1 - Purpose
ARTENOBILIA is a retail website destined to propose for immediate purchase or commissioned orders a selection of original pieces, mainly made by 'artisans d’art', 'Entreprises du Patrimoine Vivant' (= 'Living Heritage Companies'), design creators and young talents from schools of Art.
With this site, ARTENOBILIA aims at promoting the expertise inherent to French mastercrafts in their diversity, and therefore highlight the extraordinary creative vitality of its various artisans.
ARTENOBILIA selects creative workshops, all emblematic of contemporary 'savoir faire' and creation. Each creative workshop is presented on the site in order for the purchaser to have a better oulook on the creative designers' artistic universe.
The pieces of furniture, decoration or 'objets d’art' which are qualified as « œuvres originales » on the ARTENOBILIA site are unique pieces or made in small limited editions, scrupuloulsy made according to the 'savoir-faire' inherent to each mastercraft and in noble materials.
2 – General
The www.artenobilia.com site is edited and exploited by the ARTENOBILIS SAS company with a share capital of 20,000 €, registered at the RCS in Lille under number RCS 851 800 037 and the head office of which is located at no. 13, rue du Général Gouraud. 59700 MARCQ EN BAROEUL.
The present sales conditions (as designated by the GCTS) regulate the relations between the www.artenobilia.com site, the seller, i.e. the company and the end user, non professional, i.e. the purchaser, wishing to place one or several orders on the site. Product sales to professional customers are submitted to specific conditions.
The present general sales conditions (GCTS) are to be applied as a whole on the use of the ARTENOBILIA site and in particular to any order of a creation called « Product ». The applicable sales conditions are those current when the order is confirmed. They will be liable to updates and modifications following the site's evolution.
To all visitors and users, ARTENOBILIA recommends to read with care the general sales conditions before placing an order. ARTENOBILIA Customer Service commits to providing an answer to questions and enquiries at the following address : firstname.lastname@example.org
3 – Creations, i.e. The « products »
The products presented on the site are mainly unique or made to order. As all of the products are one-off commissioned pieces, made by hand, in various materials, they might present variations in tints or textures, according to product. These variations are inherent to the craftwork procedure of the creators presented on the ARTENOBILIA site. They cannot consequently be regarded as flaws in the products nor engage the responibility of ARTENOBILIA. Therefore, for any specific order, ARTENOBILIA urges the final user to get in touch with the ARTENOBILIA customer service in order for questions to find answers so as to achieve the project as best as possible.
It is also to be noted that because the products are craftwork, photos are non-contractual. They are presented online for illustration purposes only and cannot be considered as describing exactly the product offer.
The original product or the limited edition is subject to verification by ARTENOBILIA. Nevertheless, the company's responsibility will not be charged by the Client in case the creator decides to proceed to a new edition of the work sold after the Client's purchase. It is therefore to be checked out by the purchaser with the creator beforehand.
4 – Order details
The customer must get acquainted with the general terms of sale of the ARTENOBILIA site beforehand.
4.1 - Creation of a customer account
To become a customer, the user of ARTENOBILIA must create a customer account and provide the neccessary information. Any incomplete inscription cannot be validated. It will be possible to modify the information at the discretion of the user, when needed, so as to safeguard their accuracy.
The user will have to choose a username including a valid email and password. It is recalled that login details are strictly personal and confidential and under the client's sole repsonsibility.
Upon completion of the customer account creation process, the customer receives an email specifying that the account has been created.
In case the account undergoes fraudulent use, a breach of confidentiality and security of ID means, the user will have to inform ARTENOBILIA as soon as possible, justifying by all means their identity.
Each user consents in creating only one account corresponding to their customer profile.
4.2 – Order Process
It is recalled that the vocation of ARTENOBILIA is to offer original creations, mainly consisting in unique pieces or in small series, according to the creators' contract.
The creations are available either for immediate sale or on commission, according to the modalities of the descriptive file of each product.
The commissioned pieces are achieved after order and therefore have a manufacturing and shipping delay, varying according to the workshop and which is specified on each of the product files. This information is non-reliable and does not hold ARTENOBILA for responsible in any case.
The client may order one or several creations on immediate sale or as commissioned pieces at one or several of the ARTENOBILIA creators' workshops.
Customers can visualize and update their 'shopping cart' by modifying or deleting elements any time.
Fees are expressed in euros, all taxes included. Only the prices valid at the moment of order are applicable.
According to product, prices are indicated either with free shipping or without shipping fees. Each product file specifies these modalities.
In the case of export sales, taxes and custom charges are at the customer's expense.
The purchase of products can only be achieved via the ARTENOBILIA site.
Before validating an order, ARTENOBILIA advises the final user to check whether the outdoor and indoor accesses can allow the product to be received. No sale will be cancelled for that reason, nor upon the fact that the customer is absent on the fixed delivery date.
Following the order summary, the customer will have to take cognizance of the GTCS and accept them by ticking « I have read and accept the General Terms and Conditions of Sale ».
An online order confirmation will be sent to the purchaser by ARTENOBILIA along with an order reference number.
In case the product is not available, the customer will be immediately informed of the cancelling of the purchase and no charges will be made.
Data capture by the client, when processing the order, is his/her sole responsibility. In no case is ARTENOBILIA responsible for any possible mistake in the data capture, for example concerning delivery or billing addresses.
5 – Shipping fees
When the shipping fees are to be paid by the purchaser, the purchaser can use its own carrier and thus has to indicate it when ordering.
If delivery is organized by the ARTENOBILIA carriers, a quotation will be sent to the purchaser as soon as possible.
As the ARTENOBILIA products demand very special care concerning protection, encasing and logistics, the delivery may be costly. The purchaser will be allowed a 7 day period to validate the order basket. If the quotation is not accepted by the purchaser, the order will be automatically cancelled.
In case the piece is damaged during shipping, its will be the carrier's sole responsibility, entirely excluding ARTENOBILIA's responsibility.
6 - Payment
The products which are ordered remain the property of the ARTENOBILIA workshops until full and complete receipt of payment by ARTENOBILIA, in accordance with the GTCS. Payment acting as property transfer, the delivery of the piece is then at the recipient's risk.
Payment is achieved at order confirmation, by bank card (credit card, Mastercard, Visa), bank transfer or Paypal.
Payment by VISA and MASTERCARD
ARTENOBILIA uses the LCL Bank secure payment service as trusted third party. The information relative to the buyer's credit card benefit from the 3D SECURE protocol (international norm), with an authentification request when paying, so as to limit fraudulous use of a card number on the net without the owner knowing it. ARTENOBILIA has no access to the confidential bank data, the latter being encrypted and directly transmitted to the LCL Bank server. As soon as the online payment agency, chosen be the buyer, confirms the trade agreement with ARTENOBILIA, a payment confirmation is sent to the buyer and to Artenobilia. This confirmation is authoritative among parties. In case the paying agency refuses, the order is not finalized. The buyer and ARTENOBILIA receive a cancellation notification for the order.
Payment can be achieved in two or three installments, by credit card:
In order to facilitate purchasing, ARTENOBILIA proposes a 2 or 3 installment payment by credit card, for any order exceeding 1,500 euros.
Paiyment with PAYPAL : Paypal is an easy way to pay online. Paypal enables you to pay online without having to communicate your financial data during the transaction. You therefore have the possibility to make purchases just by giving your email address and your Paypal password. The payment is due at the order and in one operation. Any attempted fraud, whatever the amount and origin, will be liable to criminal prosecution.
Besides, ARTENOBILIA assumes the right to refuse or cancel any order in case of a customer's insolvency or under assumption of a default for payment of an order or commissioned work, or because of a litigation relative to the payment of a previous order.
The payment of the order is achieved in euros (€).
7 - Delivery
The creations available for sale on the ARTENOBILIA site can be delivered worldwide , unless there is an impossibility beyond ARTENOBILIA's control to deliver or if there are legal restrictions in the country where the delivery is to take place.
The creations are shipped from the workshops to the address indicated by the client, in the time limit indicated when ordering and under the condition that the price and possible shipping costs are paid.
If the client chooses to be delivered by its own carrier, it has a 15 day period for the removal of the piece at the workshop.
In no case whatsoever can ARTENOBILIA be held responsible for any deterioration of the product which would be due to a late removal by the carrier or a non-removal of the product.
Any delivery undergoing default or belated more than 8 days must be indicated by the client to ARTENOBILIA.
At delivery, no matter who the carrier is, the client must check the conformity and overall condition of the product in the presence of the carrier. In case there is a problem, the client must refuse the delivery and/or mention with precision their reserve and proceed to take pictures. The client must also immediately inform ARTENOBILIA by email at the following address: email@example.com
This information is to make ARTENOBILIA check the shipping conditions with the creator. ARTENOBILIA' responsibility cannot be charged with defaults in any respect whatsoever concerning shipping, as the responsibility has been passed onto the carrier for the execution of the service.
8 – Right of withdrawal
Corresponding to the stipulations of the article L.121-21 of the consumer code, the Client has a withdrawal right, running on a 14 clear day period, starting on the day of reception of the delivered goods.
In order for the customer to use the withdrawal right, ARTENOBILIA provides a withdrawal form to be sent back by email to the following address: firstname.lastname@example.org or by registered letter with acknowledgement of receipt to ARTENOBILIA. Service Clients, 13, rue du Général Gouraud. 59700 Marcq-en-Baroeul.
Product refund may only occur under these conditions:
- The product is returned in perfect condition and without having been submitted to any damage, to the address of the workshop, in its original packaging and along with all of the accessories, notices and delivery documents, and under the same conditions of the initial shipping (conditioning and protection).
- The product must not have been modified, nor deteriorated, nor having been submitted to manipulation which could call into question its remarketing as being 'new'.
The return shipping costs are at the customer's expense.
If the conditions for return mentioned above are not strictly respected, the workshop will be within its rights to refuse the return of the product. This refusal will be opposable to the Client who will thus impute no consequences to ARTENOBILIA, as the creator is the only one who can assess the return conditions.
If the conditions for return mentioned above are respected and if the creator does not object, ARTENOBILIA, on behalf of the workshop, will reimburse the corresponding amount to the client, via the initial means of payment, and in a 72 hour time limit, starting at the reception of the product.
All personal information will be solely destined to the Société ARTENOBILIS SAS, the head office of which is located at 3, rue du Général Gouraud. 59700 Marcq-en-baroeul (France). The Société ARTENOBILIS SAS is the sole recipient of the information gathered, the latter being kept on record during the company's activity. In accordance with Article 13 of the European Legislation relative to the treatment of personal data of April 27, 2016, you have the right to withdraw your consent any time, over the access to your personal data ; you also have a right to rectification in case your data are not exact or incomplete ; you also have a right to data portability.
You have the right to obtain data deletion, at earliest convenience, under the following conditions:
- if personal data is no longer necessary regarding finalities for which they were gathered or if they are to be processed differently.
- if it is the consequence of the use of your right to withdraw your consent and if there is no other judicial basis to the process.
- if it is the consequence of the use of your right of opposition and if there is no legitimate overriding reason to conserve it.
-if it is the consequence of an illicit use of your data. According to EU or French laws.
You likewise benefit from the right to obtain a limitation of its use, under the following conditions:
- If you assert that the information gathered are not exact and you allow our company to check the veracity of the data concerned.
- In case there is an illicit processing of the data and you are against their deletion and demand the limitation of their use instead.
- If our company no longer needs it to be processed but the data is necessary for the observation, the practice or the defence of legal claims.
- If you oppose to the process during verification of the fact that our legal claims prevail over yours.
Lastly, you may oppose to the processing of your data for reasons inherent to your personal situation. In this case, our company will no longer process your data, unless it can prove that there are overriding legal grounds for processing that prevail over your own interests, rights or liberties, or for the observation, the practice or the defence of legal claims. In any case, your claims will have to be sent to our company, by mail, at ARTENOBILIS SAS, 13, rue du Général Gouraud 59700 Marcq-en-Baroeul, or by mail at the following address: email@example.com
You have the possibility to lodge a complaint with supervisory authorities.
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10 – Governing Law
The governing law applied to the present contract is the French Law. The competent court is the Tribunal Judiciaire de Lille. Before any procedure, the parties must agree to enter into a mediation proceeding in order to try and settle the dispute which may oppose them.