Preamble
You are currently connected to the Site “https://www.risurisu-paris.com/”.
The purpose of this document is to inform you about the company and its General Terms and Conditions of Sale. These General Terms and Conditions of Sale apply to all orders placed on the website "https://www.risurisu-paris.com/" (hereinafter referred to as "the Site").
These General Conditions of Sale are concluded on the one hand between:
- The company “ARTECADO”, Individual company, whose head office is located at 2 rue pauline borghese 92200 neuilly sur seine - FRANCE, intra-community VAT identification number: SIREN 840 392 534.
Email address: contact@risurisu.fr Telephone number: +49 211 938 99990Hereinafter referred to as “ARTECADO”
And, on the other hand,
- By any natural or legal person wishing to make a purchase via the Website “https://www.risurisu-paris.com/”.
Hereinafter referred to as “the Buyer”, the “Customer” or “you”
The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector for which the companies are headquartered in France.
The Customer acknowledges having, prior to placing the order, read all of the aforementioned information and the General Conditions of Sale.
Article 1 – Purpose Fields of application
These General Conditions of Sale aim to define the contractual conditions (Rights and Obligations) between the company ARTECADO and the Customer, whether professional or consumer, within the framework of the sale of products by the company ARTECADO, carried out through its merchant Site: https://www.risurisu-paris.com/
This contract complies with current French regulations, and more specifically with Law 2004-575, known as the Law for Confidence in the Digital Economy. It also complies with OECD recommendations in the field of electronic commerce, as well as with the provisions of the Châtel Law, which came into force on June 1, 2008, and the Hamon Law, which came into force on June 13, 2014.
Important: This contract is made up of these General Terms and Conditions of Sale and the purchase order. Duration of application and modifications of the General Terms and Conditions of Sale These General Terms and Conditions of Sale are valid from July 7, 2014. This edition cancels and replaces previous versions.
ARTECADO reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice. In the event of modification, the General Terms and Conditions of Sale in force on the day of the order will be applied to each order. Thus, the Customer must be at least eighteen (18) years old, be legally capable of contracting and use this Site in accordance with the General Terms and Conditions of Sale. The resale or distribution of products purchased on https://www.risurisu-paris.com/ is strictly prohibited.
Article 2 – Availability of Products
The products and services offered by ARTECADO are presented on its Site in French. Any national of the European Community and countries complying with Directive 95/46/EC may not claim a lack of language skills as a clause for canceling the contract. Product offers and prices are valid as long as they are visible on the Site, while stocks last.
In the event of unavailability of the products after placing the order, the Customer will be informed by email or telephone as soon as possible. ARTECADO will offer to supply a similar product at the same price. In the absence of acceptance, and if the payment has already been debited, it will proceed to reimbursement within a maximum period of thirty (30) days.
Due to the specific nature of the Internet, ARTECADO does not guarantee the availability of all products and services on its Site in real time. For products not stored in its warehouse, the offers appearing on the Site are valid subject to availability from the supplier.
In this context, information on product availability is provided at the time of order confirmation. This information comes directly from suppliers. Exceptional errors or changes are beyond the control of ARTECADO and cannot be held liable.
Article 3 – Geographical area
The products sold online presented on the Site are delivered to mainland France, the countries of the European Union and Switzerland.
Article 4 – Order
Any purchase order signed by the Customer by "double click" constitutes an irrevocable acceptance which can only be challenged in the cases strictly provided for in this contract. Indeed, the "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature, within the meaning of article 1316-4 of the Civil Code. Any agreement of a quote sent by email to the Customer, and returned to the ARTECADO company with an explicit agreement also constitutes an irrevocable acceptance.
Article 5 – Order process
The Site http://www.risurisu.fr allows you to order, among other things, a selection of products from the “risurisu” brand, online via the Internet. Furthermore, all products are subject to a selection based on their quality and origin for greater customer satisfaction. The Customer who wishes to purchase a product online must follow the procedure described below. The Customer must complete the identification form on which he will indicate all the requested contact details or give his Customer number if he already has one. The Customer must complete the online order form by giving all the references of the chosen products, as well as the desired quantities. The information and details provided by the Customer when ordering are binding on him. In the event of input errors, the company ARTECADO cannot be held responsible for the consequences that this would cause and the impossibility of ensuring delivery. This clause is applicable in the event of a delay or delivery error: in this case, all costs incurred by ARTECADO for the reshipment of the order will be entirely borne by the Customer. The Customer checks the details of his order and its total price. He has the possibility to correct any errors, before confirming the order at a later stage. Validation of the order entails acceptance of the General Conditions of Sale, recognition of having had full knowledge of them and, where applicable, the waiver of the right to invoke his own conditions of purchase or other conditions.
Article 6 – Confirmation of the order
Any order placed with ARTECADO must be confirmed by the latter for the order to be definitively accepted. Indeed, ARTECADO reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or other cases provided for in this contract. Confirmation of the order will be sent by email to the Customer as soon as possible, subject to the provision by the Customer of a valid email address not subject to any restrictions on use (professional email address for example). In this specific case, ARTECADO cannot be held responsible for the non-receipt of the order confirmation including all the contractual information and providing proof of the transaction.
Article 7 – Price
Prices are valid as long as they are visible on the Site, while stocks last. ARTECADO reserves the right to modify prices at any time and undertakes to apply the rate in effect on the date of validation of the order, subject to the availability of the product ordered on that date. Prices are indicated in euros, all taxes included. They take into account the VAT applicable on the day of the order. They do not include the contribution to delivery costs invoiced in addition and which will be indicated in the order confirmation.
Article 8 – Method of payment
The company ARTECADO provides the Customer with the following payment method offering maximum security and guarantees: - By PayPal (the Customer is subject to the conditions of use of Paypal), this implies that no banking information concerning you passes through the Site of https://www.risurisu-paris.com/ Payment by credit card is therefore perfectly secure; your order will thus be recorded and validated upon acceptance of payment. The Customer guarantees to the company ARTECADO that he has the necessary authorizations within the framework of payment by Paypal, when validating the order form.
Article 9 – Retention of title
The products delivered to the Customer remain the property of ARTECADO until the Customer has paid the full price in principal and accessories, due under his order. Payment within the meaning of this clause means the actual collection of the price by ARTECADO. However, the transfer of risks takes effect upon actual delivery of the products ordered on the online store or directly for the stores. The documents provided to the Customer are governed by the Intellectual Property Code. They therefore remain the property of ARTECADO. It is therefore prohibited to reproduce, transfer, or exploit the documents provided without the consent of ARTECADO.
Article 10 – Execution of the order
ARTECADO reserves the right to refuse the order for a "legitimate reason" (as defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, abusive request from the Customer, presumption of impossibility for the Customer to contract or even clear intention for the Customer to harm ARTECADO. ARTECADO also reserves the right not to execute the order in the event of an obvious typographical error leading to the display of a "low price", even after confirmation of the order sent to the Customer. The Customer understands and accepts that he cannot claim any compensation of any kind whatsoever as a result. ARTECADO will contact the Customer to find out whether he wishes to maintain or cancel his order at the price that will be communicated to him. Finally, the company reserves the right to refuse the order in the event of a dispute with the Customer, total or partial non-payment of a previous order, or refusal of bank authorization during the online payment process. In any event, the ARTECADO company undertakes to process the order as quickly as possible in order to deliver the products ordered on the date indicated in the order form.
Article 11 – Billing
An invoice will be automatically sent to the Customer when they place their order. This invoice will be sent to the email address provided by the Customer when they placed their order, unless they indicate otherwise.
Article 12 – Delivery
As a reminder, products purchased on the Site https://www.risurisu-paris.com/ can only be delivered to mainland France, European Union countries and Switzerland. However, the following delivery addresses are not accepted: PO box, cedex, military base. The products are shipped to the delivery address(es) indicated during the order process. If the recipient of the order is absent at the time of delivery, the carrier will leave a delivery notice and the Customer or recipient has fifteen (15) days to collect the package according to the terms indicated on the delivery notice. After this period, the order will be automatically returned to the company ARTECADO, which will contact the Customer to define the conditions for a possible reshipment. The processing costs for this new delivery will then be invoiced to the Customer. Shipping costs are calculated based on the type of service chosen, the type of products purchased and the total weight, if applicable. Please refer to the delivery section of the Site. Each order will be accompanied by a summary document (information required by Article L 121-19 of the Consumer Code) stating: - the identification and contact details of the company - delivery costs - payment and delivery terms - essential characteristics of the product - price - the address to which complaints should be submitted - information relating to after-sales service Any defect or delay in delivery exceeding seven (7) working days must be reported to our Customer Service as soon as possible. In the event of a delay in shipping, an email will be sent to you. In this case, and as long as the product has not been shipped, you can always cancel your order. You will then be immediately refunded if your account has been debited. If you receive the product after canceling your order, you will return it to us complete and in its original condition to allow us, upon receipt, to proceed with its refund. You must check the conformity of the delivered goods at the time of delivery and before signing the carrier's delivery slip. You must indicate on the delivery slip and in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, etc.). This verification is considered to have been carried out as soon as the Customer, or a person authorized by them, has signed the delivery slip.
Article 13 – Right of withdrawal
In accordance with current legislation, the Customer has a period of fourteen (14) days (including public holidays and Sundays) to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs. The period of fourteen (14) days runs from the date of receipt of the products ordered. However, the Customer may not exercise this right in the following cases:
• Provision of a service the execution of which has begun or has been completed before the end of the fourteen (14) day period.
• Supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly. In the event that the Customer wishes to exercise his right of withdrawal, only products returned complete, in their original condition (packaging, accessories, etc.) and accompanied by the original purchase invoice will be accepted. Products returned incomplete, damaged or damaged by the Customer will not be accepted. The Customer will then be reimbursed within fourteen (14) days from the exercise of his right of withdrawal, provided that the latter has provided proof of shipment of the goods in question, or from the recovery of the goods by the company ARTECADO.
Article 14 – Exchange, Refund (Case of non-conformity of the order)
In the event of non-compliance with the order: error(s) in reference(s) or missing reference(s), the Customer may return the product(s) received. In this case, for the return to be accepted, the Customer must first inform Customer Service, and return the products in perfect condition, in their original condition and packaging, as soon as possible. The product(s) must be returned, accompanied by the purchase invoice, addressed to our Customer Service. Regarding the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund is to be made, it will be made within thirty (30) days following receipt of your return. The return costs may then be reimbursed upon receipt of supporting documents.
Article 15 – Guarantee The company
ARTECADO undertakes to respect its obligations regarding guarantees attached to the products sold on its site and in its various catalogs: Under the terms of 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 at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. Under the terms of 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 good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Under the terms of article L.211-12 of the Consumer Code, the action resulting from the lack of conformity is prescribed by two years from the delivery of the good. The company ARTECADO is also bound by the legal guarantee of hidden defects, within the meaning of article 1641 and following of the Civil Code which states: "The seller is bound by the guarantee for hidden defects of the thing which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them." The products sold on the Site comply with the regulations in force in France. The company ARTECADO does not guarantee the Customer against any harmful consequences that these hidden defects could have caused.
Article 16 – Customer Service
For any information or questions, our Customer Service is at your disposal. You can contact us: By phone at +49 211 938 99990; By email: contact@risurisu.fr By mail at the following address: ARTECADO - Customer Service - Sybelstrasse 45 - 40239 Düsseldorf – Deutschland (Germany).
Article 17 – Force Majeure
ARTECADO shall not be held liable under any circumstances for non-fulfillment of the order in the event of force majeure. By express agreement, the following are also considered cases of force majeure: unavailability of the product, disruptions, strikes (particularly by carriers), theft or loss by the carrier, natural disasters, war, riots, fire, stock shortages, any other natural disaster, even if the conditions of unpredictability, irresistibility and externality are not met. With regard to products purchased to meet professional needs, ARTECADO shall not incur any liability for any indirect damages resulting from these terms, operating losses, loss of profit, damages or costs, which may arise.
Article 18 – Supporting documents
All orders placed on the Site may be checked by ARTECADO. In this context, ARTECADO may be required to ask the Customer for all the supporting documents necessary for the execution of the order, identity document, proof of address, etc. These requests will be made by email or telephone.
Article 19 – Electronic signature
“Double click”: reiteration of the validation of the Order Form by the Customer. An order form completed and validated once is never taken into account without confirmation from the Customer. This confirmation can be made by means of a checkbox indicating acceptance of the General Conditions of Sale, or by means of an order confirmation message.
The “Double Click” associated with the Customer’s authentication and non-repudiation procedure when ordering and accepting these General Terms and Conditions of Sale constitutes an electronic signature within the meaning of Article 1316-4 of the Civil Code which states: “When it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act to which it relates.
The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signatory assured and the integrity of the act guaranteed, under conditions set by decree in the Council of State.
Article 20 – Liability
The ARTECADO company, in the online sales process, is only bound by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 20 – Liability
The ARTECADO company, in the online sales process, is only bound by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 21 – Conservation and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code. It is therefore carried out in compliance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems in order to ensure the conservation and integrity of the records stored in these systems.
Article 22 – Intellectual Property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, brands, designs, models, logos, graphics, etc. found on this Site are the exclusive property of the company ARTECADO and its partners, the latter not granting any license or any other right than that of consulting the Site.
Reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law, except with the prior written authorization of the company ARTECADO.
Any simple or hypertext link is strictly prohibited without the express written consent of the ARTECADO company.
Article 23 – Entire contract
These General Terms and Conditions of Sale express the entirety of the parties' obligations. No general or specific conditions communicated by the Customer may be incorporated into these General Terms and Conditions of Sale.
Article 25 – Applicable Law, Disputes
These General Conditions of Online Sale are subject to French law, in accordance with European directives, notwithstanding any rules relating to conflicts of laws.
In the event of a dispute, the parties will favor an amicable settlement.
Any dispute relating to the interpretation or execution of this contract between the company ARTECADO and a natural or legal person considered to be a consumer, will be brought before the French courts, in accordance with the provisions of articles 46 to 48 of the NCPC.
For any contractual relationship of the Business to Business type between the company ARTECADO and a legal entity, the allocation of competent jurisdictions is entrusted to the courts of the registered office of the company ARTECADO.
Article 24 – Non-waiver
The fact that the company does not take advantage of a breach by the Client of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
