GENERAL CONDITIONS OF SALE ARCHIK
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an Internet user / individual on the https//www.archik.fr website from ARCHIK ASLA, a limited liability company with a capital of 323 000 €, whose registered office is 50 rue Edmond Rostand, 13006 Marseille, registered with the Marseille Trade and Companies Registry under number 849 154 653 – email: firstname.lastname@example.org.
Article 1 – Scope af application
The present General Terms and Conditions of Sale exclusively govern the commercial relations of the company ARCHIK – ASLA, with its customers for the sales and services presented on the website www.archik.fr. Any order implies prior consultation and acceptance of these General Terms and Conditions of Sale, which can be accessed at any time on a durable medium by clicking on ” Print ” or ” Save as PDF “. It is understood that persons considered legally incapable of contracting within the meaning of articles 1123 and following of the Civil Code, in particular non legally adult minors, must obtain the authorisation of their legal representative prior to any order. Given the seasonal nature of the activity, product offers are valid within the limits of available stocks. The company reserves the right at any time to add or delete all or part of the products sold or presented on the site. It may also change their presentation and price.
Article 2 – Purpose
The purpose of the present conditions is the sale of Internal Products or income from real estate of different types presented for sale on the website www.archik.fr.
Article 3 – Identification of the seller
The present sale is made between the Client and the company ARCHIK – ASLA, SARL with a capital of 323 000 €, whose registered office is 50 rue Edmond Rostand, 13006 Marseille, registered in the Marseille Trade and Companies Register under the number 849 154 653. You can send your questions and comments by e-mail to the following address: email@example.com.
Any complaints should be sent by e-mail to the address given above.
Article 4 – Online product and services
– The term ” Product ” refers to all products of any kind whatsoever, which are the subject of the Customer’s order, offered for sale on the site in question, in accordance with these general terms and conditions.
– The term ” Service ” represents any service, the object or purpose of the Customer’s order, offered on the same site, in accordance with the general terms and conditions of the contract of sale in question.
– The term ” Customer ” refers to the individual or legal entity ordering products and/or services online.
Article 5 – Duration
The present conditions apply throughout the duration of the products being put online, and while stocks last e.g. housing stock, services, product ranges, or other
Article 6 – Price
Prices are indicated in Euros, all taxes included (TTC), for standard delivery.
Article 7 – Order
It is up to the Customer to select on the site the products he/she wishes to order, according to the following terms and conditions:
7.1 REGISTER AND IDENTIFICATION
When placing an order for the first time, each Customer is invited to create an account. For this purpose, they must enter the required fields, including their user name and password, which will be strictly personal. In the event of loss of his/her password, the Customer can click on ” Click here if you have lost your password ” in the My Account section to receive his/her login information by email.
7.2 VALIDATION OF THE ORDER
The Customer orders by clicking on the “Add ” button to the right of each product. The order is summarised in the ” Shopping Cart ” section, which includes all the items and products that the Customer must confirm by clicking on ” Place Order “. In all cases, ARCHIK – ASLA’s automatic computer registration systems under reasonable security conditions and the final validation of the order by the Customer will be considered as proof of the nature, content and date of the order.
7.3 CONFIRMATION OF THE ORDER
Acceptance of the order must be confirmed to the customer by the company ARCHIK – ASLA by one of the following means of its choice : e-mail. The sale will only be considered final after ARCHIK – ASLA has sent confirmation of acceptance of the order to the Customer by e-mail. The company ARCHIK – ASLA reserves the right not to confirm an order received on its website for any reason whatsoever, particularly with regard to the supply of products, the problem with an order, or a foreseeable difficulty concerning the delivery to be made, the company ARCHIK – ASLA will inform the Client by the same means. The minimum order value is 19 €.
Any modifications to the order by the Customer may only be taken into account by ARCHIK – ASLA on condition that they are notified by e-mail to the company before the date scheduled for delivery of the order on firstname.lastname@example.org. In the event that these modifications cannot be accepted by ARCHIK – ASLA, the sums paid by the Client will be returned to him / her within a maximum period of 3 days from the notification of the event of the possibility of not accepting the modifications made by ARCHIK – ASLA from the Client, unless the Client prefers to benefit from a credit note.
Article 8 – Delivery
The Customer undertakes to take charge of the products at the delivery address he has indicated, on the day and at the time slots as agreed with the French postal delivery company ” La Poste ”. The delivery is ensured by the company ” La Poste ” within 48 hours minimum.
It is territorially limited to metropolitan France and Corsica.
The flat-rate contribution to delivery costs is valid for an order amount of less than 49 Euros including all taxes. For any order over 49 Euros including all taxes, the delivery costs are free of charge.
The Customer must be able, if necessary, to provide proof of his/her identity and the number of his/her order as shown on the confirmation and automatically assigned by the archik.fr website’s computer system. Except in special cases of unavailability of one or more products, the products ordered will be delivered in a single delivery.
The company ARCHIK – ASLA will replace as soon as possible and at its own expense, the products delivered with apparent defects or do not conform to the order.
Article 9 – Liability and warranty
The photographs and illustrations accompanying the products on the www.archik.fr website have no contractual value and therefore do not engage the responsibility of the company ARCHIK – ASLA. The Customer is solely responsible for the choice of products, their conservation and use. The company ARCHIK – ASLA will not be considered responsible or liable for any delay or non-performance following the occurrence of an unforeseen “major event “.
Also, all events, of any nature whatsoever, which do not depend on the will or responsibility of the company ARCHIK – ASLA, such as, in particular, accidents, strikes, decisions of the administrative authorities, stoppage of transport, malfunctioning of computer networks and the Internet, which would have the effect of delaying, preventing or significantly increasing the price of the delivery, constitute, by express agreement between the company and the Customer, a cause for suspension or extinction of the company’s obligations at its discretion, and this without compensation to the benefit of the Customer. The latter will be informed by the company of this situation by any means (e-mail).
Article 10 – Terms of payment
10.1 PAYMENT DEADLINES
The price is payable in full, in cash, on the day the order is placed by the Customer, according to the terms and conditions specified in article 6 ” Orders ” above. The Seller shall not be obliged to deliver the products ordered by the Customer if the price has not been paid in full beforehand. General Terms and Conditions of Sale ARCHIK.FR.
10.2 TERMS OF PAYMENT
Payment is made online, at the time of ordering, by credit card or Paypal. Visa, Europecard and Mastercard are accepted. Transactions made by credit card on the site are secured by the 3D Secure payment system.
All information exchanged to process the payment (16-digit card number, expiry date, visual cryptogram) is encrypted using SSL protocol. This data can neither be detected, intercepted nor used by third parties. Nor is it stored on our computer systems.
When paying for the order by credit card, if the bank adheres to the ” Verified by Visa ” or ” Secure Code Mastercard ” payment security programme, after clicking on ” Order and pay “, a new screen appears, inviting the customer to identify himself/herself, for example, with a code received by sms.
Article 11 – Reserve of ownership clause
In the event of non-payment by the Customer of all or part of the price of the order, ARCHIK – ASLA reserves, until full payment has been made, a right of ownership over the products sold, enabling it to repossess the said products. Any deposit paid by the Customer will remain acquired by way of lump-sum compensation, without prejudice to any other action that it may be entitled to take against the Customer as a result.
11.1 LEGAL DELAY OF WITHDRAWAL
In accordance with the law, the customer has a period of 14 days from the date of receipt of the package (or in the case of an order of several items delivered separately, from the date of receipt of the last item) to inform the company ARCHIK – ASLA of his/her decision to withdraw, whatever the reason. The article(s) must be returned within 14 days from the date on which the customer has informed us of his/her decision to withdraw. The refund covers all payments received by the customer, including delivery costs.
11.2 SATISFIED OR REFUNDED ” GUARANTEE “
Irrespective of this right of withdrawal, if an item does not meet the customer’s expectations, the customer may benefit from the ” Satisfied or refunded ” commercial guarantee for 30 days from the date of receipt of the product to return it for exchange or refund, without any additional charge. The right of withdrawal and the ” Satisfied or refunded ” guarantee do not apply to engraved or personalised items. The exercise of the right of retraction and the ” Satisfied or refunded ” guarantee can only be exercised in writing, using the form in the appendix hereto, via the following email address : email@example.com.
Within the framework of our ” satisfied or reimbursed ” commercial guarantee, it is clearly established herewith that only articles returned in new condition and without having undergone any change or modification, in a condition allowing their resale will be exchanged or reimbursed. Items returned incomplete (instructions for use, case, guarantee certificate etc.), damaged or worn will not be taken back. A discount may be deducted from the return
price in the event that the article has suffered depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the article. In the event of withdrawal under the ” Satisfied or refunded ” commercial guarantee, the refund covers the price of the item only.
11.3 REFUNDS AND RETURN
Refunds and RETURNS Refunds will be made no later than 14 days from receipt of the item or proof of dispatch of the item (if proof of return is provided before receipt of the item) using the same method of payment as that used for payment, unless the customer agrees otherwise and at no extra cost. The refund or exchange will be made by ARCHIK – ASLA after checking the condition of the item.
Furthermore, the cost of returning the article will not be reimbursed in the context of exercising the right of withdrawal or the ” Satisfied or reimbursed ” guarantee, except in the case of a proposal by ARCHIK – ASLA of an article in replacement of the article ordered that would be unavailable or in the case of delivery of a defective article or one that does not conform to the article ordered.
There are several possibilities for the customer to return the product:
– The customer wishes to be reimbursed : he/she fills in the return form that he/she finds in his/her Home > My account > Order history, he prints it out, prepares his package and then goes to the post office to send it at his own expense or goes to an ARCHIK – ASLA shop to deposit his package (free of charge).
– The customer wishes to exchange his/her product with another present on the website: he/she fills in the return form that he finds in his account Home > My account > My order history, he/she prints it, prepares his/her package and either goes to the nearest ARCHIK – ASLA shop to drop it off so that they can take care of the shipment or he sends it at his expense by post. As soon as the parcel is received at the ARCHIK – ASLA premises, the company undertakes to re-credit the account with the amount of the exchanged item.
– The customer wishes to exchange his /her product with another one in an ARCHIK – ASLA shop : he/she brings the product as well as the invoice to the nearest ARCHIK – ASLA shop in order to exchange the item with another one.
Article 12 – Legal guarantees
Irrespective of the contractual guarantees, the seller remains liable for any defects in the conformity of the goods sold in accordance with articles L. 211-4 and following of the Consumer Code reproduced below. It also remains bound by the legal guarantee for hidden defects under articles 1641 and 1648 of the Civil Code for which the customer also has direct recourse against the seller. ” Legal guarantee of conformity ” (extract from the Consumer Code) ∞ Art. L. 211-4. ” The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He/she shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him/her by the contract or has been carried out under his/her responsibility. ” ∞ Art. L. 211-5. ” In order to be in conformity with the contract, the goods must : 1. Be fit for the use normally expected of similar goods and, where applicable : ▶ correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; ▶ present the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling. 2. Present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. ” ∞ Art. L. 211-12. ” The action resulting from the lack of conformity shall be time-barred after two years (i.e. 24 months) from the delivery of the goods. ” The warranty of defects of the item sold is governed by the General Conditions of Sale ARCHIK.FR (extract from the Civil Code) ∞ Art. 1641. ” The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he/she had known about them. ” ∞ Art. 1648 – first paragraph ” The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. “
For the application of the legal guarantees, the customer can send an e-mail, firstname.lastname@example.org.
Article 13 – Information technology and freedom
In application of article 27 of Law n° 78-17 of 6 January 1978, modified by Law 2018-493 of 20 June 2018, relating to information technology, customers have the right to access, rectify, oppose and delete data concerning them, by sending a letter or an e-mail to Customer Service. All this data allows us to offer, among other things, personalised services, such as sending special offers by e-mail or post. If the customer does not wish to benefit from these offers, he/she can simply inform ARCHIK – ASLA by e-mail or by post.
Article 14 – Intellectual property
All the elements, whether visual or sound, including the underlying technology relating to the www.archik.fr website created by the company ARCHIK – ASLA are protected by intellectual property rights. By connecting to the website www.archik.fr, the Customer or any User is prohibited from copying or downloading all or part of its content, unless prior and express authorization has been given by the director of the company ARCHIK – ASLA.
Article 15 – Archiving – proof
ARCHIK – ASLA will archive order forms and invoices on a reliable and durable medium constituting a true copy, in accordance with the provisions of article 1348 of the Civil Code.
The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 16 – Applicable law and competent jurisdictions
By express agreement between the parties, these general terms and conditions of sale are subject to French law.
All disputes to which the present General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, consequences and follow-up will be submitted to the competent courts under the conditions of common law.
The company ARCHIK – ASLA and the Customer undertake, in the event of a dispute, to seek an amicable solution before any legal action is taken. In accordance with the provisions of articles L612-1 and following of the French Consumer Code, the customer has the possibility of using the services of a mediator free of charge for the amicable settlement of any unresolved dispute between the customer and the company ARCHIK – ASLA.
To the attention of ARCHIK – ASLA, 50 rue Edmond Rostand, 13006 Marseille, or email@example.com.
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of the consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.