TERMS OF SALES
ARTICLE 1 - LEGAL NOTICES
1.1. Editor
You are currently connected to the website www.artepot.com.
Published by O2DIS, SAS, share capital €330,400, RCS de Lille Métropole B 518039524
Head office: 2 rue de la Carnoy, 59130 Lambersart, France
Telephone: +33366881040 - Email: contact@artepot.com
Intracommunity VAT number: FR07518039524
Publication director and editorial manager: Melvyn LINLEY.
1.2. Host
The Site is hosted by Amazon whose head office is 67 BOULEVARD DU GENERAL LECLERC, 92110 Clichy using the Shopify solution.
ARTICLE 2 – SCOPE OF APPLICATION
These General Conditions of Sale apply to any purchase by a professional (hereinafter the “Customer”) on the website www.artepot.com (hereinafter the “Site”) from O2DIS, (hereinafter the " Seller ").
These General Conditions of Sale are intended to govern the sale and delivery of Products ordered by professional Customers from the Seller.
They are accessible and printable at any time via a hyperlink available on the Site.
Any Order for Products necessarily implies unreserved acceptance by the Customer of these General Conditions of Sale.
ARTICLE 3 – DEFINITIONS
- “Customer”: any person, natural or legal, under private or public law, registered on the Site.
- “Artepot.com”: O2DIS SAS, in its capacity as publisher of the Site.
- “Product”: goods of any kind sold on the Site.
- “Site”: website accessible at the URL www.artepot.com, as well as the subsites, mirror sites, portals and URL variations relating thereto.
ARTICLE 4 – PURPOSE
These General Conditions of Sale govern the sale of Products by the Seller to professional Customers via the Site.
The Client is clearly informed and acknowledges that the Site is intended only for professionals.
Consequently, the Customer undertakes to purchase the Products for his professional use.
ARTICLE 5 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The Customer undertakes to carefully read these General Conditions of Sale and expressly accept them, before paying for an Order for Products placed on the Site with the Seller.
The General Conditions of Sale are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the Order.
The Customer is invited to carefully read, download and print the General Conditions of Sale and to keep a copy.
The Seller advises the Customer to read the General Conditions of Sale for each new Order, the latest version of said General Conditions of Sale applying to any new Order for Products.
By clicking on the first button to place the Order and then on the second to confirm said Order, the Customer acknowledges having read, understood and accepted the General Conditions of Sale without limitation or condition.
ARTICLE 6 – PRODUCTS
The essential characteristics of the Products are described for each Product in the online catalog. They were presented to the Customer prior to the order, as part of the pre-contractual information communicated to him.
ARTICLE 7 – CUSTOMER ACCOUNT
7.1. Creation of the customer account
The creation of a customer account is an essential prerequisite for any order from a Customer on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for creating the customer account. Refusal by a Customer to provide said information will have the effect of preventing the creation of the customer account as well as, incidentally, the validation of the order.
During creation, the Customer is asked to choose a password. This password guarantees the confidentiality of the information contained in the customer account. The Internet user therefore refrains from transmitting it or communicating it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The Customer undertakes to carry out regular verification of the data which concerns him and to carry out the necessary updates and modifications online, from his customer account.
7.2. Customer Contributions
Customers are offered the option of contributing to the content of the Site by publishing comments on their use of the Products and their relationship with the Seller. Comments must be made in French. They will be subject to validation by the Seller or its team of moderators.
By clicking on the “Validate” tab, in order to publish his comment, the Customer grants a non-exclusive copyright license free of charge to the Seller relating to said comment. As such, the Customer authorizes the Seller to communicate to the online public, in whole or in part, its comment on the Site, the Seller's newsletters and the sites of its partners. The Customer authorizes the Seller to reproduce his comment for the purposes of communicating it to the public online and creating communication and promotional materials for the Site. The Customer authorizes the Seller to translate his comment into any language for the purposes of communicating it to the online public and reproducing it on its commercial and promotional media. The right of adaptation also includes the right to make modifications technically necessary for the exploitation of the comment in other formats. This license is granted for commercial and advertising use. It is granted for the entire duration of the rights, for exploitation in France and abroad.
The Client declares that he has the intellectual property and the necessary authorizations to publish his comment. The Customer undertakes to intervene in any request from the Seller in any proceedings initiated against the latter as a result of his comment and to guarantee him against any costs and convictions pronounced against him as a result, including any legal fees. .
7.3. Deletion of customer account
the Seller reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least a year. Said deletion will not be likely to constitute a fault on the part of the Seller or damage to the excluded Customer, who will not be able to claim any compensation as a result.
This exclusion is without prejudice to the possibility, for the Seller, of taking legal action against the Customer, when the facts justify it.
ARTICLE 8 – ORDER STEPS
8.1. Order
In order to place an order, Internet Users will be able to select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
8.2. Validation of the order by the Internet user
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Site by completing the registration form using their personal information.
8.3. Confirmation of the order by the Seller
Once payment has actually been received by the Seller, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Seller undertakes to send the Customer an email summarizing the order and confirming the processing, including all the related information.
8.4. Billing
During the Order procedure, the Customer must enter the information necessary for invoicing. (The sign (*) will indicate the mandatory fields that must be completed for the Customer's Order to be processed by the Seller).
The Customer must in particular clearly indicate all information relating to delivery, in particular the exact delivery address, as well as any possible access code to the delivery address.
The Customer must also specify the chosen payment method.
The Seller will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
ARTICLE 9 – PRICE
For all Products, the Customer will find prices displayed in euros excluding taxes (HT) and in euros all taxes included, as well as the applicable Delivery costs (depending on the weight of the package, excluding packaging and gifts, the address of Delivery and the carrier or mode of transport chosen).
Prices including VAT include in particular Value Added Tax (VAT) at the rate in effect on the date of the Order. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Products sold.
The prices of the Seller's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of offers, discounts or special sales.
The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer.
ARTICLE 10 – Payment
10.1. Means of payment
The Customer can pay for their Products online on the Site by card, check and bank transfer. Payments by credit card are made using secure transactions provided by PAYBOX.
In the context of payments by bank card, the Seller does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by check or bank transfer, delivery times only begin to run from the date the payment is received by the Seller.
10.2. Refusal of payment
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the Customer proves impossible, the Order will be canceled and the sale automatically terminated.
10.3. Late payment
Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.
Any amount not paid by the due date appearing on the invoice automatically entails the application of penalties for late payment, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation increased of 10 percentage points, in accordance with article L441-10 of the Commercial Code.
As a penalty clause, any unpaid due date for whatever reason will result, after sending a formal notice to pay by the Seller, in the automatic payment of a penalty set at 20% of the unpaid amount. with a minimum of one hundred euros.
Any Customer in a situation of late payment is automatically liable to the creditor for fixed compensation for recovery costs in the amount of 40 euros. When recovery costs incurred exceed the amount of this fixed compensation, the Seller may request additional compensation, upon justification.
ARTICLE 11 – TRANSFER OF PROPERTY
The Seller remains the owner of the Products delivered until their full payment by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time when the latter or a third party designated by him takes physical possession of this Product, of the risks of loss or damage to the Products subject to the reservation of property as well as the risks of damage that they may cause.
In the event of delivery to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier.
ARTICLE 12 – TRANSFER OF RISKS
Unless otherwise specifically agreed between the parties, the transfer to the Customer of the risks of theft, loss, deterioration or destruction takes place upon Delivery or in the event of handover to a carrier upon handing over of the goods to the first carrier.
ARTICLE 13 – DELIVERY
13.1. Shipping cost
Delivery or provision costs will, in any case, be indicated to the Customer before any payment and only concern deliveries made in mainland France, Corsica included. For any other delivery location, it will be up to the Customer to contact customer service.
Delivery costs indicated on the Site are in euros, all taxes included.
13.2. delivery time
Orders are delivered by courier within 7 working days for products in stock.
Certain bulky products, whose weight is greater than 500kg or whose length is greater than 2.4m, may nevertheless justify a delivery time greater than 20 working days by chartered semi-trailer truck. It is the customer's responsibility to control and verify access and to provide on-site handling means for unloading the goods. Several options are possible to help you: Tailgate (as far as possible) or On-board forklift, at an additional cost. For more details, consult your sales team.
13.3. Control of the goods
In the context of home delivery, or on site, it is the customer's responsibility to fully check their order in front of the delivery person and to notify the precise reservations necessary. The absence of reservations or imprecise reservations such as “subject to unpacking”, “subject to control”, etc. will not be taken into account either by the Seller's customer service or by the carrier and will entail the responsibility of the Customer. In the event of non-compliance with these rules, the Seller disclaims all liability in the event of a dispute.
13.4. Damaged package
In the event of delivery of a clearly and visibly damaged package, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
ARTICLE 14 – PACKAGING
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
ARTICLE 15 – CUSTOMER SERVICE
The Site's customer service is accessible from Monday to Friday from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m. at the following non-premium rate telephone number: 03 66 88 10 40 by email to: contact@artepot.com or by post to address indicated in article 1 of these general conditions. In these last two cases, the Seller undertakes to provide a response within 5 working days.
ARTICLE 16 – GUARANTEES
16.1. Guarantee against hidden defects
The Seller is bound by the guarantee for hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have given it away. than a lower price, if he had known them (article 1641 of the Civil Code).
This guarantee allows the Customer, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the Product if it is returned, or to keep the Product and have part of the price returned (article 1644 of the Civil Code).
Action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect (paragraph 1 of article 1648 of the Civil Code).
16.2. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 2 years from the delivery of the Product.
As an exception, the guarantees on the structural elements of wooden carports, aluminum fences, wood and composites are 10 years against termite attack and the appearance of rot. As wood is a living material, the appearance of splits, checks, knots and splinters is not guaranteed. The guarantees on the bins are 5 years against frost.
16.3. Back
In order to implement the guarantee, it is up to the Customer to return the product to the Seller's head office address, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement.
The costs of returning the Product remain the responsibility of the Customer.
ARTICLE 17 – LIABILITY
The Seller cannot be held liable in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their Order.
The Seller's liability cannot be held responsible, or considered as having failed to comply with the General Conditions of Sale, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure such as is defined by the case law of French courts and tribunals.
Unless public order provisions to the contrary, the Seller will not be responsible for the occurrence of any damage of any nature whatsoever resulting directly or indirectly from the use or the impossibility of use of the Products and in particular:
— the Seller will not be liable for the occurrence of any special, indirect or incidental damage such as, in particular, reduction in production, loss of profits, even if the Customer has been warned of the possibility of the occurrence of such damage or losses;
— the Seller will not be responsible in the event of loss or destruction of any property, damage or expenses having their direct or indirect origin in the use, misuse or inability to use the Product by the Customer, and this in a manner independent or in combination with another product;
— the Seller will not be liable in the event of commercial loss of any nature whatsoever.
Under no circumstances may the Seller's contractual liability, as it may be incurred pursuant to these General Conditions of Sale, exceed the amount of sums paid or remaining to be paid by the Customer for the purchase of the Product in question.
It is also specified that the Seller does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
ARTICLE 18 – FORCE MAJEURE
The Seller's liability cannot be enforced if the non-execution or delay in the execution of one of its obligations described in the General Conditions of Sale results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when concluding the General Conditions of Sale and whose effects cannot be avoided by appropriate measures, prevents execution of his obligation by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the resolution of the General Conditions of Sale. If the impediment is definitive, the General Conditions of Sale are automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the above-mentioned events, the Seller will endeavor to inform the Customer as soon as possible.
ARTICLE 19 – INTELLECTUAL PROPERTY
The Customer does not have any intellectual or industrial property rights over the Products, packaging, and the Seller remains the exclusive owner of all these rights.
Any use in any manner whatsoever by the Customer of the Seller's brand or any other brand belonging to the Seller or its suppliers and manufacturers is strictly prohibited, without its express consent.
The content and structure of the Site are reserved under copyright, as well as intellectual property, for the entire world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the Intellectual Property Code is authorized.
Any reproduction or representation, total or partial, of any content present on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes an infringement which may result in civil and criminal liability for the infringer.
None of the provisions of these General Conditions of Sale may be interpreted as conferring on the Customer a license to any intellectual property right.
ARTICLE 20 – PROTECTION OF PERSONAL DATA
The Seller declares to respect and undertakes to respect the regulations relating to personal data in force in France, and in particular the European regulation on data protection of April 27, 2016 (GDPR) and the Data Protection Act of January 6, 1978 as amended.
20.1. Data collected
When creating a Customer account and/or placing an order, the Seller collects personal data for the purpose of concluding the Contract, its execution, its management and the preparation of invoices. The Seller may use personal data for commercial solicitations in accordance with the legal requirements in force. The collection is based on the execution of the Contract.
During collection, certain data must be provided and are marked with an asterisk, others are optional.
The Seller undertakes not to use the data collected for purposes other than those mentioned above (unless requested by a competent judicial and/or administrative authority).
The data is kept on an active basis for the duration of the Contract or 3 years from the last contact with the Customer, and on an archive basis for a period of 5 years, the duration of the limitation period under common law.
The recipient of the data is the Seller. The latter, however, reserves the right to transmit all or part of the personal data of its Clients to its subcontractors for the purposes of the Contract, and in particular the execution of any order.
The Seller undertakes to take all necessary precautions to preserve the security of the data communicated and, in particular, to prevent it from being distorted, damaged or from unauthorized third parties having access to it.
The Customer has the right to request from the Seller the rectification, erasure or portability of his personal data. He may also request a limitation of the processing or object to the processing of data concerning him. He has the right to withdraw his consent to the processing of his data at any time.
He can exercise his rights by sending an e-mail to the Seller to the following contact details: contact@artepot.com or a letter to 2 rue de la Carnoy, 59130 LAMBERSART, mentioning his full contact details (surname, first name, address, telephone number, address e-mail) and specifying the subject of the correspondence. He may be asked to prove his identity.
Finally, he has the possibility of submitting a complaint to the CNIL.
20.2 Cookies and other tracking technologies
During your visit to the Site, cookies may be placed on your computer, tablet or smartphone.
A “cookie” is a small text file that contains information specific to the user of the Site. It is stored on the Internet user's hard drive and can only be read by the server that provided it.
For example, cookies help the Seller to remember the Internet user's username during their next visit, to understand their interactions with the content and to improve the latter based on the information collected.
The information obtained by cookies is recorded on the server which hosts the Site.
20.3 The purpose of the cookies used
The Seller makes limited use of “cookies” in order to facilitate navigation on the Site, to optimize consultation of the Site, and to carry out audience measurements. Cookies are kept for a maximum period of thirteen (13) months.
In this case, it is:
— cookies necessary for the proper functioning of the Site:
These are cookies essential for monitoring and recording Customer Accounts on the Site. Without these cookies, certain settings of the Site may not function correctly.
— functionality cookies:
These are cookies essential for browsing the Site and allowing the choices made during visits to be memorized. The Seller can, for example, keep the geographic location in a cookie in order to offer establishments or events around this location.
— traffic analysis cookies:
These are cookies allowing the navigation of Internet users to be followed in order to establish consultation statistics and monitor the performance of the Site. This data allows the Seller to improve the Site and provide a better user experience.
If the Internet user does not want this technology to be used, he can deactivate this function in his browser software while maintaining access to the Site. This may limit your ability to use/benefit from certain features of the Site.
20.4 Cookie management
During the first session of Internet users on the Site, a cookies banner will appear on the home page. A clickable link allows you to find out more about the usefulness and operation of cookies. Continuing to browse another page of the Site or selecting an element of the Site constitutes acceptance of the use of cookies by Internet users.
At any time, the Internet user can choose to deactivate cookies. Their browser can also be configured to notify them of cookies that are placed in the browser software and ask them to accept them or not.
The Internet user can accept or refuse cookies on a case-by-case basis or refuse them systematically.
The Seller reminds that the settings are likely to modify the conditions of access to content requiring the use of cookies. The Seller also reminds that the deletion of certain cookies may modify the conditions of access to the Site.
ARTICLE 20 – VALIDITY OF THE GENERAL CONDITIONS OF SALE
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the General Conditions of Sale cannot affect their validity. Such a modification or decision in no way authorizes Customers to ignore them.
ARTICLE 21 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The General Conditions of Sale apply to all Orders placed online on the Site, as long as the Site is available online.
They are precisely dated and may be modified and updated by the Seller at any time. The applicable General Conditions of Sale are those in force at the time of the Order.
Changes made to the General Conditions of Sale will not apply to Products already purchased.
ARTICLE 22 – APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions are subject to French domestic law, excluding any international convention.
In the event of a dispute relating to these General Conditions or the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the Commercial Court of LILLE METROPOLE including in summary proceedings, notwithstanding the call for warranty or the plurality of defendants.
