Terms of Sales
Article 1 – IDENTITY OF THE SELLER
Artcars
L’anti chambre
169 Avenue Michelet
13300 Salon-de-Provence
FRANCE
Tel: in progress
SASU with capital 1,000 Euros - Siret 839 664 448 00017
Article 2 – PREAMBLE
The purpose of these General Conditions of Sale (hereinafter “the General Conditions”) is to define the conditions and terms of sale of the decorative products hereinafter “the Products”) from its Website. www.artcars-co.com hereinafter “the Website”).
An order can only be placed by a customer residing in mainland France (including Corsica) or in the following countries: Monaco, Belgium, Spain, Greece or Portugal (hereinafter “the Customer”).
Any order placed by the Customer automatically implies, without restriction or reservation, its irrevocable acceptance of the General Terms and Conditions. Thus, only the provisions of these General Terms and Conditions are authentic between Artcars and the Customer, to the exclusion of all others.
Artcars reserves the right to modify its General Terms and Conditions at any time, without notice. The new version of the General Terms and Conditions is applicable to orders placed from the moment they are put online on the Website. www.artcars-co.com therefore recommends that its Customers regularly read the latest version of the applicable General Terms and Conditions.
Article 3 – PRODUCTS
3.1 FEATURES
The essential characteristics of the Products marketed by Artcars are described on the Website www.artcars-co.com
The Products offered comply with current French legislation and the standards applicable in France. There are no spare parts for our products.
3.2 AVAILABILITY
The Products are available for purchase while stocks last. When a Customer places an order on the Website, he is informed of the availability of the Products he wishes to order.
However, in the event that a Product ordered by the Customer subsequently turns out to be unavailable, Artcars will inform the Customer by email within a short time. Since then :
- If all the Products covered by the order are unavailable, the order will then be automatically canceled and the Customer's bank account will be credited at the latest in
- If certain Products only subject to the order are unavailable, the customer can then choose to replace the missing product, maintain their order or cancel all or part of their order.
Article 4 – LEGAL GUARANTEES AND COMMERCIAL GUARANTEE
4.1 LEGAL GUARANTEES
All products supplied by Artcars benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the item sold under the conditions provided for in articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code. These articles are reproduced below:
Article L211-4 of the Consumer Code
The seller is required to deliver 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 any lack of conformity resulting from the packaging, carried out under his responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- match the description given by the seller.
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, in particular in advertising or labeling;
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item 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 would not have acquired it. would have given only a lower price, if he had known them.
Article 1648 of the Civil Code paragraph 1
Action resulting from redhibitory defects must be brought by the purchaser within 8 days of discovery of the defect.
4.2 COMMERCIAL GUARANTEE
The commercial guarantee means any contractual commitment towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the goods, in addition to their legal obligations aimed at guaranteeing the conformity of the goods.
No commercial guarantee is granted by Artcars
4.3 REMINDER OF CUSTOMER RIGHTS
It is therefore recalled that when acting as a legal guarantee of conformity, the Customer:
- benefits from a period of 1 month from delivery of the goods to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 211-9 of the Consumer Code;
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may also 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, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Article 5 – PRICES AND PAYMENT TERMS
5.1 PRICE
The price of the Products is invoiced to the Customer on the basis of the price in effect at the time of the order.
Artcars reserves the right to modify its prices at any time, without notice. The new prices are applicable to orders placed as soon as they are put online on the Website www.artcars-co.com
The price of the Products offered for sale on the Website is indicated in Euros, including tax.
Prices do not take into account delivery costs. Delivery costs are flat rate. The amount of delivery costs is indicated to the Customer before validation of their order.
5.2 PAYMENT TERMS
Payment for the order (price and delivery costs) is made:
- By credit card CB – VISA and MASTERCARD and AMERICAN EXPRESS.
- Wire Transfer.
- By PayPal
The debit from the Customer's bank account occurs at the time of the validated order.
5.3 PAYMENT SECURITY
The Website www.artcars-co.com includes an SSL security system.
The Website www.artcars-co.com uses the secure payment system PAYBOX SERVICES and is coordinated with the banking organization Crédit Mutuel.
As part of its order verification and payment quality policy, Artcars may ask the Customer for a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification of the documents provided by the Customer.
The Customer guarantees that he has the authorizations that may be necessary to use the payment method chosen by him when validating his order.
5.4 BILLING
A detailed invoice, printable from the Customer's account, is accessible from delivery of the Products ordered.
5.5 DISPUTE OR REFUSAL OF PAYMENT
In the event of refusal of payment to Artcars by a banking organization, Artcars reserves the right to (i) suspend the management and delivery of the disputed order or (ii) to refuse or cancel the order of the Customer with whom it already exists. an ongoing dispute relating to the payment of an order.
Article 6 – ORDER
Orders are placed exclusively on the Website www.artcars-co.com by following the instructions which appear there for this purpose.
As a reminder, the Customer declares to have read and accepted the General Terms and Conditions before formalizing his order.
The data recorded by Artcars and its information systems constitute proof of all transactions carried out by Artcars and the Customer.
As soon as their order is validated, Artcars sends the Customer a confirmation email summarizing their entire order.
Article 7 – DELIVERY
7.1 DELIVERY TERMS
Parcels are only delivered in mainland France (including Corsica) and in the following countries: Monaco, Belgium, Spain, Greece and Portugal.
Deliveries are made via the Post Office services, according to the Colissimo system, or by any other service chosen by Artcars
The Products are delivered to the address indicated by the Customer during each order. If the Customer wishes to be delivered to different addresses, he must place separate orders.
Artcars sends each Customer an email notification of shipment of their order.
7.2 DELIVERY TIMES
Artcars undertakes to deliver the products in accordance with the average delivery time indicated on the site for each product. In the absence of a deadline indicated, the delivery time of the product may not exceed sixty days (60 days) after confirmation of the order.
An email informs the Customer of any possible delivery delay.
7.3 MONITORING DELIVERIES
Each Customer can follow the processing status of their order by Artcars live on the Website, in the “My Account” section.
The Customer can click on the package number which will be communicated to him in the email notification of dispatch of his order, and which also appears in the “Order tracking” section of the website.
La Poste offers an order delivery tracking service accessible from the “ www.Coliposte.net ” site by entering the parcel number. This service is independent of Artcars.
7.4 DELAYED DELIVERY
If the average delivery time indicated is exceeded, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having requested, according to the same terms, Artcars to make delivery within a reasonable additional period, the latter did not execute within this period. The contract is considered terminated upon receipt by Artcars of the letter or writing informing it of this resolution, unless the professional has complied in the meantime. The Client will then be reimbursed under the conditions set out in paragraph “Refund of Products” of the “RIGHT OF WITHDRAWAL” Article.
If the average delivery time indicated to the Customer is exceeded and if it appears that this time constituted for the Customer an essential condition of the contract, the Customer may immediately terminate the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract. In this case, the contract will be considered terminated upon receipt by Artcars of the letter or writing informing it of this resolution. In the event of resolution due to late delivery of the product(s), Artcars undertakes to reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the Customer terminated the contract.
7.5 LACK OF RECEIPT OF PACKAGES
If during delivery to the address indicated by the Customer, he is not present or refuses the package, the package will be left at the Post office closest to his home, where the Customer can collect it during a period of fifteen (15) days, upon presentation of the delivery notice deposited by the Post Office in your mailbox.
At the end of this fifteen (15) day period, the Post Office returns any unclaimed package to Artcars.
If a package is returned to Artcars for a reason attributable to the Customer, such as “unclaimed” package or “does not live at the address indicated”, Artcars will inform the Customer concerned by email.
In this case, with the Customer's agreement, the package will be reshipped, the reshipping costs being covered by the Customer. An email will inform the Customer of the procedure to follow for payment of these shipping costs.
In all other cases, the package will be kept by Artcars for sixty (60) days. At the end of this period, Artcars may dispose of the Products thus returned, without notice or formal notice, giving the Customer no right to reimbursement, replacement or compensation. The Customer will not be reimbursed either the price of the order or the costs. Delivery.
7.6 PRODUCT DAMAGED ON DELIVERY
In the event that the Products are delivered damaged, the Customer must notify this fact to the Post Office by registered letter with acknowledgment of receipt within seventy-two (72) hours (working hours) following delivery of the package.
This complaint must be motivated and describe in particular the state in which the Products and their packaging were delivered to the Customer.
It is recommended to examine the package in the presence of the delivery person and to note any reservations on the delivery note, of which the Customer must keep a copy.
Within this same period of seventy-two (72) hours, the Customer must send a duplicate of his complaint by email or by registered letter with acknowledgment of receipt,
Artcars will then contact the Customer by email in order to organize the return of the Products at Artcars' expense. Furthermore, the Customer will have the following choice:
- maintain your order and obtain a new delivery (unless the Product is unavailable), this triggering a new delivery period, or,
- resolve the order, Artcars proceeding to reimburse the price paid under the conditions and terms defined in the “Reimbursement of Products” paragraph of the “RIGHT OF WITHDRAWAL” Article.
Article 8 – RIGHT OF WITHDRAWAL
The Customer has, from receipt of the products, a withdrawal period of 1 day to exercise his right of withdrawal, without having to justify himself or pay a penalty, at the address below:
ARTCARS
169 Avenue Michelet
13300 Salon-de-Provence
FRANCE
8.1 EXERCISE OF THE RIGHT OF WITHDRAWAL
The Customer must inform him of his decision to withdraw within 24 hours by sending:
- by any written means (mail, email) expressing your desire to withdraw
In the event of an order for several products delivered separately, the Customer has a withdrawal period of 24 hours from receipt of the last product.
Return costs are the responsibility of the Customer. These costs are estimated at a maximum of around 30 EUROS.
Artcars undertakes to do everything possible to respond to the Customer as quickly as possible.
When the Customer exercises his right of withdrawal, the Customer undertakes to return the Products at the latest, within 2 days following communication of his decision to withdraw. Otherwise, the right of withdrawal has no effect and the sale is final.
The Products must be returned intact, clean and complete (i.e. in perfect condition for resale, unmodified, in their original packaging), accompanied by any instructions and accessories.
The Customer must return the Products by clearly indicating on the package their invoice number or the return number assigned to them. The Customer must also include a copy of his invoice in the package.
It is up to the Customer who exercises his right of withdrawal to reserve proof of the reshipment of the goods by him (presentation of a receipt for registered delivery, presentation of a document provided by the carrier, etc.).
Prior to reimbursement, Artcars reserves the right to carry out the necessary checks in the event of a discrepancy between the returned Products and the attached invoice or return number.
8.2 REIMBURSEMENT OF PRODUCTS
The Customer will be reimbursed an amount equal to the price of the returned Products plus the shipping costs he paid for the order complained of, with the exception of additional delivery costs if the Customer has expressly chosen a method of delivery. delivery more expensive than the standard delivery method offered by Artcars. The costs of returning the Products, the maximum amount of which is indicated above, will remain the responsibility of the Customer.
This reimbursement will be credited to the bank account from which the payment received by Artcars was issued.
Reimbursement will take place no later than fourteen (14) days from the date on which Artcars was informed of the Customer's decision to withdraw, subject to receipt of the products in good condition or supply by the Customer. proof of actual shipment of the products. Artcars makes the reimbursement using the same means of payment as that used by the Customer when validating the order, unless the Customer expressly agrees to reimburse the amount by another means of payment and to the extent that the reimbursement does not does not incur costs for the Customer.
Article 9 – CUSTOMER SERVICE AND COMPLAINTS
The Website's Customer Service is available to Customers for any information, from Monday to Friday:
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By email: artcars.co@gmail.com
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By mail to the following postal address:
ARTCARS
169 Avenue Michelet
13300 Salon-de-Provence
FRANCE
Artcars undertakes to do everything possible to respond to the Customer as quickly as possible.
Article 10 – RESPONSIBILITY
Artcars cannot be held liable and Artcars cannot under any circumstances be held responsible for damages of any nature, whether material, immaterial, indirect, or bodily, which could result from:
- improper use by the Customer of the Products, in contradiction with usage, the usual rules of caution and the information notices provided,
- an inadequacy between the photographs and the texts reproduced illustrating the Products and their characteristics, communicated for illustrative purposes and not contractual.
Artcars cannot be held liable in the event of the occurrence of a force majeure event, that is to say an irresistible and unpredictable event.
Article 11 – MISCELLANEOUS
11.1 INVALIDITY OR ILLEGALITY OF A CLAUSE
In the event that one of the provisions of these General Terms and Conditions is deemed void or illegal, the validity and legality of the other provisions will not be affected.
11.2 PERSONAL DATA
Information relating to the processing of personal data is accessible on the website www.artcars-co.com in the “Personal Data” section. This section can be directly consulted by clicking on the site
11.3 SETTLEMENT OF DISPUTES AND APPLICABLE LAW
These General Terms and Conditions are subject to French law.
However, in the event of a dispute, the Customer will have the possibility of seeking, prior to any legal action, an amicable solution to resolve the dispute.
In the absence of prior amicable settlement between Artcars and the Client, all disputes arising within the framework of the relationship between the Client and Artcars will be submitted to the courts of Salon de Provence. .