ARTICLE 1 – SCOPE
1.1 - The present Sales Terms are concluded on the one hand by Ainoa LABEGUERIE, self-employed French legal status : Auto-entrepreneur registered under SIREN No. 804 937 795, hereafter referred to as “Seller”, and on the other hand, by any natural or legal person wishing to proceed to a purchase via the website of www.artcliko.com hereafter referred to as “Purchaser”.
1.2 - Pursuant to the provisions of the Civil Code relative to the conclusion of online contracts, the contract will be sealed when you click on the button that allows you to confirm your order after viewing the details of this order and in particular its price and having the opportunity to correct any errors. You will then recognise your payment obligation.
ARTICLE 2 – OBJECT
2.1 - The present Sales Terms aim at defining the contractual relations between the Seller or the Vendor and the Purchaser or the Buyer and the conditions applicable to any purchase carried out through www.artcliko.com.
2.2 - The Purchaser is identified as a person buying on the website www.artcliko.com having a valid, functioning e-mail address professional or a private individual, with the effective means to use the services available and for which she/he shall be responsible and bear all costs inherent in using such means.
2.3 - The purchase of an object, artwork or service via this website involves an acceptation without reserve of these sale conditions by the Purchaser.
2.4 - The Seller reserves the right to change its present general Sales Terms at anytime without advance warning and justification. In this case, the general terms of sale are those in effect at the date of the order from the Purchaser.
2.5 - The Purchaser declares that she/he has read and understood the following provisions before placing the order. By entering into an online sales contract, the Purchaser expressly and irrevocably agrees to the terms and conditions set out hereafter; any contrary terms or conditions that are not respected by the Purchaser shall not be binding on www.artcliko.com unless they are expressly agreed to, regardless of the moment in time such terms were brought to its attention.
2.6 - The fact that the Seller fails to rely on any one of these general terms of sale at a given time may not be construed as a waiver of its right to rely on any of the said terms in the future.
2.7 - The Purchaser declares that she/he has legal capacity to enter into this agreement, i.e. that she/he is of legal age and, in the case of a natural person, is not under guardianship or temporary guardianship. If the Purchaser represents a legal entity, she/he declares that she/he has the authority to bind the legal entity with respect to the type of sales contract entered into with the supplier.
ARTICLE 3 – ORDER VALIDATION
3.1 - Order confirmation
The Purchaser makes his/her order on www.artcliko.com after having read and accepted the general sales conditions. Payment of the order must be made at the same time as this confirmation. The payment should be received by www.artcliko.com within four business days after having confirmed the order. The order will be processed only on receipt of payment. Failure to make payment within the required deadline shall render the order null and sales fell. The work is then relisting by the seller. ARTCLIKO will confirm receipt of your order by electronic mail.
3.2 - Invoice
At the end of these previous steps, the Seller shall automatically draw up an order summary (invoice), which shall constitute evidence of the Purchaser’s order and shall be sent to him/her. The Purchaser shall be sent the order summary by email. The order shall be deemed to be firm once the Purchaser has the order summary sent by the seller in his/her possession. This order confirmation shall determine the effective date of the payment made by the Customer. Payment is date of conclusion of the sale contract. To ensure he/she has effective evidence of the sale, the Seller shall keep the Purchaser’s full contact details, including the email address used to make the order.
ARTICLE 4 – PRICES
4.1 - The prices appearing on www.artcliko.com are in Euros, include all taxes and exclude delivery charges (cf. Delivery).
4.2 - The Seller reserves the right to change the prices at any time but undertakes to apply the prices in effect when the order was placed.
4.3 - The delivery price is indicated to the Purchaser while making the order.
ARTICLE 5 – PAYMENTS AND SECURED TRANSACTIONS
5.1 - Payment of Purchases can be made either by Paypal or by credit card to Ainoa LABEGUERIE (Carte Bleue, Visa, Mastercard).
5.2 - The Buyer will be charged the price for the Product purchased plus delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be cancelled. In the event that the Vendor confirms availability, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.
5.3 - ARTCLIKO has chosen powerful and strict tools in terms of securing payment methods. Thus, she has adopted as payment method the PayBox System, a leader in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption methods, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
5.4 - ARTCLIKO has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer's bank details will be requested for each new order. In fact, only PayBox has confidential information that remains inaccessible to third parties.
5.5 - Although ARTCLIKO uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. ARTCLIKO cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
ARTICLE 6 – RIGHT OF WITHDRAWAL AND RETURNS
6.1 - In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is not applicable.
6.2 - The Purchaser must inform the Seller of his/her intention to withdraw by email – firstname.lastname@example.org, within 14 working days from the delivery date.
6.3 - The delivered work(s) must be returned within 4 days from the withdrawal date, to the address indicated on the delivery voucher.
6.4 - The Purchaser must prove the delivery date to benefit from the right of withdrawal.
6.5 - The Purchaser must organise the return of the work(s) and bear the cost thereof. The Artwork must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of the sending.
6.6 - Upon receipt of the goods in good condition, and after verifying quality and quantities, the Seller will reimburse the amount paid for the returned goods, excluding return costs. Returns non-conform to the described procedure will be punished by the loss of any amount paid by the Buyer.
6.7 - The Customer will be responsible for any damages or losses suffered by the work that is transported to its risks.
ARTICLE 7 – DELIVERY AND CLAIMS
7.1 - Date of delivery
The date of delivery (i.e. the taking in charge by the freight company of shipment of the work(s) covered by these terms of sale) is provided for informational purposes only and is not guaranteed by the seller. The delivery will be made during normal business hours to the delivery address given by the purchaser on the order form for the average deadline indicated during the order process.
7.2 - In this case, the Vendor, provided that he has confirmed the availability of the Artwork and that ARTCLIKO has notified him of the receipt of payment, is in charge of packing the Artwork and making it available to a carrier. The Buyer, when confirming his shopping cart will accept transportation costs.
7.3 - Depending the Buyer's delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from outside of his territory, he may need to pay import duties upon receipt of the products. We have no control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
7.4 - The Vendor agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork's form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 7 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen.
7.5 - It is the sole responsibility of the Buyer to ensure that the information he gives to ARTCLIKO for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.
7.6 - The Vendor agrees to provide ARTCLIKO, who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier's website, provided that the carrier offers a package tracking service. In that case Products are transported at the Vendor's risk, while subtracting to an insurance cover.
7.7 - Claims relating to damage
Immediately upon receipt of the parcel the purchaser must check its appearance to identify the possible apparent defects (torn or damaged cardboard box). If so, the Buyer must open it with the carrier. It is up to the purchaser, in case of negligence or damage, to emit precise and detailed notes to the carrier upon delivery, listing all damage on the delivery receipt to benefit from the contracted insurance. If the carrier refuses to stay when opening the parcel, the purchaser must refuse it. If those procedures are not followed, the Vendor will not be able to ask his insurance to cover the damage; consequently the purchaser will not be entitled to any refund.
7.8 - Claims relating to non-conformity
If the Purchaser feels the delivered good is not in accordance with the product he/she ordered, he/she must write his/her claim and send an email to the following address: email@example.com.
7.9 - It is the Purchaser’s responsibility to provide evidence of defects or anomalies that have been declared. She/he must give the seller the possibility to record the defects in order to remedy them. She/he must not intervene directly or have a third party intervene for this purpose.
ARTICLE 8 – DATA PROTECTION ACT – PERSONAL DATA
8.1 - The information the Purchaser is requested to provide when entering his contact details is required for www.artcliko.com to process the order.
8.2 - Pursuant to Article 27 of the French “Data Protection Act” [loi « Informatique et Liberté »] of January 6, 1978, the Purchaser has the right to access and rectify information relating to himself/herself with the Seller. This right may be exercised by simple written request or by email, with acknowledgement of receipt, sent to the Vendor.
8.3 - The Buyer's information and data relating to the delivery are transmitted by ARTCLIKO to the Vendors for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes.
The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the elements on the www.artcliko.com site are and remain its intellectual property and are exclusive to the Seller. Nobody is authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, elements of the site, whether they be software, visual or audio elements.
9.1 - Rights on the artwork
The artist, having taken the initiative of his creation, remains the copyright owner of his/her creation, as defined by French law. The representation and reproduction rights of the works featured on the www.artcliko.com site belong to their authors and to ARTCLIKO. Their joint authorisation is necessary for any exploitation of these rights. The Purchaser’s rights on the artwork(s) he/she bought are thus limited to a right of private use, excluding any right of representation or reproduction.
9.2 - Intellectual property rights
All the items of the website and the site itself are protected by author's rights, trademark law, laws governing graphic representation and models, and other intellectual property laws. “Items” are, non-exhaustively: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs…These items belong to ARTCLIKO or are used with the permission of their owners. Therefore, any reproduction, representation, utilisation, adaptation, modification, incorporation, translation, commercialisation, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorisation of ARTCLIKO, except the exceptions endorsed in the article L 122.5 of the French Intellectual Property [Code de Propriété Intellectuelle] under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by French law.
ARTICLE 10 – ARTWORK GUARANTEES
10.1 - The Seller declares the exactness of the information concerning the description of the work(s) or the object of the current Sales Terms. Every artwork will be delivered with a Certificate of Authenticity from the Artist. A guarantee or an additional expertise can be asked but it will be at the expenses of the purchaser if that is lacking during the sale of the work.
ARTICLE 11 – APPLICABLE LAW
11.1 - The special and general terms of sale shall be interpreted in accordance with French law. If one of the terms or conditions of this agreement is declared void, it shall not affect the validity of the general terms of sale as a whole. The Purchaser and the Seller give competence to the courts of French justice to rule on all the disputes related to the conclusion or the termination of the present contract.