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GENERAL TERMS AND CONDITIONS OF SALE (GTC)

ART GOODIES

1-THE SELLER

SARL ART GOODIES headquartered at 27 Boulevard de l'Ariane - 06300 Nice - France
Registered at Nice Trade and Company Registry No. 539 662 163 - Siret No. 539 662 163 00010 - VAT identification No. FR 47 539 662 163 - E-mail: contact@art-goodies.com - Phone: +33 9 50 84 49 80

2-PLACING YOUR ORDER

By placing an order on www.art-goodies.com, a contract is automatically formed between the Customer and Art Goodies’s online shop (the Seller), which implies an irrevocable acceptance by the user, without limitation or reserve, of the General Terms and Conditions of Sale.

To allow the user to know the products they wish to purchase before ordering them, the characteristics of the products offered for sale are displayed on www.art-goodies.com. In particular, www.art-goodies.com describes the specifications, illustrations and information referring to dimensions or capacity of the products. The products offered for sale are described and presented with the greatest possible accuracy. However, should errors or omissions have occurred in this presentation, Art Goodies’s liability shall not be engaged. The selecting and purchasing of a Product are under the sole responsibility of the user.

The user who wishes to buy one or more products contained on the website must select each product he wishes to buy and add it to the basket. The user is invited to refer to the description of each product in order to know its properties and characteristics, in particular regarding the desired characteristics. When the Customer has chosen all the products he wants to buy, he can then confirm the content of the basket and place his order.

At this stage, the Customer will be redirected to a page summarizing the details of the products he has selected, their prices and delivery options (along with the shipping expenses). He will then choose the delivery options and payment methods, which suit him best.

After accepting the General Terms and Conditions of sale, the Customer will go to “Proceed to checkout”, located on the bottom right hand corner. He will then click on "order with obligation to pay" to confirm and place an order.

Any order implies acceptance of the prices and descriptions of products available for sale. The user can review and modify his basket before its final confirmation, this last step formalizing the sale contract between the user and Art Goodies.

After placing the order, the Customer will receive an e-mail acknowledging the order and containing all the elements of the contract (products ordered, price, delivery time, shipping expenses, etc). Art Goodies reserves the right not to confirm an order for any reason whatsoever, including either a product supply problem, or a problem with the order received.

We will inform him of the sending of his items with a tracking number to follow the parcel with the carrier chosen. The Customer accepts to get his shopping bills electronically. Electronic invoices will be made available in PDF format in the space "Your Account" on our website.

Art Goodies agrees to fulfill orders received on the website only within the limits of available stock. Should a product not be available, Art Goodies undertakes to inform the Customer. The sale will be considered final when the Art Goodies’s online shop e-mails the Customer its acceptance of the order and after the full price is received through the Art Goodies online shop. The Customer will be able to track his order on the website at www.art-goodies.com in the Client Account and contact the Customer Service at +33 9 50 84 49 80 (non-premium rate number).

3- RIGHT OF WITHDRAWAL (only valid for deliveries in Europe)

The Customer has the right to withdraw from this contract without giving any reason within fourteen days.

The withdrawal period shall expire fourteen days after the day when the Customer, or a third party (other than the carrier) and designated by the Customer, takes physical possession of the last goods ordered.

To exercise the right of withdrawal, the Customer shall notify Art Goodies of his decision to withdraw from this contract through an unequivocal statement (e.g., letter sent by post, fax or e-mail). He can also complete and submit the sample withdrawal form he will find on our website at www.art-goodies.com. If he uses this option, Art Goodies will send without delay a receipt of withdrawal on a durable medium (e.g. by e-mail). For the withdrawal period to be observed, the Customer will simply send us his communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effect of the withdrawal

In the event of a valid cancelation of this contract by the Customer, Art Goodies will reimburse all payments received for this order, including shipping expenses (excluding additional costs arising from the fact that the Customer chose, if applicable, a delivery other than the standard cheapest delivery method proposed by us) without undue delay and, in any event, not later than fourteen days from the day Art Goodies is informed of his decision to rescind this contract.

Art Goodies will refund via the same payment method used by the Customer for the initial transaction, unless a different method is specifically agreed upon. In any event, this refund will not incur any fee for the Customer.
Art Goodies may withhold the reimbursement until he has received the goods or until the client has provided proof of shipment of the goods, whichever comes first.
The Customer must return or provide the goods, to Art Goodies - 27 Boulevard de l'Ariane - 06300 Nice - France, without undue delay and in any event not later than fourteen days after the Customer has communicated his decision to rescind this contract. The deadline is met if the Customer returns the goods before the expiry delay of fourteen days.
The Customer must bear the direct cost of returning the goods and his liability is incurred in respect of the depreciation of the goods resulting from the handling other than those in accordance with the nature, characteristics and functioning of the goods.

4- PRICES AND PRODUCT AVAILABILITY

All prices are presented in euros all French taxes included (all taxes included, French VAT and other applicable taxes) unless otherwise indicated. Shipping expenses linked to the sending of the Customer’s order will be shown before the final confirmation thereof. In addition, once the order is confirmed, prices and costs will remain accessible in the "Your Account" section on the website.

The amount of VAT is shown when selecting a product by the Customer. If the VAT rate were to change, those changes would be reflected on the prices of items without the Customer being notified thereof. Art Goodies reserves the right to change prices at any time but the products are invoiced at the price prevailing at the time of the order.

When the Customer orders products on Art Goodies to be delivered outside the European Union, the product price is stated excluding taxes (VAT) and the Customer may be subject to duties and taxes on imports, which are levied when the package reaches its destination. All taxes for customs clearance, if any, shall be paid by the Customer. Art Goodies has no control over these charges. Customs and Excise policies vary widely from one country to another; the client will therefore have to contact his local Customs for more information. Furthermore, it should be noted that when the Customer orders on Art Goodies, he is considered as the importer and must therefore comply with all laws and regulations of the country in which he will receive the products. The protection of privacy is important to Art Goodies and we draw attention to our international customers to the fact that cross-border deliveries are likely to be opened and inspected by Customs authorities.

Art Goodies shows the availability of the products sold on its website on each product page. Art Goodies cannot bring greater clarity regarding the availability of products than what is shown on that page or elsewhere on the website. While processing the order, Art Goodies will inform the Customer by e-mail as soon as possible if the products ordered are found to be unavailable.

5- ORDER,  IDENTIFICATION AND SECURE PAYMENT

The Customer confirms the order as stated hereinafter. This confirmation implies acceptance of these General Terms and Conditions of sale. Customers interested in any article listed on the website at www.art-goodies.com must follow the ordering process to purchase it. After checking the details of the order (color, quantity, size, price, etc), the mode and address of delivery, the Customer accepts the General Terms and Conditions of sale and confirms the order by clicking the "Order with obligation to pay" link. If the customer is entitled to a special offer, he must first enter the provided code in the appropriate section. When placing his first order, the customer has to fill in a form containing the following information: title, full name, first name, complete delivery address, e-mail, date of birth, phone number. On this occasion the client creates a password. The Customer may pay by PayPal, by credit card through CIC’s 3D secure module, by wire transfer or check (in France or Oversees Departments and Territories of France only). On confirming “mode of payment”, the Customer irrevocably and definitely confirms his order.

  • Payment by credit card on the website: the Client provides the number of the credit card associated with the expiry date and CVX code. To ensure payment security, www.art-goodies.com uses the Secure CIC bank payment service. This service incorporates the standard SSL security. The confidential data (the 16-digit credit card number and the expiry date, the CVX code) are directly transmitted encrypted to the bank server without passing through Art Goodies’ physical media server. When the order is confirmed, the payment request is routed in real-time via a protected payment handler. It sends a request for authorization to the credit card network. The payment manager issues an electronic certificate as legal evidence of the amount and date of the transaction in accordance with articles 1316 and following of the Civil Code.
  • PayPal: with PayPal your financial information is never shared with Art Goodies. PayPal encrypts and protects your card number once and for all. Pay online by simply entering your e-mail address and password.
  • Payment by wire transfer: simply select "wire transfer” and confirm the order. You will receive our bank details, a reminder of the amount of the order, and the invoice number by e-mail. The Customer will provide the invoice number to his bank on making the transfer. We will start preparing the order on receiving your transfer (it takes about 4 working days, depending on the inter-bank delays). ART GOODIES reserves the right to cancel the order if it has not received payment within 10 days after the confirmation of the order.
  • Payment by check (only for customers residing in France or Overseas Departments and Territories of France). Simply select "check" and confirm the order. The Customer must send the check to ART GOODIES at 27 Boulevard de l'Ariane - 06300 Nice. We will begin to prepare his order when payment is confirmed by Chèque Service. ART GOODIES reserves the right to cancel the order if it has not received the check within 10 days after the confirmation.

Art Goodies reserves the right to refuse to make a delivery or to honor an order from a Customer who has not paid a previous order in full or with whom a payment dispute is ongoing.

Ordered goods remain the property of ART GOODIES and of the artist until full and final payment of the price is made, in accordance with the terms of Law No. 80335 dated May 12, 1980. ART GOODIES reserves the right to reclaim the goods ordered in case of default of payment. In this case and at the first request by ART GOODIES, the client agrees to return any product not paid for at his own expense.

Art Goodies controls all the orders that have been confirmed on its website. These controls are designed to protect Art Goodies from fraud. Our services may require from the Customer all documents necessary to carry out the order: proof of residence or official invoice (electricity, water, income taxes…) with the address in the Customer’s name, or proof of address on behalf of the appropriate person to the delivery address, etc.

The Customer who has made a purchase on the website at www.art-goodies.com can choose a password for subsequent orders, thus preventing him from filling in again the forms prior to placing the order. The client already registered on the website is recognised as a Customer of Art Goodies. The Customer’s password on Art Goodies is strictly confidential and personal. In any case, it must not be disclosed or released to anyone. In the event the client were to lose or forget the password, the Customer is liable for warning, as soon as possible, the Art Goodies’s webmaster at contact@art-goodies.com, who will then deliver a new password within 48 hours that will automatically replace the former password. To facilitate the Customer’s identification by the simultaneous delivery of an e-mail address and password, the Customer expressly authorises Art Goodies to upload a "cookie" on his hard disk whose sole purpose is to facilitate the identification.

6- DELIVERY AND CLAIMS

The geographical area of delivery corresponds to the geographical area covered by the offer.

Products purchased by the Customer will be delivered within a maximum of thirty days following the date of the order to the address specified by the user when ordering on the website at www.art-goodies.com. If this period is exceeded, not justified by an event of force majeure, the user may request the cancellation of the sale in accordance with Article L. 114-1 of the Consumer Code and obtain a refund of amounts paid in connection with the sale.

Except in special cases or unavailability of one or more goods, the goods ordered will be delivered in one batch. Deliveries are made by an independent carrier. Delivery shall be deemed made upon delivery of the goods to the carrier. The delivery note provided by the carrier, dated and signed by the Customer upon delivery of the goods constitutes evidence for transport and delivery. Upon delivery, the Customer must check the content, conformity and condition of the goods. In case of delay, damage, total or partial loss, or any other problem, the Customer will contact the carrier and take action without Art Goodies being in any way held liable. Therefore, upon delivery, ART GOODIES advises the Customer to check the state of the products delivered before signing the bill of receipt. As such, if the Customer finds any anomalies, he must refuse the delivery of the goods or make specific handwritten reservations, and date them. These reservations must be confirmed to the carrier by registered letter with bill of receipt within three (3) business days after delivery of the goods. A copy must be sent to ART GOODIES.

Should the address provided by the Customer be incorrect, the parcel will be returned to ART GOODIES’s head office and the cost of sending the package back to the correct address provided by the Customer shall be borne by the latter.

Claims for non-conformity of the ordered goods shall be made in writing directly to ART GOODIES and immediately upon receiving the goods. The Customer must keep the packaging and the delivery receipt. If the error concerns the goods, the client agrees to return the goods concerned on reception to ART GOODIES provided that they be sent without opening their packaging, in their original state and packaging along with the accompanying documents. Art Goodies will replace as soon as possible and at its expense, when non conformity or defects have been proved by the Customer. The non-conforming product will be automatically refunded if it were not available, within 30 days of the payment by the Customer.

FORCE MAJEURE: in addition to those usually considered by French courts and tribunals, Force Majeure shall refer to - total or partial strikes, whether inside or outside the company, blocking of means of transport or supply for any reason whatsoever, legal or governmental restrictions, computer breakdowns, interruption of telecommunications including networks and especially the Internet. An event considered as Force Majeure will first suspend, lawfully, the execution of the order. If after a period of three (3) months, the parties notice the persistence of force majeure, the order will be canceled, unless otherwise agreed upon by both parties.

RETRIEVING THE GOODS IN THE CUSTOMER’ S ABSENCE: in the event of the Customer not being present at the time of delivery, the carrier will leave a notice at the delivery address specified by the Customer. The goods must be collected at the address and in the manner specified by the carrier. If not collected in the delay and manner specified by the carrier, the product will be returned to ART GOODIES, who reserves the right to refund the product price, shipping costs to be borne by the Customer. In case of forwarding the parcels, postage will be charged again.

7- WARRANTY- LIABILITY

To avoid any inconvenience, goods are checked by Art Goodies prior to shipment.
However, the Customer has a contractual guarantee against any defects that the delivered goods may present for a three-month period from delivery, subject to normal use and in accordance with the recommendations contained in the documents and related product manuals provided. In any event, the goods sold are subject to the Article 1641 and following of the Civil Code against hidden defects.

During all the stages of accessing the website, consulting, filling in forms, placing an order, delivering the items or any other service, Art Goodies has an obligation of means only. As a consequence, Art Goodies cannot be held liable for any inconvenience or damage arising from the use of the Internet, completely outside the diligence and precautions taken by Art Goodies. In particular, any disruption in the supply of the service, or external intrusion or presence of computer viruses, is not the responsibility of Art Goodies.

We are committed to providing all the care used in the profession for the implementation of the service offered to the Customer. However, we cannot be held liable in case of delay or breach of our contractual obligations when the delay or failure is due to a cause out of our control: a fortuitous event or force majeure as defined by applicable law.

We will not be held liable in case of delay due to the publisher or to the supplier running out of stock. In addition, we will not be held liable in case of minor differences between the photos for the articles and texts posted on the website at www.art-goodies.com and the goods delivered.

8- DATA PROTECTION AND FREEDOM

PERSONAL DATA: automated processing of information, including the management of e-mail addresses of our website’s users has been declared to CNIL under the No. 1561942 on January 29, 2012. It was made in compliance with the provisions of the law No. 78-17 of January 6, 1978.

The personal information requested from the Customer is essential for the processing and delivering of orders, preparing invoices and possible warranties. For these purposes, this information may be provided to ART GOODIES’s contractors. The Customer may object to such disclosure and in accordance with the law “Informatique et Libertés" (Law of January 6, 1978 on Data Protection and Freedom), he has a right of access, modification, rectification and deletion of his data by writing to ART GOODIES, 27 Boulevard de l'Ariane - 06300 Nice. To limit fraud, ART GOODIES may require from the client proof (identity, residence, etc). Should the Customer refuse to provide such documents or information, Art Goodies reserves the right to cancel the order and proceed to refunding the product.

The occurrence of an unpaid invoice due to fraudulent authorization of a credit card and improper or misleading statements will result in the Customer’s data being registered in a payment incident file managed by Art Goodies.

ELECTRONIC SIGNATURE: clicking on the “confirmation” link constitutes an electronic signature. This electronic signature between the parties has the same value as a handwritten signature.

PROOF: the records stored in ART GOODIES’s computer systems in reasonably safe conditions will be considered proof of communications, orders and payments between the parties. The filing of purchasing orders and invoices is made on a reliable and durable medium that can be produced as evidence. 

9-INTELLECTUAL PROPERTY

ART GOODIES owns the intellectual property rights on the website and the right to broadcast materials on the e-shop catalog including photographs for which it has obtained the necessary authorizations from the persons concerned. Consequently, the partial or total reproduction, on any media whatsoever, of the components of the website and the catalog, their use and their provision to third parties are strictly prohibited.

10- CHANGES TO SERVICES OR GENERAL TERMS AND CONDITIONS OF SALE

Art Goodies reserves the right to make changes to its website, its procedures, and its Terms and Conditions, including the present Terms and Conditions at any time. The Customer is subject to the Terms and Conditions, Procedures and Conditions of Sale in force at the time when he orders goods, unless a change to these Terms and Conditions is required by an administrative authority or government (in this case, the modification can be applied to previous orders that the Customer has made). If any provision of these Terms and Conditions is deemed invalid, void or unenforceable, for whatever reason, that provision shall be deemed severable and shall not affect the validity and effectiveness of the remaining provisions.

11- ENTIRE AGREEMENT

These Terms and Conditions constitute all the obligations of the parties. No other general or special condition mentioned by the Customer may be incorporated nor waived.

12- NON-WAIVER PROVISION

Not claiming a breach of one of the Customer’s contractual obligations shall not be construed as a waiver of the concerned obligation nor as a waiver of the right to claim for any future breaches

13- INVALIDITY

If one or more provisions of these Terms and Conditions is held to be invalid or declared as such under any law, regulation or following a final decision by a competent court, other provisions shall remain valid and binding. 

14- DISPUTES-APPLICABLE LAW

This contract is subject to French law, both for the substantive and procedural principles.

IN THE EVENT OF LITIGATION AND FAILURE TO REACH MUTUAL AGREEMENT BETWEEN THE PARTIES, JURISDICTION IS EXPRESSLY GRANTED TO THE COURTS HAVING JURISDICTION WHERE ART GOODIES IS REGISTERED NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR INTRODUCTION OF THIRD PARTIES EVEN FOR URGENT PROCEDURE OR SUMMARY PROCEDURES OR BY PETITION.