Terms of Sales
Terms of Sales
Last updated on [01/21/2022]
Welcome and thank you for your trust. You will find below the general conditions of sale applicable to the site www.ArtForgeMiniature.with.
DEFINITIONS
Capitalized terms in this document refer to the following:
The "Company" or " ArtForgeMiniature " refers to the company BLGD Entreprise, whose head office is located at 21 boulevard Kraëmer 13014 Marseille, France, registered in the trade and companies register under the number: 85046833100010, and whose intra-community VAT number is FR 37 850468331.
The "Site" refers to the Internet site(s) accessible from the URL link www.ArtForgeMiniature.com and all websites published by ArtForgeMiniature to present and sell its Products.
The "User" means any person browsing the Site.
The "Product" refers to any type of material product sold online on the Website, and in particular jewellery, decorative items and fashion accessories.
The "Order" means any purchase of a Product by the Customer from ArtForgeMiniature via the Website.
The "Customer" means the natural or legal person, professional or consumer, who buys a Product from ArtForgeMiniature on the website.
The "General Conditions of Sale", "CGV" or "CG" designate the present general conditions of sale, applicable within the framework of the contractual relationship between ArtForgeMiniature and its Customers, which includes the privacy policy that may be available on the Website and any element of the Website to which they expressly refer.
"Login Information" means the username and password provided by ArtForgeMiniature to the Customer so that he can access his personal space via the Website.
"Partner" means any professional partner with whom ArtForgeMiniature maintains a business relationship or to which ArtForgeMiniature may appeal in the context of the sale of a Product and to which the Customer may be directed in the context of his Order.
CHAMP D'APPLICATION
2.1. Object. These GCS govern the sale of any Product to a Customer on the Website, which includes the conditions of use of the Website made available by ArtForgeMiniature.
2.2. Ability. Any use of the Website to place an Order implies acceptance and compliance with all the terms of these GCS. The Customer declares to be of legal age and capable of contracting according to the law of his country or declares to represent, by virtue of a valid mandate, the person for whom he is placing the Order.
2.3. Access to the T&Cs. The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. They take effect from the date of update indicated at the top of this document. The GCS apply to the exclusion of all other conditions, and in particular those applicable to sales by other channels of distribution and marketing of the Products.
2.4. Acceptance of the T&Cs. The Customer declares to have read the GCS and to have accepted them before any Order, which implies unreserved acceptance of these general conditions of sale.
By this acceptance, the Customer acknowledges having received, prior to any order, sufficient information and advice from ArtForgeMiniature through the Website, allowing him to ensure that the content of his order meets his needs. These T&Cs constitute all the rights and obligations of the parties within the framework of the contractual relationship.
Unless proven otherwise, the data recorded by the Website constitutes proof of all facts, acceptances and transactions.
2.5. Scope of the T&Cs. The Customer may request a copy of the version of the GCS applicable to his Order at any time. No specific condition, at the Customer's initiative, can be added and/or substituted for these. ArtForgeMiniature reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are communicated to the Customer before the Order. The fact thatArtForgeMiniature fails, in one or more instances, to enforce any of the terms, covenants or conditions of the T&Cs, or does not exercise any right or privilege conferred by the T&Cs, shall not be construed as a waiver subsequent to these terms, covenants, conditions, rights or privileges,
PRODUCT CHARACTERISTICS
The Customer can refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation email. The color of the photos may vary depending on the computer screen used. The Customer is expressly informed that any Product offer is subject to change. Only the Product described in the Order is due to the Customer.
The Products governed by the T&Cs are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, the responsibility of ArtForgeMiniature can only be engaged if the error or omission affects a substantial element of the Product in question. The Product purchased by the Customer is provided in its version in effect on the date of purchase.
THE COMMAND
4.1. The Client has reached the age of majority. The Customer warrants to ArtForgeMiniature that he is of legal age and that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Order.
4.2. Order on the Website. After selecting the Product he wishes to purchase on the Website, the User is directed to an order page on which he provides his personal data (surname, first name, email, postal address, telephone number) and all the information and contact details necessary and precise to allow the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in installments) according to the possibilities offered by ArtForgeMiniature.
4.3. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees ArtForgeMiniature against any false identity. The Customer cannot hold ArtForgeMiniature responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that he will actually be able to receive the package at the address indicated, according to the delivery times indicated when placing the Order.
In the event of an error in the address made by the Customer, the Product will be returned to ArtForgeMiniature. If the Customer wishes the Product to be shipped again to another address, the new shipping costs incurred will be borne by the Customer. If the Customer does not wish the Product to be reshipped to another address and requests a refund, the initial shipping costs will not be refunded.
4.5. Payment obligation. Any Order received by ArtForgeMiniature is deemed to be firm and final, and entails full and complete adherence and acceptance of these GCS under the conditions provided therein, as well as the obligation to pay for any Product ordered.
4.6. Electronic signature. The online provision of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and will be worth:
The commitment to pay the amount due under the Order;
The signature and express acceptance of all operations carried out.
4.7. Order confirmation. After having read and accepted the GCS by ticking the box provided for this purpose, the Customer is directed to a summary page of the Order, on which he provides his bank details before validating the payment. It is up to the Customer to check the summary of his Order and to correct it if necessary, before confirming the payment of the Order. This second click definitively confirms the Customer's Order.
4.8. Confirmation email. The Customer receives a confirmation e-mail and a summary of his Order as soon as the payment is validated by ArtForgeMiniature or its payment service provider. The Customer must have a functional electronic mailbox. Otherwise, he will not be able to receive written confirmation of his order at the e-mail address provided.
4.9. Proof of transaction. The computerized registers, kept in the computer systems of ArtForgeMiniature under reasonable conditions of security, will be considered as proof of communications, Orders and payments made between the parties. The archiving of Orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
PRICE
5.1. Applicable rates. The Product ordered is sold at the prices displayed on the Website when the Customer's Order is registered by ArtForgeMiniature.
The prices are expressed in your currency according to your location and take into account any applicable VAT. The reference currency is the Euro (€). Any change in the applicable VAT rate will automatically be reflected in the price of the Products. Unless otherwise indicated, the prices indicated on the Site are provided inclusive of all taxes.
When purchasing in a currency other than Euro, the currency conversion is done by our partner Flow Commerce Inc. and includes a conversion fee, which covers processing and exchange rate guarantees at checkout .
We recommend that you pay for your order in the currency in which your payment method was issued. If you have the option of paying in another currency, your bank may charge you an additional fee to convert that currency back into your home currency.
In the event of an international sale, all customs duties and various taxes to be paid are the sole responsibility of the customer (DDU). It is the Customer's responsibility to carry out any useful checks and to comply with his tax obligations. ArtForgeMiniature cannot be held responsible in this regard and the Customer is solely responsible.
5.2. Amounts to be paid. Validation of the Order makes all sums due in this respect payable. By validating the Order, the Customer authorizes ArtForgeMiniature (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose bank details have been provided by the Customer, in accordance with any deadlines indicated in the Order Summary.
5.3. Payment method. To pay for his Order, the Customer has the choice between all the payment methods made available to him by ArtForgeMiniature and appearing on the Website (in particular: payment by credit card (Visa, Mastercard, Maestro, American Express), PayPal, Amazon Pay).
The Customer chooses the direct debit method with the payment systems and services offered, which are secure services provided by third parties subject to specific contractual conditions on which ArtForgeMiniature has no control.
Stripe (https://stripe.com/payment-terms/legal),
PayPal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR)
Amazon Pay (https://pay.amazon.fr/help/201212430)
Payment is made by SEPA direct debit or from the information on the bank card provided, depending on the payment method offered by the payment service provider and the Customer's choice. ArtForgeMiniature reserves the right to use the payment service providers of its choice and to modify them at any time.
5.4. Debit authorization. By communicating his bank details at the time of the Order, the Customer authorizes ArtForgeMiniature to debit his account with the amount of the price indicated on the Site for the corresponding Product.
5.5. Special offers and coupons. ArtForgeMiniature reserves the right to offer time-limited offers, promotional offers or price reductions on its Products and to revise its offers and prices on the Website at any time, under the conditions provided by law. The applicable prices are those in force at the time of the Customer's Order, who cannot claim other prices, prior or subsequent to his Order. Discount vouchers may be subject to special conditions and are strictly personal to their beneficiary and can only be used once.
5.6. Payment incident - Fraud. ArtForgeMiniature reserves the right to suspend any Order processing and any delivery in the event of failure of the transaction or in the event of non-payment. ArtForgeMiniature reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.
ArtForgeMiniature may contact the Customer to request additional documents in order to execute payment for the Order. ArtForgeMiniature can be based on the information provided by the order analysis system. The provision of the requested documents is necessary for ArtForgeMiniature can confirm the Order. In order to fight against credit card fraud, a visual verification of the means of payment can be carried out by ArtForgeMiniature before delivery of the Product. In the event of fraudulent use of a bank card, the Customer is invited, as soon as this use is observed, to contact ArtForgeMiniature, without prejudice to the measures to be taken by the Client with his bank.
5.7. Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the Customer.
5.8. ArtForgeMiniature donates every 5th of the month the total amount collected as part of the collection for WWF France. 1€ is donated for each sculpture purchased. Thus for an order including 3 sculptures and 1 accessory (cord or maintenance product) 3€ will be donated to WWF France.
SHIPPING
Stock availability
The Products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered Product, ArtForgeMiniature immediately inform the Customer and may offer him a Product of equivalent quality and price or, failing that, refund the Order if the Customer so wishes. Apart from the reimbursement of the price of the unavailable Product, ArtForgeMiniature is not required to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to ArtForgeMiniature.
Right of retention and transfer of risk
ArtForgeMiniature remains the owner of the Products sold until full payment of the price. ArtForgeMiniature undertakes to take all the necessary precautions for the proper conservation of the Products while they are in its possession. Except in the case where full payment of the price has not been made at the time of the order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and any service provider other than the carrier offered by ArtForgeMiniature, takes physical possession of it. In any case, when the Customer entrusts the delivery of the goods to a carrier other than that proposed by ArtForgeMiniature, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
Countries to which we deliver:
Delivery is possible worldwide, with the exception of the following countries to which we do not yet ship our products:
Algeria, China, India, Indonesia, Iran, (Islamic Republic of), Iraq, Lebanon, Morocco, South Africa, Tunisia, Venezuela.
Shipping methods and carrier
When placing an order, the Customer has the choice between: standard delivery and express delivery. Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and to which the carrier can easily access. When placing the Order, ArtForgeMiniature can offer the Customer different delivery methods. The Customer will then be informed, before finalizing his Order, of the deadlines and prices charged by the carrier.
Standard delivery: Standard delivery is free for any order of one or more products over €50.
For Products made by hand in our workshop in Ukraine: standard delivery is made from Ukraine via UkrPoshta, which applies its own general conditions of sale, accessible via the following link: https://www.ukrposhta.ua /en/pravyla-nadannia-posluh-poshtovoho-zviazku.
The delivery times indicated in the order may be longer and vary, taking into account the vagaries of delivery by the postal services and any unforeseeable event outside the ArtForgeMiniature or the carrier (e.g. strike).
Late delivery
When the Product ordered is not delivered no later than the date indicated on the Order Form or provided for in the GCS, the Customer may, after having unsuccessfully ordered ArtForgeMiniature to perform its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered terminated upon receipt by ArtForgeMiniature of the letter or writing informing him of this termination, unless ArtForgeMiniature has fulfilled its delivery obligation in the meantime. When the contract is terminated under these conditions, ArtForgeMiniature will reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
Unless otherwise provided by law, and unless otherwise provided herein, exceeding delivery times cannot give rise to damages or compensation of any kind whatsoever. ArtForgeMiniature reserves the right to forward the Customer's complaint to the carrier responsible for the delivery, who may, if necessary, ask the Customer for additional information concerning the delay.
Place of delivery
The Products are delivered to the address indicated by the Customer when ordering. The Customer cannot change the place of delivery after the Order has been placed. ArtForgeMiniature may deliver the Product directly to the Customer's address or to a collection point. In the event of an epidemic or any other health risk, the package can be left in front of the building at the place of delivery (contactless delivery). A non-expired identity document may be requested before delivery of the Product. Within fifteen days of the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the period and under the conditions provided, the Order will be canceled and the return costs may be charged to the Customer.
Product Condition.
When the Product is delivered to the address indicated by the Customer when ordering, it is the Customer's responsibility to check the condition of the Product delivered in the presence of the deliverer and, in the event of damage or incomplete delivery, to issue "reservations" on the delivery and possibly to refuse the delivery of the Product directly to the deliverer.
RIGHT TO RETRACT
7.1. Deadline. The Customer has the right to cancel his Order, without giving any reason, within fourteen calendar days from the day following receipt of the Product by the Customer or any third party authorized for delivery, at the address indicated or at the withdrawal point.
In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period runs from the receipt of the last Product, or lot / piece. If the period expires on a Saturday, Sunday or public holiday, it is extended until the end of the last hour of the first following working day.
7.2. Exercise mode. To exercise the right of withdrawal, the Customer notifies ArtForgeMiniature its decision to withdraw from the contract by means of an unequivocal declaration by post to the address: ArtForgeMiniature - BLGD Entreprise 21 boulevard Kraëmer 13014 Marseille FRANCE or by e-mail to the address: Service@ArtForgeMiniature.com. The Customer may use the model withdrawal form reproduced below, but this is not mandatory. The burden of proof of the exercise of the right of withdrawal rests with the Customer.
7.3. Return of the Product. The Customer must return to ArtForgeMiniature the Product for which he has withdrawn no later than fourteen days after sending his withdrawal decision. This deadline is deemed to have been met if the products are returned before the expiry of the fourteen-day period in accordance with the return conditions. The costs of returning the products are the responsibility of the Customer. The conditions for returning products are specified in the article “TERMS OF RETURN OF PRODUCTS” to which the Customer must refer.
7.4. Refund. In the event of exercise by the Customer of his right of withdrawal, ArtForgeMiniature will refund the price of the Product at the latest within fourteen days, from the day after the day of receipt of the Customer's decision to withdraw. ArtForgeMiniature makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless it expressly accepts a different means; in any case, this refund will not entail any costs for the Customer. ArtForgeMiniature may defer reimbursement until receipt of the Product, or until the Customer has provided proof of shipment of the Product, the date used being that of the first of these events.
SAMPLE WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
Attention: BLGD Enterprise. 21 Boulevard Kraemer, 13014 Marseille, France (Service@ArtForgeMiniature.with) :
I / we (*) hereby notify you my / our (*) withdrawal from the contract of sale of the product (*) below:
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of BLGD Enterprise. 21 Boulevard Kraemer, 13014 Marseille, France (Service@ArtForgeMiniature.with) :
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the product (*) below:
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
(*) Strike out the useless mention.
ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:
Supply of goods made to consumer specifications or clearly personalized;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
GUARANTEES
8.1. Terms. It is recalled that the legal guarantees of conformity and guarantee against hidden defects are provided below for the benefit of consumer or non-professional Customers and assume normal use of the Products according to the practices in force. These warranties apply outside of any commercial warranty. It is advisable to check the product at the time of delivery and in the event of non-compliance of the delivered Product (product error, defective, damaged or incomplete product), to issue written reservations at the latest within three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect noted, the Customer returns the defective Product to ArtForgeMiniature. In all cases, the legal deadlines apply.
8.2. Guarantee of conformity. The conformity guarantee is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between the repair or the replacement of the defective product. However, if this choice entails a manifestly disproportionate cost compared to the other possible option, taking into account the value of the product or the importance of the defect, the Customer's choice may be rejected.
8.3. Warranty against hidden defects. The warranty against hidden defects is a legal warranty that applies outside of any commercial commitment. The Customer may decide to invoke the guarantee against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may request the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code. In all cases, the product in question will be the subject of an analysis directly by the manufacturer, whether ArtForgeMiniature or a third party.
8.4. Legal dispositions. By accepting the T&Cs, the Customer certifies having read the following legal provisions:
Article L. 217-4 of the Consumer Code: "The seller delivers products that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, instructions for assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code "The product complies with the contract:
1st: If it is specific to the use usually expected of a similar product and, where applicable:
if it corresponds to the description given by the seller and presents 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 given the public statements made by the seller, the producer or 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 attention 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 is limited to two years from the delivery of the product."
Article L. 217-16 of the French Consumer Code: "When the buyer asks the seller, during the commercial guarantee granted to him during the acquisition or repair of a physical product, 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 request for intervention by the buyer or the provision of the product in question for repair, if this provision is subsequent to the request for intervention. "
Article 1641 of the French Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them."
Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in article 1642-1, the buyer must exercise the action, on pain of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. "
8.5. 30 day commercial guarantee. The commercial guarantee designates any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the Product, in addition to its legal obligations to guarantee the conformity of the products.
ArtForgeMiniature offers the Customer the possibility of returning the Product ordered on the Site within thirty (30) days of receipt and requesting an exchange or a refund. If the product chosen for the exchange is of a lower value than that of the exchanged product, the Customer will not be able to request reimbursement of the price difference. If, on the contrary, the chosen product is of a higher value than the exchanged product, the Customer must pay the difference in price between the two products.
Without prejudice to the other cases provided for in the GCS, products on sale or on promotion or products that have been unsealed and cannot be put back on sale for hygiene reasons (earrings, Viking beads, etc.) cannot be exchanged or reimbursed under the commercial guarantee.
It is up to the consumer to choose a delivery method offering satisfactory security and tracking guarantees. In all cases, the customer bears all the risks of loss and deterioration of the product and the responsibility for ArtForgeMiniature cannot be engaged in this respect.
The request to exercise the commercial guarantee must be sent before the end of the 30-day period following receipt of the product by the Customer by writing to the postal address: BLGD Entreprise, 21 boulevard Kraëmer 13014 Marseille, FRANCE or by email has : Service@ArtForgeMiniature.with. ArtForgeMiniature reserves the right to refuse any request after the deadline.
RETURN CONDITIONS
Address
Products must be returned to the following address: BLGD Entreprise / ArtForgeMiniature, 21 Boulevard Kraemer 13014 Marseilles, France. Any Product returned to a different address cannot be exchanged or refunded. The Customer will be asked to attach to the return package a copy of the Order confirmation letter or a handwritten document mentioning the Order number and the price paid for the Order, as well as the withdrawal form or any other declaration without ambiguity concerning the exercise of the right of withdrawal, a legal or commercial guarantee, justifying the return of the Product.
Condition
The Customer may return the Product in its original packaging, or in any other packaging, provided that all precautions are taken to ensure that the Product is packaged and protected as well as possible in its original packaging so that it does not suffer any damage. during the transport. Unless otherwise provided by law, any Product returned incomplete or damaged during transport or showing signs of wear or odors cannot be exchanged or refunded to the Customer.
In the event of a return that does not comply with the legal and/or commercial conditions provided for, no exchange will be possible and no refund will be made and the Customer will remain the owner of the returned Product, which he can withdraw directly from ArtForgeMiniature, or which will be returned at its expense within a maximum period of one month, after notification of the refusal of reimbursement by ArtForgeMiniature.
Return and refund costs
In the event of exercise of the right of withdrawal, the commercial guarantee or a legal guarantee, the Customer may choose between the reimbursement of the Product or an exchange.
In the event of a refund request:
The Customer pays in advance all shipping costs for the return of the Product. Upon receipt of the Product, ArtForgeMiniature proceeds to the full refund of the price of the returned Product, including the initial shipping costs and the shipping costs for the return of the Product paid by the Customer. ArtForgeMiniature makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless it expressly accepts another means. Please note that payment processing may take up to 7 business days depending on your bank or payment service provider. Once refunded, it may take up to 3 business days for the funds to be returned to your credit card or PayPal account.
When the product is returned by exercising the right of withdrawal or a commercial guarantee, ArtForgeMiniature reimburses the shipping costs for the return of the product up to 10€
In case of exchange request
The Customer prepays all shipping costs for the return of the Product. Upon receipt of the Product, ArtForgeMiniature gives the Customer a voucher for a value equal to the price of the returned Product, including the initial shipping costs. This voucher will be deducted from the price of the order of the new Product chosen by the Customer. Standard shipping costs for this new product will not be charged to the Customer for an order placed as part of an exchange. The new Product will be sent by standard shipment, under the conditions provided for in the "Orders" article of these General Conditions.
WEBSITE ACCESS
10.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs related to access to the Website, whether hardware, software or Internet access costs, are the sole responsibility of the User. ArtForgeMiniature cannot be held responsible for any material damage related to the use of the Website. In addition, the User undertakes to access the Website using recent and virus-free equipment, and with an updated latest-generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
10.2. Maintenance. The Website may be subject to maintenance operations. For this purpose, ArtForgeMiniature reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Website in order to ensure its maintenance (in particular by means of updates) without the interruption entitles you to any obligation or compensation.
10.3. Contractual responsibility. ArtForgeMiniature implements all reasonable means at its disposal to ensure continuous and quality access to the Website, but is under no obligation to do so. Especially, ArtForgeMiniature can not be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the website.
10.4. Registration on the Website. ArtForgeMiniature may provide for a registration procedure on the Website to access a user area. This procedure may include login information allowing any User registered on the Website to access their account and order information. All login information provided by ArtForgeMiniature to the User are strictly personal, individual, confidential and non-transferable. The User will be responsible for any unauthorized, fraudulent or abusive use of his login information. The User is invited to contact ArtForgeMiniature if he has not received or if he has misplaced the information allowing him to connect to his user space so that it is sent back to him.
10.5. Loss of login information. The User shall immediately inform ArtForgeMiniature the loss or theft of their login information. In the event of proven violation of the conditions of access to the Website, ArtForgeMiniature reserves the right to suspend access to the Website, without compensation, notice or prior information. The subsequent communication of the connection data releases ArtForgeMiniature of any liability with regard to the User, who cannot hold it responsible for the unavailability of the Website.
PROTECTION OF PERSONAL DATA
ArtForgeMiniature respects the privacy of its Users and Customers. It ensures that the collection and automated processing of User and Consumer data - the purpose of which is to: provide access to the Site and improve it, allow commercial prospecting, management of Orders, contracts and the delivery of the Products - carried out by ArtForgeMiniature comply with the General Data Protection Regulation (GDPR) and the Data Protection Act in their latest versions.
The information requested in the forms available on the Website marked with an asterisk are mandatory and necessary for the processing of requests and Orders and failure to complete a mandatory field will make it impossible for ArtForgeMiniature to process User requests and Customer Orders.
The personal data of natural persons will not be kept beyond the time strictly necessary for the purposes for which they are processed. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation and foreclosure periods of legal or administrative actions which may arise.
All Users are informed and accept that the Site may include technical characteristics allowing their use to be monitored (logged-in User account, IP address, type of application used, various logs of connection and use of the User account, etc. ) and can be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illegal or non-compliant use of the Site.
In accordance with the GDPR, any person affected by the data processing carried out by ArtForgeMiniature has, under the applicable conditions, a right of access, rectification, limitation of processing, opposition to processing, data portability and erasure of its data as well as the right not to subject to automated individual decision-making, including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
Any exercise request can be sent by email to: Customerservice@ArtForgeMiniature.com. Any person concerned by the processing of data has the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) or any other supervisory authority on which it depends.
For more information on automated data processing and the procedures for exercising their rights, any User may consult the privacy policy available at any time on the Site and information on the cookies used by ArtForgeMiniature.
PARTNER WEBSITES - HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site, the websites of Partners or third parties, which are not subject to these T&Cs. The User is therefore invited to read the general conditions of use as well as the privacy policies or any other legal information applicable to these third-party websites.
The User is informed that the Site may require access to other websites, designed and managed by third parties. No control over the content of these sites is exercised by ArtForgeMiniature, which declines all responsibility for their content and for the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, ArtForgeMiniature reserves the right to request the deletion of the hypertext link directing to the Site if it considers that this link does not respect its rights and legitimate interests.
FORCE MAJEURE OR FORTUITOUS CASES
The fulfillment of the obligations of ArtForgeMiniature hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. This suspension may concern all or part of the Order. In this case, ArtForgeMiniature will inform the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to a restitution. If the definitive impediment is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly agree that they cannot invoke a case of force majeure to defer payment (of an invoice, for example) for a Product or to refuse delivery of an Order placed.
Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by case law, in particular: strikes or social conflicts internal or external to ArtForgeMiniature, natural disasters, fire, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control of ArtForgeMiniature.
ArtForgeMiniature can in no way be held responsible for the difficulties encountered by the User or the Customer to access the Website due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Therefore, ArtForgeMiniature cannot be held responsible for the unavailability, slowdown or failure of the Internet network or any IT solution, except in the event of proven negligence on its part.
INTELLECTUAL PROPERTY
ArtForgeMiniature or its Partners are the owners of all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not under any circumstances reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or Products in violation of the rights of intellectual property rights holders thereon.
Any unauthorized use of all or part of the Site or the Products may be the subject of any appropriate action, including the termination of access to the Site or an action for infringement.
All the distinctive signs used by ArtForgeMiniature are protected by law and any unauthorized use may result in prosecution.
Failure to respect the intellectual property of ArtForgeMiniature or its Partners will be analyzed as a serious fault of the User or of the Customer causing damage to ArtForgeMiniature, which reserves the right, in this case, to claim any damages.
REFERENCES AND COMMUNICATION WITH THE CUSTOMER
15.1. Customer reference. ArtForgeMiniature may request that the Customer be cited as the purchaser of a Product. With the Client's agreement, ArtForgeMiniature may be authorized to mention the name of the Customer, the assessment he has made of ArtForgeMiniature or on the Product as well as an objective description of the Product which was sold to it in its reference pages and its proposals for the attention of its prospects and customers, in particular on the Website, for promotional and advertising purposes, during interviews with third parties, communications to its personnel, internal management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
15.2. Content Usage Agreement. When the Customer sends writings, videos and/or photos to ArtForgeMiniature to give an opinion on the Product supplied by ArtForgeMiniature, and, where appropriate, makes comments or posts regarding ArtForgeMiniature to which his username and profile picture are attached (for example, on social media), the Customer authorizes ArtForgeMiniature to use these contents for the promotion of its commercial activities. The content is likely to be protected by image rights and/or copyright, and in this case, the Customer grants ArtForgeMiniature the possibility of adapting them (in any form whatsoever) and of reproducing them on all media, in particular by presenting them as a commercial reference and/or as a review. For example, ArtForgeMiniature may take screenshots of social media posts about him or the Product delivered to the Customer, and reproduce them on the Website as a review.
The Customer acknowledges that his rights are satisfied and may not request any payment for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. ArtForgeMiniature reserves the right to submit to the Customer any other request for authorization and transfer of rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Events. The provisions of the previous paragraph apply in the same way with regard to videos and photographs taken during any type of event (public, reserved for Customers, etc.) organized or co-organized by ArtForgeMiniature. Recordings can be published by ArtForgeMiniature, including on social media. If the Client does not wish to appear in a publication, he will stand at the back of the room, refrain from participating in group photos and refrain from waving at the photographer / cameraman.
GTC EVOLUTION
ArtForgeMiniature reserves the right to modify the terms, conditions and mentions of the GCS at any time and without notice in order to adapt them to the evolutions of the Website or its offers. The applicable conditions are those accepted by the Customer and which are transmitted to him in the event of an online sale by any means of communication on a durable medium.
Changes to the T&Cs made by ArtForgeMiniature will not apply to orders already placed, with the exception of the clauses relating to the technical development of the Website, provided that these modifications do not result in a price increase or an alteration in quality, or characteristics having conditioned the Customer's commitment.
The Customer may also be asked to accept the modified T&Cs, failing which the last accepted T&Cs will remain applicable until the actual delivery of the Product. If ArtForgeMiniature is unable to continue the execution of the Contract under the previous conditions, the Customer has the right to request the termination of the Contract and the reimbursement of his Order.
RESPONSIBILITY
17.1. Responsibility of Users and Customers
The User and the Customer are solely responsible for the interpretations they make of the information provided on the Products, the advice they deduce therefrom or which has been provided to them and the adaptations made for their own activities. The use of the information is made under the sole responsibility of the Client and at his own risk, which the Client expressly accepts.
When the Product is delivered with a manual or user guide, including by reference to a URL link, the Customer undertakes to read them and to use the Product in accordance with the recommendations provided.
In the exchange spaces, the Client assumes, as Publisher, the responsibility for the communication of information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for their site(s). (s) Internet, blogs, social media pages and accounts. The Customer is solely responsible for the quality, legality and relevance of the data and content that he transmits to the public.
17.2. Limitation of liability with regard to Professional Clients
Regardless of the type of Product ordered by the Professional Customer, the responsibility of ArtForgeMiniature is expressly limited to the repair of direct damage proven by the Professional Client. Never, ArtForgeMiniature cannot be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation of the professional Client .
Likewise, ArtForgeMiniature cannot be held liable for direct or indirect damage caused to the User's equipment, when accessing the Website, and resulting either from the use of equipment that does not meet the conditions provided, or from a bug or incompatibility.
IN ANY EVENT, THE RESPONSIBILITY OF ArtForgeMiniature WITH REGARD TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE EXCLUDING TAXES PAID BY THE CUSTOMER FOR THE SUPPLY OF THE PRODUCT IN THE FRAMEWORK OF WHICH THE DISPUTE ARISES. THIS AMOUNT SHALL BE THE MAXIMUM THAT ArtForgeMiniature MAY BE REQUIRED TO PAY INDEMNITIES (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE ALLEGED DAMAGES AND THE LEGAL BASIS ADOPTED UNLESS REGULATIONS OR JURISPRUDENCE OPPOSITE IT.
DIVERS
The T&Cs and all purchase and sale transactions referred to therein are governed by French law. The T&Cs and the Site are provided in English. In the event that they are translated into one or more languages, only the English version will prevail in the event of a dispute.
If any provision of the T&Cs is held to be invalid, unenforceable, unenforceable or ineffective, that provision shall not invalidate the T&Cs and the validity of the other provisions shall not be affected.
The fact that ArtForgeMiniature delays in exercising one of the rights conferred on it by the GTC or the Contract, or that it does not exercise these rights, cannot be interpreted as a waiver of this exercise.
The Customer accepts that ArtForgeMiniature may assign this Agreement to its affiliates or an acquirer without its prior consent.
The Customer agrees that the company may assign the contract to its affiliates or to a third party without its prior consent, provided that such assignment does not diminish the rights of the consumer Customer.
DISPUTES
19.1. Amicable resolution. In the event of a dispute, the Customer will first contact ArtForgeMiniature to try to find an amicable solution.
19.2 Mediation.
In the event of difficulty in the execution of the contract, the consumer Customer residing in Europe has the possibility, before any legal action, of being assisted by the following consumer mediator: FEVAD, by sending a written request to the address following email: contact@fevad.com, or at the following postal address:
FEVAD e-commerce mediator
60 rue la Boétie
75008 Paris
France
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can access the Online Dispute Resolution Platform (ODR) accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm .
19.3. Dispute between professionals.
IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND ArtForgeMiniature CONCERNING THE ORDER, THE INTERPRETATION, THE EXECUTION AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE GIVEN TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF MARSEILLE, FRANCE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR CALL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES.
Last updated on [01/21/2022]
Welcome and thank you for your trust. You will find below the general conditions of sale applicable to the site www.ArtForgeMiniature.with.
DEFINITIONS
Capitalized terms in this document refer to the following:
The "Company" or " ArtForgeMiniature " refers to the company BLGD Entreprise, whose head office is located at 21 boulevard Kraëmer 13014 Marseille, France, registered in the trade and companies register under the number: 85046833100010, and whose intra-community VAT number is FR 37 850468331.
The "Site" refers to the Internet site(s) accessible from the URL link www.ArtForgeMiniature.com and all websites published by ArtForgeMiniature to present and sell its Products.
The "User" means any person browsing the Site.
The "Product" refers to any type of material product sold online on the Website, and in particular jewellery, decorative items and fashion accessories.
The "Order" means any purchase of a Product by the Customer from ArtForgeMiniature via the Website.
The "Customer" means the natural or legal person, professional or consumer, who buys a Product from ArtForgeMiniature on the website.
The "General Conditions of Sale", "CGV" or "CG" designate the present general conditions of sale, applicable within the framework of the contractual relationship between ArtForgeMiniature and its Customers, which includes the privacy policy that may be available on the Website and any element of the Website to which they expressly refer.
"Login Information" means the username and password provided by ArtForgeMiniature to the Customer so that he can access his personal space via the Website.
"Partner" means any professional partner with whom ArtForgeMiniature maintains a business relationship or to which ArtForgeMiniature may appeal in the context of the sale of a Product and to which the Customer may be directed in the context of his Order.
CHAMP D'APPLICATION
2.1. Object. These GCS govern the sale of any Product to a Customer on the Website, which includes the conditions of use of the Website made available by ArtForgeMiniature.
2.2. Ability. Any use of the Website to place an Order implies acceptance and compliance with all the terms of these GCS. The Customer declares to be of legal age and capable of contracting according to the law of his country or declares to represent, by virtue of a valid mandate, the person for whom he is placing the Order.
2.3. Access to the T&Cs. The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. They take effect from the date of update indicated at the top of this document. The GCS apply to the exclusion of all other conditions, and in particular those applicable to sales by other channels of distribution and marketing of the Products.
2.4. Acceptance of the T&Cs. The Customer declares to have read the GCS and to have accepted them before any Order, which implies unreserved acceptance of these general conditions of sale.
By this acceptance, the Customer acknowledges having received, prior to any order, sufficient information and advice from ArtForgeMiniature through the Website, allowing him to ensure that the content of his order meets his needs. These T&Cs constitute all the rights and obligations of the parties within the framework of the contractual relationship.
Unless proven otherwise, the data recorded by the Website constitutes proof of all facts, acceptances and transactions.
2.5. Scope of the T&Cs. The Customer may request a copy of the version of the GCS applicable to his Order at any time. No specific condition, at the Customer's initiative, can be added and/or substituted for these. ArtForgeMiniature reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are communicated to the Customer before the Order. The fact thatArtForgeMiniature fails, in one or more instances, to enforce any of the terms, covenants or conditions of the T&Cs, or does not exercise any right or privilege conferred by the T&Cs, shall not be construed as a waiver subsequent to these terms, covenants, conditions, rights or privileges,
PRODUCT CHARACTERISTICS
The Customer can refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation email. The color of the photos may vary depending on the computer screen used. The Customer is expressly informed that any Product offer is subject to change. Only the Product described in the Order is due to the Customer.
The Products governed by the T&Cs are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, the responsibility of ArtForgeMiniature can only be engaged if the error or omission affects a substantial element of the Product in question. The Product purchased by the Customer is provided in its version in effect on the date of purchase.
THE COMMAND
4.1. The Client has reached the age of majority. The Customer warrants to ArtForgeMiniature that he is of legal age and that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Order.
4.2. Order on the Website. After selecting the Product he wishes to purchase on the Website, the User is directed to an order page on which he provides his personal data (surname, first name, email, postal address, telephone number) and all the information and contact details necessary and precise to allow the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in installments) according to the possibilities offered by ArtForgeMiniature.
4.3. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees ArtForgeMiniature against any false identity. The Customer cannot hold ArtForgeMiniature responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that he will actually be able to receive the package at the address indicated, according to the delivery times indicated when placing the Order.
In the event of an error in the address made by the Customer, the Product will be returned to ArtForgeMiniature. If the Customer wishes the Product to be shipped again to another address, the new shipping costs incurred will be borne by the Customer. If the Customer does not wish the Product to be reshipped to another address and requests a refund, the initial shipping costs will not be refunded.
4.5. Payment obligation. Any Order received by ArtForgeMiniature is deemed to be firm and final, and entails full and complete adherence and acceptance of these GCS under the conditions provided therein, as well as the obligation to pay for any Product ordered.
4.6. Electronic signature. The online provision of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and will be worth:
The commitment to pay the amount due under the Order;
The signature and express acceptance of all operations carried out.
4.7. Order confirmation. After having read and accepted the GCS by ticking the box provided for this purpose, the Customer is directed to a summary page of the Order, on which he provides his bank details before validating the payment. It is up to the Customer to check the summary of his Order and to correct it if necessary, before confirming the payment of the Order. This second click definitively confirms the Customer's Order.
4.8. Confirmation email. The Customer receives a confirmation e-mail and a summary of his Order as soon as the payment is validated by ArtForgeMiniature or its payment service provider. The Customer must have a functional electronic mailbox. Otherwise, he will not be able to receive written confirmation of his order at the e-mail address provided.
4.9. Proof of transaction. The computerized registers, kept in the computer systems of ArtForgeMiniature under reasonable conditions of security, will be considered as proof of communications, Orders and payments made between the parties. The archiving of Orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
PRICE
5.1. Applicable rates. The Product ordered is sold at the prices displayed on the Website when the Customer's Order is registered by ArtForgeMiniature.
The prices are expressed in your currency according to your location and take into account any applicable VAT. The reference currency is the Euro (€). Any change in the applicable VAT rate will automatically be reflected in the price of the Products. Unless otherwise indicated, the prices indicated on the Site are provided inclusive of all taxes.
When purchasing in a currency other than Euro, the currency conversion is done by our partner Flow Commerce Inc. and includes a conversion fee, which covers processing and exchange rate guarantees at checkout .
We recommend that you pay for your order in the currency in which your payment method was issued. If you have the option of paying in another currency, your bank may charge you an additional fee to convert that currency back into your home currency.
In the event of an international sale, all customs duties and various taxes to be paid are the sole responsibility of the customer (DDU). It is the Customer's responsibility to carry out any useful checks and to comply with his tax obligations. ArtForgeMiniature cannot be held responsible in this regard and the Customer is solely responsible.
5.2. Amounts to be paid. Validation of the Order makes all sums due in this respect payable. By validating the Order, the Customer authorizes ArtForgeMiniature (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose bank details have been provided by the Customer, in accordance with any deadlines indicated in the Order Summary.
5.3. Payment method. To pay for his Order, the Customer has the choice between all the payment methods made available to him by ArtForgeMiniature and appearing on the Website (in particular: payment by credit card (Visa, Mastercard, Maestro, American Express), PayPal, Amazon Pay).
The Customer chooses the direct debit method with the payment systems and services offered, which are secure services provided by third parties subject to specific contractual conditions on which ArtForgeMiniature has no control.
Stripe (https://stripe.com/payment-terms/legal),
PayPal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR)
Amazon Pay (https://pay.amazon.fr/help/201212430)
Payment is made by SEPA direct debit or from the information on the bank card provided, depending on the payment method offered by the payment service provider and the Customer's choice. ArtForgeMiniature reserves the right to use the payment service providers of its choice and to modify them at any time.
5.4. Debit authorization. By communicating his bank details at the time of the Order, the Customer authorizes ArtForgeMiniature to debit his account with the amount of the price indicated on the Site for the corresponding Product.
5.5. Special offers and coupons. ArtForgeMiniature reserves the right to offer time-limited offers, promotional offers or price reductions on its Products and to revise its offers and prices on the Website at any time, under the conditions provided by law. The applicable prices are those in force at the time of the Customer's Order, who cannot claim other prices, prior or subsequent to his Order. Discount vouchers may be subject to special conditions and are strictly personal to their beneficiary and can only be used once.
5.6. Payment incident - Fraud. ArtForgeMiniature reserves the right to suspend any Order processing and any delivery in the event of failure of the transaction or in the event of non-payment. ArtForgeMiniature reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.
ArtForgeMiniature may contact the Customer to request additional documents in order to execute payment for the Order. ArtForgeMiniature can be based on the information provided by the order analysis system. The provision of the requested documents is necessary for ArtForgeMiniature can confirm the Order. In order to fight against credit card fraud, a visual verification of the means of payment can be carried out by ArtForgeMiniature before delivery of the Product. In the event of fraudulent use of a bank card, the Customer is invited, as soon as this use is observed, to contact ArtForgeMiniature, without prejudice to the measures to be taken by the Client with his bank.
5.7. Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the Customer.
5.8. ArtForgeMiniature donates every 5th of the month the total amount collected as part of the collection for WWF France. 1€ is donated for each sculpture purchased. Thus for an order including 3 sculptures and 1 accessory (cord or maintenance product) 3€ will be donated to WWF France.
SHIPPING
Stock availability
The Products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered Product, ArtForgeMiniature immediately inform the Customer and may offer him a Product of equivalent quality and price or, failing that, refund the Order if the Customer so wishes. Apart from the reimbursement of the price of the unavailable Product, ArtForgeMiniature is not required to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to ArtForgeMiniature.
Right of retention and transfer of risk
ArtForgeMiniature remains the owner of the Products sold until full payment of the price. ArtForgeMiniature undertakes to take all the necessary precautions for the proper conservation of the Products while they are in its possession. Except in the case where full payment of the price has not been made at the time of the order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and any service provider other than the carrier offered by ArtForgeMiniature, takes physical possession of it. In any case, when the Customer entrusts the delivery of the goods to a carrier other than that proposed by ArtForgeMiniature, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
Countries to which we deliver:
Delivery is possible worldwide, with the exception of the following countries to which we do not yet ship our products:
Algeria, China, India, Indonesia, Iran, (Islamic Republic of), Iraq, Lebanon, Morocco, South Africa, Tunisia, Venezuela.
Shipping methods and carrier
When placing an order, the Customer has the choice between: standard delivery and express delivery. Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and to which the carrier can easily access. When placing the Order, ArtForgeMiniature can offer the Customer different delivery methods. The Customer will then be informed, before finalizing his Order, of the deadlines and prices charged by the carrier.
Standard delivery: Standard delivery is free for any order of one or more products over €50.
For Products made by hand in our workshop in Ukraine: standard delivery is made from Ukraine via UkrPoshta, which applies its own general conditions of sale, accessible via the following link: https://www.ukrposhta.ua /en/pravyla-nadannia-posluh-poshtovoho-zviazku.
For all products displayed in stock: Delivery is made from our warehouse in Marseille (France) by La Poste, which applies its own general conditions of sale, accessible via the following link: https://laposte.fr/medias/sys_master/ apache_synchronised/h70/h5a/11453159931934/CSV-Export-Suivi-V1Jan-2019.pdf.
Express delivery: Express delivery is free for any order of one or more products over €150.
Express delivery is provided worldwide, with the exception of the countries listed in article 2, and is provided by DHL Express which applies its own general conditions of sale, accessible by the following link: https://mydhl. express.dhl/fr/en/legal/terms-and-conditions.html.
delivery time
After your payment has been verified, it may take up to 48 hours for your order to be processed and shipped. Orders placed after 9am PST will be processed the next business day. The consumer is informed, at the time of his order, that certain products are manufactured by hand on request and require a delay of 2 to 7 working days for manufacture before shipping.
Unless otherwise indicated on the Website at the time of the Order and/or on the Order page and unless the law authorizes a longer period, ArtForgeMiniature undertakes to deliver any Product within the delivery times indicated below, depending on the Country where the products are shipped:
*open days
| Delivery country | standard shipping | DHL Express Shipping |
| France | 7-10 days* (from Ukraine) 3 days* (from France) | 1 day* |
| USA / Canada | 7-15 days* | 1 to 2 days* |
| Europe (hors France) | 7 to 10 days* | 3-5 days* |
| Rest of the world | 10 to 20 days* | 2 to 7 days* |
The delivery times indicated in the order may be longer and vary, taking into account the vagaries of delivery by the postal services and any unforeseeable event outside the ArtForgeMiniature or the carrier (e.g. strike).
Late delivery
When the Product ordered is not delivered no later than the date indicated on the Order Form or provided for in the GCS, the Customer may, after having unsuccessfully ordered ArtForgeMiniature to perform its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered terminated upon receipt by ArtForgeMiniature of the letter or writing informing him of this termination, unless ArtForgeMiniature has fulfilled its delivery obligation in the meantime. When the contract is terminated under these conditions, ArtForgeMiniature will reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
Unless otherwise provided by law, and unless otherwise provided herein, exceeding delivery times cannot give rise to damages or compensation of any kind whatsoever. ArtForgeMiniature reserves the right to forward the Customer's complaint to the carrier responsible for the delivery, who may, if necessary, ask the Customer for additional information concerning the delay.
Place of delivery
The Products are delivered to the address indicated by the Customer when ordering. The Customer cannot change the place of delivery after the Order has been placed. ArtForgeMiniature may deliver the Product directly to the Customer's address or to a collection point. In the event of an epidemic or any other health risk, the package can be left in front of the building at the place of delivery (contactless delivery). A non-expired identity document may be requested before delivery of the Product. Within fifteen days of the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the period and under the conditions provided, the Order will be canceled and the return costs may be charged to the Customer.
Product Condition.
When the Product is delivered to the address indicated by the Customer when ordering, it is the Customer's responsibility to check the condition of the Product delivered in the presence of the deliverer and, in the event of damage or incomplete delivery, to issue "reservations" on the delivery and possibly to refuse the delivery of the Product directly to the deliverer.
RIGHT TO RETRACT
7.1. Deadline. The Customer has the right to cancel his Order, without giving any reason, within fourteen calendar days from the day following receipt of the Product by the Customer or any third party authorized for delivery, at the address indicated or at the withdrawal point.
In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period runs from the receipt of the last Product, or lot / piece. If the period expires on a Saturday, Sunday or public holiday, it is extended until the end of the last hour of the first following working day.
7.2. Exercise mode. To exercise the right of withdrawal, the Customer notifies ArtForgeMiniature its decision to withdraw from the contract by means of an unequivocal declaration by post to the address: ArtForgeMiniature - BLGD Entreprise 21 boulevard Kraëmer 13014 Marseille FRANCE or by e-mail to the address: Service@ArtForgeMiniature.com. The Customer may use the model withdrawal form reproduced below, but this is not mandatory. The burden of proof of the exercise of the right of withdrawal rests with the Customer.
7.3. Return of the Product. The Customer must return to ArtForgeMiniature the Product for which he has withdrawn no later than fourteen days after sending his withdrawal decision. This deadline is deemed to have been met if the products are returned before the expiry of the fourteen-day period in accordance with the return conditions. The costs of returning the products are the responsibility of the Customer. The conditions for returning products are specified in the article “TERMS OF RETURN OF PRODUCTS” to which the Customer must refer.
7.4. Refund. In the event of exercise by the Customer of his right of withdrawal, ArtForgeMiniature will refund the price of the Product at the latest within fourteen days, from the day after the day of receipt of the Customer's decision to withdraw. ArtForgeMiniature makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless it expressly accepts a different means; in any case, this refund will not entail any costs for the Customer. ArtForgeMiniature may defer reimbursement until receipt of the Product, or until the Customer has provided proof of shipment of the Product, the date used being that of the first of these events.
SAMPLE WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
Attention: BLGD Enterprise. 21 Boulevard Kraemer, 13014 Marseille, France (Service@ArtForgeMiniature.with) :
I / we (*) hereby notify you my / our (*) withdrawal from the contract of sale of the product (*) below:
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of BLGD Enterprise. 21 Boulevard Kraemer, 13014 Marseille, France (Service@ArtForgeMiniature.with) :
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the product (*) below:
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
(*) Strike out the useless mention.
ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:
Supply of goods made to consumer specifications or clearly personalized;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
GUARANTEES
8.1. Terms. It is recalled that the legal guarantees of conformity and guarantee against hidden defects are provided below for the benefit of consumer or non-professional Customers and assume normal use of the Products according to the practices in force. These warranties apply outside of any commercial warranty. It is advisable to check the product at the time of delivery and in the event of non-compliance of the delivered Product (product error, defective, damaged or incomplete product), to issue written reservations at the latest within three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect noted, the Customer returns the defective Product to ArtForgeMiniature. In all cases, the legal deadlines apply.
8.2. Guarantee of conformity. The conformity guarantee is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between the repair or the replacement of the defective product. However, if this choice entails a manifestly disproportionate cost compared to the other possible option, taking into account the value of the product or the importance of the defect, the Customer's choice may be rejected.
8.3. Warranty against hidden defects. The warranty against hidden defects is a legal warranty that applies outside of any commercial commitment. The Customer may decide to invoke the guarantee against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may request the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code. In all cases, the product in question will be the subject of an analysis directly by the manufacturer, whether ArtForgeMiniature or a third party.
8.4. Legal dispositions. By accepting the T&Cs, the Customer certifies having read the following legal provisions:
Article L. 217-4 of the Consumer Code: "The seller delivers products that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, instructions for assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code "The product complies with the contract:
1st: If it is specific to the use usually expected of a similar product and, where applicable:
if it corresponds to the description given by the seller and presents 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 given the public statements made by the seller, the producer or 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 attention 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 is limited to two years from the delivery of the product."
Article L. 217-16 of the French Consumer Code: "When the buyer asks the seller, during the commercial guarantee granted to him during the acquisition or repair of a physical product, 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 request for intervention by the buyer or the provision of the product in question for repair, if this provision is subsequent to the request for intervention. "
Article 1641 of the French Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them."
Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in article 1642-1, the buyer must exercise the action, on pain of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. "
8.5. 30 day commercial guarantee. The commercial guarantee designates any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the Product, in addition to its legal obligations to guarantee the conformity of the products.
ArtForgeMiniature offers the Customer the possibility of returning the Product ordered on the Site within thirty (30) days of receipt and requesting an exchange or a refund. If the product chosen for the exchange is of a lower value than that of the exchanged product, the Customer will not be able to request reimbursement of the price difference. If, on the contrary, the chosen product is of a higher value than the exchanged product, the Customer must pay the difference in price between the two products.
Without prejudice to the other cases provided for in the GCS, products on sale or on promotion or products that have been unsealed and cannot be put back on sale for hygiene reasons (earrings, Viking beads, etc.) cannot be exchanged or reimbursed under the commercial guarantee.
It is up to the consumer to choose a delivery method offering satisfactory security and tracking guarantees. In all cases, the customer bears all the risks of loss and deterioration of the product and the responsibility for ArtForgeMiniature cannot be engaged in this respect.
The request to exercise the commercial guarantee must be sent before the end of the 30-day period following receipt of the product by the Customer by writing to the postal address: BLGD Entreprise, 21 boulevard Kraëmer 13014 Marseille, FRANCE or by email has : Service@ArtForgeMiniature.with. ArtForgeMiniature reserves the right to refuse any request after the deadline.
RETURN CONDITIONS
Address
Products must be returned to the following address: BLGD Entreprise / ArtForgeMiniature, 21 Boulevard Kraemer 13014 Marseilles, France. Any Product returned to a different address cannot be exchanged or refunded. The Customer will be asked to attach to the return package a copy of the Order confirmation letter or a handwritten document mentioning the Order number and the price paid for the Order, as well as the withdrawal form or any other declaration without ambiguity concerning the exercise of the right of withdrawal, a legal or commercial guarantee, justifying the return of the Product.
Condition
The Customer may return the Product in its original packaging, or in any other packaging, provided that all precautions are taken to ensure that the Product is packaged and protected as well as possible in its original packaging so that it does not suffer any damage. during the transport. Unless otherwise provided by law, any Product returned incomplete or damaged during transport or showing signs of wear or odors cannot be exchanged or refunded to the Customer.
In the event of a return that does not comply with the legal and/or commercial conditions provided for, no exchange will be possible and no refund will be made and the Customer will remain the owner of the returned Product, which he can withdraw directly from ArtForgeMiniature, or which will be returned at its expense within a maximum period of one month, after notification of the refusal of reimbursement by ArtForgeMiniature.
Return and refund costs
In the event of exercise of the right of withdrawal, the commercial guarantee or a legal guarantee, the Customer may choose between the reimbursement of the Product or an exchange.
In the event of a refund request:
The Customer pays in advance all shipping costs for the return of the Product. Upon receipt of the Product, ArtForgeMiniature proceeds to the full refund of the price of the returned Product, including the initial shipping costs and the shipping costs for the return of the Product paid by the Customer. ArtForgeMiniature makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless it expressly accepts another means. Please note that payment processing may take up to 7 business days depending on your bank or payment service provider. Once refunded, it may take up to 3 business days for the funds to be returned to your credit card or PayPal account.
When the product is returned by exercising the right of withdrawal or a commercial guarantee, ArtForgeMiniature reimburses the shipping costs for the return of the product up to 10€
In case of exchange request
The Customer prepays all shipping costs for the return of the Product. Upon receipt of the Product, ArtForgeMiniature gives the Customer a voucher for a value equal to the price of the returned Product, including the initial shipping costs. This voucher will be deducted from the price of the order of the new Product chosen by the Customer. Standard shipping costs for this new product will not be charged to the Customer for an order placed as part of an exchange. The new Product will be sent by standard shipment, under the conditions provided for in the "Orders" article of these General Conditions.
WEBSITE ACCESS
10.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs related to access to the Website, whether hardware, software or Internet access costs, are the sole responsibility of the User. ArtForgeMiniature cannot be held responsible for any material damage related to the use of the Website. In addition, the User undertakes to access the Website using recent and virus-free equipment, and with an updated latest-generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
10.2. Maintenance. The Website may be subject to maintenance operations. For this purpose, ArtForgeMiniature reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Website in order to ensure its maintenance (in particular by means of updates) without the interruption entitles you to any obligation or compensation.
10.3. Contractual responsibility. ArtForgeMiniature implements all reasonable means at its disposal to ensure continuous and quality access to the Website, but is under no obligation to do so. Especially, ArtForgeMiniature can not be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the website.
10.4. Registration on the Website. ArtForgeMiniature may provide for a registration procedure on the Website to access a user area. This procedure may include login information allowing any User registered on the Website to access their account and order information. All login information provided by ArtForgeMiniature to the User are strictly personal, individual, confidential and non-transferable. The User will be responsible for any unauthorized, fraudulent or abusive use of his login information. The User is invited to contact ArtForgeMiniature if he has not received or if he has misplaced the information allowing him to connect to his user space so that it is sent back to him.
10.5. Loss of login information. The User shall immediately inform ArtForgeMiniature the loss or theft of their login information. In the event of proven violation of the conditions of access to the Website, ArtForgeMiniature reserves the right to suspend access to the Website, without compensation, notice or prior information. The subsequent communication of the connection data releases ArtForgeMiniature of any liability with regard to the User, who cannot hold it responsible for the unavailability of the Website.
PROTECTION OF PERSONAL DATA
ArtForgeMiniature respects the privacy of its Users and Customers. It ensures that the collection and automated processing of User and Consumer data - the purpose of which is to: provide access to the Site and improve it, allow commercial prospecting, management of Orders, contracts and the delivery of the Products - carried out by ArtForgeMiniature comply with the General Data Protection Regulation (GDPR) and the Data Protection Act in their latest versions.
The information requested in the forms available on the Website marked with an asterisk are mandatory and necessary for the processing of requests and Orders and failure to complete a mandatory field will make it impossible for ArtForgeMiniature to process User requests and Customer Orders.
The personal data of natural persons will not be kept beyond the time strictly necessary for the purposes for which they are processed. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation and foreclosure periods of legal or administrative actions which may arise.
All Users are informed and accept that the Site may include technical characteristics allowing their use to be monitored (logged-in User account, IP address, type of application used, various logs of connection and use of the User account, etc. ) and can be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illegal or non-compliant use of the Site.
In accordance with the GDPR, any person affected by the data processing carried out by ArtForgeMiniature has, under the applicable conditions, a right of access, rectification, limitation of processing, opposition to processing, data portability and erasure of its data as well as the right not to subject to automated individual decision-making, including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
Any exercise request can be sent by email to: Customerservice@ArtForgeMiniature.com. Any person concerned by the processing of data has the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) or any other supervisory authority on which it depends.
For more information on automated data processing and the procedures for exercising their rights, any User may consult the privacy policy available at any time on the Site and information on the cookies used by ArtForgeMiniature.
PARTNER WEBSITES - HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site, the websites of Partners or third parties, which are not subject to these T&Cs. The User is therefore invited to read the general conditions of use as well as the privacy policies or any other legal information applicable to these third-party websites.
The User is informed that the Site may require access to other websites, designed and managed by third parties. No control over the content of these sites is exercised by ArtForgeMiniature, which declines all responsibility for their content and for the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, ArtForgeMiniature reserves the right to request the deletion of the hypertext link directing to the Site if it considers that this link does not respect its rights and legitimate interests.
FORCE MAJEURE OR FORTUITOUS CASES
The fulfillment of the obligations of ArtForgeMiniature hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. This suspension may concern all or part of the Order. In this case, ArtForgeMiniature will inform the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to a restitution. If the definitive impediment is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly agree that they cannot invoke a case of force majeure to defer payment (of an invoice, for example) for a Product or to refuse delivery of an Order placed.
Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by case law, in particular: strikes or social conflicts internal or external to ArtForgeMiniature, natural disasters, fire, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control of ArtForgeMiniature.
ArtForgeMiniature can in no way be held responsible for the difficulties encountered by the User or the Customer to access the Website due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Therefore, ArtForgeMiniature cannot be held responsible for the unavailability, slowdown or failure of the Internet network or any IT solution, except in the event of proven negligence on its part.
INTELLECTUAL PROPERTY
ArtForgeMiniature or its Partners are the owners of all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not under any circumstances reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or Products in violation of the rights of intellectual property rights holders thereon.
Any unauthorized use of all or part of the Site or the Products may be the subject of any appropriate action, including the termination of access to the Site or an action for infringement.
All the distinctive signs used by ArtForgeMiniature are protected by law and any unauthorized use may result in prosecution.
Failure to respect the intellectual property of ArtForgeMiniature or its Partners will be analyzed as a serious fault of the User or of the Customer causing damage to ArtForgeMiniature, which reserves the right, in this case, to claim any damages.
REFERENCES AND COMMUNICATION WITH THE CUSTOMER
15.1. Customer reference. ArtForgeMiniature may request that the Customer be cited as the purchaser of a Product. With the Client's agreement, ArtForgeMiniature may be authorized to mention the name of the Customer, the assessment he has made of ArtForgeMiniature or on the Product as well as an objective description of the Product which was sold to it in its reference pages and its proposals for the attention of its prospects and customers, in particular on the Website, for promotional and advertising purposes, during interviews with third parties, communications to its personnel, internal management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
15.2. Content Usage Agreement. When the Customer sends writings, videos and/or photos to ArtForgeMiniature to give an opinion on the Product supplied by ArtForgeMiniature, and, where appropriate, makes comments or posts regarding ArtForgeMiniature to which his username and profile picture are attached (for example, on social media), the Customer authorizes ArtForgeMiniature to use these contents for the promotion of its commercial activities. The content is likely to be protected by image rights and/or copyright, and in this case, the Customer grants ArtForgeMiniature the possibility of adapting them (in any form whatsoever) and of reproducing them on all media, in particular by presenting them as a commercial reference and/or as a review. For example, ArtForgeMiniature may take screenshots of social media posts about him or the Product delivered to the Customer, and reproduce them on the Website as a review.
The Customer acknowledges that his rights are satisfied and may not request any payment for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. ArtForgeMiniature reserves the right to submit to the Customer any other request for authorization and transfer of rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Events. The provisions of the previous paragraph apply in the same way with regard to videos and photographs taken during any type of event (public, reserved for Customers, etc.) organized or co-organized by ArtForgeMiniature. Recordings can be published by ArtForgeMiniature, including on social media. If the Client does not wish to appear in a publication, he will stand at the back of the room, refrain from participating in group photos and refrain from waving at the photographer / cameraman.
GTC EVOLUTION
ArtForgeMiniature reserves the right to modify the terms, conditions and mentions of the GCS at any time and without notice in order to adapt them to the evolutions of the Website or its offers. The applicable conditions are those accepted by the Customer and which are transmitted to him in the event of an online sale by any means of communication on a durable medium.
Changes to the T&Cs made by ArtForgeMiniature will not apply to orders already placed, with the exception of the clauses relating to the technical development of the Website, provided that these modifications do not result in a price increase or an alteration in quality, or characteristics having conditioned the Customer's commitment.
The Customer may also be asked to accept the modified T&Cs, failing which the last accepted T&Cs will remain applicable until the actual delivery of the Product. If ArtForgeMiniature is unable to continue the execution of the Contract under the previous conditions, the Customer has the right to request the termination of the Contract and the reimbursement of his Order.
RESPONSIBILITY
17.1. Responsibility of Users and Customers
The User and the Customer are solely responsible for the interpretations they make of the information provided on the Products, the advice they deduce therefrom or which has been provided to them and the adaptations made for their own activities. The use of the information is made under the sole responsibility of the Client and at his own risk, which the Client expressly accepts.
When the Product is delivered with a manual or user guide, including by reference to a URL link, the Customer undertakes to read them and to use the Product in accordance with the recommendations provided.
In the exchange spaces, the Client assumes, as Publisher, the responsibility for the communication of information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for their site(s). (s) Internet, blogs, social media pages and accounts. The Customer is solely responsible for the quality, legality and relevance of the data and content that he transmits to the public.
17.2. Limitation of liability with regard to Professional Clients
Regardless of the type of Product ordered by the Professional Customer, the responsibility of ArtForgeMiniature is expressly limited to the repair of direct damage proven by the Professional Client. Never, ArtForgeMiniature cannot be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation of the professional Client .
Likewise, ArtForgeMiniature cannot be held liable for direct or indirect damage caused to the User's equipment, when accessing the Website, and resulting either from the use of equipment that does not meet the conditions provided, or from a bug or incompatibility.
IN ANY EVENT, THE RESPONSIBILITY OF ArtForgeMiniature WITH REGARD TO PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE EXCLUDING TAXES PAID BY THE CUSTOMER FOR THE SUPPLY OF THE PRODUCT IN THE FRAMEWORK OF WHICH THE DISPUTE ARISES. THIS AMOUNT SHALL BE THE MAXIMUM THAT ArtForgeMiniature MAY BE REQUIRED TO PAY INDEMNITIES (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE ALLEGED DAMAGES AND THE LEGAL BASIS ADOPTED UNLESS REGULATIONS OR JURISPRUDENCE OPPOSITE IT.
DIVERS
The T&Cs and all purchase and sale transactions referred to therein are governed by French law. The T&Cs and the Site are provided in English. In the event that they are translated into one or more languages, only the English version will prevail in the event of a dispute.
If any provision of the T&Cs is held to be invalid, unenforceable, unenforceable or ineffective, that provision shall not invalidate the T&Cs and the validity of the other provisions shall not be affected.
The fact that ArtForgeMiniature delays in exercising one of the rights conferred on it by the GTC or the Contract, or that it does not exercise these rights, cannot be interpreted as a waiver of this exercise.
The Customer accepts that ArtForgeMiniature may assign this Agreement to its affiliates or an acquirer without its prior consent.
The Customer agrees that the company may assign the contract to its affiliates or to a third party without its prior consent, provided that such assignment does not diminish the rights of the consumer Customer.
DISPUTES
19.1. Amicable resolution. In the event of a dispute, the Customer will first contact ArtForgeMiniature to try to find an amicable solution.
19.2 Mediation.
In the event of difficulty in the execution of the contract, the consumer Customer residing in Europe has the possibility, before any legal action, of being assisted by the following consumer mediator: FEVAD, by sending a written request to the address following email: contact@fevad.com, or at the following postal address:
FEVAD e-commerce mediator
60 rue la Boétie
75008 Paris
France
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can access the Online Dispute Resolution Platform (ODR) accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm .
19.3. Dispute between professionals.
IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND ArtForgeMiniature CONCERNING THE ORDER, THE INTERPRETATION, THE EXECUTION AND/OR THE TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION SHALL BE GIVEN TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF MARSEILLE, FRANCE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR CALL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES.
