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Terms of use Terms of use

Terms and conditions

 

The online store ENCENS2000 site was set up by the company ARTS IMPORT, which is the operator of this site. Any order in the online store ENCENS2000.com requires prior consultation of these terms and conditions. Accordingly, the consumer acknowledges that he is fully aware that his agreement regarding the content of these terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order products presented on the website. The consumer has the option to save or edit these general conditions, it being specified that both the backup and the edition of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for a personal use. As a consumer, the customer therefore has specific rights, which would be challenged in the event that the products or services acquired through the website would actually relate to his professional activity. The online store set up by ARTS IMPORT as part of the website mentions the following information :

 

 

Article 1 : Entirety

These general conditions express the entirety of the obligations of the parties. This way, the consumer is considered for accepting without reserve the completeness of measures foreseen in these general conditions. No general or specific condition contained in the documents sent or delivered by the consumer will be able to be integrated into the present ones, since these documents would be incompatible with these general conditions.

 

Article 2 : Subject

These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company ARTS IMPORT to the consumer

 

Article 3 : Contract documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these general condition, the purchase order. In case of contradiction between the measures contained in the documents of different rank, the measures of the document of superior rank will prevail.

 

Article 4 : Entry into force - period

These terms and conditions entry into force on the date of signing the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company ARTS IMPORT.

 

Article 5 : Digital signature

The "double click" of the consumer under the purchase order constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.

 

Article 6 : Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or to the address indicated by the consumer in the order form.

 

Article 7 : Proof of the business transaction

The computerized record, preserved in the computer systems of the company ARTS IMPORT under reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments made between the parts. The archiving of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

 

Article 8 : Products informations

8-a : The company ARTS IMPORT show on its website products for sale with the necessary characteristics that allow to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wants to buy.

8-b : The offers presented by the company ARTS IMPORT are valid only within the limits of available stocks.

 

Article 9 : Price

The prices are quoted in euros and are valid only at the date of the sending of the purchase order by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the T.V.A rate applicable on the day of the order and any change of the applicable T.V.A. rate will be automatically passed on the price of the products of the on-line shop.

 

Article 10 : Payment method

To set the order, the consumer has, as he wants, all the payment methods referred into the purchase order. The consumer guarantees to ARTS IMPORT that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the purchase order. The company ARTS IMPORT reserves the right to suspend any order management and any delivery in case of non-payment. The ARTS IMPORT company reserves the right to refuse to make a delivery or to honor an order from a consumer who has not settled totally or partially a previous order or with whom a dispute of payment would be in the course of administration.

 

Article 11 : Availabilities of the products

The order will be executed at the latest 3 days after the day at the consumer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel his order. Then, the consumer will have the choice to request the refund of the amount paid within 30 days at the latest of their payment, or an exchange of the product.

 

Article 12 : Terms of delivery

The products are delivered to the address indicated by the consumer on the order form The consumer is required to check the condition of the packaging of the goods on delivery and report the damage due to the carrier on the delivery order, as well as the company ARTS IMPORT, within one week. Regarding shipping, we work mainly with Colissimo and with GLS.

 

Article 13 : Delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. The customer will also confirm this anomaly by sending a registered letter with acknowledgment of receipt at the carrier. The consumer will have to send a copy of this letter by fax or by simple mail to our customer service:

ARTS IMPORT

ZONE DES GLENARDES

89580 VAL DE MERCY

03 86 41 75 48

 

Article 14 : Delivery error

14-a : The consumer must formulate with the ARTS IMPORT company the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products compared with order form informations. Any claim made after this time will be rejected.

14-b : Please, for any claims contact us:
- by Fax : 09 55 56 81 33
- by mail : Contact us
- by phone : 03 86 41 75 48

14-c : Arts Import excluded Any claim not made in the rules defined above and within the time limits. Arts Import excluded also any responsibility towards client.

14-d : After receipt of the complaint, the company ARTS IMPORT will allocate an exchange number of the product concerned and will communicate it by e-mail, fax or telephone to the consumer.

14-e : About an error of delivery or a product exchange, all product to be exchanged or refunded must be returned at the company ARTS IMPORT as a whole and in its original packaging, by registered Colissimo, at the following address:

ARTS IMPORT

ZONE DES GLENARDES

89580 VAL DE MERCY

To be accepted, any return must be reported in advance to the Customer Service of ARTS IMPORT.

Shipping costs are the responsibility of the company ARTS IMPORT, except in the event that it turns out that the product does not match the original declaration made by the consumer in the return voucher..

 

Article 15 : Product guarantee

We remind you that you also benefit from the legal guarantee of the latent defects in application of articles 4 of Decree No. 78-464 of March 24, 1978. The consumer is expressly informed that the company ARTS IMPORT is not the producer of the products presented on the website, within the meaning of the law n ┬░ 98-389 of May 19, 1998 and relating to the responsibility of the defective products As a consequence, in case of damages caused for one person or in the good by a defect of the product, only the responsibility of the producer of this one can be looked for by the consumer, on the basis of the information appearing on the packaging of the aforementioned product.

 

Article 16 : Right of withdrawal

The consumer has a delay of 14 working days to return, at his expenses, products not being convenient for him (her). This period starts on the day of the order is delivered to the customer. If this period expires on a Saturday, a Sunday or a non-working day, it will be extended to the first working day thereafter. Any return must be beforehand indicated with the Customer service of the company Arts Import by e-mail or fax. The product must be returned in its original packaging, without change or alteration and must be complete by registred Colissimo at :

ARTS IMPORT

ZONE DES GLENARDES

89580 VAL DE MERCY

 

This rght of withdrawal exercised without penalty, except for shipping back. If a consumer chooses to exercise this right, they may request a refund for the amount they paid, or ask for the product to be exchanged. In the case of an exchange, shipping will return at the expense of consumers.

In case of exercises of the right of withdrawal, Arts Import will reimburse consumer within 14 days.

Consumer will be reimburse by cheque.

 

Article 17 : Force majeure

Therefore, neither of the two parties shall have failed in its contractual obligations, in the case that their execution may be delayed, hindered or impeded by an act of God or case of absolute necessity. Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other party within ten business days following the date on which it is aware. Both parties will then meet within one month, except if the act of God prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled. If the force majeure has a duration three-month-old superior, the present general conditions can be cancelled by the injured party. Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.

 

Article 18 : Partial not validation

If one or more clauses of these terms and conditions of sale were deemed illegal or invalid, such invalidity would not apply to invalidate other provisions of these conditions retain their full force and effect.

 

Article 19 : No waiver

The fact for one of the parts not to take advantage of a neglect by the other part in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.

 

Article 20 : Title

In the event of a difficulty in interpretation arising between any of the titles heading the clauses and any of the clauses, the titles will be declared inexistent.

 

Article 21 : Applicable law

These general conditions are governed by French law. This is applied for the rules of fund and also to the rules of form. In case of dispute or complaint, the consumer will address in priority to Arts import to obtain an amiable solution.

 

Article 22 : Computing and freedom

The information that is requested from the purchaser is necessary for the processing of his/her order and may be communicated to Arts import contractual partners, that are involved as part of executing these order. The consumer can write to the company Arts Import coordinates of which are within the charter of confidentiality appearing within the framework of the Web site, to oppose to such a communication, or to exercise his(her) rights of access, rectification towards the information concerning him and appearing in the files of the company Arts Import, in the statutory conditions of January 6th, 1978.

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