Terms and conditions of sales

 

Present general terms and conditions of sales (hereinafter the « Terms ans Conditions ») are applied to all purchase made by an internet user / natural person (hereinafter the « BUYER ») on the web site www.arti-spirit.com (hereinafter the « WEB SITE »), edited by par Laurence Peyrouse, IE registered at the « registre du commerce et des sociétés Marseille » with the number 451 346 639 00037, with head office located at 25 impasse des Romarins, 13400 Aubagne, France, Tél : (33)675608730, email : contact@arti-spirit.com (hereinafter the « SELLER »).

 

IMPORTANT

All order on the WEB SITE implies the unconditional acceptance from the CLIENT of the present Terms and Conditions.

 

Article 1.     DEFINITION

The following terms have, in present Terms and Conditions, the following meanings:

 « CLIENT »: designates the contractual counterpart of the SELLER, who assures to have the quality of consumer as defined by French law and jurisprudence. As such, the CLIENT is expressly provided to act outside any regular or commercial activity.

 « CRAFTSMAN » : natural or legal person holder of proven know-how, that it uses to make the creations proposed online on the WEB SITE.

« DELIVERY »: means the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.

« PRODUCTS »: means the whole range of products available on the WEB SITE.

« TERRITORY »: means the whole word.

 

Article 2.     MATTER

These Terms and Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS offered for sale on the WEB SITE.

 

Article 3.     ACCEPTANCE OF TERMS AND CONDITIONS

The CLIENT agrees to read carefully and accept the Terms and Conditions, before making the payment of the PRODUCTS ordered on the WEB SITE.

The Terms and Conditions are available at the bottom of each page of the WEB SITE via a link and must be consulted before ordering. The CLIENT is requested to carefully read, download, print the Terms and Conditions and keep a copy.

The SELLER advises the CLIENT to read the Terms and Conditions before each new order, the last version of these Terms and Conditions being applicable to any new order.

In the order validation process, before the payment page, the CLIENT has to tick the box « I agree to the terms of service and will adhere to them unconditionally », acknowledging having read, understood and accepted the Terms and Conditions without limitation nor condition.

 

Article 4.     OPEN AN ACCOUNT – PURCHASE OF PRODUCTS ON THE WEB SITE

To buy a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if he’s a minor, to be able to justify his legal representatives’ agreement.

The CLIENT will be required to provide information for identifying him by filling out the form available on the WEB SITE. The mark (*) indicates the required fields that must be filled for the CLIENT’s order to be processed by the SELLER. The CLIENT can check on the WEB SITE the status of his order. DELIVERIES can be tracked using online tools given by some carriers. The CLIENT can also contact the SELLER’s customer service by e-mail at any time at the address contact@arti-spirit.com, and ask information about his order’s status.

Information given by the CLIENT to the SELLER must be complete, accurate and current for the good treatment of his order.

 

Article 5.     ORDERS

 

Article 5.1.        Characteristic of products

The SELLER endeavors to show as clearly as possible the main characteristics of the PRODUCTS (on information sheets available on the WEB SITE) and mandatory information the CLIENT must reveive under applicable law (in these Terms and Conditions).

All PRODUCTS proposed are made by hand by CRAFTSMEN. Being not manufactured, each PRODUCT is unique and cannot exactly matched to visuals of the WEB SITE. Characteristics of PRODUCTS and possible variances are specified in information sheets. These variances are normal with handcrafted making and cannot engage the responsability of the SELLER.

The CLIENT agrees to read this information carefully before placing an order on the WEB SITE.

The SELLER reserves the right to modify the PRODUCTS available on the WEB SITE, notably with regards to contraints related to his CRAFTSMEN suppliers.

All PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.

 

Article 5.2.     Order process

Orders of PRODUCTS are placed directly on the WEB SITE. To place an order, the CLIENT must follow the steps explained below (please note that steps may slightly vary according to the CLIENT start page).

 

5.2.1.     PRODUCTS select and purchase options

The CLIENT must select the PRODUCT(s) of his choice by clicking the concerned PRODUCT(s) and choosing desired characteristics, options and quantities. The PRODUCT or PRODUCTS are then placed in the CLIENT’s cart.

For all specific order, the CLIENT agrees to provide by e-mail to the SELLER all necessary information for the wished work realisation, and to wait the CRAFTSMAN’s confirmation about possibility, delay, and price.

 

5.2.2.     Orders

After having selected and placed PRODUCTS in its cart, the CLIENT must click on the cart and check that the content of his order is correct (quantities and characteristics of the ordered PRODUCTS). If not already done, the CLIENT will then have to identify or to register.

The CLIENT will then access the summary of the order, including price and shipping costs.

The CLIENT must review and validate his delivery and billing addresses, then choose his delivery method. Shipping costs will be updated according to these choices.

The CLIENT must then accept these Terms and Conditions.

The CLIENT can then carry out the payment of the PRODUCTS by following instructions on the WEB SITE.

Orders must include all needed information to process the order in the best conditions.

 

5.2.3.     Acknowledgement of receipt

Once all steps above have been completed, a page will appear on the WEB SITE to acknowledge receipt of the CLIENT’s order. A copy of the order’s confirmation is automatically send to the CLIENT by e-mail, if the e-mail address provided in the registration form is correct.

 

5.2.4.     Invoicing

During the order process, the CLIENT shall enter needed information for billing (sign (*) indicates required fields that must be filled so that the SELLER can proceed with CLIENT’ order).

The invoice is send by e-mail while the confirmation of the order (after the payment). 

 

5.3.      Date of order

The date of the order is the date on which the SELLER acknowledges receipt online of the order. Periods shown on the WEB SITE starts from this date.

 

5.4.      Price

For all PRODUCTS, the CLIENT will find on the WEB SITE prices in euros (€).

For deliveries in European Union, prices include the French VAT. For deliveries outside European Union, prices are indicated without tax. The CLIENT may have to pay additional taxes and customs fees at receipt, according to the destination, and calculated by customs services of the destination country.

Prices are valid, except major error. The applicable price is the one shown on the WEB SITE at the date on which the CLIENT places the order. Prices of CRAFTSMEN may change. Prices shown on the WEB SITE are consequently subjected to change too. They can also be modified for special offers or sales.

Shipping costs are calculated according to the CLIENT’s delivery address and the chosen carrier. They are added to the PRODUCTS price while the order process.

 

5.5.     Availability of PRODUCTS

PRODUCTS are not in stock at the SELLER. They are made (if necessary), packed and shipped by CRAFTSMEN following the validated orders. For a few creations, CRAFTSMEN notify that there is a making delay (not more than 3 weeks generally). This delay is to add to the transport delay. The CLIENT has to take this point in account before ordering.

If the CLIENT orders a PRODUCT that the CRAFTSMAN cannot made, the SELLER will inform the CLIENT by e-mail and will proposes to him an equivalent exchange, a credit note on the WEB SITE or a refund.

If the CLIENT decides to cancel his order of unavailable PRODUCTS and if the making is not yet started, he will be reimbursed of all sums paid for unavailable PRODUCTS.

 

Article 6.     RIGHT OF WITHDRAWAL

 

6.1       Principle of withdrawal

The CLIENT has the right to return the PRODUCT to the SELLER, within fourteen (14) calendar days within the receipt of the PRODUCT.

 

6.2       Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the date the CLIENT physically takes possession of the PRODUCT.

If the CLIENT’s order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) calendar days after the date the CLIENT physically takes possession of the last PRODUCT.

 

6.3       Notification of the right of the withdrawal

The CLIENT must notify his decision to exercise his right of withdrawal from this contract by sending our retractation form to : Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France, or by e-mail to : contact@arti-spirit.com.

Form to download, by clicking on the following link : FORM

 

6.4       Terms of return

The CLIENT will have to return the item within fourteen (14) days after having notified his decision to withdrawal from this contract, to the following address : Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France.

 

6.5       Return costs

The CLIENT will cover the direct costs for returning the goods.

 

6.6       State of the returned item

The PRODUCT must be new and in perfect condition to be again placed on the market. It must be returned with all supplied accessories.

 

6.7       Packaging

PRODUCTS are packaged in accordance with current transport standards, to ensure them the maximum level of protection while the DELIVERY. The CLIENT has to respect the same standards when he sends back PRODUCTS to the SELLER. As such, the CLIENT is encouraged to send back the PRODUCT with its original packaging.

 

6.8       Effects of the withdrawal

In case of withdrawal of the CLIENT, the SELLER agrees to reimburse the price of the PRODUCT(S), without excessive delay and, in any case, at the latest fourteen (14) days after the day the SELLER receives the returned goods.

The SELLER may refuse the reimbursement of the PRODUCT if this one is not returned according to the above-mentioned instructions. If the CLIENT wants to recover its PRODUCT, he will have to pay transport charges and taxes generated by the re-DELIVERY.

 

6.9       Exceptions

A few PRODUCTS are neither retaken or exchanged. The right of withdrawal is excluded in the case of PRODUCTS made according to CLIENT specifications or clearly personalized.

 

Article 7.     PAYMENT

 

7.1.      Methods of payment

The CLIENT pays its PRODUCTS online on the WEB SITE following the methods proposed by the SELLER.

The CLIENT ensure to the SELLER that he has the required approvals to use the chosen method of payment.

The SELLER shall take all necessary precautions to keep data transmitted online while the online payment on the WEB SITE safe and private. It is also noted that all information relating to the payment provided on the WEB SITE are directly transferred to the bank of the WEB SITE (BNP Paribas) or to Paypal and are neither treated nor registered on the WEB SITE.

 

7.2.      Date of payment

Payments are made by credit card or Paypal account, at one time. The CLIENT account is debited as soon as the PRODUCTS order is placed on the WEB SITE.

For payments by cheque, the date of payment is this one of the cashing of cheque on the bank account of the WEB SITE.

 

7.3.      Delay or refusal of payment

In case the bank refuses to debit the card or the other payment method, the CLIENT shall contact the SELLER to pay the order by other suitable means of payment.

In the event that for any reason (opposition, rejection or another), the transmission of money owed by the CLIENT is impossible, the order will be cancelled and the sale automatically terminated.

 

Article 8.     PROOF AND ARCHIVING

Any contract with the CLIENT that corresponds to an order exceeding a limit of 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer code.

The SELLER agrees to archive this information in order to ensure follow-up of transactions and to provide a copy of the contract upon request of the CLIENT.

In case of dispute, the SELLER will have the opportunity to prove the reliability of his electronic tracking system and that he ensures transaction integrity.

 

Article 9.     OWNERSHIP TRANSFER

The ownership transfer is made at the whole payment of the price of PRODUCTS, including taxes and transport fees, by the CLIENT.

The transfer of the risks of loss and deterioration of PRODUCTS occurs when the CLIENT signs the reception without reserve at the DELIVERY.

 

Article 10.     DELIVERY - PACKAGING

 

10.1     Delivery area

Proposed PRODUCTS can be shipped on the TERRITORY only.

Orders with a delivery address located outside this TERRITORY cannot be placed.

The PRODUCTS are shipped to the delivery address provided by the CLIENT while the order process.

  

10.2     Process time

PRODUCTS are shipped in average within 2 days of receiving the CLIENT’s payment by the CRAFTSMAN, if they are in stock. Pieces proposed on the WEB SITE are part of the usual production of the CRAFTSMEN, but if the choosed color or PRODUCT is not available, the CLIENT will be advised very quickly and will be abble to modify its order or to ask a refund.

Orders with remaining PRODUCTS will be shipped once. If the CLIENT wants split shipments, he will have to inform the SELLER by email to contact@arti-spirit.com, and pay additional shipping costs.

 The CLIENT will receive a tracking number from the carrier to follow the DELIVERY of its order (if e-mail address in client account is correct).

 

10.3     Delivery methods

   Mondial Relay   Colissimo   happy post   relais colis   chronopost 

Deliveries are possible at home, on work, or in pick up points.

Delivery time to neighboring countries to France is 2 to 3 working days, 3 to 10 for the rest of world. Transport delays are given for information only.

Orders from countries members of European Union are charged inclusive of tax, at the applicable rate in France (20%). In addition to the shipping fee paid to Arti-Spirit when ordering, the CLIENT will have to pay customs and taxes applicable in its country for deliveries outside EU. These fees will be charged by the carrier.

CLIENT’s mobile phone number is essential to be communicated to carriers.

The information « According to craftsman’s stocks » at the finalisation of the order doesn’t concern single works, which are right away available.

 

 10.4     Shipping costs

Shipping costs are calculated upon the mode and the place of delivery. They are then indicated after having chosen the delivery address and the carrier in the order process. The CLIENT will pay the amount of these costs in addition to the price of purchased PRODUCTS.

Shipping charges include packaging, handling and shipping fee. Customs charges and taxes may be to pay at DELIVERY outside of European Union.

 

10.5     Delivery issues

It is stated that DELIVERIES will occur within thirty (30) days maximum. Otherwise, the CLIENT can notice the SELLER to deliver the good within a reasonable time and in the event of non-delivery by the time, he is entitled to rescind the agreement. Without undue delay from the day of receipt of the notice of termination, the SELLER will refund the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs.

The SELLER is liable until the DELIVERY of the PRODUCT. Packages are insured according to the PRODUCTS’ value. But the PRODUCT travels at the risks of the recipient. To be compensated, the CLIENT must then check the goods conditions at DELIVERY and give notification to the carrier of damages or partial loss recognized at the time of the DELIVERY. In case of big damage noted, the CLIENT have to refuse the package, to note on the delivery bill the reason of this refusal, and inform the SELLER.

In case of delivery in pick up points, the CLIENT have to check PRODUCTS within 24h following the pick up of the package, and inform the SELLER in case of damage. He will have to keep box and protections as long as necessary, and send pictures to the SELLER.

PRODUCTS are packaged in accordance with current transport standards, and special care is taken to protect fragile goods.

 

Article 11.    WARRANTIES

 

11.1.     Conformity guarantee

The SELLER has to deliver a PRODUCT conform, that is to say suitable for the use expected of similar goods and matching the description given on the WEB SITE. This compliance implies that the PRODUCT has the qualities that a purchaser might legitimately expect in view of public statements made by the SELLER, including advertisement and labelling. The conformity defect has to be existent at the time of the purchase.

Objects shown on Arti-Spirit are all made with craft methods. They are then unique objects, shaped, worked and signed by creator CRAFTSMEN. It is moreover what mades the value of PRODUCTS offered on the WEB SITE. Then, in spite of descriptions the most precise as possible, the bought PRODUCT may have shades of colour, sizes  … with regards to pictures and given information.

Action resulting from defects in conformity lapses after two (2) years from the date of DELIVERY of the PRODUCT.

In case of a conformity defect, the CLIENT may ask his PRODUCT to be repaired or replaced. However, if the cost of the CLIENT’s choice is clearly excessive and disproportionate compared to the other option, given the price of the PRODUCT or the significance of the defect, the SELLER may reimburse without following the CLIENT’s choice.

In the event a replacement or a repair is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the PRODUCT returned by the CLIENT to the following address: Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France.

Return costs are payed by Arti-Spirit, if PRODUCTS are returned in their original packaging, in the state in which they have been received by the CLIENT (the letter or e-mail of non-conformity declaration with pictures proving it). Returned PRODUCTS will have to be packaged in accordance with current transport standards, in order to guarantee a maximum protection for PRODUCTS while DELIVERY.

As its intermediary state, Arti-Spirit limits the waranty to the deliverd PRODUCTS. The CLIENT cannot ask additional damages and interests.

The warranty doesn’t apply on normal wear, nor on bad treatment of the PRODUCT.

 

11.2.     Hidden defects guarantee

The SELLER is bound to a warranty on account of the latent defects of the PRODUCT sold which render it unfit for the use for which it is intended, or that decrease this use to the point the CLIENT would not have bought it, or given a lesser price for it, had he known of them.

This guarantee allows the CLIENT that can prove the existence of a latent defect to choose a refund the price of the PRODUCT if returned or the reimbursement of portion of its price if the PRODUCT is not returned. The latent defect has to be existent at the time of the purchase.

In the event a replacement or a repair is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the PRODUCT returned by the CLIENT to the following address: Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France.

The action resulting from latent defects must be brought by the CLIENT within a period of two (2) years following the reception of the PRODUCT.

 

 Article 12.     CLAIMS

A claim can be made in case of mistake on ordered references, but not for shades of colour or size. The ceramic work for instance being totally craft, the CLIENT has to know that enamel baths, firings … will do that objects are unique and different pieces. Wooden PRODUCTS will have shades of vein, tint.

The CLIENT has to do his claim within three days following the package reception.

Objects have to be returned in their original packaging, intact, having not been used, nor damaged in order to be again sold.

The SELLER provides to the CLIENT a « Client phone service » to this number : (33)675608730.

All written claim from the CLIENT will be send to : Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France, or by e-mail to : contact@arti-spirit.com.

 

Article 13.     RESPONSIBILITY

The SELLER cannot be held responsible in the event of total or partial non-performance or inadequate performance of contractual obligations attributable to the CLIENT, especially when entering the order.

The SELLER cannot be held responsible, or considered as having breached the present Conditions, for any delays or non-performance, when the cause of that delay or failure to execute is liable to an Act of God, a case of absolute necessity or a fortuitous occurrence as defined by the jurisprudence of French courts.

It’s also clarified that the SELLER does not control web sites directly or indirectly related to the WEB SITE. Consequently, it assumes no responsibility for information published on. Links to third-party web sites are provided as a service for information purposes only and does not guaranteed the accuracy or completeness of any of the information provided.

 

Article 14.     PERSONAL DATA

The SELLER gathers personal data about his CLIENTS on the WEB SITE, including through cookies. CLIENTS can disable cookies by following instructions provided by their internet browser.

Data collected by the SELLER are used to process orders on the WEB SITE, manage CLIENT’s account, analyze orders and, if the CLIENT chooses to do so, send him mail for commercial prospection, newsletters, promotional offers and/or information about special sales, unless the CLIENT does any more wish such communications from the SELLER.

CLIENT data will be kept confidential by the SELLER, in accordance with his declaration to “Commission Nationale Informatique et Libertés” (CNIL), for the purposes of the contract, its execution, and in accordance with law.

CLIENTS are allowed to delete their registration at any time through their on-line account or by clicking on the hyperlink provided at the bottom of each promotion offer received by e-mail.

Data can be communicated, in whole or in part, to the SELLER’s service providers that occur the ordering processing. The SELLER may transfer his CLIENTS’ name and data to his trading partners for commercial purposes, provided they have previously consented at their registration on the WEB SITE.

The SELLER may also ask his CLIENTS if they wish to receive commercial offers from his partners.

In accordance with law n°78-17 of January 1978 with regard to civil liberties, and the electronic storage and retrieval, the CLIENT has a right of access, correction, opposition (for legitimate reasons) and deletion concerning his collected personal data. He may exercise this right inline sending an email to: contact@arti-spirit.com, or by writing to Arti-Spirit, 25 impasse des Romarins, 13400 Aubagne, France.

It is mentioned that the CLIENT shall show proof of his identity, either by scanning an ID, or by sending a photocopy of his ID to the SELLER.

 

Article 15.     INTELLECTUAL PROPERTY

All of the visual and sound elements of the WEB SITE, including the underlying technology used, are protected by copyright, trademarks or patents.

All these elements are the exclusive property of the SELLER. Anyone who publishes a web site and wants to create a direct hypertext link to the WEB SITE must request SELLER’s permission in writing.

Under no circumstances, this SELLER’s authorization will be granted permanently. This link must be deleted at the request of the SELLER. Hypertext links to the WEB SITE that use techniques such as framing or the insertion of hypertext links (in-line linking) are strictly forbidden.

 

Article 16.     VALIDITY OF TERMS AND CONDITIONS

Any modification on the applicable legislation or regulation, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions does not in any way affect the validity and compliance of the present Terms and Conditions. In no case such change or decision does not authorize CLIENTS to ignore the present Terms and Conditions.

All conditions not specifically addressed herein shall be governed in accordance with the trade to individuals, for companies which headquarters are located in France.

 

Article 17.     TERMS AND CONDITIONS MODIFICATIONS

These Terms and Conditions are applied to all purchases made online on the WEB SITE, as long as the WEB SITE is online.

Terms and Conditions are precisely dated and may be amended and updated at any time by the SELLER. Applicable Terms and Conditions are those in effect at the time of the order.

Amendments made to the Terms and Conditions will not be applied to PRODUCTS previously purchased.

 

Article 18.     LAW AND JURISDICTION

These Terms and Conditions and relations between the CLIENT and the SELLER are governed by French law.

In the event of a dispute, the commercial court of Marseille (France) will be only qualified.

Nevertheless, prior to bringing any case before the arbitral tribunal or national court, negotiations will be chosen in a spirit of loyalty and in good faith to reach an amicable agreement upon the occurrence of disputes relating to this contract, including on its validity.

The party that wants to implement the negotiating process will have to inform the other party by registered letter with an acknowledgement of receipt mentioning the elements of the conflict. If, after the expiry of one 15 (fifteen) days period, the parties could not agree, disputes shall be governed by the competent jurisdiction above-mentioned.

Throughout the negotiation process until its conclusion, parties undertake not to exercise any legal action against one another and for the purpose of the negotiation. As an exception, parties are permitted to bring an action before the competent court or to ask for an issuance of an order on request. A possible action before a summary trial judge or the initiation of a process on request does not mean that parties waive the clause of an amicable settlement, unless expressly provided otherwise.

 

Made at Aubagne, the 15/03/2020.