General Sales Agreement

Updated on June, 14 2014

 

  1. Preamble
  2. GSA Acceptance
  3. Price
  4. Photos
  5. Payment methods
  6. Purchase order
  7. Deliveries
  8. Return and withdrawals
  9. Garantees
  10. Dispute
  11. Personal date protection
  12. Proof
  13. Records
  14. Intellectual Property Rights
  15. Law - Jurisdiction

 

Preamble

This website (hereinafter "Site") belongs to the company Arc Decoration who is the owner notably of all the related intellectual property rights.

Any reproduction, in whole or in part, of the Site is strictly forbidden unless with the prior written authorization of Arc Decoration.

The General Sales Agreement (hereinafter "GSA") is entered into between the company Arc Decoration, on the one hand, registered at the Companies House of Boulogne-Sur-Mer under the number 487 585 754, whose registered office is in France at Arques (62510) – Zone Industrielle du Lobel, and the persons wishing to purchase a product via the Site, on the other hand (hereinafter "User" or "Client").

The products delivery might occur within the mainland of France (i.e. France métropolitaine), any European country as well as in non-European countries according to the list below:

-          Afghanistan

-          Afrique du Sud

-          Algérie

-          Allemagne

-          Andorre

-          Angola

-          Antartique

-          Arabie Saoudite

-          Argentine

-          Arménie

-          Australie

-          Autriche

-          Azerbaïdjan

-          Bahamas

-          Belgique

-          Bolivie

-          Brésil

-          Bulgarie

-          Bélarus

-          Canada

-          Cap Vert

-          Chili

-          Chine

-          Chypre

-          Colombie

-          Congo

-          Corée du Sud

-          Costa Rica

-          Croatie

-          Côte d’Ivoire

-          Danemark

-          Egypte

-          Emirats Arabes Unis

-          Espagne

-          Estonie

 

 

-          Espagne

-          Estonie

-          Etats-Unis

-          Finlande

-          France

-          Gibraltar

-          Grèce

-          Guadeloupe

-          Guernesey

-          Guyane Française

-          Hongrie

-          Iles Caïmans

-          Inde

-          Indonésie

-          Irak

-          Irlande

-          Islande

-          Israël

-          Italie

-          Jamaïque

-          Japon

-          Jersey

-          Kazakhstan

-          Kenya

-          Lettonie

-          Liban

-          Lituanie

-          Luxembourg

-          Macédoine

-          Malaisie

-          Mali

-          Malte

-          Maroc

-          Martinique

-          Mayotte

-          Mexique

-          Moldavie

-          Monaco

-          Norvège

-          Nouvelle-Calédonie

-          Nouvelle-Zélande

-          Pays-Bas

-          Philippines

-          Pologne

-          Polynésie Française

-          Portugal

-          Roumanie

-          Royaume-Uni

-          République Dominicaine

-          République Tchèque

-          Réunion

-          Saint-Barthélemy

-          Saint-Martin

-          Saint-Pierre-et-Miquelon

-          Serbie

-          Seychelles

-          Singapour

-          Slovaquie

-          Slovénie

-          Suisse

-          Suriname

-          Suède

-          Tanzanie

-          Taïwan

-          Thaïlande

-          Tunisie

-          Turquie

-          Ukraine (except Crimée)

-          Uruguay

 

The GSA is applicable to any individual who is not acting for his/her industrial, commercial, artisanal, liberal activities.

Arc Decoration retains the right to adapt or modify, at any time, its GSA. If a modification occurs, the GSA in force at the time of the purchase order will apply.

The Site is a member of ACSEL (Association pour le commerce et les services en ligne).

 

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GSA Acceptance

The Client recognizes to be informed of this GSA at the time of his/her purchase order and recognizes to expressly accept it with no reserve. The order of a product via the Site implies the acceptance of the GSA with no reserve.

The GSA governs the relationship between Arc Decoration and the Client and supersedes any other terms and conditions.

All purchase orders via the Site by the Client are strictly and only for his/her personal use. The Clients and the end users are not authorized to sell back the items whether in whole or in part.

 

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Price

Our product prices are stated in Euro.

 

Prices mentioned on the products website pages do not include transportation fees. Arc Decoration retains the right to modify the products' prices at any time. However, the price mentioned at the time of the purchase order will remain unchanged and will be charged to the Client.

The price mentioned in the confirmation purchase order is final. It includes all taxes, VAT for France and European countries. The price comprehends the products' prices, logistic, packaging, maintenance and transport fees.

 

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Photos

The photos and other graphic representations on the Site are for illustration only. However, the delivered products will comply with the products on the Site.

 

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Payment methods

The price paid by the Client is the price mentioned on the purchase order confirmation sent by Arc Decoration.

The price shall be paid in full at the time of the order.

The price may be paid by credit card.

The following credit cards are accepted:

 

Credit Card Visa MasterCard

To ensure the security of your payments, we use "Webaffaires ", the bank card payment solution developed by our bank Crédit du Nord.

Secured payment with:

 

Credit du Nord Paypal

With this system, your payment is made directly to our bank account from your bank within a secured environment.

The Client's purchase order will only be considered as final once the banks payment centers will have confirmed their agreement. In case of refusal by them, the purchase order will be automatically cancelled and a notification will be sent to the Client by email.

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Purchase order

To place a purchase order on the Site, the Client will have to clearly identify himself/herself by entering his/her Client code (or a specific identification code of the Site) which is strictly for his/her sole use.

The automatic order recording systems of the Site are considered proof of the nature, content and date of the order.

Arc Decoration confirms the approval of the purchase order by sending an email to the Client at the email address given by this latter.

The sale will be final upon the confirmation email sent by Arc Decoration.

Arc Decoration retains the right to cancel any purchase order with a Client with whom a litigation or a claim related to an unpaid purchase order is existing provided a prior notice sent to the Client.

The information given by the Client at the time of the purchase order binds this latter. In case of an error, notably regarding his/her contact details, Arc Decoration shall not be held liable in terms of delivery errors.

Any purchase order implies the acceptance of the price and characteristics of the product on sale.

Products sold are limited to products in stock at the time of the purchase order.

In case of unavailability of a product, the website page of the concerned product will mention it as well as the time period when the product will be in stock and available for purchase.

 

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Deliveries

Provided the products are in stock, delivery of the ordered products is made within 5 open days maximum for deliveries within the mainland of France and out of the mainland. The delivery date or times provided are average delivery date or times that do not bind Arc Decoration. Arc Decoration will inform the Client about the delivery date or time period at the time of the purchase order and this information will be then confirmed by email with the purchase order confirmation.

For the mainland, the delivery will be handled by the French Post Office (LA POSTE) via SO COLISSIMO. Shall the Client be absent at the time of the delivery, LA POSTE will notify its visit as well as the package availability time period within its nearest place of business.

For outside the mainland, the Client will have to support all customs taxes, VAT as well as all taxes of the country where the products shall be delivered. Arc Decoration shall not be held liable if the Client fails to pay these taxes. 

For any purchase order that shall be delivered within the mainland or outside of it, in case the order weight exceeds 20 kilograms, the products will be palletized and dispatched via the freight forwarder Schenker Joyau or any other carrier chosen by Arc Decoration. The delivery timeslot is fixed and cannot be adapted to the Client's wish. The delivery timeslot is spread from 8 a.m. to 6 p.m., from Monday to Friday. If the Client is absent when the delivery is taking place, Schenker Joyau will notify the Client of its visit and also leave the Schenker Joyau contact phone number to enable the Client to contact Schenker Joyau in order to set a new delivery date or time period.

In case of late delivery in non-compliance with the date or time period initially confirmed, provided this does not result from a Force Majeure event, the Client will have the option to cancel his/her order. If such is the case, Arc Decoration will promptly reimburse the Client of any paid sum with the exclusion of any other expenses. Are notably considered as Force Majeure events, war, insurrection, fire, strike, accidents and impossibility to be supplied.

In case of apparent defects of the delivered products, the Client has the right to send back the products according to the provisions of the GSA.

The recipient supports all the risks regarding the products carrying. The Client shall always check the delivered package of products. The Client has 48 hours to notify a claim to the carrier. Shall the Client accept the delivery and then notice that the products are damaged, the Client shall contact Arc Decoration customers' service within 48 hours as from the delivery time in order to notify a written claim.

Any replacement of a damaged product can only occur provided a photo of the damaged product is sent. For any question, the Client shall contact Arc Decoration customers' service at the following telephone number +33 (0)969 320 620 (Cristal number – this number is not an overcharged telephone number) or by email at ines@latabledarc.com.

Due to products availability, a purchase order may not be delivered once in whole but in several deliveries with no additional charge for the Client. Shall the Client wish to be delivered in two different places, the Client shall proceed to a purchase order per delivery place and support all the related costs and expenses.

To follow up the purchase order process, the Client can consult on-line on the Site his/her order or contact Arc Decoration customers' service at the following telephone number +33 (0)969 320 620 (Cristal number – this number is not an overcharged telephone number) or by email at ines@latabledarc.com.

 

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Returns and withdrawals

The Client benefits of a right of withdrawal of 14 days maximum as from the delivery of the products. The Client cannot give up this right. To exercise this right, the Client can use the template in Appendix here. In case of an exchange or a reimbursement request, the Client shall send back the product(s) in their original packaging, undamaged with all their accessories, if any, use guide, documents and purchase proof at the following address: Arc Decoration – Zone Industrielle du Lobel – 62510 Arques - France.

The Client will have 14 days maximum as from the exercise of the right of withdrawal to return the products. The expenses related to the return of the products shall be supported by the Client and are identical to those paid at the time of the purchase order. For the Client's information, those expenses are detailed in Appendix here

The exercise of the right of withdrawal implies that Arc Decoration shall reimburse the Client of all the sums paid except the expenses related to the return of the products. The reimbursement shall occur within 14 days  as from the exercise of the withdrawal right.

 

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Disputes

The GSA is governed by French Law. Arc Decoration cannot be held liable for any damage, whatsoever, resulting from a malfunctioning or a misuse of the products. The liability of Arc Decoration will be, in any case, limited to the purchase order's price. The liability of Arc Decoration cannot be raised in case of a simple error or omission that could have persisted despite all the precaution taken in respect to the products' presentation.

In case of a problem, the Client shall contact Arc Decoration customers' service in order to find an amicable settlement before initiating a legal procedure.

 

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Guarantees

The products benefit of the legal guarantee provided by the Article 1641 and so forth of the French Civil Code.

Arc Decoration cannot be held liable for non-compliance of the legal or regulatory provisions of the Client's country where the products were delivered. The financial liability of Arc Decoration is strictly limited to the price of the alleged defective products at the time of their purchase.

The Client also benefits of the eviction legal guarantee as well as the hidden defects guarantee (Article 1625 and so forth of the French Civil Code). Provided the Client proves the hidden defect, Arc Decoration is legally obliged to support all consequences. If the Client decides to raise a claim before a Court of justice, the Client shall promptly do it after the discovery of the hidden defect (Article 1648 of the French Civil Code).

The Client may contact Arc Decoration customers' service 5 days on 7 (from Monday to Friday included) at the following telephone number +33 (0)969 320 620 (Cristal number – this number is not an overcharged telephone number) or by email at ines@latabledarc.com.

 

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Personal data protection

The collection of personal data as far as distance sale contracts are concerned is compulsory since the information is needed for the execution and delivery of the purchase orders, invoices issuance and guarantees. The lack of information compromises the confirmation of the purchase order. In compliance with French Law ("Loi Informatique et Libertés"), the fact that personal data regarding Clients is collected was previously declared to the French Body Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).

Regarding his/her personal data, the Client has a right of access, modification, rectification and deletion (Article 34 of "Loi Informatique et Libertés") that the Client can exercise by contacting Arc Decoration customers' service by email at ines@latabledarc.com. In addition, Arc Decoration undertakes not to communicate, whether free of charge or not, the Clients' personal data to any third party that is not a member of the Group Arc International.

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Proof

Computerized registrars within a reasonable safe computer systems environment depending of Arc Decoration and/or its suppliers will be deemed to sufficiently prove the notifications, the purchase orders and the payments that occurred between Arc Decoration and the Clients.

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Records

The records of the purchase orders and the invoices will be done on a reliable and lasting system in order to comply with the provisions of the Article 1348 of the French Civil Code regarding reliable and lasting copy.

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Intellectual Property Rights

The Site use is solely for a personal use. Any brands, texts, comments, illustrations, images or photos, whether visual or audible, appearing on the Site are protected under authors' rights, copyrights, trademarks and/or patents regulations. They are owned whether by Arc Decoration and/or its affiliated companies. Any reproduction or representation, in whole or in part, of these brands, texts, comments, illustrations, images or photos constitutes a breach of intellectual property rights that can lead to civil and criminal suits against the author of the breach. The fact for any person that is not a member of the Group Arc International to use, without prior authorization, a hyperlink to this Site by framing or deep linking is strictly forbidden. A specific request shall be addressed in order to be authorized to use a hyperlink directing to the Site.

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Law – Jurisdiction

The GSA is governed by French Law.

In case of a dispute, provided the failure to settle it amicably, this latter shall be submitted to the competent jurisdictions. In case of incompetence, the dispute shall be submitted to the Courts of Lille (France) even in case of several defenders and/or recourse in warranty and/or urgent legal suits or proceedings for interim or proceedings by petition.

 

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