General Terms and Conditions of Sale - Internet
ARTICLE 1 – SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter referred to as the “General Terms” or “General Conditions of Sale” or “GTC”) apply to any purchase made by a natural or legal person (hereinafter referred to as the “Customer”) on the website: www.arianeparayre.com.
APG, a Limited Liability Company with a share capital of 800,000 euros, registered under the name APG, registered with the Paris Trade and Companies Register under number 511 063 174 R.C.S Paris, with its registered office located at 94, rue Notre Dame des Champs, 75006 Paris – Tel: +33 1 45 25 94 92 Email: inquiries@arianeparayre.com
These General Terms and Conditions of Sale aim to govern the sale and delivery of products ordered from APG via the website www.arianeparayre.com. They are subject to modifications and updates; the conditions applicable to the order of an item by a customer are those in effect on the day of the order. These terms are accessible and printable at any time via a hyperlink available at the bottom of each page of the site.
These General Terms and Conditions of Sale (referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“The Customers or the Customer”) wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.arianeparayre.com.
The products offered for sale on the site are as follows: Art, Edition, Lithography, Engraving, Painting.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website www.arianeparayre.com, and the customer is required to be aware of them before placing an order.
The choice and purchase of a Product are solely the responsibility of the Customer. The offers for Products are subject to availability, as specified at the time of placing the order.
These GTC are accessible at any time on the website www.arianeparayre.com and will prevail over any other document.
The Customer declares that they have read and accepted these GTC by checking the box provided for this purpose before proceeding with the online ordering process on the website www.arianeparayre.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows: APG via the website www.arianeparayre.com, located at 94, rue Notre Dame des Champs, 75006 Paris – Tel: +33 1 45 25 94 92 Email: inquiries@arianeparayre.com.
The Products are provided at the current rates listed on the website www.arianeparayre.com at the time the order is registered by the Seller. For all Products, the Customer will find prices displayed in euros, including all taxes (TTC), as well as applicable delivery charges. The price is subject to change as editions are exhausted. For deliveries outside the EU, the price does not include customs fees. These duties will be settled at the time of delivery. The applicable price is that indicated on the Site on the date the Order is placed by the Customer. Prices do not include processing, shipping, transport, and delivery fees, which are billed in addition, as indicated on the site and calculated prior to the order being placed. Applicable taxes and shipping fees will be added to the total of your merchandise and will be shown in your shopping cart and in your order confirmation. International orders may be subject to additional local taxes, import duties, or other local requirements. The payment requested from the Customer corresponds to the total purchase amount, including these fees. An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.
APG via the website www.arianeparayre.com commits to delivering the Product on the date or within the timeframe indicated to the Customer, unless the parties have agreed otherwise. The unavailability of a Product is indicated on the page of the relevant Product. In any case, if unavailability was not indicated at the time of the Order, APG commits to informing the Customer without delay if the Product is unavailable. If the Customer decides to cancel their Order for unavailable Products, they will receive a refund of all amounts paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
It is the Customer’s responsibility to select on the website www.arianeparayre.com the Products they wish to order, according to the following steps: Product selection, Cart validation, Payment.
The offers for Products are valid as long as they are visible on the site, subject to available stock. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website www.arianeparayre.com constitutes the formation of a distance contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
ARTICLE 5 – PAYMENT CONDITIONS
The price is paid through secure payment methods, according to the following modalities: Credit card payment. The price is payable in full by the Customer at the time of placing the order. Payment data is exchanged in encrypted mode through the protocol defined by the authorized payment provider involved in the banking transactions conducted on the website www.arianeparayre.com.
Payments made by the Customer will only be considered final after the actual collection of the amounts due by the Seller. The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions stated above.
1. Delivery Area
The Products ordered by the Customer will be delivered within the European Union, Switzerland, the UK, Canada, USA, North America, South America, Asia.
2. The Products will be shipped to the delivery address(es) provided by the Customer during the ordering process.
3. Shipping Timeframe
APG will organize the shipment of the ordered products to the customer through a third-party delivery service provider. When available, APG via www.arianeparayre.com will provide a tracking number for the shipment upon dispatch of all or part of your order.
4. Shipping Costs
The Company will deliver the items ordered either by standard or express courier, depending on the delivery area. During the ordering process, APG will inform the Customer of the possible shipping times and methods for the purchased Products. Shipping costs are calculated based on the delivery method, the weight of the package, and the delivery address. The amount of these costs will be due by the Customer in addition to the price of the purchased Products.
In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional charge, based on a quote previously accepted in writing by the Customer.
The Customer is required to verify the condition of the delivered products. They have a period of 48 hours from the time of delivery to submit any claims via email, accompanied by all relevant proof (including photos). After this period, and if these formalities are not adhered to, the Products will be deemed compliant and free from any apparent defects, and no claims will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their expense any delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, in accordance with the provisions of articles L 217-4 and following of the Consumer Code and those provided in these GTC. The transfer of the risks of loss and deterioration will only take place when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller’s risk unless the Customer has chosen the carrier themselves. In this case, the risks are transferred at the time the good is handed over to the carrier.
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.
According to the provisions of Article L221-18 of the Consumer Code, “The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following a telephone solicitation or off-premises, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph starts from the day:
1° Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° Of receipt of the good by the consumer or a third party, other than the carrier, designated by them, for sales contracts of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the conclusion of the contract.
In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period starts from the receipt of the last good or lot or the last piece.
For contracts providing for regular delivery of goods over a specified period, the period starts from the receipt of the first good.»
The right of withdrawal may be exercised online, using the attached withdrawal form, which is also available on the website or through any other unambiguous statement expressing the intention to withdraw, particularly by postal mail addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions…) allowing for their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted for return.
Return shipping costs will be borne by the Customer. Exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.
ARTICLE 9 – SELLER’S LIABILITY – GUARANTEES
The Products supplied by the Seller benefit from:
• The legal warranty of conformity for defective, damaged, or non-compliant Products;
• The legal warranty against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and making them unfit for use.
Article L217-4 of the Consumer Code:
“The seller is obliged to deliver a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been charged to them by the contract or has been carried out under their responsibility. »
Article L217-5 of the Consumer Code:
“A good conforms to the contract if:
1° It is suitable for the usual use expected of a similar good and, where applicable:
It corresponds to the description given by the seller and possesses the qualities that they presented to the buyer in the form of a sample or model;
It presents the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it presents characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, communicated to the seller, and accepted by the latter.»
Article L217-12 of the Consumer Code:
“Any action resulting from a conformity defect is barred after two years from the delivery of the good. »
Article 1641 of the Civil Code:
“The seller is liable for the guarantee due to hidden defects in the sold item that render it unfit for the use for which it is intended, or that diminish its use to such an extent that the buyer would not have acquired it, or would have paid a lower price if they had known of the defects. »
Article 1648 paragraph 1 of the Civil Code:
“Any action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code:
To assert their rights, the Customer must inform the Seller, in writing (by email or postal mail), of the non-conformity of the Products or the existence of hidden defects upon their discovery.
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective.Shipping costs will be reimbursed based on the billed rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-conforming or defective will be made as soon as possible and no later than one week following the Seller’s acknowledgment of the conformity defect or hidden defect. This refund may be made by bank transfer or check.The Seller’s liability cannot be engaged in the following cases:
• Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify;
• In the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in cases of normal wear and tear of the Product, accidents, or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the Seller’s liability.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of non-conforming or defective Products.
The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
10.1 Collection of Personal Data
The personal data collected on the website www.arianeparayre.com includes the following:
Product Order:
When the Customer orders Products:
Names, first names, postal address, phone number, and email address. Payment:
In the context of payment for the Products offered on the website www.arianeparayre.com, it records financial data relating to the Customer’s bank account or credit card.
10.2 Recipients of Personal Data
The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales and delivery of Products.
The category(ies) of co-contractors are:
Transport providers
and Payment service providers
10.3 Data Controller
The data controller is the Seller, as defined by the French Data Protection Act and, as of May 25, 2018, by Regulation 2016/679 on the protection of personal data.
10.4 Limitation of Processing
Unless the Customer expresses their explicit consent, their personal data will not be used for advertising or marketing purposes.
10.5 Data Retention Period
The Seller will retain the data collected for a period of 5 years, covering the statute of limitations for contractual liability.
10.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical measures for digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.
10.7 Implementation of Clients’ and Users’ Rights
Under applicable data protection regulations, Clients and users of the website www.arianeparayre.com have the following rights:
• They can update or delete the data concerning them by:
Writing directly to the site administrator.
• They can delete their account by writing to the email address indicated in Article 10.3 “Data Controller.”
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 10.3 “Data Controller.”
• If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in Article 10.3 “Data Controller.”
• They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 10.3 “Data Controller.”
• They can also request the portability of the data held by the Seller to another provider.
• Finally, they can oppose the processing of their data by the Seller.
These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.
The Data Controller must respond within a maximum of one month.
In case of refusal to comply with the Client’s request, the refusal must be justified.
The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek a judicial authority.
The Client may be asked to check a box indicating their acceptance to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
The content of the website www.arianeparayre.com 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 representation or reproduction of the Site and its content, by any means whatsoever, without the express prior authorization of APG, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code. Acceptance of these GTC constitutes acknowledgment by the Customer of APG‘s intellectual property rights and a commitment to respect them.
For any complaints, please contact customer service at the postal address or email of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that they can, in any case, resort to conventional mediation, through existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/ index.cfm?event=main.home.show
All disputes related to the purchase and sale transactions concluded under these GTC, which have not been the subject of an amicable resolution between the Seller or through mediation, will be submitted to the competent courts under common law conditions.
THESE GENERAL TERMS AND CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND APG ARE GOVERNED BY FRENCH LAW.
IN CASE OF DISPUTE, ONLY FRENCH COURTS WILL HAVE JURISDICTION.
However, before any recourse to arbitration or state judge, the Customer is invited to contact APG‘s complaint service.
If no agreement is reached or if the Customer justifies having previously attempted to resolve their dispute directly with APG through a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict related to this contract, including its validity. To initiate this mediation, the Customer can contact APG‘s mediator via postal mail at the following address 94, rue Notre Dame des Champs, 75006 Paris – or by email: inquiries@arianeparayre.com. The party wishing to initiate the mediation process must inform the other party by registered letter with acknowledgment of receipt, stating the elements of the conflict. Mediation is not mandatory, and either the Customer or APG can withdraw from the process at any time.
These GTC and the operations arising therefrom are governed by and subject to French law.
These GTC are written in both French and English.
These General Terms and Conditions of Sale apply to all purchases made online on the Site, as long as the Site is available online.
The General Terms are precisely dated and may be modified and updated by APG at any time. The applicable General Terms are those in effect at the time of the Order. Changes made to the General Terms will not apply to Products already purchased.