General terms and conditions of sale

In force on 08/06/2023

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Vendor on the www.artychoo.com website. The Products offered for sale on the site are as follows:

Works of art

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the www.artychoo.com website, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at all times on the www.artychoo.com website and shall prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by ticking the appropriate box before placing an order online at www.artychoo.com.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows
Artchoo, Sole proprietorship
Registered with the RCS of Montpellier, under number 453348278
7 rue du marché aux bestiaux 34000 Montpellier, France
Email : artychoo.gallery@gmail.com
Telephone number: 0681408444
The Products presented on the www.artychoo.com website are offered for sale in the following territories:
Worldwide.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the current prices shown on the www.artychoo.com website when the order is registered by the Vendor.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the www.artychoo.com website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside their period of validity, to modify the prices at any time.

Prices do not include processing, dispatch, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is the Customer's responsibility to select the Products they wish to order on the www.artychoo.com website, in accordance with the following procedures:
The Customer chooses a work of art, places it in the shopping basket and then places the order. The parcel is prepared as soon as the order is received and sent to the Customer. The customer is debited when the order is placed.

Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.artychoo.com website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of their order on the website.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following methods:
payment by bank card

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.artychoo.com website.

Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Vendor the price in full in accordance with the above conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s):
Worldwide.

Deliveries are made within 5 working days for France. 15 days for the rest of the world. to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Vendor undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within The Customer may cancel the order if it is not received within two months of the payment of the work. after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier to the address given by the Customer when the order was placed and to which the carrier has easy access.
Where the Customer has arranged for a carrier of its own choosing, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be the subject of a specific additional invoice, based on an estimate previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. He/she has a period of #254 Maximum period for... from the date of delivery to make complaints by e-mail to the address artychoo.gallery@gmail.com or directly via the contact form on the website www.artychoo.com, accompanied by all the relevant supporting documents (photos in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no complaint will be validly accepted by the Seller.
The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - Right of withdrawal

In accordance with article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good".
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The cost of returning the Products will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's liability - Warranties

The Products supplied by the Vendor are covered by :
the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,

Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility."
Article L217-5 of the French Consumer Code
"The goods conform to the contract:
1° If it is fit for the use normally expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code.
"The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the purchaser's request for service or from the date the item in question is made available for repair, if it is made available after the request for service.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or have repaired the Products or parts under guarantee deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed on presentation of receipts.
Reimbursements, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Vendor's finding of the non-compliance or hidden defect. This refund may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:
failure to comply with the legislation of the country to 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 photographs and graphics presented on the site are not contractual and shall not incur the liability of the Vendor.
The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purposes of delivering Products. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data
The personal data collected on the www.artychoo.com website is as follows:

Ordering Products:
When the Customer orders Products:
Name, first name, postal address, telephone number and e-mail address.

Payment
As part of the payment for Products offered on the www.artychoo.com site, the latter records financial data relating to the Customer's bank account or credit card.

9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :
Transport service providers

9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the www.artychoo.com website have the following rights:
They may update or delete the data concerning them as follows:
By sending an e-mail to artychoo.gallery @gmail.com or via the contact form directly on the website www.artychoo.com.
They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Vendor.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must respond within a maximum of one month.
If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which they agree to receive informative and advertising e-mails from the Vendor. They will always have the option of withdrawing their agreement at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the www.artychoo.com website is the property of the Seller 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.

ARTICLE 11 - Applicable law - Language

These GCS and the transactions arising from them are governed by and subject to French law.
These GCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service department at the Vendor's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.