ARTICLE 1. SUBJECT
The acquisition of a good or a service via the present website implies the full acceptation of the present terms by the customer.
AS’ART reserves the right to change the selling terms at any moment. In this case the applicable terms are those in effect on the day of the customer’s order.
ARTICLE 2. LENGTH OF VALIDITY OF THE SALES OFFERS
In case of an order with several products, which one or many needing a delivery deferment indicated on the product sheet, the total order will be shipped once all products will be ready.
In case of an order of unavailable product, the customer will be informed of this unavailability, as fast as possible, by phone or e-mail, of a partial delivery or an order cancellation. A product substitution will be offered, mainly by phone; if the customer is not reachable an e-mail will be sent.
The customer will dispose of 48 worked hours (except weekends and holidays) to claim the cancellation or the special shipping (partial delivery or with a substitution product) of his order by contacting our customer service at email@example.com. If the payment has already been made before the information of unavailability, a refund procedure begins. After this procedure the customer’s bank account will be credited within 14 days according to the current law.
ARTICLE 3. PRODUCTS PRICES
The prices appearing in the eshop includes all the taxes, are in euros and reckon with the VAT rate on the order day; any rate change could be reverberated on the price of the products or services. AS’ART reserves the right to modify its prices at any moment, however implying that the price showed on the catalog the day of the order is the only one applicable to the customer, under condition that the price would be serious.
ARTICLE 4. ORDER
By clicking on the “order” button while the order process, the customer declares to accept fully and wholehearted the totality of this Standard Form Contract. The data saved by AS’ART constitute the proof of all transactions between AS’ART and its customers. AS’ART will confirm you systematically your order, then its expedition via e-mail.
ARTICLE 5. PAYING TERMS AND CONDITIONS
The payment of the acquisitions is done by wire transfer to AS’ART bank account La Caisse d’Epargne or Paypal.
ARTICLE 6. STORE WITHDRAWAL
AS’ART offers the possibility to its customer to withdraw the orders in the store, 3, Passage du Grand Cerf, 75002 Paris, France. The customers have a month to withdraw their packages after receiving the confirmation email.
ARTICLE 7. DELIVERY
The products will be shipped to the delivery address indicated by the customer during the ordering process, only in the geographical zone agreed. The contributions to the ordering process and to the shipping fees include all taxes. When shipping a complete order, AS’ART provides an original bill describing the shipping fees and the VAT.
AS’ART ships the packages everywhere in metropolitan France and to all the countries of the European Union.
All risks are on the customer’s responsibility once the products left the AS’ART showroom.
3 levels of shipping fees are available depending on your geographical zone:
• Metropolitan France: 6€ as a minimum cost; then 15% of the total price of order
• Bordering and neighbor countries: 15€ as a minimum cost; then 20% of the total price of order
• Scandinavian countries and other European countries: 25€ as a minimum cost; then 25% of the total price of order
The delivery time concurs with the ordering process and the delivery, which are calculated depending on the date of reception of the order. The delivery time also depend on the destination of the order and does not include the holidays or the weekends. However in the case of a two weeks delay, the customer will have 60 days, starting on the expected day of delivery, to claim his denunciation right according to the law of January the 18th 1992. Once the denunciation right has been claimed, AS’ART makes a refund within 14 worked days.
In case of partial delivery, this right only concerns the undelivered product’s balance.
Every delivery is considered done once the conveyer has presented the products to the customer, embodied by its control system. It is up to the recipient to check the product at the delivery and to make all claims or complaints which could be justified, or to refuse the package if it is susceptible to has been open or if it looks deteriorated. The said claims or complaints must be addressed to the conveyer by registered mail with a reception notice within three workable days following the delivery date, and a copy must be sent to firstname.lastname@example.org
In the case where the delivered products are not conformed to the nature or the quantity specified on the delivery bill, the customer must under penalty of deprivation, send his complaint within the 8 days following the delivery.
ARTICLE 8. CUSTOMER SERVICE
In case of delay, broken, missing product or any other question, the customer can get in touch with the team from Monday to Friday 9:15AM-7PM
Phone: +33 (0)1 53 00 93 30
ARTICLE 9. CANCELLATION RIGHTS
All the products are sold under the clause “satisfied or refunded “within 14 days after the delivery date according to the Consumption Code, article L 121-21.
To make the refund policy easier, every return must be authorized beforehand by AS’ART. You must inform AS’ARTby sending an email to the following address: email@example.com
The returning address is the following, except explicit specification:
AS’ART, 3 Passage du Grand Cerf, 75002, Paris
The customer use his withdrawal right according to the L121-21 article of the Consumption Code, within 14 days after reception of the goods. This right is exercised by the return of products. The refund to the customer will be done by transfer or Paypal within 14 days after reception of the goods by AS’ART as a following to the use of the withdrawal right.
The withdrawal right can be used after the order and before the logistical process of the package. In this case the order is simply cancelled.
No return for cash on delivery will be accepted for any reason.
This withdrawal right cannot be used if the delivered products have obviously been durably used (more than a few minutes).
The goods must imperatively be returned correctly packed, in their original packages, in a perfect selling state (un-damaged, un-broken, un-soiled by the customer) and with all their eventual accessories, instruction sheets and documentations, at the address specified above and with the original copy of the selling bill whose the customer must keep a copy.
The packages who’s the expedient could not be identified (order number, e-mail address, name, address) will not be accepted.
In the case of a cumbersome parcel, the product must be packed in the same way than at the delivery (on a wooden pallet if it has been delivered that way).
The fees and risks relied to the product’s return are expedients’ responsibility.
ARTICLE 10. LEGAL WARRANTY ON HIDDEN CONSTRUCTION DEFECTS
All the goods provided by the seller are under the legal warranty intended by the 1641 (and following) articles of the Civil Code. In case of hidden construction defects on a sold product, it could be returned to the seller whom will take it back, change it or refund it.
ARTICLE 11. RESPONSIBILITIES
The seller, in the online sale process, has only the obligation to send the goods; his responsibility could not be engaged for a damage resulting from the use of the internet such as: data loss, intrusion, malware, service break or any independent problems.
ARTICLE 12. INTELECTUAL PROPERTY
Every element on the AS’ART website is and stays the exclusive intellectual property of AS’ART. No one is authorized to reproduce, exploit, broadcast or use in any way, even partially, any element of the website, be it software, sound or picture. Any simple link or hyperlink is strictly forbidden without a written explicit agreement of AS’ART.
ARTICLE 13. PERSONAL DATA
According to this law, you have the right to access, modify and suppress your personal data.
Therefore, according to the law of protection of informatics and liberties of January the 6th 1978, the customer can claim his right to access to the file, as his right to modify or suppress his personal data, by addressing his demand (by indicating his e-mail address, name, surname, postal address), to firstname.lastname@example.org or by the mail at: 3, Passage du Grand Cerf, 75002, Paris.
You can also unsubscribe to the newsletters offered by www.asart.frby clicking on the link at the bottom of the last newsletter you received.
Furthermore, your bank information is never in our possession. Transactions are entirely processed by PayPal.
ARTICLE 14. ARCHIVING
AS’ART will archive the order and payment bills on a durable and reliable device constituting an accurate copy according to the disposition of the 1348 article of the Civil Code. AS’ART’s computerized registers will be considered by the parts as proofs for communication, orders, payments and transactions between the parts.
ARTICLE 15. RESPONSIBILITIES-LITIGATIONS-APPLICABLE LAW
The copies of pictures or texts illustrating the displayed products are not contractual. Accordingly, the responsibility of www.asart.frcould not be engaged in case of mistake in one of these texts or pictures.
www.asart.frcould not be held for liable damages of any nature, be it material, immaterial or physical, resulting from a malfunction or misuse of the sold products. The same applies in case of eventual modifications from the suppliers.
The responsibility of www.asart.fr will be at all events, limited to the amount of the order and could not be questioned for simple mistakes or omissions which could subsists despites all the precautions taken in the products display.
www.asart.fr could not be held responsible toward a customer or a third person, for any indirect damages, any exploitation, and profit or turnover losses in any way, even if this damage, prejudice or loss was predictable by www.asart.fr , or if its possibility was brought to our attention.
Without restricting the previous paragraphs, the responsibility of www.asart.fr in the terms of this standard form contract cannot exceed an amount equal to the amount paid or payable at the transaction related to the said responsibility, whatever the cause or the form of the concerned action.
http://www.AS’ART.com could not be held responsible for the non-execution of the contract agreed in case of stock shortage or unavailability of the product, force majeure, perturbation, partial or total strike of postal services and transportation industry, and/or communication, flooding and wildfire.
In case of litigation, the customer should get in relation primary with www.asart.fr to reach an amicable settlement. If it is not possible, the Paris’ court is the only institution qualified, regardless of the geographical zone of delivery or the payment modality accepted.
This standard form contract in English will be executed and interpreted according to the French laws. Any dispute arising from its validity, interpretation or execution will be submitted to the Paris’ court, which is expressly and exclusively in charge.
www.asart.fr reserves the right to modify the standard form contract. Customers whom would not want the contractual relationship defined by the new version of the standard form contract, must notify it, and after the appliance of the new contract, they must stop using the services provided by www.asart.fr. If hypothetically any term of this contract would be considerate as illegal or un-usable by a legal decision, the other would stay applicable.