General terms and conditions of sale
ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale (called “GTC”) apply, without restriction or reserve, to all sales concluded by the Vendor with non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Vendor on the artybot.fr website. The Products offered for sale on the site are the following:
- tour itinerary
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the artybot.fr site, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the artybot.fr website and will prevail over any other document.
The Customer declares to have read the present GTC and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the artybot.fr site.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Seller’s contact information is as follows:
- Up Culture, SAS
- Share capital of 8000 euros
- Registered at the RCS of Troyes, under the number 884018391
- 62 Boulevard Gambetta, 10000 Troyes
- Email : firstname.lastname@example.org
- Intracommunity VAT number FR10884018391
The Products presented on the artybot.fr website are offered for sale in the following territories:
- Africa, America, Oceania, Asia, Europe.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and under the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the artybot.fr site, at the time of the registration of the order by the Seller.
The prices are expressed in Euros, HT and TTC.
The prices take into account possible discounts that would be granted by the Seller on the site artybot.fr.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is up to the Customer to select on the artybot.fr site the Products he wishes to order, according to the following modalities:
- The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or log in to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions provided.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the artybot.fr website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions carried out on the artybot.fr site.
Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - Deliveries
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
Africa, Asia, Europe, Oceania, America.
Deliveries are made within 3 to 5 days to the address indicated by the Customer when ordering on the site.
Delivery is the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 20 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption The sums paid by the Customer will then be returned to him at the latest in the fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of the order and to which the carrier will have easy access.
When the Customer has himself hired a carrier of his own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of 20 days from delivery to make claims by mail, accompanied by all supporting documents (including photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms and conditions specified in these GTC.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.”
Article L217-5 of the Consumer Code
“The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.”
Article 1641 of the Civil Code.
“The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert his rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.
Refunds, replacements or repairs of Products found to be non-conforming or defective shall be made as soon as possible and no later than 30 days following the determination by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller shall not be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the artybot.fr website are the following:
Ordering Products :
When ordering Products by the Customer :
Full name, postal address, telephone number and e-mail address.
Within the framework of the payment of the Products offered on the artybot.fr site, the latter records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
The personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and Privacy
Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Enforcement of Customer and User Rights
In application of the regulations applicable to personal data, customers and users of the artybot.fr site have the following rights:
- They can update or delete their data in the following ways:
by sending an email to email@example.com.
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Customer’s request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he/she agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the artybot.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.