Article 1: Scope of Application and Amendment of the General Terms and Conditions of Sale
These general terms and conditions of sale apply to all orders placed on the website Artistika.
Artistika® reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of any modification, the terms and conditions in force on the date of the order shall apply to each order.
Article 2: Product Availability
Our product offers and prices are valid as long as they are visible on the site, subject to available stock. Upon receipt of your order, we verify the availability of the product(s) ordered. In the event of unavailability, we undertake within 30 days from order confirmation either to deliver the ordered product, to offer you a similar product at a similar price, or to refund you. To properly process your request, please remind us of your order number, as well as your full contact details.
Article 3: Orders
Automatic recording systems are considered proof of the nature and content of the order. Artistika® confirms acceptance of the order to the customer at the e-mail address provided by the customer. The sale will be concluded upon validation by Artistika® of payment for the order, that is, on the date payment is validated for orders paid online by credit card. Artistika® reserves the right in any event to refuse or cancel any order from a customer with whom there is a dispute relating to payment of a previous order.
Article 4: Prices
Prices quoted in euros are deemed net, excluding shipping costs. This price includes the price of the products, handling, packaging and storage costs. They may be changed at any time without notice, it being understood that items will be invoiced on the basis in force at the time the order is recorded. All orders are invoiced and payable in legal local currency. Any customs duties or local taxes remain the responsibility of the recipient.
Article 5: Payment Terms and Security
You may make payment:
By credit card (VISA, MASTERCARD or AMERICAN EXPRESS):
Payment is made on our partner's secure banking servers. This means that no banking information concerning you passes through the Artistika website. Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the bank you have chosen accepts the payment.
Security:
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in plain text over the network. Payment is made directly to the bank. Artistika in no way has access to these details, and does not store them on its servers. That is why you are asked for them again for each new transaction on our site.
Retention of title clause:
The products remain the property of Artistika until full payment for the order has been received by Artistika. However, from the moment the customer receives the order, the risk for the delivered goods is transferred to the customer.
Non-payment
Artistika reserves the right to refuse to make a delivery or to fulfill an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is being processed.
Anti-fraud checks
Artistika checks all orders that have been validated on its site. These checks are intended to protect Artistika from abusive practices carried out by fraudsters. As part of these procedures, our services may ask you for any documents necessary to release your order: proof of address and debit in your name, etc...These requests are made by e-mail and by telephone. Artistika reserves the right not to ship the merchandise if the requested supporting documents are not received by Artistika®. The supporting documents must be sent either by e-mail or by post.
Card declined
In the case of payment by credit card, there are two possible cases:
1. the payment is accepted, the order proceeds
2. the payment is refused:
o either the payment is blocked by the interbank network, in which case the customer is notified by email and the order is automatically put on hold. The customer must then contact Artistika to change the payment method.
o The products remain the property of Artistika until full payment for the order has been received by Artistika. However, from the moment the customer receives the order, the risk for the delivered goods is transferred to the customer.
Article 6: Payment Security
> Transaction security (SSL encryption)
Payment by credit card is processed by STRIPE, recognized for its reliability in Internet transactions. The transaction between you and STRIPE is encrypted (SSL). The banking information you provide, encrypted on your own computer, will never circulate in plain text on the Internet.
For more information, please visit https://stripe.com.
Article 7: Delivery terms and delivery times
General information
The products are delivered to the delivery address you provided during the ordering process. Pursuant to Article L. 221-15 of the Consumer Code, if the address is incorrect and the parcel is lost, liability for the loss as well as the amount thereof shall be borne by the person who provided the said address.
Incorrect address, incorrect or incomplete name
It is the customer's responsibility to provide accurate and complete information when placing the order, including the delivery address and the recipient's name.
In the event of loss, delay or non-delivery of an order resulting from an error, omission or inaccuracy in the information provided by the customer, Artistika® accepts no liability. No refund, replacement or free reshipment may be claimed in these circumstances.
In the event of the parcel being returned due to an incorrect address, additional reshipping fees will be borne by the customer.
Fees
The contribution toward preparing and shipping the order is completely free for purchases over $50 USD.
Delivery times
The stated delivery times are average times and correspond to the processing, preparation, and shipping times for your order (warehouse dispatch). This timeframe must be added to the carrier’s delivery time. The announced delivery time of 10 to 20 days applies from the buyer’s receipt of the order delivery email. The delivery time announced by the carrier in no way commits Artistika® to a longer timeframe.
Article 8: Returns
If products need to be returned to us, a return request must be made to our customer service within 14 days of delivery. Any claim made outside this period cannot be accepted. Returns will only be accepted for products in their original condition. If, at the time of delivery, the original packaging is damaged, torn, or opened, you must then check the condition of the items. If they have been damaged, you must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
Does not live at the address provided
If a parcel is returned by La Poste with the reason "NPAI," Artistika® is entitled to request additional shipping fees if:
• the address was entered incorrectly by the customer on the order form
• the address entered by the customer on the order form is incorrect or incomplete
However, Artistika will open an investigation for "abusive return" and resend the parcel without requesting additional fees if the carrier is found to be at fault.
Unclaimed parcel
If a parcel is returned to us with the reason "Unclaimed," Artistika is entitled to request additional shipping fees for resending the parcel.
WARNING: in the event of an UNCLAIMED parcel returned to Artistika for more than 15 days (i.e., 30 days in total between the 15-day return period at the postal services and 15 days of storage upon return to Artistika), the order can no longer be canceled or refunded.
Lost parcel
In the event of a delivery dispute, Artistika reserves the right to request proof of identity including the signature of the customer and/or the person residing at the delivery address and/or the person who may have received the parcel. In case of refusal, Artistika will then be unable to proceed with any refund or product exchange.
False or incorrect address
If the customer provides an incorrect or incomplete address, we disclaim all responsibility for the loss of the parcel or its non-delivery.
No refund or compensation will be granted in such circumstances. It is the customer’s responsibility to ensure that the address provided at the time of order is accurate and complete to guarantee proper receipt of their parcel.
Claim period (deadlines)
Each order is accompanied by a shipping confirmation email as well as a shipping notification visible in the customer account. No claim for a parcel not received, lost, or damaged can be made beyond 30 days after the order shipping date.
A claim can be made by contacting us here.
Good faith clause
Artistika undertakes to inform the customer of the delivery of their order:
• via an automatic email sent to the email address provided at the time of ordering.
• via the opening and management of any dispute files with carriers
It is the customer’s responsibility in good faith to use these services to know the progress of their order’s delivery. A customer claim not made through these services within 30 days after the order has been shipped cannot give rise to a refund or even to the opening of a file with Artistika.
Delivery outside the area and customs duties.
All our prices exclude customs duties. Outside the European Union, customs duties may be charged by the destination country of the order. These fees are always the responsibility of the recipient and cannot be calculated in advance by Artistika. These fees are collected by the customs authorities of the destination country and not by Artistika. Please contact the customs service in your country for any questions on this subject.
All this information can be found in our FAQ.
Article 8: Liability
• Artistika cannot be held responsible for failure to perform the contract due to force majeure, or in the event of a total or partial strike by postal services or carriers, or disasters caused by floods or fires.
• The selection and purchase of a product or service are the sole responsibility of the customer. The total or partial inability to use the products, including due to equipment incompatibility, cannot give rise to any compensation, refund, or liability on the part of Artistika, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal provided for under Article 8.
• In the event of non-delivery of an order or part of an order,
- If the parcel is marked as delivered by the carrier, you have 14 days from the delivery date announced by the carrier to submit a claim.
- If the parcel is not marked as delivered by the carrier or encounters a delivery problem and is not returned to the sender, you have 30 days from the shipping date to submit a claim.
Beyond the time limits stated above, we will not accept any claims.
Article 9: Right of withdrawal
Right of withdrawal
You have 14 days to return any item and request an exchange or refund without penalty, except for return shipping costs. Before sending your product back to us, you must have your return authorization number (see paragraph 9, return procedure). The product must be returned in perfect condition, in its original undamaged packaging. It must be accompanied by all its accessories (instructions, cords, remote controls, warranties, etc.). Otherwise, you will lose your right of withdrawal and the product will be returned to you at your expense.
ARTICLE 10: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
Ownership of the products is transferred to the buyer only after full payment of the price by the latter, regardless of the delivery date of said products. However, the transfer of the risks of loss and damage to the products takes place upon delivery and receipt of said products by the buyer.
ARTICLE 11: PROTECTION OF YOUR PERSONAL DATA
Artistika® is the producer and owner of all or part of the databases making up this website. By accessing this website, the customer acknowledges that the data comprising it are legally protected and undertakes not to extract, reuse, store, reproduce, represent, or retain, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or a substantively significant part, qualitatively or quantitatively, of the content of the databases on the website they access.
"Artistika" is a registered trademark.
ARTICLE 12: LIABILITY
The product descriptions present in the databases of the site Artistika have been entered based on the information provided by the publishers. Artistika® is not responsible for the content of the works and cannot be held liable to the purchaser. Artistika® cannot be held liable in the event of force majeure (strike, flood, fire...).
The products offered comply with the current New Mexico (USA) law. We disclaim all liability if the delivered item does not comply with the legislation of the country of delivery (censorship, ban on a title or an author...). Artistika® is not responsible for the content of websites to which hyperlinks may lead from its own site.
ARTICLE 13: REFUND
Artistika undertakes to refund its customers within 20 days following confirmation of the refund by our services. The amount refunded depending on the situation, certain penalties may apply, such as the non-refund of shipping costs, no refund in the event of a returned item that is damaged, a partial refund following a missing item in an order or a damaged item within an order, etc.
ARTICLE 14 : APPLICABLE LAW
All clauses set out in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to the law of New Mexico, USA.
ARTICLE 15 : BUYER'S ACCEPTANCE
These general terms and conditions of sale as well as the prices are expressly agreed to and accepted by the buyer, who declares and acknowledges having full knowledge of them, and therefore waives reliance on any contradictory document and, in particular, its own general purchasing conditions, the act of purchase entailing acceptance of these general terms and conditions of sale.
Registered Office :
Artistika MENA is managed by Monsteo Seo Limited, whose registered office is at
Monsteo Seo Limited
71-75 Shelton Street
WC2H 9JQ
London
United Kingdom
