01. Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to the sale of products (hereinafter “the Product(s)”) marketed on the artemus-editions. com (hereinafter “the Site”), between PEARLINK INTERNATIONAL (hereinafter “the Supplier”), a limited liability company with capital of 90,000 euros, whose registered office is at 295, Chemin de Grange Rouge in LA BEGUDE DE MAZENC (26160), registered in the ROMANS Trade and Companies Register under number 399 510 684 – VAT No.: FR 64399510684. Any natural person of legal age, who is not a merchant, has the legal capacity to enter into a contract and is domiciled exclusively in the countries delivered by Artémus éditions (hereinafter referred to as “the Customer”) and who purchases a product or products (hereinafter referred to as “Product(s)” or “Products”) on the Site. The Customer declares that he or she is at least 18 years of age, has legal capacity or is in possession of parental authorisation allowing him or her to freely place orders on the Site. These general terms and conditions (hereinafter the “General Terms and Conditions of Sale”) govern, without restriction, the sale of Product(s) on the Site. The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer. Any order placed on the Site implies the Customer’s full and complete acceptance of the General Terms and Conditions of Sale in force at the time the order is placed. Where applicable, they shall prevail over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Customer. For the purposes hereof, it is agreed that the Customer and the Supplier will be collectively referred to as the “Parties” and individually referred to as the “Party”.
02. Subject
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by the Supplier. The Products presented on the Site are offered for sale worldwide.
03. Products
The Products offered for sale are those shown on the Site on the day of consultation by the Customer. Each Product is the subject of a description sheet which contains: the price, photograph, sizes, composition, as well as the particular characteristics of the Product. The Products are designed for private individuals. They are suitable for indoor use only unless otherwise stated. The photographs, texts and videos of the Product(s) presented on the Site are not contractual and artemus-editions.com may not be held liable in the event that the article does not correspond to the information provided on the Site. The Products are valid as long as they are visible on the Site, within the limit of available stocks. In the event of the Product(s) being unavailable after an order has been placed, the Supplier will inform the Customer by e-mail. The Customer will have the choice of waiting for the Product(s) to become available again or the order will be automatically cancelled and the price refunded.
04. Sale prices
The sale prices of the Products offered on the Site are indicated in euros, all taxes included, excluding delivery costs (French VAT in France and in the European Union). The amount of VAT is that in force on the day the order is validated and any change in the rate will automatically be reflected in the price of the Products. In the case of sales outside the European Union, the sale prices are exclusive of VAT; the Customer may be subject to import duties and taxes, which are levied when the Product(s) arrive(s) at their destination. Any additional customs clearance charges will be borne by the Customer; the Supplier has no control over such charges. Customs policies vary widely from country to country, so the Customer should contact the local customs office for further information. The Supplier reserves the right to change prices at any time but undertakes to apply the prices indicated on the Site at the time of the Customer’s order. The prices shown on the order once it has been validated and recorded are firm and final. The prices do not take into account the cost of delivery of the Product(s) to the Customer’s address, which will be indicated and invoiced additionally when the order is validated. Delivery costs are communicated to the Customer on the order summary before the order is validated and are inclusive of all taxes. These costs are payable by the Customer and are invoiced in addition to the sale price of the Products.
05. Ordering and paying for Products
05.01. Placing an order
The Customer places his/her order in 5 stages
Step 1: The Customer selects the Product(s) and adds them to their basket.
Step 2: the Customer checks the contents of their basket by clicking on “view basket” in order to access the summary of their order. The Customer may then modify their order (Product, quantity). For certain destinations, the Customer will be asked to proceed with the order and, at the same time, to contact the Supplier’s customer service department to define the delivery costs (by telephone on +33 (0)4 74 07 97 91 +33 (0)9 70 66 19 34 or by email: contact@artemus-editions.com).
Step 3: The Customer enters their contact details and the delivery and billing address. The fields marked with an asterisk (*) are compulsory; it should be noted that unless the Customer indicates otherwise, the billing address will automatically be the same as the delivery address. The total amount of the order including VAT, distinguishing between the price due for the Product(s) on the one hand, and the delivery costs on the other, if these have been calculated, is then indicated in the summary.
Step 4: The Customer then checks all the information and clicks on “order” to proceed with the order. By this action, and as indicated next to the “order” link, the Customer acknowledges having read and accepted these general terms and conditions of sale and use of the artemus-editions.com website. Any order validated by the Customer implies definitive acceptance of these General Terms and Conditions of Sale with no possibility of recourse, except in the event of stock shortage or application of the right of withdrawal.
Step 5: Entering bank details. The Customer will then access the Site’s secure payment screen. Payment is made online by credit card via the “Paybox by Verifone” service. If payment is accepted, the Customer will be redirected to an order confirmation page on the Site. If payment is not accepted, the Customer will be redirected to a screen on the Site indicating that payment has been refused. The Customer will then be invited to contact the Supplier’s customer service department (by telephone on +33 (0)9 70 66 19 34 or by email: contact@artemus-editions.com) to find out the reasons for this and to try to find, together, a solution enabling the order to be finalised.
05.02. Order confirmation
As soon as payment has been accepted, the Customer will receive an e-mail confirming his/her order, which will summarise all the items ordered, the billing and delivery address, and the dispatch and delivery times. The delivery period will be, at the latest, the period stipulated in article L 216-1 of the French Consumer Code. Validation of the order by the Customer and confirmation of the order sent to the Customer by e-mail by the Supplier, followed by acceptance of payment, shall constitute conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale. The Supplier reserves the right not to validate the order in the event of :abnormal or abusive complaintsabnormal orders in relation to the quantities ordered,abnormal or abusive exchanges and returns,existing dispute(s) with the Customer.The Site’s customer service is available to the Customer for any questions relating to his/her order. Customer service is available by telephone on +33 (0)4 74 07 97 91 or by email: contact@artemus-editions.com from Monday to Friday, 10am to 12pm and 2pm to 5pm.
05.03. Payment
The price of the Product(s) purchased is payable in cash, in full, on the day the order is placed by the Customer. In the event of non-payment, an incorrect address or any other problem with the Customer’s account, the Supplier reserves the right to block the Customer’s order until the problem has been resolved. Transactions carried out on the Site are secured by the Paybox by Verifone” service. The Supplier does not store the Customer’s bank details.
05.04. Order archiving
Order confirmations are recorded on the Supplier’s registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation shall be considered as proof of the contractual relationship between the Parties.
06. Delivery
Delivery means handing over the Product(s) at the foot of the building at the address indicated on the order by the Customer. The transfer of the risks of loss and deterioration of the Products will take place on delivery. The Supplier will dispatch orders accompanied by a delivery note within the time period stated in the order confirmation. The Supplier undertakes to use its best endeavours to dispatch the Products ordered by the Customer within the timescale announced. In the event of a delay in shipment, an e-mail will be sent to the Customer to inform them of any consequences for the delivery time. artemus-editions.com shall not be held liable in the event of late delivery or stock shortage. artemus-editions.com may not be held liable in the event of late or incorrect delivery due to incorrect address information entered by the Customer when placing the order. Any re-shipment of the order will be invoiced and paid for by the Customer. artemus-editions.com shall not be held liable for any delay in delivery due to disruptions attributable to transport companies. In any event, in accordance with legal provisions, in the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 216-2 of the French Consumer Code. If the Customer has already received the Product(s), after cancellation, the Supplier will reimburse the Product(s) and the “outward” costs in accordance with Article L 216-3 of the French Consumer Code.
07. Receipt of the order
The risks associated with transport are borne by the Supplier, provided that the Customer has checked the Products on receipt in the presence of the carrier and has indicated any reservations in writing on the transport note. Unless otherwise agreed, the Supplier is free to choose the carrier. The Customer is obliged to check the conformity of the Product(s) received in fulfilment of his/her order at the time of delivery. Any anomaly concerning the delivery such as: damaged packages, missing products, deteriorated products, must be notified within the legal time limits (within 3 days from the date of receipt) to the carrier. No complaint may be made to the carrier if the Customer has not expressed any reservations. The Customer must refuse delivery if the goods are damaged or missing, or if the parcel has been opened or repackaged (except when passing through customs). In the event of any anomaly, the Customer must inform the Supplier on the same day or at the latest one working day after receipt of the order by e-mail to contact@artemus-editions.com. After a period of 3 days from delivery, and except in the case of hidden defects, no complaint will be accepted, the Products then being deemed to be in conformity, i.e. in good condition and delivered in their entirety. In the event of a package being lost in transit, the time taken to investigate may vary depending on the carrier and may take from one to four weeks.
08. Returns
No returns will be accepted without the Supplier’s prior authorisation. To obtain this authorisation, the return request must be sent exclusively to contact@artemus-editions.com. The following information is generally requested: precise contact details, description of the item or items concerned, reasons for the return, invoice or delivery note number corresponding to the parts described. After acceptance, the Supplier will send the Customer a returns slip with a number. The returns form must be printed and inserted inside the parcel and the number allocated must be clearly visible on the parcel so that it can be easily identified when it is received by artemus-editions.com. Products must also be returned with a copy of the invoice. The risks and costs of return are borne exclusively by the Customer.
09. Guarantees
The Products sold on the Site comply with current French legislation and have performance levels compatible with non-professional use. The Supplier may not be held liable in the event of failure to comply with the legislation of the country to which the Product is delivered. It is the Customer’s responsibility to check with the local authorities regarding the possibility of importing or using the Products before placing any order. The Customer must inform the Supplier, in writing, at the address contact@artemus-editions.com, of the non-conformity of the Products within a maximum period of thirty (30) days from the delivery of the Products or of the existence of hidden defects within the periods specified below.In accordance with the provisions of the legal warranties of conformity and latent defects, in either of these cases, once the non-conformity or latent defect has been established, the Supplier will offer the Customer either :
– replace the Product(s),
– reimbursement of the price of the order (price of the Product(s) and delivery costs) as well as the cost of returning the non-compliant Product(s), with the exception of any taxes and customs duties paid by the Customer at the time of delivery, which will remain payable by the Customer. The sums will be reimbursed at the latest within thirty (30) days from the date of dispatch of the notification of confirmation of the non-conformity by the customer service department.
It should be noted that under the legal guarantee of conformity, the Customer :
– has a period of two years from the date of delivery of the goods in which to take action against the seller;
– may choose between repairing or replacing the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
– is exempt from having to prove the existence of a lack of conformity in the goods for a period of six months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
It should be noted that the Customer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and that in this event, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.The Supplier may not be held liable in the following cases :
– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check ;
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.The Supplier’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
10. Right of withdrawal
The Customer has a period of fifteen (15) working days from the date of receipt of his/her order to return the Product(s) ordered, without justification or penalty. In accordance with article L121-20-2 of the French Consumer Code, any order for products made to measure and at the request of the Customer may not be cancelled by the Supplier. For any product to be exchanged or refunded, the Customer must follow the returns procedure (article 8). The Product(s) must be returned to the address indicated on the returns form within 2 working days of receipt of the acceptance of the return by artemus-editions.com, as evidenced by the postmark. For all returns within the framework of the right of withdrawal, the procedure below must be followed in full: the Customer must enclose the returns form sent to him by the Supplier with his parcel. Products must be returned in their original packaging, with their label and any accessories, in perfect condition.The risks and costs of return are the sole responsibility of the Customer. Subject to the aforementioned conditions, the Supplier will reimburse the Customer the amount of the order including VAT, excluding delivery and return costs. The Customer’s bank account will be credited with the said amount within thirty (30) days of receipt of the Products by the Supplier.
11. Personal data
The Supplier collects a certain amount of information required to process Orders. Customer information and personal data are necessary for the management of Orders and relations with Customers. The information is strictly confidential and is marked with an asterisk (*) when it is necessary for the Supplier to manage the Customer’s order. Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, the Supplier may communicate this data to the legally authorised bodies and authorities. The Supplier undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer’s personal information from being distorted, damaged or accessed by unauthorised third parties. The Customer’s personal information is stored at Infomaniak Network SA, registered in the Commercial Register of the Canton of Geneva under N°CH-660.0.059.996-1, IDE number: CHE-103.167.648, VAT number: CHE-103.167.648 having its registered office Rue Eugène Marziano 25, 1227 Les Acacias (GE), Switzerland.
In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004 and the RGPD of 25 May 2018, the Customer has the right to access, rectify, modify and delete data concerning him or her. The Customer may exercise this right by sending a letter to the following address, specifying his/her surname, first name, email address and postal address: SARL PEARLINK INTERNATIONAL, 590 Boulevard Albert Camus, 69400 Villefranche-sur-Saône, France, by email to contact@artemus-editions.com.
12. Limitation of liability
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all the risks associated with the use of the Internet network. The Supplier may not be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, access to the Internet, maintenance or malfunction of the servers, telephone line or any other technical connection, as the Customer’s connection to the Site is made under his/her sole responsibility.
13. Intellectual property rights
The content of the Site is the property of the Supplier and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.In addition, the Supplier remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the Customer’s request). The Customer shall therefore refrain from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the Supplier’s express, written and prior authorisation, which may be subject to a financial consideration.
14. Force majeure
The Supplier shall not be held liable for the total or partial non-performance of its obligations under the order placed by the Customer, if such non-performance is caused by an event constituting force majeure as defined by positive law. In such a case, the Supplier will inform the Customer of the occurrence of such an event within 3 (three) clear days of its occurrence, by e-mail. After a period of 1 (one) month, and in the event that the event constituting force majeure persists, the order will be cancelled and, where applicable, reimbursed directly to the bank card used to place the order, within a maximum period of 30 (thirty) days.
15. Cookies
Order to process the Customer’s order, the Site uses cookies. A cookie is a computer file stored on the hard disk of the Customer’s computer, the purpose of which is to indicate that the Customer has visited the Site. Cookies store the time the Customer spends on the Site, their identity and the contents of their basket. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted. Customers may prevent cookies from being stored by configuring their Internet browser. In this case, they will not be able to customise the service offered on the Site.
16. Independence of clauses
Should any of the terms of these General Terms and Conditions of Sale be declared null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.
17. Applicable law – Disputes – Claims – Mediation
The General Terms and Conditions of Sale are executed and interpreted in accordance with French law. In the event of a dispute, the Customer shall first contact the Supplier by sending an e-mail to contact@artemus-editions.com and shall try, in good faith, to find an amicable solution. In accordance with the rules applicable to mediation, any consumer dispute must be referred in advance in writing to the Supplier (SARL PEARLINK INTERNATIONAL, 590 Boulevard Albert Camus, 69400 Villefranche-sur-Saône, France). Any unsuccessful consumer dispute may be referred to the Mediator appointed by the Supplier. Finally, in the absence of amicable resolution of their dispute, the Courts of common law will have sole jurisdiction.
18. Customs duties
Any product ordered on the Site and exported outside mainland France by the Customer may give rise to customs duties and taxes to be paid in accordance with the legislation in force in the country concerned. Import taxes must be paid by the Customer and under no circumstances may the Supplier be held liable. The Supplier is not obliged to inform the Customer of the customs duties and taxes applicable and advises the Customer to obtain information from the authorities of the country concerned.