ARTICLE 1 – SCOPE

1.1 – The present conditions of sale are concluded on the one hand by the company registered under SIREN No. 803 6 36 778 00018, hereafter referred to as “seller”, and on the other hand, by any natural or legal person wishing to proceed to a purchase via the website of ARTESSENTIEL.COM hereafter referred to as “purchaser”.

ARTICLE 2 – OBJECT

2.1 – The present conditions of sale aim at defining the contractual relations between the seller and the purchaser and the conditions applicable to any purchase carried out through the ARTESSENTIEL.COM website.

2.2 – The purchaser is identified as a person buying on the website ARTESSENTIEL.COM having a valid, functioning e-mail address or a postal address. He/She is a natural person or the representative of a legal entity, either a professional or a private individual, with the effective means to use the services available and for which he/she shall be responsible and bear all costs inherent in using such means.

2.3 – The purchase of an object, artwork or service via this website involves an acceptation without reserve of these sale conditions by the purchaser.

2.4 – The seller reserves the right to change its present general terms of sale at anytime without advance warning and justification. In this case, the general terms of sale are those in effect at the date of the order from the purchaser. 

2.5 – The purchaser declares that he/she has read and understood the following provisions before placing the order. By entering into an online sales contract, the purchaser expressly and irrevocably agrees to the terms and conditions set out hereafter; any contrary terms or conditions that are not respected by the purchaser shall not be binding on ARTESSENTIEL.COM unless they are expressly agreed to, regardless of the moment in time such terms were brought to its attention.

2.6 – The fact that the seller fails to rely on any one of these general terms of sale at a given time may not be construed as a waiver of its right to rely on any of the said terms in the future.

2.7 – The purchaser declares that he/she has legal capacity to enter into this agreement, i.e. that he/she is of legal age and, in the case of a natural person, is not under guardianship or temporary guardianship. If the purchaser represents a legal entity, he/she declares that he/she has the authority to bind the legal entity with respect to the type of sales contract entered into with the supplier.

ARTICLE 3 – ORDER VALIDATION

3.1 Order confirmation by the purchaser

The purchaser makes his/her order on ARTESSENTIEL.COM after having read and accepted the general sales conditions. Payment of the order must be made at the same time as this confirmation. The payment should be received by ARTESSENTIEL.COM within four business days after having confirmed the order. The order will be processed only on receipt of payment. Failure to make payment within the required deadline shall render the order null and sales fell. The work is then relisting by the seller. ARTESSENTIEL will confirm receipt of your order by electronic mail.

3.2 – Invoice

At the end of these previous steps, the seller shall automatically draw up an order summary (invoice) which shall constitute evidence of the purchaser’s order and shall be sent to him/her. The purchaser shall be sent the order summary by Internet. The order shall be deemed to be firm once the purchaser has the order summary sent by the seller in his/her possession. This order confirmation shall determine the effective date of the payment made by the customer. Payment is date of conclusion of the sale contract. To ensure he/she has effective evidence of the sale, the seller shall keep the purchaser’s full contact details, including the email address used to make the order.


ARTICLE 4 – PRICES

4.1 – The prices appearing on ARTESSENTIEL.COM are in Euros, include all taxes and exclude delivery charges (cf. Delivery).

4.2 – The seller reserves the right to change the prices at any time but undertakes to apply the prices in effect when the order was placed.

4.3 – The delivery price is indicated to the purchaser while making the order.

ARTICLE 5 – TRANSACTION PAYMENT AND SECURITY

5.1 – The price of the order is payable in Euros only, either by bank card (Credit card, Visa, Mastercard) – the bank card will be debited on the date of order – or by French cheque (only cheques issued from a bank with a holding in continental France are accepted) payable to ARTESSENTIEL – 251, avenue de Landouge. Please, write the reference number of your order on the back of the cheque.

5.2 – For a payment by bank transfer in Euros, the seller will provide bank domiciliation details along with the various IBAN/SWIFT codes and the bank account number where payment must be made in the acknowledgment of receipt of the order. Bank charges resulting from the transfer shall be borne by the purchaser, including charges for international transfers.

National bank transfer:
Name of the bank: CIC LIMOGES JEAN JAURES
Code: 30047 Bank office: 14266 Account number: 00020508901 RIB key: 11

International transfer :
IBAN : FR76 3004 7142 6600 0205 0890 111 BIC : CMCIFRPP !

ARTICLE 6: RIGHT OF WITHDRAWAL

6.1 – The purchaser has a 14-day right of withdrawal from the delivery of the order.

6.2 – The purchaser must inform the seller of his/her intention to cancel by registered post, with acknowledgment of receipt, within 14 working days from the delivery date.

6.3 – Within 4 days from the cancellation the delivered work(s) must be returned to the address below: ARTESSENTIEL – 251, av. de Landouge 87100 LIMOGES.

6.4 – The purchaser must prove the delivery date to benefit from the right of withdrawal.

6.5 – The purchaser must organize the return of the work(s) and bear the cost thereof.

6.6 – Upon receipt of the goods, and after verifying that they are in good condition, the seller will reimburse the amount paid for the returned goods, excluding any shipment or return costs.

6.7- The customer will be responsible for any depredations or losses incurred by the work that
is carried to its risks.


ARTICLE 7: DELIVERY AND CLAIMS

7.1 – Date of delivery

The date of delivery (i.e. the taking in charge by the freight company of shipment of the work(s) covered by these terms of sale) is provided for informational purposes only and is not guaranteed by the seller. The delivery will be made during normal business hours to the delivery address given by the purchaser on the order form for the average deadline indicated during the order process.

7.2 – Claims relating to damage

Immediately upon receipt of the parcel the purchaser must check its appearance to identify the possible apparent defects: torn or damaged cardboard box. If so, the purchaser must open it with the carrier. It is up to the purchaser, in case of negligence or damage, to emit precise and detailed notes to the carrier upon delivery, listing all damage on the delivery receipt to benefit from the contracted insurance. If the carrier refuses to stay when opening the parcel, the purchaser must refuse it. If those procedures are not followed, the seller will not be able to ask his insurance to cover the damage; consequently the purchaser will not be entitled to any refund.

7.3 – Claims relating to non conformity

If the purchaser feels the delivered good is not in accordance with the product he/she ordered, he/she must write his/her claim and send a registered letter, with acknowledgement of receipt, within 3 days following delivery, to: ARTESSENTIEL– 251,av. de landouge 87000 Limoges.

7.5 - It is the purchaser’s responsibility to provide evidence of defects or anomalies that have been declared. He/She must give the seller the possibility to record the defects in order to remedy them. He/She must not intervene directly or have a third party intervene for this purpose.


ARTICLE 8 – RETURN

8.1 – Terms

All product returns must be covered by a formal agreement between the seller and the purchaser. Any product returned without such an agreement in place would be set aside for the purchaser and a credit note would not be drawn up. The client shall assume the costs and risks of returning the product. He/She must organize the return of the work(s) and will bear the cost thereof. Evidence of the delivery date must be provided along with the returned goods and the goods must be in the same condition as the seller delivered them.

8.2 – Consequences

If the seller accepts a return, he will draw up a refund or a credit note for the purchaser, after having carried out a qualitative and quantitative verification of the returned product(s); if a return does not conform to the procedure set out above, the purchaser will lose any amounts already paid.


ARTICLE 9 - DATA PROTECTION ACT – PERSONAL DATA

9.1 – The information the purchaser is requested to provide when entering its contact details is required for ARTESSENTIEL.COM to process its order. 

9.2 – Pursuant to Article 27 of the French “Data Protection Act” [loi « Informatique et Liberté »] of January 6, 1978, the purchaser has the right to access and rectify information relating to himself/herself with the seller. This right may be exercised by simple written request or by email, with acknowledgement of receipt, sent to the seller.

ARTICLE 10: INTELLECTUAL PROPERTY

All the elements on the ARTESSENTIEL.COM site are and remain its intellectual property and are exclusive to the seller. Nobody is authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, elements of the site, whether they be software, visual or audio elements.

10.1 – Rights on the artwork

The artist, having taken the initiative of his creation, remains the copyright owner of his/her creation, as defined by French law. The representation and reproduction rights of the works featured on the ARTESSENTIEL.COM site belong to their authors and to ARTESSENTIEL. Their joint authorization is necessary for any exploitation of these rights. The purchaser’s rights on the artwork(s) he/she bought are thus limited to a right of private use, excluding any right of representation or reproduction.

10.2 – Intellectual property rights

All the items of the website and the site itself are protected by author's rights, trademark law, laws governing graphic representation and models, and other intellectual property laws. “Items” are, non-exhaustively: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs… These items belong to the company ARTESSENTIEL.COM or are used with the permission of their owners. Therefore, any reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of ARTESSENTIEL.COM, except the exceptions
endorsed in the article L 122.5 of the French Intellectual Property [Code de Propriété Intellectuelle] under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by french law.


ARTICLE 11 – GUARANTEE OF THE WORK(S)

The seller declares the exactness of the information concerning the description of the work(s) or the object of the present. A guarantee or an additional expertise can be asked but it will be at the expenses of the purchaser if that is lacking during the sale of the work.


ARTICLE 13 - APPLICABLE LAW

The special and general terms of sale shall be interpreted in accordance with French law. If one of the terms or conditions of this agreement is declared void, it shall not affect the validity of the general terms of sale as a whole. The purchaser and the seller give competence to the courts of French justice to rule on all the disputes related to the conclusion or the termination of the present contract.