general terms and conditions
The gallery Arts Factory was founded in 1996 by Effi Mild and Laurent Zorzin. At the crossroads of contemporary art, illustration, comics and graphic designs, the gallery has presented more than 200 exhibitions. Since April 2014, the gallery is located at 27 rue de Charonne. The website [www.artsfactory.net/webstore] is an online store which offers for sale a selection of original works and limited editions by the gallery's artists.
article 1 - legal notices
The website [ http://webstore.artsfactory.net ] is operated by:
- Arts Factory company, limited liability company (LLC) with a capital of 18 693 euros
- located at 27 rue de Charonne 75011 Paris
- registered at Paris’ commercial registry under n° 408 033 165
- intra-community VAT number: FR 53408033165
- customer service : firstname.lastname@example.org / +33(0)6 22 85 35 86
The purpose of these of these general conditions of sale is to define the terms of mail order between the company, Arts Factory, and any natural person, the Customer, purchasing via the website [http://webstore.artsfactory.net ].
Any order made on the website establishes the creation of a contract remotely concluded
Any order made on the Website builds up the formation of a contract concluded remotely between the company Arts Factory and the Customer. It necessarily implies the Customer’s acceptance of the general terms and conditions here presented, without restriction or reserve.
The Customer declared that he/she is at least 18 years old and has the legal capacity or has parental authorisation to make an order on the Website
article 2 - origin, availability and conformity of items for sale
In most cases, the original works and editions offered for sale on the Website come directly from either the artists, the publishers or the Arts Factory collection and are considered to be as new unless otherwise stated in the description. Some sections of the Website and in particular the section “70s & 80s publications” may offer items from a third (booksellers, private sellers…), in which case the condition of the product is specified in the description. If nothing is specified then the product is considered as new.
The products are offered for sale within the limits of available stocks. If a product ordered comes to be unavailable, the Arts Factory company informs the customer by email as soon as possible.
The customer will have the possibility to have the product replaced by another one of equivalent quality and price, or to cancel the order and to be refunded within 7 days following the payment.
The products offered for sale are described and presented as accurately as possible. In case of error or omission in this presentation, the responsibility of the company Arts Factory could not be involved.
The photographs and the texts illustrating the products have only an indicative value and do not enter the contractual field.
article 3 - prices
The prices mentioned on the Website are in euros and include all taxes (excluding shipping costs and possible import taxes for countries outside the EEC). For deliveries outside the EEC, the Customer undertakes to pay all taxes due on the import of products (customs duties and other taxes due under the laws of the country receiving the order).
article 4 - shipping costs
A single flat rate is added to the amount of the order whatever the number of items ordered :
- France : 9,50 euros ( $11/£9/10 chf )
- Europe : 15 euros ( $16/£14/15 chf )
- Rest of the world : 25 euros ( $27 /£23/26 chf )
article 5 - payment methods
Payments can be made by credit card via the secure payment platform Paypal or by cheque.
The Website uses the Paypal security service for payments by credit card, the confidential data relating to this means of payment are not accessible by the company Arts Factory, but managed directly by the security service.
The company Arts Factory has not access to the Customer's banking information..
As regards payment by cheque, it must be issued in euros by a bank located in France. The cashing of the cheque is carried out at the reception of the latter.
The customer will have to make it to the order of the company Arts Factory
and send it to the following address: Art's Factory - 27 rue de Charonne 75011 Paris / France
In case of payment by bank cheque, the order will only be processed upon receipt of the cheque.
article 6 - order
Any order implies express and irrevocable acceptance, by the Customer, of the prices and descriptions of the products available for sale, as well as of the present conditions. After validation of the order, the company Arts Factory sends to the Customer an email of confirmation to the address indicated during the order. The company Arts Factory reserves the right to cancel any order from a Customer with whom there is a dispute relating to a previous order.
article 7 - delivery
When registering his/her personal information, the Customer must ensure the accuracy of the mandatory data provided. In the event of error in the wording of the coordinates of the recipient, the company Arts Factory could not be held responsible for possible errors or delays in delivery.
Reception and confirmation of the order’s payment :
- the order will be prepared as soon as possible (1 to 2 working days after reception of your payment)
- entrusted to our service provider : La Poste
- in case of unusual delay in the preparation of your order our customer service will contact you by email or phone.
- depending on its weight, value and destination, your order will be sent either by letter or Colissimo Suivi, Colissimo Recommandé or Colissimo International.
- proofs of shipment and tracking numbers for parcels will be communicated to you upon request by email : email@example.com
- the company Arts Factory is not responsible for the delay of the parcels once they have been entrusted to La Poste.
- the condition of the parcel should always be checked on arrival.
The Customer has 48 hours to make any reservations to the carrier in case of damage.
The maximum delivery time is 7 working days in France and 15 working days internationally from the date of the product order on the Website. In the event of a delay in delivery of more than 7 working days (or 15 days for international deliveries), if this is not due to a case of force majeure, the Customer has the possibility to cancel his order. The order will be refunded within a maximum of 30 days after the date of payment.
article 8 - withdrawal and return
The Customer has a period of 7 clear days from receipt of the order to exercise his right of withdrawal without having to justify his reasons, nor to pay penalties, except for the cost of return. If the 7-day period expires on a Saturday, Sunday, public holiday or day off, it is extended until the first following working day. In the event of exercise of the right of withdrawal, the company Arts Factory refunds the Customer of the totality of the sums paid as soon as possible once the returned product is received, and at the latest within 30 days following the date on which this right was exercised.
As from the date of reception of his order, the Customer has 10 days to return a product (the 7 days of the right of withdrawal included). After this period, the delivered products will be deemed to be in conformity and accepted by the Customer, and the company Arts Factory reserves the right to refuse the exchange, the credit note or the refund.
The article must be returned in the state and in its original packaging by registered mail with acknowledgement of receipt.
article 9 - responsibility and guarantee
The company Arts Factory is responsible for any defects of conformity existing at the time of delivery of the product. The company is also responsible for defects of conformity resulting from the packaging. In the event of delivery of a nonconforming product or in the event of delivery of a product revealing a hidden defect, the company Arts Factory is committed either to refund the Customer of the price of the product, or to exchange the product for another identical product of equivalent quality and price according to the available stocks. These provisions are not exclusive of the right of withdrawal defined in article 8 hereof. Are excluded from guarantee the products modified, repaired, integrated or added by the Customer or any other person. The guarantee will not apply to apparent defects. The warranty will not cover products or services damaged during transport or misuse. The responsibility of the company Arts Factory could not be retained in case of breach of contractual obligations due to a fortuitous event or a case of force majeure, as defined by the jurisprudence.
article 10 - personal data
The company Arts Factory undertakes to respect the confidentiality of the personal data communicated by the Customer on the Website and to treat them in accordance with the Data-processing law and Freedoms of January 6, 1978. In accordance with the French Data Protection Act of 6 January 1978, the Customer may exercise his right of access to the file, his right of opposition and his right to rectify or delete information concerning him by sending his request by e-mail to firstname.lastname@example.org or by post to the address : Arts Factory – 27 rue de Charonne 75011 Paris / France
article 11 - intellectual property
All elements of the Website are protected by copyright, trademarks or patents. They are the exclusive property of Arts Factory, the artists and publishers presented. Any reproduction, integral or partial is prohibited except written authorization of the company Arts Factory. Some hypertext links can refer to external websites. The company Arts Factory declines any responsibility in the case where the contents of these sites would contravene the legal and regulatory provisions in force.
article 12 - applicable law and jurisdiction
These general terms and conditions of sale are executed and interpreted in accordance with French law. In case of dispute, the Customer undertakes to contact Arts Factory as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conciliation, the French courts shall have sole jurisdiction.
article 13 - modification of general terms and conditions
The company Arts Factory reserves the possibility of adapting or modifying at any time the present general terms and conditions. In case of modification, it will be applied to each order the general terms and conditions in force at the day of the order.
last update 04/17/2020