Terms of Sale
on
TERMS AND CONDITIONS OF SALE
ON
WWW.ARTMONISM.COM
These terms of sale are concluded on the one hand by the sole proprietorship Serge RUBICHON DIMANCHE, whose registered office is located at 2 rue de l’étoile, 11100 Narbonne, registered in the National Register of Enterprises under number 453 258 527, hereinafter referred to as “ARTMONISM” and managing the site MONSIEUR SERGE RUBICHON DIMANCHE (www.artmonism.com), and on the other hand, by any natural or legal person wishing to make a purchase via the website www.artmonism.com, hereinafter referred to as “the buyer.”
ARTMONISM (hereinafter referred to as “ARTMONISM”) primarily engages in the creation and commercial operation of online shopping sites, including managing all stages of online sales and promoting items on the internet.
1. SCOPE
These general terms and conditions of sale (hereinafter referred to as “T&Cs”) apply automatically to the sale of any ARTMONISM-branded item via the Website.
In the context of these T&Cs, the term “User” refers to any person browsing the Website, and the term “Client” refers to any person wishing to place or having placed an order on the Website.
The sale is deemed concluded on the date of acceptance of the order by ARTMONISM.
Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2, and L. 141-1 of the Consumer Code, these T&Cs are made available to any Client for informational purposes.
The Client’s validation of any order constitutes full and unconditional acceptance of these T&Cs.
2. INFORMATION RELATING TO THE ITEMS
The items offered for sale by ARTMONISM are those listed on the Website on the day it is viewed by the Client.
Each item will have a descriptive sheet that, in addition to a photograph, will contain: the price, available sizes and colors, composition, and specific characteristics.
Minimal differences between an item and its photograph may exist, particularly due to the resolution and color definition of the User’s screen.
ARTMONISM undertakes to deliver items that meet the safety and health requirements in force according to European regulations, particularly regarding regulated chemical substances.
3. PRICES
Unless expressly stated otherwise, the prices of the items are those listed on the Website on the day of the order.
They are indicated inclusive of all taxes, excluding delivery costs. Delivery costs are communicated to the Client in the order summary before the final validation of the order and are expressed inclusive of all taxes. These costs are borne by the Client and are charged in addition to the sale price of the items.
These prices are firm and final at that date.
In case of an erroneous price display, clearly negligible (unrealistically low price), regardless of the reason (computer bug, manual error, technical error), the order—even if validated by ARTMONISM—will be canceled, and the Client will be informed as soon as possible. In such a case, the Client may, if they wish and subject to the availability of the items, place a new order at the corrected and accurate price.
4. ORDERING
4.1 Placing an Order
The Client places their order by completing the following 5 steps:
- The Client selects the chosen items and adds them to their cart after selecting the desired size and color.
- The cart located at the top right of the screen informs the Client that their selections have been taken into account by indicating the number of items it contains.
- The Client checks the contents of their cart by clicking on “order” to access the order summary. The Client can then modify their order (item, size, quantity).
- The total amount including all taxes for the order, distinguishing between the price due for the items and the delivery costs, is then indicated in the summary.
- Once the order is verified and, if necessary, modified, the Client validates their cart to finalize their order by clicking again on “order.”
- The Client enters their billing and delivery details.
Unless otherwise specified by the Client, the billing address will automatically be the same as the delivery address. If the Client has already placed an order on the Website, they have a Client account. In such a case, they will identify themselves only with their email address and password. The Client then verifies all the information and clicks on “validate” to continue their order.
- The Client enters their bank details.
The Client is then directed to a secure payment screen as specified in Article 4.3 below. Payment is made online by credit card only.
The Client must enter their credit card number, expiry date, and the 3-digit security code on the back of the card.
If the payment is accepted, the Client will be redirected to an order confirmation screen on the Website.
In case of payment failure, the Client will have up to 3 attempts to re-enter their bank details. After the third refusal, the Client will be redirected to a screen informing them of the payment refusal.
The Client will then be invited to contact ARTMONISM’s customer service to find out the reasons and to find a solution to finalize the order.
4.2 Order Confirmation
As soon as the Client’s payment is accepted, they will receive an email confirming their order, summarizing all the items ordered, the billing and delivery address, and the delivery date.
The Client’s validation of the order and the order confirmation sent to the Client by email by ARTMONISM following payment acceptance constitute a sales contract between the parties and acceptance of these T&Cs.
The Client who has placed an order will be able to print their invoice by logging into the Website in the “order tracking” section provided for this purpose.
ARTMONISM reserves the right not to validate the order in case of:
- Previous abusive claims,
- Abnormal orders regarding the quantities ordered,
- Previous abusive exchanges and returns,
- Existing dispute(s) with the Client.
ARTMONISM’s customer service is available to the Client for any questions regarding their order. Customer service is available by email at contact@artmonism.com.
4.3 Payment
The price of the items purchased is payable in full at the time of placing the order by the Client.
Payment is made online by credit card or Google Pay at the time of the Client’s order validation.
The request for authorization to debit the card is made at the time of order validation on the Website, unless the servers are unavailable. ARTMONISM reserves the right to make a new authorization request in case the first one could not be processed due to server unavailability.
In case of payment failure, incorrect address, or any other problem with the Client’s account, ARTMONISM reserves the right to block the Client’s order until the issue is resolved.
In case of fraudulent use of their credit card on the Website, the Client is invited to contact ARTMONISM by email at contact@artmonism.com.
ARTMONISM takes all necessary measures to ensure the confidentiality and security of the banking data transmitted on the Website. The Website has an online payment security system that encrypts the Client’s data. Payment information is transmitted according to the highest security standards.
The transmission of banking data is guaranteed by ARTMONISM’s partner. Disputes related to orders are handled directly by ARTMONISM as previously specified or, if necessary, by the Client’s bank.
All information exchanged to process the payment is encrypted: this data cannot be detected, intercepted, or used by third parties. At no time does the Client’s financial data pass through ARTMONISM’s computer system. In accordance with the provisions of Article L.221-11 of the Consumer Code, the Client will receive, no later than at the time of delivery, for each item, written confirmation of the price paid, detailing the price of the items and, where applicable, the delivery costs charged to them.
4.4 Order Archiving
The order confirmation is recorded in ARTMONISM’s registers, which are themselves kept on a reliable and durable medium. The Client accepts that the order confirmation be considered as proof of the contractual relationship between the Parties.
5. DELIVERY
ARTMONISM will deliver the order(s) accompanied by a delivery note within a maximum of fifteen (15) business days for delivery within mainland France, and within thirty (30) business days for delivery to any other country, starting from the day following the payment of the order.
From the time of delivery, the risks are transferred to the Client.
In the event of exceeding the delivery time not justified by force majeure, the Client may request—if they so wish—the cancellation of the sale and obtain, within a maximum of sixty (30) days, reimbursement of the amounts paid in connection with the sale.
For orders outside France, when the package intended for export reaches its destination, the recipient will be responsible for paying any taxes or customs duties applicable in the destination country.
The local authorities can provide the Client with useful information.
6. CONFORMITY GUARANTEE – HIDDEN DEFECTS WARRANTY
The Client is required to verify the conformity of the items received in execution of their order at the time of delivery. Any anomaly concerning the delivery, such as damaged package, missing item(s), deteriorated item(s), non-conforming item(s) to the order (non-exhaustive list), must be notified within the legal deadlines following the receipt of the order.
This notification will be sent to ARTMONISM’s customer service by email: contact@artmonism.com.
When the Client acts under the legal conformity guarantee, they:
- Benefit from a one-month period from the delivery of the concerned item to act;
- Can choose between the repair or replacement of the item, subject to the conditions of cost provided for in Article L.217-9 of the Consumer Code.
The Client is also informed that the legal conformity guarantee applies independently of any commercial guarantee that may have been granted.
The Client can also decide to invoke the guarantee against hidden defects as provided for in Article 1641 of the Civil Code, in which case they can choose between the resolution of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply regardless of any commercial guarantees provided.
The responsibility of ARTMONISM cannot be engaged in the following cases:
- Non-compliance with the legislation of the country where the items are delivered, which it is up to the Client to verify;
- Misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as well as normal wear of the item, accident, or force majeure.
7. RIGHT OF WITHDRAWAL
The Client has a period of thirty (30) days from the receipt of the item to exercise their right of withdrawal without having to justify their reasons or pay penalties.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the item(s) purchased and the shipping costs will be reimbursed; the return costs remain the responsibility of the Client.
The items must be returned in their original state and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition, accompanied by a copy of the purchase invoice.
Items returned incomplete, damaged, or soiled by the Client will not be accepted.
The exchange (subject to availability) or refund will be made within thirty (30) days from the receipt by ARTMONISM of the items returned by the Client.
8. INTELLECTUAL PROPERTY
All content on the Website (texts, comments, works, illustrations, images, videos) is reserved under copyright as well as intellectual property rights and for the entire world.
As such, in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of the Intellectual Property Code, is permitted.
Any other use is constitutive of counterfeiting and sanctioned under Intellectual Property Law unless prior authorization from ARTMONISM.
Any total or partial reproduction of the Website is strictly prohibited.
9. LIABILITY
The items offered comply with current French legislation. ARTMONISM cannot be held liable in case of non-compliance with the legislation of the country where the item is delivered. It is up to the Client to verify with the local authorities the possibilities of importing or using the items they intend to order.
Furthermore, ARTMONISM cannot be held liable for damages resulting from misuse of the item purchased. Finally, ARTMONISM cannot be held liable for any inconvenience or damage inherent in the use of the Internet, such as a break in service, the presence of computer viruses, or external intrusions, or more generally all cases qualified as force majeure by the courts.
10. PERSONAL DATA
The information and data concerning the Client are necessary for managing their order and for the commercial relations of ARTMONISM with its Clients. They may be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.
This information and data are also kept for security purposes, to comply with legal and regulatory obligations, and to allow ARTMONISM to improve and personalize the services offered and the information addressed to the Client.
In accordance with the Data Protection Act of January 6, 1978, the Client has the right to access, rectify, and oppose personal data concerning them. They can exercise this right by writing to ARTMONISM, 2 rue de l’étoile, 11100 Narbonne, indicating their name, first name, e-mail address, and if possible, their customer reference.
Depending on the choices made during the creation or consultation of their account on the Website, the Client may receive offers from ARTMONISM. If they no longer wish to receive them, they can at any time make a request to ARTMONISM by email at contact@artmonism.com.
11. APPLICABLE LAW – DISPUTES
These T&Cs are subject to French law.
In case of dispute, an amicable solution will be sought before any legal action.
The Client can contact ARTMONISM’s customer service via email at contact@artmonism.com.
In the absence of an amicable solution, any legal action will be brought before the competent French courts.
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