General conditions of sale
Preamble
These Terms and Conditions apply to all sales on the website artexfabrics.com.
The website artexfabrics.com is a service of:
· Society G.A.M.T. TEXTILE FRANCE
· located 15 Rue de l'Avenir 69740 Genas, France
· Website URL: artexfabrics.com
· e-mail: contact@artexfabrics.com
· telephone number: 06 95 16 49 56
The website artexfabrics.com commercializes the following products: Wholesale vendor in Genas.
The customer states that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order is therefore valid for acceptance of the general conditions of sale.
Article 1 - Principles
These terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These General Conditions of Sale apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing channels.
They are available on the website artexfabrics.com and, where appropriate, shall prevail over any other version or other contradictory document.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to change its terms and conditions on time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the existing practices in the distance selling sector of which the companies have their registered office in Luxembourg France.
These terms and conditions of sale are valid until _________________.
Article 2 - Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website artexfabrics.com.
These conditions apply only to purchases made on the site of artexfabrics.com and delivered exclusively in mainland or Corsica. For deliveries to DOM-TOM or abroad, a message should be sent to the following e-mail address: contact@artexfabrics.com.
These purchases concern the following products: Wholesale seller of fabrics in Genas.
Article 3 - Pre-contractual information
The buyer acknowledges that, prior to the placing of his order and the conclusion of the contract, he has communicated in a legible and understandable manner these general conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
The following information shall be transmitted to the purchaser in a clear and understandable manner:
- the essential characteristics of the property ;
- the price of the good and/or the method of calculating the price ;
- where applicable, all additional transport, delivery or postage charges and any other charges payable ;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the property, whatever its price ;
- information relating to the identity of the seller, its postal, telephone and electronic contact details and its activities, those relating to legal guarantees, the functionality of digital content and, where appropriate, its interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the option of placing his order online, from the online catalogue and using the form contained therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer will have to accept, by clicking on the location indicated, these terms and conditions. He will also have to choose the address and method of delivery, and finally validate the method of payment.
The sale will be considered final:
- after sending to the buyer confirmation of acceptance of the order by the seller by e-mail ;
- and after receipt by the seller of the entire price.
Every order is valid for acceptance of the prices and description of the products available for sale. Any dispute on this point will arise in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as failure to pay, incorrect address or other problem in the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding the follow-up of an order, the buyer can call the following telephone number: 06 95 16 49 56 (cost of a local call), at the following days and times: Tuesday 09:00–17:00 Wednesday 09:00–17:00 Thursday 09:00–17:00 Friday 09:00–17:00 Saturday Closed Sunday Closed Monday 09:00–17:00, or send an email to the seller at the following email address: contact@artexfabrics.com.
Article 5 - Electronic signature
The on-line supply of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:
- the payment due for the purchase order ;
- signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 06 95 16 49 56.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 - Proof of transaction
Computerised records, kept in the seller's computer systems under reasonable security conditions, will be considered evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 - Product information
The products governed by these Terms and Conditions are those on the seller's website and are indicated as sold and shipped by the seller. They are available within the limits of available stocks.
The products are described and presented with the greatest possible accuracy.However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros.They do not include delivery costs, which are charged in addition and indicated before the order is validated.Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, including environmental taxes, are created or modified, up or down, this change may be reflected in the selling price of the products.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order involves a buyer's settlement.
To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website.The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment.The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
Payment of the price shall be made in full on the day of the order, as follows:
- bank card
- paypal
- payment
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of available stocks, those indicated below.Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in France Metropolitan and Corsican, the deadline is 3 to 5 working days from the day following the day the buyer placed his order, according to the following modalities: Colissimo , Mondial Relay, UPS. No later than 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer shall, before breaking the contract, direct the seller to perform the contract within a reasonable additional period.
In the absence of performance on the expiry of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be deemed to be settled upon receipt by the seller of the letter or writing informing him of the resolution, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The purchaser will then have the option to request either the refund of the amounts paid within 14 days of their payment or the exchange of the proceeds.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the property. The products ordered shall be delivered in accordance with the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (packs refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.).
This verification shall be deemed to be carried out if the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days after receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this time limit cannot be accepted. The return of the product can only be accepted for the products in their original condition (packaging, accessories, package leaflet...).
Article 13 - Delivery errors
The buyer shall make any claim to the seller on the same day of delivery or at the latest on the first working day following delivery of the goods in respect of the goods in kind or in good standing in relation to the particulars on the order form. Any claims made beyond this time limit will be rejected.
The claim may be made, at the option of the buyer:
- by telephone at the following number: +33695164956 ;
- by e-mail to the following address: contact@gamt-france.com.
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and will send it to the buyer by e-mail. The exchange of a product may take place only after the exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 15 Rue de l'Avenir, 69740 Genas.
Return costs are borne by the seller.
Article 14 - Guarantee of products
14-1 Legal guarantee of compliance
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make an application under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the issue of the property to act ;
- the purchaser may choose between repair or replacement of the property, subject to the cost conditions laid down in Article L. 217-17 of the Consumer Code ;
- the purchaser does not have to prove the non-conformity of the property during the 24 months in the case of new property (12 months in the case of second-hand goods), following the delivery of the property.
14-2 Legal guarantee of hidden defects
In accordance with articles 1641 et seq. of the Civil Code, the seller is the guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the property and are such as to render the property unfit for its intended use. This guarantee must be implemented within two years of the discovery of the defect.
The buyer may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Commercial guarantee
The products sold are also covered by a commercial guarantee to ensure their compliance and ensure the refund of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any items not suitable for him and request the exchange or refund without penalty, except for the return costs which remain at the buyer's expense.
Returns are to be made in their original and complete condition (package, accessories, notice...) allowing them to be re-marketed in the new state, accompanied by the purchase invoice.
Damaged, dirty or incomplete products are not included.
The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased shall be refunded and the cost of delivery shall be refunded.
Return costs are borne by the buyer.
The exchange (subject to availability) or refund shall be made within 48 hours, and no later than 14 days from the receipt by the seller of the products returned by the buyer under the conditions specified above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period ;
- the supply of goods manufactured according to consumer specifications or clearly personalized ;
- provision of goods likely to deteriorate or perish rapidly ;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
- supply of goods which, after delivery and by their nature, are inextricably mixed with other articles ;
- supply of alcoholic beverages whose delivery is delayed beyond 30 days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader ;
- maintenance or repair work to be carried out in an emergency at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and works strictly necessary to respond to the emergency ;
- provision of audio or video recordings or computer software when unsealed by the consumer after delivery ;
- supply of a newspaper, periodical or magazine, except for contracts for subscription to such publications ;
- the provision of digital content not supplied on a material medium, the execution of which has begun after the consumer's express prior consent and the express waiver of his right of withdrawal.
Article 16 - Major Force
Any circumstances beyond the control of the parties preventing performance under normal conditions of their obligations shall be considered as causes of exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above circumstances shall immediately notify the other party of their occurrence and of their disappearance.
Any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them, shall be considered as cases of force majeure, despite all reasonable efforts. Specifically, they are considered to be cases of force majeure or fortuitous, in addition to those usually retained by the case law of French courts and tribunals: blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come closer to examine the impact of the event and agree on the conditions under which performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights in this content.
Buyers undertake not to use this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of infringement.
Article 18 - Computers and freedoms
The nominative data provided by the buyer are necessary for the processing of the order and the drawing up of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a right of permanent access, modification, rectification and opposition with respect to information about him. This right may be exercised under the conditions and in the manner defined on the site artexfabrics.com.
Article 19 - Partial invalidation
If one or more provisions of these General Conditions are held invalid or declared to be invalid by law, regulation or by a final decision of a competent court, the other provisions shall remain in full force and scope.
Article 20 - Non-denunciation
The failure of one of the parties to avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty in interpreting any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These terms and conditions of sale are in French. If translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer may resort to conventional mediation, including through the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution mechanism (e.g. conciliation) in the event of a dispute. The names, contact details and email address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute settlement platform, facilitating independent out-of-court settlement of online disputes between consumers and EU professionals. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case both for substantive rules and for formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data collected on this site are as follows:
- account opening: when creating the user's account, its surname; first name; e-mail address; telephone number; postal address ;
- connection: when the user connects to the website, the website records, inter alia, his or her surname, first name, connection, use, location and payment data ;
- profile: the use of the services provided on the website allows to inform a profile, which may include an address and a telephone number ;
- payment: in connection with the payment of products and services offered on the website, the website records financial data relating to the user's bank account or credit card ;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are kept temporarily ;
- cookies: cookies are used as part of the use of the website. The user can disable cookies from the settings of his browser.
Use of Personal Data
The purpose of personal data collected from users is to make the website services available, improve them and maintain a secure environment. Specifically, the uses are:
- user access and use of the website ;
- operation management and website optimization ;
- organization of the terms of use of the Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility to communicate with other users of the website ;
- implementation of user assistance
- customization of services by displaying advertisements according to the user's browsing history, according to his preferences ;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents ;
- management of potential disputes with users ;
- sending commercial and advertising information according to user preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
- when the user uses payment services, for the implementation of these services, the website is linked to third-party banking and financial companies with which it has contracts ;
- where the user publishes publicly available information in the free comment areas of the website ;
- when the user allows a third party's website to access its data ;
- where the website uses provider services to provide user support, advertising and payment services. These providers have limited access to the user's data in the course of the performance of these services and have a contractual obligation to use them in accordance with the relevant rules on the protection of personal data ;
- if required by law, the website may transmit data in response to complaints against the website and comply with administrative and judicial procedures ;
- if the website is involved in a merger, acquisition, disposal of assets or judicial reorganization proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical measures for digital security to protect personal data against unauthorized alterations, destruction and access. However, it should be noted that the Internet is not a fully secure environment and the website cannot guarantee the security of transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the rules applicable to personal data, users have the following rights, which they can exercise by applying to the following address: contact@artexfabrics.com.
· the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
· the right to rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
· the right to delete data: users may request the deletion of their personal data in accordance with applicable data protection laws.
· the right to restriction of processing: users may request the website to limit the processing of personal data in accordance with the assumptions set out in the GDPR.
· the right to object to data processing: users may object to the processing of their data in accordance with the assumptions set out in the GDPR.
· the right to portability: they may request that the website provide them with the personal data provided to them for transmission to a new website.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she may delete his or her account.
Appendix:
Revocation form
(to be determined by the consumer,
and to send by recomanded letter with acknowledgement of receipt,
within the maximum period of 14 days from the date of conclusion of the contract of performance)
Revocation form
To the attention of:
G.A.M.T. TEXTILE FRANCE
located at : 15 Rue de l'Avenir, 69740 Genas
telephone number: 06 95 16 49 56
e-mail address: contact@artexfabrics.com
I hereby notify you of my withdrawal from the contract relating to ...................., ordered on ................................
First name and consumer name: .................
Consumer address: .................
Date: ..................
Consumer signature