1 / the general conditions for sale below rule the contractual relations between any user of the site www.artwall-and-co.com and its derivatives belonging to the company Artwallandco whose head office is at 4 allée des santolines 83320 Carqueiranne and registered at the Chamber of Commerce of the Tarn with the number 80247945100014.
All relations coming from the agreement between ArtWall&Co and the customers are ruled by the general conditions of sale of ArtWall&Co. All exemptions are examined, exclusively, if they have been first confirmed between ArtWall&Co and the customer by written mail or especially, determined in the present conditions for sale.
The oral obligations of bidders, their representatives or authorized persons, demand for their being valid, the written confirmation delivered by ArtWall&Co
2 / ArtWall&Co.com may modify some of these general conditions for sale so it is necessary they be read before each visit of the site. These modifications are opposable from the moment they are put on line and cannot apply to contracts concluded previously.
Each purchase on the site is ruled by the general conditions applicable on the date of the order. We consider that on validating your order, you accept with no reservation the general conditions for sale and our conditions for use after reading them.
3 / The customer is defined below as each person physical or moral, company, association or individual using the site www.artwall-and-com.com and accepting the present general conditions for sale.
The consumer declares having the full legal capacity to allow him/her to commit him/her self to the present general conditions. The consumer commits him/her self to specifying in the order form his/her complete and true contact details (name, address, etc…). In case the specified contacts details are wrong, the customer only will be held responsible for the damages as a result.
4 / Should one of the present clauses of the general conditions for sale lose its validity, the others remain valid.
B. MODES OF PURCHASE
Here follow the different steps for the purchase of a picture :
- adding the articles to the caddy
- confirm articles in your caddy
- creation of your account
- changing your address of delivery (optional)
- choosing your delivery mode
- validating the general conditions for sale
- selecting the payment mode
- confirming your purchase
- back to the shop.
The order is done through the caddy to which the items bought are added. The items added to the caddy and presented on the site ww.artwall-and-co.com are available from stock. Only the items validated are paid for.
On the first order on the site artwall-and-co.com, the customer will not be obliged to create a customer’s account (customer’s choice after order) indicating the necessary information for the delivery of the order : name, forename, telephone and postal contacts, email address…The customer commits him/her self to giving the exact information which, as for the delivery address, determine the delivery in the time limits mentioned below.
The customer may, at any time, have access to the data of his/her account to modify or complete them. The customer should compulsorily give an email address to be communicated the confirmation of the order and the follow-up of the parcel.
The data of the account on the site are for the customers file. The data will in no way be used by third parties. ArtWall&Co.com do commit themselves to not communicating the addresses of customers to third parties. On validating the order, the clustomer can accept or refuse to receive from ArtWall&Co mails about ArtWall&Co products or information about promotional operations.
On each order, the customer will be able thanks to his/her email address and password to find all the information of his/her customer’s account without having to record them again.
The orders are validated after acceptation of the payment by the bank. An order confirmation email is then sent to the customer summing up the order.
Accessing the heading “ order follow-up “ in his/her customer’s account, the buyer can follow the different steps of his/her order, from the validation to the delivery.
The orders sent to ArtWall&Co.com are binding and irrevocable for the customer and their contents cannot be modified.
C / ABOUT OUR PRODUCTS
ArtWall&Co show on their site products and their description such as to abide by article L111-1 of the code of the French consumption which gives the possibility for the consumer to know the main characteristics of the product he/she is about to buy.
ArtWall&Co will do their utmost for the colour and patterns of the products shown on the site to be true to the original products. Nevertheless ArtWall&Co not being in control of the technical limitations of the consumer’s devices for the showing of colours, ArtWall&Co will not be held responsible for the inaccuracy of the photos on the site.
At any time ArtWall&Co can change or take off the products shown on the site, however those changes will not affect the orders ArtWall&Co will have accepted before the changes.
Once the payment has been received, the products are printed, individually, according to the orders of the customer. For the prints on canvass, the customer will receive a print true to the original of a given pattern.
The company ArtWall&Co invites the customers the different possibilities for the placing of an order. All prices include VAT and, the shipping costs are included for the deliveries in metropolitan France only (those costs will be added for deliveries outside metropolitan France).
The orders placed by the customer are only accepted under the conditions and prices currently in effect. The price on the bill is the one in effect when the order is placed by the customer. All the prices indicated include the VAT (currently at 20%) and the delivery costs.
All the prices and other values about the goods lose their validity on the moment the site is modified by ArtWall&Co.
The offer is available at a determined time and precise number, exclusively. In the case of the limit or the time limit of validity of the offer are over, the delivery cannot be done.
D / MODES OF PAYMENT
All prices are shown in euros, and TTC (all taxes included).
The price indicated on the product details includes the delivery costs calculated at the step “selecting the payment mode” in the modes of purchase (only for metropolitan France). The delivery costs outside metropolitan France are borne by the buyer.
The price indicated in the confirmation of the order is the final price the buyer will have to pay. The price includes the products, handling, packing and transportation costs.
Should the delivery be outside metropolitan France, the delivery costs, the customs duties and red tape are exclusively borne by the buyer, unless otherwise stated. The buyer then must check the import possibilities for the products ordered for the delivery country. At any time and with no further notice, ArtWall&Co can change their prices. However those changes will have no consequences on the orders ArtWall&Co will have accepted before with the reservation of the availability of the products ordered.
As a rule the payment can be made by credit card, bank transfer, cheque or Paypal.
Payment in cash is impossible. ArtWall&Co is not responsible for any cash sent.
If the customer is late for the payment, he accepts to bear the responsibility for his/her negligence. If payment is late, the purchase price will be increased with the interests. The rate is 5% above the basic rate.
The consumer guarantees the company ArtWall&Co that he/she is authorized to use the chosen mode of payment when validating the order.
The company ArtWall&Co can suspend all management of order and all delivery in case the payment by credit card is refused by the officially accredited organizations or in case of non payment
The company ArtWall&Co can refuse to deliver or fulfil an order from a consumer who would not have completely or partially paid a previous order or with whom they would be in litigation for a payment.
It is to be noted that for a payment by cheque, should it come back unpaid twice, the bank costs of 15€ before tax will be borne by the consumer.
E / MODES OF DELIVERY
The goods are provided till the stock is empty. If the delivery of a product is impossible ArtWall&Co will immediately tell their customers. If the customer has already paid the product, it will be paid back without delay.
ArtWall&Co has a permanent stock which allows answering the order as soon as payment has been confirmed. The products will be delivered to the address mentioned on the order. The delivery is done in agreement with the costs indicated on the order. Transport is through GLS in 48 h.
NB : check your address of delivery (you can change it up to the payment step). ArtWall&Co cannot be held responsible if the address of delivery is wrong or the address of the place of pick-up of the product. If the parcel is sent back to us you will have to bear the transport costs and email us the right delivery address.
Delivery is free, only in metropolitan France.
Delivery costs within the EU are 19€ and 59€ for the rest of the world. When delivering outside the EU, the customer will bear the customs controls and duties of the country of delivery.
The consumer must check the packaging of the product on delivery and can refuse the parcel if it has been damaged. Do let us know your refusal of the parcel by email within 72 hours. In case hidden faults should be demonstrated, ArtWall&Co will be informed through email or fax.
In case the product doesn't fit with the product description, the customer will give us a two-week delay to meet the order. In any other case the customer cannot in any way back out of the agreement.
ArtWall&Co will not pick up the product
F / EXPEDITION AND DELIVERY TIME LIMIT
1/ ArtWall&Co commit themselves to delivering the ordered goods within a maximum of thirty(30) days from the confirmation of the order. If the delay is over 30 days the customer can cancel the order and demand whole repayment within the 30-day limit.
2 / Any delay in manufacturing of ArtWall&CO ‘s suppliers cannot call for compensation or interests. A delay in delivery cannot in any case entitle to any compensation or penalty.
We invite you to let us know about any delivery delay over 7 days from the due date when order was placed so an investigation with the transporter can be implemented. Investigation may last between 1 to 3 weeks depending on the transporter. If during investigation the parcel is found, it will be immediately forwarded to your place of delivery.
During the investigation, no repayment, credit note or sending of goods will be done.
It is agreed, a case of force majeure (lock-out, strike, industrial action at ArtWall&Co or their suppliers and contractors, epidemic, war, requisition, fire, flood, interruption or delay in transports, legal decisions which may stop, restrain, the manufacturing or import of the goods) cannot be blamed on ArtWall&Co. The seller will not be held responsible on delivery. The seller will keep the customer informed of the events above mentioned.
In any case delivery within delays can only happen if the buyer has completed his obligations to the seller.
G / DELIVERY PROBLEMS DUE TO THE TRANSPORTER
The consumer must check the packaging on delivery (packaging torn, canvas damaged or missing) and refuse the parcel if it has been damaged. Thank you for letting us know your refusal through email artwallandco.com within 72 hours.
In agreement with article L.133-3 of the French Trade any reservation must be confirmed by registered letter to the transporter within the three days following receipt. Any reservation of this type must be notified to the customers relation department within the same time limit by email sent to contact@ artwallandco.com. A copy of the complaint to the transporter must be attached.
Any complaint after the delay and not within the appropriate form will be rejected and artwallandco will be free from any responsibility.
H / DELIVERY PROBLEMS DUE TO THE SELLER
Despite the great care taken to prepare our orders, a product may be missing or a mistake may have been made during preparation. Should you notice such a mistake, please let us know as soon as possible and if possible within the working 72 hours on receipt of the order. This can be done by email or telephone.
I / RIGHT OF RETRACTION
In agreement with article L121-16 and 126-20 of the French code of consumption, the consumer has a delay of fourteen (14) clear days to inform us that he/she is not pleased with the picture. To do so connect to your account in the heading “my returns” to make an application. The product must be sent back to the address given by the seller.
The return costs and risks are borne by the consumer. We do not accept goods sent back cash with order. It is up to the customer to keep proof of his/her return by registered or followed post or any other means showing a certain date of the posting.
The goods must be sent in an impeccable state and in their original packaging including the bill. Any product incomplete or damaged will not be paid back.
Using his/her right of retraction in the right conditions, the customer will be fully paid back the order in question. The payback will be done in full within seven (7) working days from the date of receipt by the seller of the goods or from the day of the specification of the number of the parcel (only if there is the option “follow-up of the parcel” on line).
To get more information about the right of retraction, do contact our customers relation department (firstname.lastname@example.org).
J / LIMITS OF RESPONSIBILITY
Given the technical level, we cannot ensure permanent communication on the internet and without any mistakes. We are not responsible for the permanent access to our system online nor for the electronic and technical mistakes happening during purchasing, on which we have no influence and particularly on the receipt or implementing of the delayed orders.
The company ArtWall&Co shows on its site links to other web sites. All those links are submitted to the following rule : ArtWall&Co does declare having no influence on the aspect and content of those sites. Thus, the company hereby declares that the sites whose links appear on https://artwall-and-co.com are not its property. The above declaration includes all the sites indicated and their contents.
K / GUARANTEE
In agreement with article 4 of decree n°78-464 of march,24 1978, the dispositions of the present general conditions for sale cannot deprive the consumer from the legal guarantee which obliges the professional seller to guarantee him/her against all the consequences of the hidden defects of the thing sold.
A taking back against payment is excluded after the period of 7 clear days (see right of retraction).
AS a professional seller ArtWall&Co guarantees that the products are in keeping with their intended use and are free of defects or hidden defects making them dangerous or inappropriate to their normal use. In a case of a product not in keeping with the information given when presented on the site and, in agreement with article L211-5 of the French code of consumption or if the product shows hidden defects mentioned in article of the French Civil code, it will be paid back to the consumer.
ArtWall&Co commit themselves to paying back the consumer within at most 30 (thirty) days, with the reservation that the conditions above are respected.
The company ArtWall&Co is not responsible for small diference between product sold and product received by the customer. In the case of pictures printed on canvas, posters, photos and artistic prints, the little differences in colour compared to the model patterns as well as the differences resulting from another format, quality of paper, matter and surface are inevitable from a production and technical point of view.
Such differences do not allow a complaint.
L / DATA PROTECTION
The personal data given by the customer (sex, name and forename, address, date of birth, e-mail, phone number, fax number, bank account number, credit card number) are processed according to the French law for the protection of personal data.
If not necessary to explain or change the content of the agreement, the personal data recorded by the customer will only be used to conclude the purchase and send the goods to the address given. The use of the customer’s data for publicity, marketing or offers from our company demand full agreement from the customer can give his/her agreement before putting in the order; such an agreement is given wilfully, the appropriate declaration can be found on our site; the withdrawal of the given agreement is also possible. The personal data given by the consumer and necessary for the order placed will only be used for the purchase-sale contract signed between us.
M / Litigation, responsibility and court authority
The present contract holds under French law.
ArtWall&Co cannot be held responsible for not honouring the contract because of a case of force majeure, partial or complete industrial action or strike, namely of the postal services, means of transport or the customer’s fault. It is reminded to safeguard the data contained in the purchased products. ArtWall&Co will not be held responsible for the consequences of the misuse of the products sold on the site.