General Terms and Conditions of Sale
last update: 1 septembre 2021
- 1. Preamble
- 2. Acceptance of the terms
- 3. Illustrations
- 4. Order
- 5. Promotion
- 6. Price
- 7. Payment
- 8. Delivery
- 9. Withdrawal
- 10. Guaranties
- 11. Liability
- 12. Personal data protection
- 13. Intellectual property
- 14. Respecting economic sanctions - anti-corruption
- 15. Applicable law and jurisdiction
This website (hereinafter, the "Website") is the property of Arc Web & Retail, which owns all related intellectual property rights.
The Website may not be reproduced in whole or in part without express prior permission from Arc Web & Retail.
These General Terms of Sale (hereinafter, the "GToS") are agreed between Arc Web & Retail — a company with Boulogne-sur-Mer Trade Register number 483 855 227 and a registered office at 104 avenue du Général de Gaulle, 62510 Arques, France (hereinafter, "Arc Web & Retail") — and individuals wanting to make a purchase via the Website (hereinafter, the "User" or "Client").
Orders can be sent to mainland France and the following countries:
These GToS apply to any natural person acting outside the scope of their commercial, industrial, artisan or liberal activity.
2. Acceptance of the terms
The Client acknowledges that they are aware of these GToS when placing their order and expressly declares that they fully accept them. Placing an order via this Website implies that these terms have been fully accepted. Arc Web & Retail reserves the right to adjust or amend these GToS at any time. If amended, the GToS in force on the day an order is placed will apply.
These GToS govern the contractual relationship between Arc Web & Retail and its Client, and take precedence over any other terms.
The information about and photographs of products on the Website are for information purposes only. The Client is responsible for checking the description of each product in order to find out its key features.
To place an order, the Client should log into their existing client account or create a new account.
An order implies acceptance of the prices and descriptions of products for sale.
Products are available while stocks last. If an product is temporarily unavailable, this will be explained to the Client on the product information page accessible before an order is placed. However, an order will only be definitive when Arc Web & Retail confirms the order using the email address supplied by the Client.
The information provided by the Client when placing an order is binding. Therefore, if it contains an error, including in the contact details, Arc Web & Retail cannot be held liable for delivery being impossible.
Arc Web & Retail reserves the right to cancel an order if the Client is involved in a dispute regarding payment for a previous order, subject to notifying the Client in advance.
All products included in a promotion are available while stocks last. Therefore, if a product goes out of stock during a promotion, the Client cannot ask for it to be restocked at the promotional price.
Prices are stated in euros. Arc Web & Retail reserves the right to amend its prices at any time. However, the price stated on the Website on the day the Client places an order is the only price applicable to the latter.
The prices stated on product information pages do not include delivery charges. For deliveries outside mainland France, the Client undertakes to pay (in addition to the cost of the product), any taxes payable for importing products, customs fees, value-added tax and any other taxes due under the laws of the recipient country. Arc Web & Retail accepts no legal responsibility if taxes are not paid for by the Client.
The price stated when an order is finalised is the definitive price including all taxes and VAT for France and European Union countries. This invoiced price covers the products as well as handling, packaging, storage and transport.
The price the Client is charged is the price stated when an order is finalised and in the order confirmation email from Arc Web & Retail.
The product price is payable in full on the day the order is placed using one of the following payment methods:
Card: Visa, Mastercard, Carte Bleue
To ensure payments are secure, Arc Web & Retail uses the Webaffaires secure payment service. This allows the Client to pay via a secure banking server. The card number is sent direct to the server and the payment goes direct to a bank in a secure environment.
Orders placed by the Client are only deemed to be effective when the banking payment institutions concerned consent to the payment. If these institutions reject the payment, the order will be automatically cancelled and the Client will be notified by email.
The Client will be sent an order confirmation after payment is approved. If payment is rejected, the Client will also be notified and informed of the reason.
Delivery timeframes depend on the delivery country and method chosen by the Client. The Client should check the delivery and shipping fees information for an estimated delivery timeframe. These timeframes are for information only, meaning Arc Web & Retail cannot be held liable for them. The Client will be informed of the delivery date and/or timeframe when they place an order. This will be confirmed by email once the order has been placed.
Depending on the delivery method chosen, orders will be delivered by one of the following transport providers (hereinafter, the "Carrier"):
If the Client is absent at the time of delivery, the Carrier will let the recipient know that they have tried to deliver and either tell them which post office has the order, or schedule a new delivery date.
For orders weighing over 20 kg to mainland France or other countries, the goods will be transported using a pallet and delivered by DB Schenker or any other company chosen by Arc Web & Retail. When an order is confirmed, Arc Web & Retail's customer services team will contact the Client to agree a convenient delivery date. Deliveries take place between 8am and 6pm, Monday to Friday. This is non-negotiable. If the Client is absent at the time of delivery, the Carrier will let the recipient know and provide their contact details so that a new delivery can be scheduled.
If a delivery is delayed, the Client can ask Arc Web & Retail to deliver within a reasonable further timeframe in a letter sent via registered post. This does not apply where there is a force majeure* event of which the Client is informed. If after such a request the new delivery deadline is not met, the Client can cancel the order by sending Arc Web & Retail a letter via registered post, in line with Article L216-2 of the French Consumer Code.
*Force majeure includes war, riots, fire, strikes, accidents, an inability to access supplies, epidemics, quarantine measures and similar restrictions.
Products found to be defective on delivery can only be replaced if a photograph of the product concerned is provided, showing the fault. Please contact customer services with any questions on +33 (0) 969 320 620 (standard-rate number) or email email@example.com
If a product is visibly defective on delivery, the Client is covered by the guarantees and return rights set out in these GToS.
An order may be delivered to a Client in stages due to product availability. In this case, the Client only pays for one delivery. If the Client wants products to be delivered to two addresses, they should place two different orders and incur the associated charges.
To track a current order, the Client can use the online tracker or contact customer services on +33 (0) 969 320 620 (standard-rate number) or email firstname.lastname@example.org
The Client has 14 days after receiving an order to exercise their right of withdrawal. They cannot give up this right in any way. The Client, who wants to exercise its right of withdrawal, shall use the attached form available on the Website and shall return the unused product(s) undamaged in the original packaging, together with proof of purchase and any accessories, instructions or documentation to:
The withdrawal form (available here) should be sent to:
- ARC WEB & RETAIL
- A l’attention du service consommateur 104 avenue du Général de Gaulle Bâtiment R8
The Client should return the products within 14 days of exercising their right of withdrawal. The Client is responsible for return costs.
Refunds will be paid within 14 days of the Client exercising their right of withdrawal.
In case of exercising the right of withdrawal, Arc Web & Retail is bound to reimburse the sums paid by the Customer, including the delivery costs (with the exception of the return costs). However, these delivery costs are not reimbursed in case of partial retraction, i.e. in case of return of only a part of the articles of the same order.
All products sold by Arc Web & Retail to non-commercial buyers are covered, in line with current French legislation and independent of the above right of withdrawal, by:
- A legal guarantee of conformity
- A legal guarantee against hidden defects
Arc Web & Retail may only be held liable for the value of products concerned on the date of sale.
The Client can contact Arc Web & Retail direct regarding complaints about products delivered via the Marketplace Website using the methods set out in the Marketplace's General Terms.
Refunds for products judged to be non-compliant or defective will be issued as soon as possible and within 14 days of Arc Web & Retail verifying the compliance issue or hidden defect.
10.1 - Legal guarantee of conformity (Art. L217-4 et seq. of the French Consumer Code).
Article L217-4 of the French Consumer Code: "The seller must provide goods that comply with the contract and is liable for any compliance issues on delivery. It is also responsible for any compliance issues resulting from packaging, or from instructions concerning assembly or installation if the seller is responsible for this under the contract or it is carried out on the seller's behalf".
Article L217-5 of the French Consumer Code: "The goods comply with the contract: 1. If they are suitable for the use normally expected of similar goods and, if relevant: - they comply with the description given by the seller and have the qualities which the seller has presented to the buyer as a sample or model; - they have the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, the producer or their representative, for example in advertising material or labelling; 2. Or if they have the features defined by mutual agreement between the parties or are suitable for any special requirement sought by the buyer which has been made known to the seller and which the latter has accepted".
Article L217-12 of the French Consumer Code: "Legal action resulting from non-compliance must be brought within two years of the goods being delivered".
Article L217-16 of the French Consumer Code: "When the buyer requests from the seller, during the period covered by the commercial guarantee which they were granted when acquiring or repairing a movable asset, a repair covered by the guarantee, any period where the asset is out of use for at least seven days is added to the remaining guarantee. This period will begin on the date the buyer requests an intervention or the date the goods are handed over for repair if this is after the intervention request".
Arc Web & Retail undertakes to deliver products that match those ordered. If this is not the case, Arc Web & Retail is responsible for defects on delivery and caused by packaging.
A product sold is deemed to conform when it:
- Is suitable for the use normally expected of similar goods, namely, if relevant:
- It complies with the description given by the seller and has the qualities presented as a sample or model
- It has the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, the producer or their representative (advertising material, labelling, etc.). The seller is not liable for declarations made by these professionals if it is not aware of them and has no legitimate way of becoming aware of them.
- Has the features defined between the parties or is suitable for any special requirement sought by the Client which has been made known to the seller and which the latter has accepted. The Client cannot make use of the guarantee of conformity under Article L217-8 of the French Consumer Code if: (i) they are aware of the defect when they buy, (ii) they could not have been unaware of the defect when buying, or (iii) the defect has been caused by materials they themselves have provided
Legal action resulting from the guarantee of conformity must be brought within two years of the product being delivered (as per proof of delivery). However, any defect that appears within six months of delivery will be deemed to have existed on delivery. The Client will not have to provide proof.
Implementation of the guarantee of conformity:
10.2 - Legal guarantee against hidden defects (Art. 1641 et seq. of the French Civil Code)
Article 1641 of the French Civil Code: "The seller is bound by a guarantee against hidden defects in the product sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have paid a lower price if they had known about them".
Article 1648 of the French Civil Code: "Legal action resulting from hidden defects must be brought by the buyer within two years of the defect being discovered. In the situation provided for by Article 1642-1, legal action must be brought, under penalty of foreclosure, within a year of the date on which the seller can be exempted from liability for visible defects or compliance issues".
Arc Web & Retail is bound by a guarantee against hidden defects in the product sold that render it unfit for its intended use, or that so impair its use that the Client would not have bought it, or would only have paid a lower price if they had known about them.
The legal guarantee covers all costs incurred due to hidden defects. Arc Web & Retail is not bound by defects that are visible and the Client has noticed, but by hidden defects, even if it is not aware of them, unless it has stated that it will not be bound by any guarantee in this case. The defect must precede the sale and make the product unfit for its intended use.
The Client can choose between returning the product for a refund or keeping the product for a partial refund.
The Client has two (2) years to act after the defect is discovered.
Arc Web & Retail cannot be held liable for any damage caused by products sold malfunctioning or being misused. In any event, Arc Web & Retail can only be held liable for the order cost and cannot be blamed for mere errors or omissions that may persist despite all the precautions taken with product information.
12. Personal data protection
Personal information must be collected for remote selling purposes. These details are needed for processing and shipping orders and creating invoices and guarantees. If this information is not provided, an order cannot be validated.
In line with the provisions of the amended French Data Protection Act of 6 January 1978, and of EU General Data Protection Regulation 2016/679 of 27 April 2016, the Client has the right to access, correct, amend and erase their data, to object to the processing of their data, and to decide what will happen to their data if they can no longer exercise their rights. To exercise these rights, ask a question, or submit a further request regarding Arc Web & Retail's processing of this data, the Client can email the Data Protection Officer at: email@example.com
Or write to:
Data Protection Officer (DPO)
ARC MANAGEMENT & SERVICES
104 avenue du Général de Gaulle
62510 Arques, France
The Client can check the Personal Data Policyfor more information about how Arc Web & Retail processes personal data.
For further information, the Client can visit the CNIL's website: www.cnil.frThe CNIL is France's data protection authority.
13. Intellectual property
This Website is for personal use only.
All the brands, texts, comments, works, illustrations, images and photographs that can be viewed or heard and relate to the seller or their goods reproduced on the Website are protected by copyright, trademark law, patent law and/or image rights. They are the property of Arc Web & Retail or its affiliated companies. Any reproduction or representation, in whole or in part, constitutes a counterfeit for which the perpetrator could be held civilly and criminally liable.
Nobody outside Arc Group may add a hyperlink to this Website using frames or deep links without prior authorisation. A specific request must be made for hyperlinks to the Website to be allowed.
14. Respecting economic sanctions - anti-corruption
The sale of goods and services (hereinafter, the "Products") by Arc Web & Retail via the Website is subject to the Client abiding by all anti-corruption laws and regulations, and by those related to export control and economic sanctions, including sanctions imposed by the United Nations, European Union and United States of America, and by any relevant national legislation (hereinafter, the "Laws") regarding the use, sale, transfer and/or maintenance of Products.
By buying a Product, the Client warrants, represents and undertakes:
- That they have abided by and will abide by all Laws applicable to the Products, including that they have not sold and will not sell, resell or transfer the Products in any way, directly or indirectly, for deliveries to or via Iran, Syria, Sudan, North Korea, Cuba and/or the Crimea region of Ukraine/Russia, or for shipping, distribution or use by any named person, entity or vessel subject to the Laws covering Iran, Syria, Sudan, North Korea, Cuba and/or the Crimea region of Ukraine/Russia (including individuals and entities that are resident or domiciled in these locations or are formed under the laws of these jurisdictions)
- That they have not been considered and will not be considered a prohibited party on a list adopted and administered by the Laws, including the Specially Designated Nationals List (SDN List), the Foreign Sanctions Evaders List (FSE List), the Sectoral Sanctions Identifications List (SSI List), the consolidated list of people, groups and entities subject to financial restrictions by the EU and/or the consolidated list of entities sanctioned by the United Nations Security Council
- That they are not and will not become an entity controlled by or acting on behalf of a person or people identified in (i) or (ii) or in which one or more people identified in (i) or (ii) have direct or indirect equity of 50% or more, either individually or collectively
The Client undertakes to immediately warn Arc Web & Retail of any breach in this regard.
15. Applicable law and jurisdiction
These terms are subject to French law.
The Client should note that in the event of a dispute, they can go through a conventional mediation process in line with Title V of Book 1 of the French Consumer Code.
The mediator's details are as follows:
Adress: 73 boulevard de Clichy, 75009 Paris
Following initial contact being made by the Client writing to Arc Web & Retail's customer services team, the mediator service can be called upon to help with any dispute that has not been settled. To find out about the mediation process, please clickhere.
The Client can also submit complaints to the European Commission's online complaint resolution platform at http://ec.europa.eu/consumers/odr/. The European Commission will pass the Client's complaint on to the official national mediators.
Any legal action will go before the Client's choice of court:
- One of the local jurisdictions judged to be competent pursuant to the French Code of Civil Procedure
- The jurisdiction for their location when the contract is concluded or the harmful event occurs