GTC | Arts Set

GENERAL CONDITIONS of SALE / PAYPAL PAYMENT

ARTS-SET

The head office:

50, avenue des Champs-Élysées

75008-PARIS-FRANCE

Siret: 35250656200045 - APE: 4791B

Phone: 07 88 09 62 61

(Landline rate)

Preamble

The entire website www.arts-set.com is the property of Arts-Set, together with all rights relating thereto.

Any reproduction, in whole or in part, is systematically subject to the prior authorization of the owners.

However, hyperlinks to the website are permitted without any specific request.

1. Acceptance of the Terms and Conditions

The customer acknowledges that, at the time of placing the order, they have read the specific terms and conditions of sale set out in these General Terms and Conditions of Sale and expressly declares that they accept them without reservation.

These General Terms and Conditions of Sale govern the contractual relationship between Arts-Set and its customer, both parties accepting them without reservation.

These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless otherwise expressly agreed in advance and in writing.

2. Products

The photographs illustrating the products are not contractually binding.

If any errors have been included therein, Arts-Set shall under no circumstances be held liable as a result.

The majority of the products offered to its customers by Arts-Set are available at its premises.

3. Orders

The Products and services offered on the Website are reserved for adults (or minors holding authorization from their legal representative allowing them to place an order on the Website) who have full legal capacity to place orders on the Website.

We reserve the right to request proof of identity from You at any time confirming your age and/or the aforementioned authorization from your legal representative.

We reserve the right not to process an order and/or to remove from our customer/prospect database any Buyer who has failed to respond to the above request or who has not complied with the principles set out in this clause.

It is specified that the Products are intended for the Buyer's personal use and must not be related to the Buyer's professional activity, including any resale of the product.

The lists of ingredients contained in our branded products are regularly updated. Before using a product from our brand, you are invited to read the list of ingredients shown on its packaging, as well as the technical data sheets available on the Website, in order to ensure that the ingredients are suitable for your personal use.

Any order implies full and unconditional acceptance of these General Terms and Conditions of Sale.

Automatic recording systems shall be deemed to constitute evidence of the nature, content and date of the order.

Arts-Set shall confirm acceptance of the customer's order at the email address provided by the customer.

The sale shall only be concluded upon payment of the order.

Arts-Set reserves the right to cancel any order placed by a customer with whom there is a dispute relating to a previous order.

The information provided by the Buyer when placing an order is binding upon the Buyer.

In the event of an error in the recipient's contact details, the seller shall not be held liable for any inability to deliver the product.

4. Prices

The prices of our products are stated in euros, including VAT and excluding shipping costs.

VAT only applies to countries within the European Union.

The products shall remain the property of Arts-Set until full payment of the purchase price has been received.

Arts-Set reserves the right to change its prices at any time.

However, the products will be invoiced on the basis of the prices applicable at the time the orders are registered, subject to availability.

5. Availability

Our product and price offers are valid subject to stock availability.

However, if a product becomes temporarily unavailable after an order has been placed, Arts-Set undertakes to inform the customer.

The customer may then choose either to accept an additional delivery period (an average period of 7 days, subject to availability from our suppliers) or to cancel the order and receive a refund of the order amount by bank transfer or PayPal credit.

6. Payment

The price charged to the customer is the price indicated on the website www.arts-set.com.

The price of the products is payable in full on the day the order is placed.

Payment shall be made using the payment method or methods specified on the Website in the order section.

An order validated by the customer shall only be considered effective once the relevant banking payment centers have approved the transaction.

In the event of refusal by the said payment centers, the order shall be automatically cancelled and the customer shall be notified by email.

Furthermore, Arts-Set reserves the right to refuse any order from a customer with whom there is an existing dispute.

7. Delivery and Shipping Costs

The order shall be delivered to the delivery address indicated by the customer when placing the order.

The average order processing time (preparation of the parcel and handover to the postal service for dispatch) is approximately 3 business days.

The average delivery time by postal service is 48 hours (business days).

These delivery times are provided for information purposes only and are not contractually binding.

For an order of less than EUR 80 including VAT, the cost of preparation and delivery is EUR 8.00 including VAT.

For an order exceeding EUR 80 including VAT, shipping is free of charge within mainland France.

For shipments to the French overseas departments and territories (DOM-TOM) and other destinations, shipping costs shall be calculated based on the actual cost after receipt of the order and shall be subject to an additional payment.

Arts-Set shall under no circumstances be held liable if a customer fails to collect or otherwise leaves their delivered parcel unclaimed.

If a parcel is returned for this reason, the reshipping costs shall be charged to the customer.

The Buyer may under no circumstances claim reimbursement of shipping costs due to delays in delivery, as the delivery times provided are indicative only.

Likewise, any delays in delivery shall not entitle the Buyer to cancel the sale, refuse all or part of the goods, or claim damages.

In the event that products are damaged during transportation, this must be reported to La Poste:

a claim must be filed with the postal services in order to obtain replacement of the damaged products.

Photographs of the damaged parcel or of the damaged or disputed products must be provided in support of the claim.

It is expressly agreed that ownership of the ordered goods shall transfer to the Buyer as soon as the goods leave our premises.

The Buyer accepts all risks, including in particular those relating to transportation and the proper receipt of the parcel.

Parcels are transported by La Poste.

In the event that a product is missing from a parcel due to a stock shortage or any other cause beyond our control, the missing product or products shall either be delivered with a subsequent order or refunded.

8. Disputes

Arts-Set shall not be held liable for damages of any kind, whether material, non-material or bodily, that may result from improper use of the products sold.

Arts-Set's liability shall be limited to the amount of the order and shall not be incurred for simple errors or omissions that may have remained despite all precautions taken in the presentation of the products.

It is hereby recalled that seeking an amicable settlement does not interrupt the “short period” applicable to the statutory warranty, nor the duration of the contractual warranty.

It is hereby recalled that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to the contractual warranty presupposes that the Buyer has fulfilled their financial obligations towards the Seller.

Complaints or disputes shall always be received with attentive consideration, as good faith is always presumed on the part of anyone who takes the trouble to explain their situation.

In the event of a dispute, the customer shall first contact the company in order to seek an amicable settlement.

NB: Special orders, made-to-measure orders, orders outside our sales catalogue and requiring the intervention of an independent laboratory (research, sampling or provision of a finished product) may under no circumstances be returned to us. In view of their specific nature, no complaints or disputes relating thereto may be accepted.

If you have been unable to resolve your dispute after sending us a written complaint (by post or email), dated and setting out the circumstances that gave rise to the dispute and the remedy you are seeking, you may refer the matter to the consumer mediator designated below if you have received a negative written response from us or if you have not received a response within two months of sending your complaint.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has established a consumer mediation procedure.

The designated mediation entity is:

MÉDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV

In the event of a dispute, you may submit your complaint via its website:

www.medconsodev.eu

or by post to:

MÉDIATION CONSOMMATION DÉVELOPPEMENT

C/O Centre d’Affaires Stéphanois SAS

IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE

3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE

Online Dispute Resolution (Online Sales)

In accordance with Article 14 of Regulation (EU) No. 524/2013, consumers may also use the European Online Dispute Resolution platform, available at the following address:

European Online Dispute Resolution platform

9. Warranty

In all cases, Arts-Set shall not be held liable for failure to comply with the regulatory and legislative provisions in force in the country of receipt. Arts-Set's liability shall in all cases be limited to the value of the product concerned, based on its value on the date of sale.

In any event, the customer benefits from the statutory warranty against eviction and latent defects (Articles 1625 et seq. of the French Civil Code).

Provided that the Buyer proves the existence of the latent defect, the Seller is legally required to remedy all resulting consequences (Articles 1641 et seq. of the French Civil Code).

If the Buyer brings the matter before the courts, they must do so within a “short period” from the discovery of the latent defect (Article 1648 of the French Civil Code).

10. Return and Refund of Products

Products may be returned by the Buyer under the conditions and in accordance with the instructions set out below:

Products must be returned to Arts-Set in perfect, resaleable condition, in their original condition, unopened, with the cellophane wrapping intact and sealed (packaging, accessories, instructions, etc.).

Arts-Set accepts the return of any item purchased on the Website provided that it is returned within 14 days from the date on which the Buyer received their order.

The refund shall apply only to the amount paid for the products concerned.

In addition, the order preparation costs and the actual shipping costs charged by Arts-Set shall be deducted from the amount refunded to the Buyer for the products.

The shipping costs for the return parcel shall also be borne by the Buyer.

Any complaint concerning an error in the products delivered or a problem with the condition of the products upon receipt must be submitted by email within a maximum period of 48 business hours following receipt of the parcel.

After this period, no complaint may be taken into consideration.

Furthermore, in the event of damaged products, digital photographs evidencing the damage observed must be attached.

If a parcel is damaged, a complaint must be filed with the post office responsible for the customer's area, and a copy of this complaint must be sent to us.

To return an item, the Buyer must follow the instructions below:

Use the original packaging to return the products intact and unopened.
Enclose a copy of the proof of payment. Returns without a copy of the proof of payment will not be accepted.
Send the parcel to the following delivery service:

Rider Company

Service Expédition France

50, avenue des Champs-Élysées

75008 PARIS – FRANCE

11. Business Relations

All business communications, whether relating to orders, payment, shipment tracking, commercial information or general information, shall be conducted exclusively by email.

Telephone requests shall neither be taken into consideration nor processed.

For order tracking and all other information: contact@arts-set.com

12. Liability

Arts-Set shall not be held liable for failure to perform the contract in the event of a stock shortage or unavailability of the product due to force majeure, disruption, or a total or partial strike, particularly affecting postal services, means of transport and/or communications.

Arts-Set shall not be held liable for any indirect damages that may arise from the purchase of the products.

Arts-Set disclaims all liability:

for any interruption of the Website;
for the occurrence of bugs;
for any inaccuracy or omission relating to information available on this Website;
for any damage resulting from a fraudulent intrusion by a third party that has led to a modification of the information made available on the Website;
and, more generally, for any direct or indirect damage, regardless of its causes, origins, nature or consequences, including in particular any costs that may arise from the acquisition of goods offered on the Website, loss of profits, loss of customers, loss of data or any other loss of intangible assets that may arise from anyone's access to the Website or inability to access it, or from reliance on any information originating directly or indirectly from the Website.

Customers are required to familiarize themselves with the precautions for use of the products sold on this Website and to inform any third party to whom they may provide these products of such precautions.

13. Legal Information

The provision of the personal information collected for the purposes of distance selling is mandatory, as such information is essential for the processing and delivery of orders and for the issuance of invoices.

Failure to provide such information will result in the order not being validated.

In accordance with the French “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the French Data Protection Authority, the Commission Nationale de l'Informatique et des Libertés (CNIL), under registration number 1256485.

Pursuant to Article 34 of the French law of 6 January 1978, the customer has the right to access, modify, rectify and delete the personal data concerning them. This right may be exercised by contacting Arts-Set.

Arts-Set undertakes not to disclose its customers' contact details to any third party, whether free of charge or for consideration.

MDS and Technical Data Sheets available upon request.

In accordance with Articles L. 211-4 et seq. of the French Consumer Code, the Seller is required to deliver goods that conform to the order placed by the Buyer and is liable for any lack of conformity existing at the time of delivery.

For the purposes of this requirement, the goods must:

1° Be fit for the purpose normally expected of similar goods and, where applicable:

correspond to the description provided by the Seller and possess the qualities presented by the Seller to the Buyer in the form of a sample or model;
possess the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, the producer or their representative, particularly in advertising or on the labelling;

2° Or possess the characteristics agreed upon by the parties or be fit for any specific purpose sought by the Buyer, brought to the Seller's attention and accepted by the Seller.

Likewise, pursuant to Article 1641 of the French Civil Code, the Seller is liable under the warranty for latent defects in the goods sold which render them unfit for their intended use, or which so substantially impair such use that the Buyer would not have purchased them, or would have paid a lower price, had they been aware of the defects.

If the Products delivered do not conform to the Products ordered by the Buyer or if they have latent defects, the Buyer must send an email to the Seller's Customer Service Department notifying them of the lack of conformity or the latent defects affecting their Product(s).

In accordance with Article L. 211-12 of the French Consumer Code and Article 1648, paragraph 1, of the French Civil Code, the Buyer has a period of two (2) years from the delivery of the purchased Products to exercise the statutory warranty for lack of conformity or the warranty for latent defects.

Any claim made after this two (2) year period, calculated from the date on which the goods were taken into possession in the event of a lack of conformity, or from the discovery of the defect in the case of latent defects, shall be rejected and the Seller shall be released from any liability.

The Seller's Customer Service Department shall acknowledge receipt of the Buyer's request and confirm the procedure to be followed.

Upon receipt of the instructions from the Seller's Customer Service Department, the Buyer shall return the non-conforming Products or Products affected by a latent defect to the Seller.

The Product(s) must be returned in full, unused, in their intact original packaging, together with their original packaging, the return form provided by the Seller's Customer Service Department and the invoice.

Furthermore, the Seller does not accept parcels sent carriage forward or with payment due upon delivery.

All risks associated with the return of the Product(s) shall be borne by the Buyer.

Upon receipt of the Product(s) presumed to be non-conforming or affected by a latent defect, the Seller shall inspect the Product(s) in order to determine whether or not they conform to the applicable requirements.

The Seller may also carry out a quality test on the Product(s) returned by the Buyer in order to verify that the returned

Product(s) are indeed original products.

It is understood that these inspections shall be carried out as soon as possible and within a maximum period of one (1) month.

If the non-conformity of the Product(s) is confirmed or the latent defect is established, the Seller shall, at the Buyer's choice:

either refund the price of the non-conforming Product(s) or Product(s) affected by a latent defect, together with the shipping costs, using the payment method used by the Buyer, within fourteen (14) days of receipt of the non-conforming Product(s);
or exchange the non-conforming Product(s) or Product(s) affected by a latent defect at the Buyer's request.

The shipment of the Product(s) to the Buyer shall be carried out at the Seller's expense and in accordance with the terms and conditions of these General Terms and Conditions of Sale.

LEGAL TERMS AND CONDITIONS

An email address is available to you 24 hours a day:

TERMS AND CONDITIONS

By using our website, accessible via the URL www or any other website operated by Arts-Set, you expressly accept the Terms of Use and acknowledge that you have been informed of the following:

Website operator: Arts-Set® France

Registered Office: 50, avenue des Champs-Élysées, 75008 PARIS – FRANCE

SIRET: 31118367700054 - APE: 4791B

Publication Director: Mme Tries.

Article 1: Access to the Website

Access to and use of our website www.arts-set.com (hereinafter referred to as the “Website”) are reserved for personal or professional purposes.

The information contained on the French Website is valid only for mainland France.

For information concerning other Arts-Set websites, please refer to the corresponding websites.

The information contained on the Website may be modified at any time without prior notice.

Arts-Set may also restrict, suspend or terminate Internet users' access to all or part of the Website.

Article 2: Intellectual Property

All elements contained on the Website (images, films, sounds, characters or sequences of characters) and, more generally, the Website as a whole, are protected under French copyright legislation.

In this respect, the Website and all of its elements are and shall remain the exclusive property of Arts-Set.

They may not be used, modified, copied or altered without Arts-Set's prior written consent.

Failing this, Arts-Set may hold the Internet user(s) concerned liable.

Article 3: Personal Data / Privacy

In connection with the operation of the Website, Arts-Set may collect and process a certain amount of personal data provided by Internet users.

It is expressly agreed that Internet users must provide truthful and accurate information, failing which their access to the Website may be suspended or even terminated.

In accordance with the provisions of French Law No. 78-17 of 6 January 1978, Internet users have the right to access, rectify and modify their personal data, as well as the right to object to the processing thereof.

These rights may be exercised by sending us a letter containing your surname(s), first name(s), contact details and a copy of an identity document to the following address:

Arts-Set
50, avenue des Champs-Élysées
75008 PARIS – FRANCE

However, since the information provided is essential for processing and delivering orders placed on the Website, as well as for issuing the corresponding invoices, deletion of such information will result in the cancellation of orders currently being processed.

Unless you object, Arts-Set may:

use your personal data to personalize its promotional or advertising offers; and
transfer your personal data to its business partners.

Furthermore, if you have accepted this when registering or while browsing the Website, advertising and/or promotional emails may be sent to you.

In accordance with these Terms of Use, you may at any time request to stop receiving these promotional emails by clicking on the link provided for this purpose at the bottom of each of the aforementioned emails.

Furthermore, you are expressly informed that, while browsing the Website, a cookie may be placed on your computer in order to record browsing information such as your connection dates and times and the pages of the Website visited, and to facilitate subsequent connections.

In any event, you may refuse the installation of this cookie on your computer by modifying your browser settings.

Finally, Arts-Set may, with the assistance of your Internet service provider, use your IP address, which may enable you to be identified, in order to enforce these Website Terms of Use or comply with any instructions issued by public authorities.

♻️ Information Relating to Extended Producer Responsibility (EPR)

In accordance with the AGEC Law (Law No. 2020-105 of 10 February 2020 relating to the prevention of waste and the circular economy), the company R is registered with the approved organization under the following number:

Unique EPR Identifier:

This identifier confirms our compliance with the regulatory obligations relating to the management of waste resulting from the products we place on the market.

Formulaire de rétractation

GENERAL CONDITIONS of SALE / PAYPAL PAYMENT