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   General terms of sale   
 
1-       Preamble
1a- The terms and conditions of sale presented hereby govern the relations between Artéquité (Ltd. Co. with capital of 10,000 €, registered under R.C.S. Paris 499 081 131, with registered address at 19 Avenue d’Italie, 75013 Paris, FRANCE) and its customers, whereby both parties accept these terms and conditions of sale defined as below.
 
1b- These terms and conditions of sale notably specify the conditions of order, payment, delivery and the management of possible returns of articles ordered by the customer.
 
1c- The customers may at any time refer to these terms and conditions of sale. Thus all the orders placed by customers imply the definitive and irrevocable agreement with the terms and conditions of sale presented hereafter.
 
1d- Artéquité reserve the right to modify the existing terms and conditions at any time and without notice. The new terms and conditions will then be applicable to all the orders posterior to the modifications.
 
2-       Products
The goods for sale by Artéquité are those presented on their web site (www.artequite.fr) or in their catalogues, subject to stock availability. In case a product is not available, the people at Artéquité commit themselves to inform the customer as soon as possible.

In case a product ordered and already paid for is unavailable in stock for more than 30 days, the customer will be informed by e-mail. The order of this product will be cancelled and its refund will be made, the rest of the order will be considered as definite.
 
The pictures of the goods and the texts that go with them are not contractual. Should any error occur, Artéquité will not, in any case, be held responsible and those errors will not be binding on Artéquité.
 
3-       Prices
3a- The sale prices are indicated in Euros and VAT is included. The prices take into account the VAT rate applied in France on the date of the order.
 
3b- Artéquité reserve the right to modify these prices at anytime and without notice. The billing will be effective at the time of the order, subject to the availability of the mentioned products.
 
3c- The possible delivery and insurance costs are at the customer’s expense. These services are charged extra and are not included in the sale prices of the goods.
 
3d- The customer will always be informed about the shipping & handling charges at the time of the order. The billing will take into account the total amount of the order covering the price (VAT included) of the ordered article plus shipping & handling costs. Thus the customer’s payment confirmation of the order implies the agreement to pay for the charges pertaining to shipping & handling. Shipping & handling charges cannot constitute a valid reason for canceling the order after the customer has sent a confirmation notice.
 
Should one or more taxes or contributions, especially environmental, be adopted or modified -whether it may mean an increase or a decrease- this change will possibly be reflected on the existing articles presented on all sales documents: Artéquité  price list, web site (www.artequite.fr) and catalogues.
 
4-       Stock Availability
Artéquité will do their utmost to handle all the orders subject to stock availability.
 
If a product has become unavailable in stock after the confirmation of the order, the customer will be informed by e-mail of partial delivery or cancellation of the order. A substitution of the unavailable product can be proposed to the customer by e-mail. The customer has 48 hours (with the exception of weekends and public holidays) to contact our Client Services at artequite@artequite.com and ask for the cancellation of the order or an expedition with specific requests (partial delivery or delivery of a substitute product). After 48 hours (of workdays), if the customer has not contacted our Client Services, the package will leave our warehouse for a partial delivery. If the customer’s account has already been credited by Artéquité before the unavailability notice is sent, an e-mail proposing a refund or a substitute product is sent to the customer. A refund takes 30 days depending on the customer’s bank account.
 
5-       Order & Payment
 
Online Order:
 
1 - Add your selected item to the shopping cart
2 - Click on [Order] button
3 - If you already have a customer account enter: Your e-mail and your password
     If you do not have a customer account: Create your account
4 - After viewing the order form, click on [Pay online] button
5 - Choose your card type (CB, Visa, MasterCard, and American Express)
6 - Type your card number and confirm
7 –The invoice will be sent to you by e-mail
8 - You can access your order and invoice information from [Customer Account] link
 
Mail Order: 
 
1 - Add your selected items to the shopping cart
2 - Click on [Order] button
3 - If you already have a customer account enter: Your e-mail and your password
     If you don't have a customer account: Create your account
4 - After viewing the order form, click on [Print order] button
5 - Fill in the order form and send it to our address along with your payment
 
 
Catalogue Order:
 
E-mail your order form, filled in, dated and signed, to artequite@artequite.com.
               
Confirmation of availability :
We send you a quote in Euros, valid for one (1) week. Artéquité accept the catalogue orders received by e-mail, only within the limit of stock availability.
 
Order Registration :
Once we receive the order form dated and signed along with the payment (cheque, money order confirmation, credit card information, etc.) by mail (Artéquité S.A.R.L 19 Avenue d'Italie 75013 Paris / France) we register your order and send you an acknowledgement receipt.
 
Payment :
The payment must be sent along with the order. Your payment should be issued in Euros, by means of a bank account located in France.  You can make your payment by:
-cheque
-international credit card: debit card (CB), Visa, Mastercard, American Express
-money order
-banker’s order
 
The customer’s bank account will be debited with the order. The order will be considered effective once the bank have sent their agreement. If the bank refuse the payment the order will automatically be cancelled.
 
No cancellation of order will be accepted without prior agreement of Artéquité.
 
Artéquité advise customers to print a copy of the order form until they receive (by e-mail) the receipt of the order confirmation.
 
6-       Shipping & Handling
The products are sent along with the invoice to the address mentioned by the customer on the order form. Taxes are included in shipping and handling costs. The customer may specify another delivery address, different from the billing address. In this case, the invoice will be sent separately to the customer’s address.
 
The purchased items from Artéquité can be delivered to Metropolitan France (for other destinations please contact our Client Services).
 
The delivery will be processed and sent to the address mentioned by the customer once the order is confirmed. The order will be sent by La Poste or by another delivery service unless otherwise informed by the customer. The delivery will only take place once the order has been confirmed and the payment made. Should the bank refuse the payment, the order will automatically be cancelled and the customer will be informed by e-mail. 
 
If the customer is absent at the time of the delivery, a delivery notice will be left in the customer’s mailbox. This notice will enable the customer to claim the package from the post office (within 15 days following the date of the delivery notice) or the carrier’s office (a delivery notice will likewise be left for the customer to contact their office to find a suitable delivery date).
 
In order to optimize the delivery we would be obliged if the customer could provide an address available during working hours.
 
The delivery will be considered as definitively made on the date of the first attempt of delivery to the address mentioned by the customer. The goods will be handed over in exchange of the customer’s signature of the delivery order.
 
It is the customer’s responsibility to check the conformity of the delivered goods at the moment of the delivery before signing the delivery order.
 
Any problem regarding the delivery (damage, missing item(s), damaged package, broken item(s)…) must absolutely be indicated on the delivery order form together with the customer’s signature. The carbon copy of this document must be kept by the customer. The customer will also confirm this problem by sending the delivery services a registered letter with acknowledgement receipt explaining the mentioned complaints within two (2) working days following the delivery date.
 
The customer will forward a copy of this letter by fax or by mail to Artéquité.
 
The possible delays do not give the customer right to claim any damage and / or interest.
The cases considered as force majeure that exonerates the seller from performing his duty of delivery are wars, riots, fires, strikes, accidents, the impossibility to get supplies or any other unpredictable cause.
 
The goods are always carried at the recipient's risk. Please, always check the package as soon as you get it. In case of damage or missing item(s) you have 48 hours to send a letter informing the delivery service of the problem you have identified at the time of the delivery. Due to the unavailability of one of the products, an order can be delivered to the customer at different times. The customer will then pay for the delivery cost only once. If the customer would like the goods to be delivered to 2 different places, then he/she places 2 orders with two shipping and handling charges.

A fix shipping and handling charge of 9, 00 € (VAT included) will be invoiced (except specific commercial operations).
 
7-       Delivery Time
The delivery time mentioned in the sale documents is given as a rough guide. It is to be calculated starting from the day following the order’s confirmation by the customer.  It corresponds to the period necessary for the shipping and handling of the products and it cannot in any case be counted as a cause for the cancellation of an order. Should a predictable delay occur, Artequité will inform the customer by e-mail. In case of apparent defects, the customer benefits the right to return the goods under the conditions mentioned in this document.

Artéquité accept no responsibility in the event of excessive delays due to the postal or delivery services as well as in the case of any loss of the products or in the event of postal strikes.
 
The delivery time is indicated on the quote. They differ according to the means of transportation that the customer wishes to use.
 
We advise postal services for the products below 30kg.
 
 
8-       Lost Package
In case of a Colissimo Tracking shipment :
The customer can receive an e-mail giving her/him some details about the shipment: the list of the goods sent and the tracking number that will enable her/ him to be informed of the status of the shipment (www.coliposte.net).
 
If 5 workdays after the shipment, the customer has not received the package, (s)he must contact the post office closest to the delivery address. If neither the post office nor the postal tracking services (www.coliposte.net) have any information about the shipment then the customer should inform Artéquité.
 
Artéquité Client Services will then make an inquiry at La Poste. The customer will receive an e-mail informing her/him that an inquiry has been made. The wait for a definitive answer from La Poste varies from one to three weeks, with effect from the date the inquiry information e-mail is being sent to the customer.
 
-    If the package is found, then it is sent to the customer: the delivery procedure follows as usual (deposit of the package or a delivery notice, etc.).
-    If the package is declared lost (the definitive answer is most commonly given after three weeks), Artéquité give the customer notice regarding the refund of the package (product and shipping & handling charges).
 
In case of shipment by other delivery services :
If the customer is absent at the time of the delivery, a delivery notice with the phone number and/or address of the delivery service will be left in the customer’s mailbox. The customer will contact the delivery company to find a suitable delivery date. If the people from the delivery company cannot get to the customer’s door and cannot leave the delivery notice (unknown address, unreported door code), they will contact Artéquité. We will then get the missing information from the customer. If no extra information is available then the package is returned to Artéquité and the customer is reimbursed excluding the shipping and handling costs.
 
9-       Billing
A detailed invoice will be sent to you along with the package. If the delivery address is different from the billing address, the invoice will be sent separately to the customer’s billing address.
 
10-     Complaints – Access and rectification rights
All the Artéquité products benefit the «satisfaction or full refund» clause within 7 days starting from the delivery date in accordance with the French Consumer Law, article L 121-20.
 
In order to facilitate the reimbursement, all returns should be authorized beforehand by Artéquité with an assigned return number. The customer will inform Artéquité at artequite@artequite.com
 
The customer can use his right of revocation in accordance with the French Consumer Law, article L 121-20 within 7 days starting from the receipt of the products. The client has a right to return the product to Artéquité, but the return shipping charges remain at the customer’s expense. The reimbursement will be made by cheque or by transfer payment within 30 days starting from the date of receipt of the products by Artéquité, in accordance with the rectification rights. This right of rectification can never be applied if it is obvious that the delivered goods have been used extensively (above a couple of minutes).
 
This return shipment must be accompanied by a copy of the invoice.
 
For all questions and information the customer can get in touch with Artéquité Client Services using the contact form.
 
In case you need an exchange or wish to be reimbursed, return the products in their original packaging, untouched, accompanied by all possible accessories, documents and the user’s manual and send them to the following address: Artéquité S.A.R.L 19 Avenue d'Italie 75013 Paris / France. The original invoice should be sent along, a copy being kept by the customer. Any product broken, damaged or soiled or whose original packaging has been damaged will not be exchanged or reimbursed. Especially a product whose packaging has been damaged during the return will not be accepted. Likewise, the packages that are handed back to the delivery company with no identification (order number, e-mail, last name, name, address) will not be taken back.
 
The revocation law can also be applied before the shipping and handling of the order. In this case, the order is simply cancelled and we inform our bank accordingly.
 
The charges (and risks) linked to the return of the product(s) remain at the customer’s expense. An exact reimbursement equivalent to the purchasing price of the product(s) takes place in return of the products. The shipping and handling costs are not reimbursed.
 
11-    Warranty
Artéquité guarantee that all their products are handmade.
 
In case of nonconformity of the products to the given information in the presentation of the products, they will be exchanged or reimbursed depending on the availability of similar products and according to the customer’s choice.
 
Artéquité must be informed by e-mail within 48 hours. The products must be returned within 7 days, the date shown on the delivery notice stands as the delivery date. Defects and damages provoked by external causes, accidents, especially accidents due to the use of the product (s) are sufficient causes for exclusion of any given warranty.
 
Products that have been modified, repaired or integrated to something else by the customer or anyone not authorized by Artéquité are also sufficient causes for exclusion of any given warranty. The warranties do not apply for apparent defects or conformity defects of the product, for which a claim must be made by the client within 7 days following the delivery of this product. The warranty will not be applied for misused products or the ones damaged during the transportation.
 
The clauses of this article will not be an obstacle to the legal warranty for hidden defects as it is defined in article 1641 and the following of the French Civil Code, when the product is sold to a consumer or a non-professional.
 
In case of responsibility and according to the existing guarantee, the maximum amount cannot exceed the sale price of the original product.
 
Any return must be authorized beforehand by Artéquité. The customer must send his/her claim to artequite@artequite.com or by mail to the following address: Artéquité, 19 Avenue d’Italie, 75013 Paris. After the acceptation by Artéquité, a return number will be assigned to the customer. This number has to be mentioned in the returned package.
 
Pictures:
The pictures are not contractual. They intend to give you the closest and the most realistic image of the product.
 
Legal warranty :
The products are under guarantee against the possible hidden defects and conformity defects under the conditions mentioned in the French Civil Code clauses and the Consumer Law.
 
Extracts of Civil Code:
Art. 1641 :The seller is bound with the warranty against any hidden defects of the item he/she sells that hinder the proper use of the product, or that so much diminish its use that the customer would not have bought it or would have offered a lower price if these hidden defects had been known.
Art. 1648: The action arising from latent defects must be taken by the buyer within two years from the day the defect is discovered.
 
12-    Intellectual Property
The content of the Artéquité web site www.artequite.fr including texts, graphics, sound files, video files and any other information, materials as well as their arrangement on this web site are protected by copyrights or intellectual property rights. The copyrights or intellectual property rights are the property of Artéquité. All of the contents of this web site are subject to the provisions of French and international copyright and intellectual property law. All of the reproduction rights are reserved and strictly limited, including the downloadable documents and the icons. The reproduction of all or part of this web site on to any type of electronic medium is prohibited, except with written authorization of Artéquité S.A.R.L. Nevertheless, the printing of all or part of this web site onto paper is authorized, particularly for educational purposes, subject to compliance with the conditions as follows:
- Such reproduction can only be used for noncommercial purposes,
- the text must be reproduced exactly as it appears on the web site and must not be modified or altered,
- a clear and legible copyright acknowledgement of the source must be noted as in the following example: “The content of this document was sourced from Artéquité S.A.R.L’s web site: ‘www.artequite.fr’ - Copyright © 2008 - Artéquité.
 
13-    The Reserve of Property and Responsibility
The goods remain the property of Artéquité until their complete payment is made by the customer. The transfer of ownership of the articles takes place when the customer completes the payment for the total price of the product. During the period between shipment and transfer of ownership, the risk of loss or theft belongs to the customer.
 
If for any reason, the customer does not comply with the obligations of his/her payment, Artéquité will have the right to demand the immediate return of the delivered goods. The payment for the return shipment and the risks linked to the shipping is the customer’s responsibility. Any necessary repair will be paid by the customer.
 
14-    Integrality
If a change of legislation, of regulations or a juridical decision cancelled one of the clauses of the current agreement, it would in no case affect the validity and the respect of the general current conditions of sale.
 
15-    Duration
The current conditions of sale are valid for the duration of the Artéquité services as they are offered on line.
 
16-    Preservation of transactions
Preservation of order forms and invoices are carried out on reliable means and in a permanent way that allow a durable and exact copy of the originals in accordance with article 1348 of the French Civil Code.
 
17-    Responsibility – Litigation – Applied Law
The pictures and the text illustrating the products are not contractual. As a consequence, Artéquité will not be held responsible for any error in a picture or in a text.
 
The current contract is subject to French law. Artéquité cannot be held responsible for any damage -tangible, intangible or physical- that could be caused by malfunctioning or misuse of the commercialized products. The same condition is valid for the possible modifications made by producers. In any case, the responsibility of Artéquité is limited to the amount of the product and will not be held responsible for mere errors or omissions that could remain in spite of all the precautions taken in the presentation of the products. In case of difficulty and in application of the current contract, the customers have the opportunity, before taking any legal action to find an out-of-court settlement notably with the help of a professional organization, a consumer group or any other legal adviser they may choose. Please bear in mind that trying to get an out-of-court settlement does not interrupt the ‘short period’ of the legal warranty or the duration of the contractual warranty. It is to be noted that, as a general rule -subject to Court evaluations- the respect of the clauses of the current contract related to the contractual warranty implies that the customer fulfills his/her his financial obligations towards the seller.
The complaints and disputes will always be handled with much attention and care as it is assumed that someone who takes the time to explain a situation acts in good faith.
 
In case of litigation, the customer will first contact Artéquité to find an out-of-court settlement.
 
Failing that, the Paris courts are the only competent courts, wherever the delivery places agreed upon may have been and whatever the means of payment.
 
Artéquité reserve the right to modify the terms and conditions of sale. The customers who are not willing to be bound contractually by the new contract will have to notify so and as of the date of the new terms and conditions of sale, they will have to suspend their commercial links with Artéquité.
Supposing a court ruling considers a term of the sale conditions as illegal or irrevocable, the rest of the clauses will remain valid.
 
18-    Product information
The Artéquité web site and catalogue present the articles for sale with the characteristics necessary to respect article L 111-1 of the French Consumer Code, which allows the potential customer the right to learn about the essential characteristics of the articles that he/she would like to buy before he/she puts in an order.
 
The documents related to the products on the Artéquité web site or catalogue (descriptions, technical data sheets, pictures, etc.) are indicative and do not bind Artéquité regarding the reality of the product, and cannot be called into question to invalidate an order or sale.

The articles and prices on the web site, in the catalogue and other documents edited by Artéquité are valid subject to the availability of the stocks and they do not give any right of compensation in case of stock shortage or cancellation.
 
19-    Force majeure
Artéquité will not be held responsible for the nonfulfilment -partial or total- of their mentioned duties if this nonfulfilment is caused by an event of force majeure, especially in case of disturbances, partial or total strikes especially in postal services, delivery services and means of transportation and/or communication, flood or fire.
 
Are considered cases of force majeure the events that meet the criteria fixed by the jurisprudence of the French Court of Appeal.
 
In the case of events of force majeure, Artéquité will notify the customer within 5 (five) workdays following the event or the threat of such an event.

The buyer and the seller agree that they must get in touch as soon as possible to fix the best procedure to carry out the order during the period of an event of force majeure.

If the interruption due to the event of force majeure goes beyond one month (1), Artéquité will not be bound to handle the order. It will then be Artéquité’s responsibility to reimburse the customer, should this happen.
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