PREAMBLE

The ARCOUET.S Company invites Users to carefully read these General Terms and Conditions of Sale (hereinafter “ CGV“ ).
The GCS apply to all products offered by the company ARCOUET.S on its website www.sebastienarcouet.shop. Any order for a product appearing in the online store of the site www.sebastienarcouet.shop implies the prior acceptance of these general conditions. These conditions may be subject to change without notice. In this case, the applicable conditions will be those in force on the site on the date of the order.
The photographs or graphics presented on the Website are not contractual.

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DEFINITIONS

“ Company ”  designates the ARCOUET Company.S_cc781905-9418bb18-bad5;
" Site " designates this website, i.e. www.sebastienarcouet.shop;
“ Client ” designates the Professional or the Consumer who placed an Order for a Product sold on the Website;
“ Commande ”  means any order placed by the customer on this Site;
" Produits "  means the material things sold on this Site, in this case original works of art art ;
“ Artiste ”  designates Sébastien Arcouet, the person who creates and sells the Products.

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ORDERS

The order contract will be effective when the Customer clicks on the button to confirm the order. He can access the summary of his virtual basket in order to confirm or modify the Products he wishes to order and places his Order by pressing the “Validate” button.
He must provide a valid address and method of payment in order to finalize the Order. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to delivery.

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PRODUCTS AND PRICES

The selling price of the Products is displayed on the Site in euros and includes all taxes, with the exception of delivery costs where applicable. The Products are described on the Site on the corresponding page and mention is made of all their essential characteristics.  If a Product is no longer available from the Artist, the User will then be informed within as soon as possible, and his order canceled and refunded. The unavailability of a Product can in no way engage the responsibility of the Company, nor can it open any right to compensation or damages in favor of the Customer.

The delivery costs will be detailed if necessary in the summary before placing the Order. Delivery costs depend on the nature of the Product and the place of delivery.

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MEANS OF PAYMENT

Unless otherwise specified, all sales are paid in cash at the time the Order is placed. Payment can be made:

• online by bank card ;

• by bank check, in this case the delivery of the Product will take place within 8 days after cashing the check;

• by following the instructions provided by the Company over the telephone.

 

WITHDRAWAL

The Customer has a period of 15 days from receipt of the Products to exercise his right of withdrawal without having to justify reasons or pay a penalty.
Returns must be made in their original condition and complete (equivalent to the original packaging), directly to the Artist. In this case, the responsibility of the Customer is engaged. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.
In the event of exercise of the right of withdrawal, the Company will reimburse the sums paid, within 15 days of notification of the request of payment than the one used when ordering.

 

DELIVERY / PACKAGING

The delivery of the Products is ensured from start to finish by the Company.

The Product is carefully packaged by the Artist, according to very strict standardized specifications. The Product is then entrusted to La Poste or a specialized carrier. If the Product, despite all the care taken, arrives damaged or broken at the Customer's home, the Company undertakes to bear the return costs. If the Product cannot be repaired or restored, the Customer is immediately reimbursed.

The Products are delivered exclusively on the European continent: all European countries and the UK.

For any other destination, contact the Company directly.

The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible (15 working days). These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered.
In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee.

In addition, the Company cannot be held liable for reasons related to exceeding delivery times:

• during periods of high demand, such as the holiday season,

• for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,

• for facts attributable exclusively to the carrier responsible for the delivery.

In the event of a delay in shipment, the Company will contact the Customer to inform him of a possible consequence on the delivery time.

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PROPERTY RIGHTS

The Artist retains ownership of the Products sold until full payment of the price by the User. He can therefore regain possession of said Products in the event of non-payment. During a sale, the Artist transfers to the User the physical Product and his rights of representation on the Product, but retains the moral rights on the Product as well as the rights related to its reproduction.

Any element appearing on the Site is protected by copyright, trademarks and any other intellectual property right. Any reproduction and/or adaptation is strictly prohibited without the prior authorization of the Company.

 

LEGAL GUARANTEES

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.211-4 of the Consumer Code : “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L.211-5 of the Consumer Code : “To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article 1641 of the Civil Code: “  The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it is intended. destiny, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them. »

Any resold Product altered, modified or transformed is not covered by the guarantee.
This is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed to be defective as far as possible. If the liability of the Company is retained, the guarantee is limited to the amount excluding VAT paid by the Customer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the guarantee.

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CHANGES

The Company reserves the right to modify the Site, the GCS as well as any delivery procedure or other component of the services provided by the Company through this Site.
When an Order is placed, the Customer is subject to the stipulations set out in the GCS in force when placing the Order.

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PERSONAL DATA

The information and data concerning the customers of the Site are collected to allow the management of orders, after-sales, as well as the sending of newsletters. They may be communicated to the Site service providers responsible for the execution of services and orders for their management, execution, processing and payment. But they cannot be used by third parties for other purposes without their authorization.

In accordance with the amended law of January 6, 1978, the buyer has a right of access, rectification and opposition that he can exercise at the following email address:seb_arcouet@yahoo.fr

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RESPONSIBILITY

The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to permanently ensure the service, it is possible that the -ci be interrupted at any time.  In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any operation to update, improve or maintenance.
As previously mentioned herein, the Company can in no way be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault cannot be attributed to it.

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JURISDICTION CLAUSE

These T&Cs are subject to French law. Any dispute that may arise between the Company and a Client during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the competent court will be the Commercial Court of Marseille.