmitted via the payment module, even in the absence of invoices signed by the hand of the bank card holder. The Products ordered remain the property of ARTHYLAE until the complete collection of the price by ARTHYLAE.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiration date of his credit card, as well as the numbers of the visual cryptogram.
In the event that it is not possible to debit the Total Price, the Customer will be invited to restart the payment process If the impossibility of debiting the Total Price is confirmed, the Online Sale shall be immediately cancelled by operation of law and the Order shall be cancelled.
ARTHYLAE implements all means to ensure the confidentiality and security of the data transmitted on the Site.
Within the framework of Internet payments, and in order to fight against fraud on the Internet, a check will be carried out online with the competent banking establishments and organizations. It is specified that ARTHYLAE does not collect and does not keep the coordinates of the Customer’s bank cards.
ARTHYLAE has implemented the 3D Secure payment system allowing to authenticate the transactions of its customers. 3D Secure is a program created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code), in order to reinforce the security of online payments. At the time of payment by credit card, you will first be directed to your bank’s website where you will have to authenticate yourself by entering a personal data or a one-time use code transmitted by your bank in order to validate the payment of your purchase.
Article 10. – Order Delivery
10.1. Delivery area
ARTHYLAE products purchased on the Site can only be delivered in the Territory of the following countries: European Union, Principality of Monaco and Switzerland. Any delivery address located outside this Territory will be refused during the ordering process. Our customer service is at your disposal for any request outside this Territory. Any delivery address located outside this Territory will be refused during the ordering process. Our customer service is at your disposal for any request outside this Territory.
10.2. Method of Delivery
The Customer chooses one or more of the Delivery Methods offered on the Site at the time the Order is placed, depending on the Product(s) ordered.
The Products may be delivered by DPD.
10.3. Delivery Address
The Customer chooses a Delivery address necessarily located within the Territory, under penalty of refusal of the Sales Order. The Customer is exclusively responsible for any failure to deliver the Product(s) due to a lack of information at the time of placing the Sales Order.
10.4. Delivery costs
The amount of the Delivery Charges is indicated to the Customer before the order is registered.
10.5. Delivery Time
Subject to availability of the chosen Products, the above-mentioned Delivery Method is specified to the Customer during the entire Order validation and payment process. The Delivery Period corresponds to the Delivery Method chosen by the Customer..
The Delivery Periods run from the date of Confirmation of the Order by ARTHYLAE.
10.6. Delivery Delay
The Delivery Periods are deemed to have been respected by ARTHYLAE as soon as the first presentation of the Order at the address indicated by the Customer has taken place within the Periods indicated to the latter.
In case of late Delivery, the Order is not automatically cancelled.
Beyond the delivery period linked to the shipping method chosen by the Customer, ARTHYLAE will inform the Customer by e-mail that the Delivery will be delayed The Customer may then decide to cancel the Sales Order and send an e-mail to the following address firstname.lastname@example.org.
10.7. Follow-up of the Delivery
The Customer will be informed by ARTHYLAE about the progress of the Order.
10.8. Verification of the Order upon its arrival
As far as possible, the Customer is obliged to check the condition of the packaging as well as the Items upon Delivery.
He may make any reservations and claims he deems necessary, or even refuse the package, particularly when the package is obviously damaged upon Delivery and before it is opened (for example, if you hear a noise of breakage inside). The said reservations and detailed claims must be indicated to the deliverer and at the same time addressed to the carrier within ten working days, not including public holidays, following the date of Delivery of the Products. In all cases, it is important to clearly specify the reasons, bearing in mind that a reservation of the type “subject to opening of the package” has no value, but that a reservation of the type “very damaged package, damaged top left, taped” is an accepted reservation.
The Customer will send a copy of this letter to ARTHYLAE.
Article 11. – Right of withdrawal
Under the conditions provided for by Articles L221-18 of the Consumer Code, you have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us at the address below of your decision to withdraw from this contract by means of a letter sent by post or e-mail:
ARTHYLAE SAS e-commerce Return Center
102, Avenue des Champs Elysées 75008 Paris – FRANCE
In order to comply with the cancellation period, it is sufficient that you send your communication, regarding the exercise of the right of cancellation, before the cancellation period expires.
If you withdraw from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from you choosing, where applicable, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and in any event no later than fourteen days from the day we are notified of your decision to withdraw from this Agreement. We will make the refund using the same means of payment that you used for the original transaction. in any event, this refund will not incur any cost to you. The refund will be made once we have received the goods
The benefit of the right of retraction belongs exclusively to the Customer who placed the Sales Order.
You must return or give back the good at the latest fourteen days after you have communicated your decision to retract from the present contract. This time limit is deemed to have been respected if you return the goods before the fourteen-day period expires.
You must bear the direct costs of returning the goods.
It is imperative to respect the original packaging (including the meaning of each element included in the packaging), because they have been studied and realized in order to allow the item to be protected in the best conditions during transport. Thus, for all parcels returned without all the elements (in the right direction) included in the original packaging, ARTHYLAE’s responsibility cannot be engaged in the event of breakage or deterioration of the Part.
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of:
ARTHYLAE e-commerce Return Center
102, Avenue des Champs Elysées 75008 Paris – FRANCE
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Name and address of the customer who placed the order:
Customer telephone number and email address:
Date and signature:
Article 12. – Exchange policy
The Customer who wishes to make an exchange must contact customer service within 14 days(email@example.com)to check the availability of the desired product. Once the exchange has been agreed, the Customer must return the Items initially purchased within fourteen days, in their original packaging (in good condition), complete, new and unused, with the return slip they received by e-mail.
Article 13. – Transfer of ownership and default of payment
The transfer of property of the ARTHYLAE products to the Customer will be carried out only after complete payment of the price by the latter, and this whatever the delivery date of the aforesaid products. In the event of non-payment by the Customer of all or part of the price of the Order, ARTHYLAE reserves, until full payment, a right of ownership on the products sold, allowing us to take possession of the said products.
The Customer thus undertakes to return to ARTHYLAE the products received, as soon as ARTHYLAE’s first request is made.
The recipient’s digital signature, as well as its reproduction, is proof of delivery of the packages, and this signature will be recognized as having the same legal value as a traditional signature on paper.
Article 14. – Guarantees
14.1. Legal guarantees
All products supplied by the seller benefit from the legal guarantee of conformity provided by articles L. 217-4 and following of the Consumer Code and the legal guarantee provided by Articles 1641 and following of the Civil Code.
When he or she acts in legal guarantee of conformity, the customer:
– benefits from a period of two years as from the delivery of the good to act;
– can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantees. No commercial guarantees are attached to ARTHYLAE products.
The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Apart from the particular cases for which the legal guarantees mentioned above are applied, ARTHYLAE places at the disposal of its Customers a paying repair service.
To benefit from this service and to know its practical methods of implementation, the Customer will be able to contact the Customer Service by sending an e-mail to firstname.lastname@example.org.
Article 15. – Languages of the present General Terms and Conditions of Sales – Applicable law
The present General Terms and Conditions of Sales and relations arising from the connection and/or consultation and/or use of the present Site are governed and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
Article 16. – Applicable law / Disputes
The present General Terms and Conditions of Sale are governed and interpreted in accordance with French law.
If one or more provisions of these T&Cs are found to be invalid, unenforceable or void, then that provision shall be deemed severable from the rest of the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
In the event of a dispute related to the application and/or interpretation of these General Terms and Conditions of Sale related to the ordering process via the website www.arthylae.com, you may write to ARTHYLAE’s Customer Service: 102, Avenue des Champs Elysées 75008 Paris – France or send an email to: email@example.com
In addition, and in accordance with articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, it is stipulated that for any dispute of a contractual nature relating to the performance of the sales contract and/or the provision of services that could not be resolved in the context of a complaint previously submitted to our customer service department, the Consumer may have recourse to mediation free of charge. To submit a dispute to the mediator, the customer may send his or her request by simple or registered mail to CMAP Médiation Consommation, 39, avenue Franklin D. Roosevelt, 75008 Paris – France or send an email to: www.anm-conso.com.
The Customer can also visit the website of the European Online Dispute Resolution Platform.
The following website www.economie.gouv.fr/mediation-conso also contains useful information in the event of a cross-border dispute.
Article 17. – Force majeure and conditions of application
ARTHYLAE will not be responsible for any failure or delay in the execution of any of its obligations under the terms of the present General Terms and Conditions of Sale, if such failure or delay is due to an unforeseeable and irresistible event that comes from a cause outside ARTHYLAE or any other cause beyond its control preventing or delaying the execution of its obligations, including in particular:
- cases of force majeure or fortuitous events
- the force of nature / natural events: ex: a fire, a storm, a flood, an earthquake …;
- the facts of a third party;
- the facts of the prince
- all industrial disturbances
- any social disruption
- events related to hygiene and sanitary causes (e.g. pandemic or epidemic)