GENERAL TERMS AND CONDITIONS
ARTICLE 1 – GENERALITIES
The present general terms and conditions of sale of the company “The Art Design Lab” define the rights and obligations of the parties within the framework of the sale of products from “The Art Design Lab” to the “customer” and the use of the website www.theartdesignlab.com. The “customer” declares that he has read and accepted the rights and obligations relating to them.
This website http://www.theartdesignlab.com/ is issued by KARINE SCHERRER/THE ART DESIGN LAB, SAS with a share capital of 1,000 euros, registered in the Paris Trade and Companies Register under number 825033988, whose registered office is located at 11, rue Martel 75010 Paris – Telephone number: 01 42 78 83 16 – email: firstname.lastname@example.org. Individual VAT identification number: FR 21825033988.
ARTICLE 2 – TERMINOLOGY
The services offered by “The Art Design Lab” on its website, namely the online sale of drawings, models, unique works, prototypes, preparatory works… will be hereafter referred to as “The Art Design Lab products”. Any person wishing to purchase a “The Art Design Lab product” and who satisfies the present general conditions will be hereafter referred to as a “customer”; each order placed by a “customer” under the conditions provided for will be referred to hereafter as “the order ».
ARTICLE 3 – ORDERS AND PRICES
The “customer” has the possibility to order:
On the Internet: with http://www.theartdesignlab.com
The “customer” guarantees that he/she is authorized to use the credit card and that this credit card gives access to sufficient funds to cover all the costs related to the acquisition of a “The Art Design Lab product”. Only people legally able to order a “The Art Design Lab product” on the website can order on www.theartdesignlab.com.
By clicking on the “Order” button during the ordering process, the “customer” declares that he/she fully and unconditionally accepts these Terms and Conditions.
The data recorded by The Art Design Lab constitutes the proof of all transactions between The Art Design Lab and its “customers”. The Art Design Lab will systematically confirm to the “customer” his order and then its shipment by email.
The contractual information is presented in French and English.
The prices of our products are indicated all taxes included but detailed when ordering.
For deliveries and services outside the French territory, the provisions of the General Tax Code relating to VAT will be applicable, shipping charges will be added to the main price. The calculation of these fees is calculated according to the country and mentioned when ordering.
The Art Design Lab reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of order registration (subject to availability).
The Art Design Lab reserves the right to refuse any order from a “customer” with whom a dispute exists.
ARTICLE 4 – AVAILABILITY
The Art Design Lab will do its best to process all orders.
In case of unavailability of the product after placing the order and before the end of the dispatches of the sale concerned, the “customer” will be informed by email or telephone of the cancellation of his order.
If the debit has already occurred at the time of the information given on the unavailability of the product, a request for reimbursement of the sums involved is made: an email is then sent to the “customer” on this subject. Following this request, the speed with which the bank account is credited depends on the type of credit card of the “customer”: in the case of an immediate debit card, the current account is credited within 3 to 8 days depending on the bank; in the case of a deferred debit card, the credit appears under the same conditions as those of the usual debits on the card account and not on the current account. If this reimbursement is longer, it is strongly recommended that the “client” contacts his bank.
Delivery times are maximum 10 days.
ARTICLE 5 – PAYMENT
Payment for purchases is made by credit card. The accepted bank cards are: CB, Visa and Master Card. The bank account of the “customer” will be debited after a period of 4 days following the date of the order and this will be considered effective after confirmation of the agreement of the bank payment centres. In case of refusal of the bank, the order will be automatically cancelled and the “customer” will be notified by email.
ARTICLE 6 – SECURITY
The Art Design Lab has one of the most powerful security systems available today.
It has not only adopted the SSL (Secure Socket Layer) encryption process, but has also strengthened all the scrambling and encryption processes in order to protect as well as possible all the sensitive data related to the means of payment.
The Art Design Lab never has access to confidential information about the payment method. The bank details of the “customer” will be requested for each order.
ARTICLE 7 – DELIVERY
The ordered products will be sent to the delivery address indicated by the “customer” during the ordering process.
The “customer” must choose the place of delivery: at home, at his office, at a third party. The transport partner (DHL) will systematically send a text message as soon as the parcel leaves THE ART DESIGN LAB, to confirm the day and time of delivery. The morning of the delivery (express delivery), the “customer’ will receive a second text message to inform him of the imminent delivery of the order.
In case of planned absence before delivery, a delivery can be rescheduled (Monday to Friday).
1 By logging on to our carrier partner’s website (indicated on the text message sent by the carrier at the time of shipment) or by clicking on the following link: http://ondemand.dhl.com.
2 By indicating the air waybill number of the package (communicated in the text message).
3 A new delivery date may be chosen. In case of absence at the time of delivery, a delivery notice will be placed in your mailbox. By default, the new delivery will be scheduled the next day of the attempt, between 9am and 6pm (local time). An additional presentation can be scheduled for free.
The progress of the preparation and delivery of the order can be visualized by the “customer” by logging into the “Order” page of his account. In case the “customer” has no news of his order, he will have to contact The Art Design Lab through the “Contact” section.
In order to optimize delivery, we kindly ask the “customer” to mention an address to which the order can be delivered during working hours.
Unless otherwise stipulated, the products are delivered within the times specified in the order when it is placed.
Delivery times are average delivery times which also vary according to destination and do not include holidays and weekends.
Each delivery is deemed to be made as soon as the product is made available to the “customer” by the carrier, as evidenced by the control system used by the carrier. It is the recipient’s responsibility to check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. The said reservations and complaints must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days following the delivery of the products, a copy will be immediately sent to The Art Design Lab.
ARTICLE 8 – GUARANTEE
In the event of products not complying with the information given during the presentation of products on the site, they will be refunded by The Art Design Lab.
If the product ordered does not correspond to the wishes of the “customer”, the latter must go to the “Contact” section within 14 days of receipt. The product must be returned in its original packaging (box, protective accessories, label, certificate of authenticity) accompanied by the *return voucher duly completed which will have been sent to the “customer” by email. Upon receipt of the product and after verification and validation by The Art Design Lab, the customer will be refunded.
Return shipping is free.
In Paris, the “customer” can go to the “Contact” section and THE ART DESIGN LAB will pick up the goods at your address.
For returns from countries of the European Union and outside the European Union:
1. The product to be returned must be packaged in its original box and cardboard box, the return shipping label* must be affixed to the package on the shipping label.
2. The “customer” must go to the “Contact” section to agree on a pick-up date at the place of his choice.
3. Our delivery partner will contact the “customer” to confirm the day of collection of the parcel.
4. Our delivery partner will show up on the agreed day and the “customer” will pick up the parcel.
For returns from countries outside the European Union, DOM-TOM:
1. The “client” will have to select the artwork to be returned by logging into the “Order” page of his account. A return label and customs documents will be sent by email within 48 hours.
2. The “customer” will have to go to the “Contact” section to organize with THE ART DESIGN LAB the day and place of collection of his artwork.
3. The artwork to be returned must be repackaged in its original box and cardboard box, the return transport label* must be affixed to the package on the outward transport label.
Our delivery partner will contact the “customer” within 24 hours to plan the collection of the parcel.
The validation period for a return to The Art Design Lab is two working days, before a refund request is triggered.
The “customer” will be notified by email of the refund issued and the mention “Refunded” will appear in front of the product refunded, under the heading “Order”. The “customer” will be refunded the full amount of the product on the original credit card of the purchase, except for the costs of delivery and taxes. Reimbursement can only be requested by the person who placed the order and will be made on the original means of payment. It can be processed within 15 working days by the “client”s” bank. This delay varies according to the card issuer; The Art Design Lab is not in a position to influence this delay.
The Art Design Lab guarantees that the products it presents for sale and sells on the www.theartdesignlab.com site do not show any defects, or hidden defects making them dangerous or unfit for their normal use, the contractual warranty granted by The Art Design Lab being that usually given by the supplier to its « customers”.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the elements of the www.theartdesignlab.com website, in particular the texts, presentations, illustrations, photographs, tree structure and layouts, are, except for public documents and additional details, the exclusive intellectual property of The Art Design Lab or its partners and constitute intellectual works protected by articles L. 111-1 and following of the Intellectual Property Code.
As such, their representations, reproductions, imbrications, diffusion and redistribution, partial or total, are prohibited in accordance with the provisions of the Intellectual Property Code. Any person who does so without prior and express authorisation from the holder of these rights, without being able to prove that he has obtained prior and express authorisation, incurs the penalties relating to the offence of counterfeiting, and is as such liable to engage his criminal and/or civil liability and exposes his author to the penalties provided for both by the Intellectual Property Code and, in particular, copyright infringement (Article L.). 335-1 et seq.), trademark rights (article L. 716-1 et seq.) as well as by the Civil Code in civil liability matters (article 9, articles 1382 et seq.).
The trademarks and logos contained in the www.theartdesignlab.com website are registered by The Art Design Lab or its partners. As such, any person proceeding to their representations, reproductions, imbrications, diffusion and redistribution incurs the sanctions provided for in the Intellectual Property Code.
The creation of hypertext links referring to any of the web pages or elements composing the site is prohibited, except with the prior written permission of The Art Design Lab, which authorization may be revoked at any time. The Art Design Lab cannot be held responsible for the content and external sites to which it refers, nor for any damage or loss resulting from access to or use of the site. All sites with a hypertext link to www.theartdesignlab.com or any of its components are not under the control of The Art Design Lab and The Art Design Lab therefore declines all responsibility (including editorial) for access to and content of these sites.
The Art Design Lab is responsible for the collection and processing of personal data on the website. The Art Design Lab is the sole recipient of personal data collected on the site.
According to the French Data Protection Act no. 78-17 of 6 January 1978, the site has been subject to a declaration of automated processing of personal data with the CNIL (receipt no. 2134218v0). Each user has a right of access, a right to rectify, supplement, update, block or erase personal data concerning him/her and, for legitimate reasons, to oppose their processing. To exercise these rights, the user may contact The Art Design Lab by e-mail at the following address: email@example.com or by writing to: The Art Design Lab – 11, rue Martel – 75010 Paris.
ARTICLE 10 – NOMINATIVE INFORMATION
THE ART DESIGN LAB undertakes not to disclose to third parties information communicated by “customers” on the website. These are confidential. They will only be used by its internal services for the processing of the order and only to strengthen and personalize the communication especially by letters / information emails as well as within the framework of the personalization of the site based on the preferences of users.
THE ART DESIGN LAB does not sell or rent information about its “customers” to third parties.
In the event of transfer or use by third parties of personal data, THE ART DESIGN LAB undertakes to inform its “customers” in advance so that they can exercise their right of opposition.
THE ART DESIGN LAB may also provide consolidated statistics relating to its “customers” sales, trading structures and information on the site to trusted third parties, but these statistics will not contain any personal data.
This Article shall not prevent the assignment or transfer of activities to a third party. Consequently, in accordance with the French Data Protection Act of 6 January 1978, the “customer” may exercise his right of access to the file and his right to rectify or delete any information concerning himself by sending his request (please indicate e-mail address, surname, first name, postal address), by clicking on www.theartdesignlab.com, under “Contact”.
ARTICLE 11 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE
THE ART DESIGN LAB reserves the right to modify the general conditions of sale.
“Customers “who do not wish the contractual relations to be governed by the new version of the general terms and conditions of sale will have to notify it and, from the date on which the new version takes effect.
In the event that any of the terms of the general terms and conditions of sale are deemed to be illegal or unenforceable by a court decision, the other provisions shall remain in force.
ARTICLE 12 – LIABILITY – DISPUTES – APPLICABLE LAW
In general, The Art Design Lab is committed to provide quality service to its “customers”.
In this respect, the “customer” has the possibility to notify by sending an e-mail to The Art Design Lab at firstname.lastname@example.org, within 14 days of receipt of his product, any complaint concerning the ordered product.
In the event of a buyer’s complaint concerning a work of art, once the seller is informed of said complaint by email the seller must make his best efforts to resolve the dispute between him and the buyer by mutual agreement.
In case of dispute, the “client” will first contact THE ART DESIGN LAB to obtain an agreement. Failing this, the Tribunaux de Paris shall have exclusive jurisdiction, regardless of the place of delivery and the methods of payment accepted.
The present general conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise in connection with its validity, interpretation or execution shall be submitted to the Tribunaux de Paris, which shall have exclusive jurisdiction.