General Conditions of Sale

Updated on October 07, 2020

Preamble

This website (hereinafter "Site") belongs to the company Arc France 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 France.

These General Conditions of Sale (hereinafter "GCS") are entered into between the company Arc France, registered at the Companies House of Boulogne-Sur-Mer under the number 504 313 032, whose registered office is in France at Arques (62510) – 104, avenue du Général de Gaulle (hereinafter "Arc France"), on the one hand, and the persons wishing to purchase a product via the Site (hereinafter "User" or "Client"), on the other hand.

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

ALBANIA CZECH REPUBLIC HONG KONG MALAYSIA PORTUGAL
ALGERIA DENMARK HUNGARY MALTA QATAR
ANDORRA DOMINICAN REPUBLIC ICELAND MAN ISLAND REUNION ISLAND
AUSTRALIA ESTONIA INDONESIA MARTINIQUE ROMANIA
AUSTRIA FINLAND IRELAND MONACO SAINT MARTIN 
BAHAMAS FRANCE ITALY MONTENEGRO SAINT PIERRE AND MIQUELON
BELGIUM  FRENCH GUIANA JAPAN MOROCCO SAUDI ARABIA
BERMUDA FRENCH POLYNESIA JERSEY MYANMAR SOUTH AFRICA
BOSNIA-HERZEGOVNIA GERMANY KOWEIT NEW CALEDONIA SOUTH KOREA
BULGARIA GIBRALTAR LATVIA NEW ZEALAND SPAIN
CAMBODGIA GREECE LEBANON NORWAY ST BARTS
CANADA GREENLAND LIECHTENSTEIN OMAN THE NETHERLANDS
CHINA GUADELOUPE LITHUANIA PAKISTAN UNITED ARAB EMIRATES
CROATIA GUERNSEY LUXEMBOURG PHILIPPINES UNITED KINGDOM
CYPRUS HAITI MACEDONIA POLAND UNITED STATES OF AMERICA

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

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

 

GSA Acceptance

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

The GCS govern the relationship between Arc France and the Client and supersede 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.

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.

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 Site's username) 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 France 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 France.

Arc France 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 France shall not be held liable in terms of delivery errors and/or non delivery.

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.

Delivery

Provided the products are in stock, delivery of the ordered products is made within 10 days maximum for home deliveries within the mainland of France and within 15 days maximum for home deliveries out of the mainland of France. The delivery date or times provided are average delivery date or times that do not bind Arc France. Arc France 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). 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 France 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, and whose weight exceeds 20 kg, the products will be palletized and dispatched via the freight forwarder Schenker Joyau or any other carrier chosen by Arc France. 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. At the time of the purchase order confirmation, Arc France Customer Service will contact the Client to set with this latter the date of delivery. 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 France 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, impossibility to be supplied, pandemics, epidemics, quarantine or similar restrictive measures.

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 GCS.

The recipient supports all the risks regarding the products carrying. The Client shall always check upon receipt 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 France Customer 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 France Customer 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 contact@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 check on-line on the Site his/her order or contact Arc France Customer Service by email at contact @latabledarc.com.

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. 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 France – Customer Service - 104 avenue du Général de Gaulle – 62510 Arques - France.

Withdrawal form at the bottom of the page.

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.

The exercise of the right of withdrawal implies that Arc France shall reimburse the Client, free of charge, 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.

Price

Our product prices are stated in Euro.

Prices mentioned on the products website pages do not include freight fees. Arc France 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 purchase order confirmation is final. It includes all taxes, VAT for France and European countries. The price comprehends the products' prices, logistic, packaging, maintenance and transport fees.

 

Payment terms

The price paid by the Client is the price mentioned on the purchase order confirmation notified by Arc France.

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

The price shall be paid by credit card.

The following credit cards are accepted: Visa, Mastercard, Carte Bleue.

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 Bred and 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 deemed 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.

All purchase order confirmation will be notified to the Client after payment confirmation. The Client will also be notified of any purchase order refusal along with the reasons of such refusal.

Disputes

Arc France cannot be held liable for any damage, whatsoever, resulting from a malfunctioning or a misuse of the products. The liability of Arc France will be, in any case, limited to the purchase order's price. The liability of Arc France 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 France Customer Service in order to find an amicable settlement before initiating a legal procedure.

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 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.

Arc 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 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.

 

Warranties

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

Any product sold to a non-professional buyer benefits from the compliance legal warranty along with the hidden defects legal guarantee according to French law. Arc France cannot be held liable for non-compliance of the legal or regulatory provisions of the Client's country (if delivered out of France) where the products were delivered. The financial liability of Arc France is strictly limited to the price of the alleged defective products at the time of their purchase.

  1. Compliance legal warranty (Art. L.217-1 to L.217-4 of the French Consumer Code).

According to the aforementioned provisions, Arc France undertakes to deliver products in compliance with the purchase order. If such is not the case, Arc France is liable of the defects at the time of delivery as well any packaging defect.

 

According to Art. L.217-5 of the French Consumer Code, the sold product is deemed compliant when:

 

  1. It is suitable for the use normally expected of a similar good and, where applicable:
    - if it fits to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
    - if it has the qualities that a consumer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling. The statements of these last two professionals are not binding on the seller when the latter does not know them and is not in a legitimate position to know them.
    2. If it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Client, brought to the knowledge of the seller and which the latter has accepted.

Deadlines:

The claim as regards the compliance legal guarantee is prescribed by two (2) years from the delivery of the item (proof of delivery is deemed to be the delivery day. However, any defect appearing within six (6) months of delivery will be deemed to exist on the day of delivery. The Client will therefore be exempted from providing proof.

Exceptions:

The Client cannot exercise the guarantee of conformity according to article L.217-8 of the French Consumer Code in the following cases: (i) when the Client was aware of the defect at the time of contracting, (ii) when the Client could not ignore the defect at the time of contracting or (iii) when the defect results from materials which the Client himself supplied.

Implementation of the conformity guarantee:

When there is a lack of conformity, Arc France offers the Client the replacement of the item or its repair. The choice depends on the Client, except when the latter generates disproportionate costs for the professional compared to the second option (i.e. repair). The Customer may obtain the termination of the contract or a reduction in the price if the defect is major and the time limit for the solution chosen exceeds one (1) month from the request; or that no option is achievable. No cost can be requested from the Client for replacement, repair, termination or termination of the contract.

Legal provisions:

Warning: the below translation of the French Consumer Code provisions is non-binding. In case of any discrepancy between the French legal provisions and the below translation of said provisions, the French legal provisions shall prevail.

Article L.217-4 of the French Consumer Code: "The seller delivers a product that conforms to the contract and is liable for any lack of conformity existing during delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility."

Article L.217-5 of the French Consumer Code:

"The goods comply with the contract:
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted."

Article L.217-12 of the French Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods."

Article L.217-16 of the French Consumer Code: "When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request."

  1. Hidden defects legal warranty (Art. 1641 to 1649 of the French Civil Code).

In accordance with the provisions of articles1641 and 1649 of the French Civil Code, Arc France is bound by the guarantee for hidden defects of the item sold which make it unfit for the use for which it is intended, or which so diminish this use, that the Client would not have acquired it, or would have given it a lower price, if he had known them.

 

The legal warranty covers all costs caused by hidden defects. Arc France is not liable for apparent defects of which the Client was able to convince himself/herself, but for hidden defects, even if he/she did not know them, unless, in this case, he/she only stipulated there will be no warranty. The defect must be prior to the sale and make the products unfit for the use for which they are intended.


The Client has the choice between (i) returning the item and having the price reimbursed or (ii) keeping the item and having part of the price reimbursed.

The time to act is two (2) years from the discovery of the defect.

Legal provisions:

Warning: the below translation of the French Consumer Code provisions is non-binding. In case of any discrepancy between the French legal provisions and the below translation of said provisions, the French legal provisions shall prevail.

Article L.1641 of the French Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them."

Article L.1648 of the French Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity."

The Client may contact Arc France Customer 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 contact@latabledarc.com or by mail at the following address: Arc France – Customer Service - 104 avenue du Général de Gaulle – Building R8 - 62510 Arques, France.

Personal data protection

Keen to ensure the best level of protection for your personal data, Arc France undertakes to take all measures necessary to process internet Users’ personal data in accordance with the provisions of France’s law 78-17 of 6 January 1978 as amended, on computing, data storage and freedom of information, and those of Regulation (EU) 2016/679 of 27 April 2016 on data protection.
An explanation of your rights and comprehensive information on how your personal data is processed by Arc France or by Arc Group is freely available under ours Privacy and Cookies Policies.
For any further questions or requests about the processing of your data by Arc France or by Arc Group, you can email our Data Protection Officer (DPO) at: DPO@arc-intl.com, or write to:

The Data Protection Officer,
Arc Management & Services,
104 avenue du Général de Gaulle
62510 Arques – France

More information is also available from the website of the French data protection authority (CNIL) at www.cnil.fr or the competent local equivalent supervisory body.

Intellectual Property Rights

Unless otherwise stipulated, intellectual property rights over documents, images, and all content of any kind present on the Site is the exclusive property of Arc Group related entity, which does not grant any kind of licence or right other than the right to use the website. In particular, trademarks, designs and other intellectual property rights mentioned on the website are the property of the relevant Arc Group entity. Any representation or reproduction of this website in whole or in part by any method whatsoever without prior written permission from Arc France is prohibited and may result in legal action.

Economic sanctions compliance - Anti-corruption

Arc France sale of goods and services (hereinafter "Products") through the Site is conditioned on the Client's compliance with all applicable anti-bribery or anti-corruption laws or regulations, and all export control and economic sanctions laws and regulations including without limitation sanctions imposed by the UN, EU and OFAC as well as any relevant national sanctions legislation (hereinafter "Sanctions Laws") in connection with its use, sale, transfer and/or servicing of Arc France's Products.

By accepting the Products, the Client represents, warrants and undertakes that:

(i)            it has complied and will comply with applicable Sanctions Laws in connection with the Products and, including without limitation, that the Client has not sold and will not sell, resell or otherwise transfer the Products, directly or indirectly, for delivery to or through Iran, Syria, Sudan, North Korea, Cuba and/or the region of Crimea of Ukraine/Russia, or for carriage, distribution or use by any designated person, entity or vessel under any Sanctions Laws targeting Iran, Syria, Sudan, North Korea, Cuba and/or the region of Crimea of Ukraine/Russia (including individuals or entities which are residents or have an address in those countries or which are incorporated according to the laws of those jurisdictions);

 

(ii)          it is not and will not be identified on any list of prohibited parties maintained by the Sanctions Laws, including the List of Specially Designated Nationals and Blocked Persons (the “SDN List”), the Foreign Sanctions Evaders List (the “FSE List”), the Sectoral Sanctions Identifications List (the “SSI List”), the Consolidated List of Persons, Groups and Entities Subject to E.U. Financial Sanctions, and/or the Consolidated United Nations Security Council Sanctions List; and/

 

(iii)         it is not and will not be an entity which is controlled by or acting on behalf of a person or persons identified in (i) or (ii) or in which a person or persons identified in (i) or (ii) owns, directly or indirectly, a 50% or greater interest, individually or in the aggregate.

 

The Client undertakes to promptly report any breach to Arc France.

Law – Jurisdiction

The GCS are governed by French Law.

The Client is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure in application of Title V of Book 1 of the French Consumer Code.

The contact details for the mediator service are as follows:

Name: MEDICYS

Address: 73 boulevard de Clichy, 75009 Paris

Website: https://medicys-consommation.fr/

 

After the Client's prior written request to Arc France Customer Service, the mediator service can be seized for any consumer dispute whose settlement has not been finalized. To find out how to refer the mediator, Click here.

The Client can also submit any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Client's complaint to the notified competent national mediators.

The attribution of competence in the event of litigation, and in the absence of amicable settlement between the parties, is given to the competent courts, and, in the event of incompetence, to the jurisdictions of Lille, notwithstanding plurality of defendants and / or call in guarantee, even for emergency procedures or protective measures in summary proceedings or by request.