General terms and conditions of sale
DEFINITION OF THE PARTS
Ars Temptation a company registered under number 900 756 289 00014, 6 rue Molière, Tourouzelle 11200 – FRANCE (hereinafter referred to as "Ars Temptation", "www.arstemptation.com", "we", "us" or "site")
Any adult or legal person acting as a consumer (within the meaning of law and jurisprudence), who consults the website www.arstemptation.com and/or makes a purchase from Ars Temptation (hereinafter referred to as the "buyer", "client", "customer", "user", "internet user" or "you").
GENERAL DEFINITION AND OBLIGATIONS
Acceptance of these general conditions of sale and use
The use of the www.arstemptation.com website is governed by the policies, terms and conditions set forth below. Your use of this site indicates your acceptance of these terms and conditions. By accessing the site and placing an order, you agree to be bound without reservation by these conditions of sale. They constitute the contract between the company Ars Temptation and the internet user, the user or the buyer. In the event of non-acceptance of the general conditions of use and sale stipulated in this contract, the user must renounce access to the site and the purchase of online product of Ars Temptation brand. The responsibility of Ars Temptation could in no case be engaged. Ars Temptation reserves the right to make changes to this site and these terms and conditions at any time.
Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.arstemptation.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have the full legal capacity, allowing it to engage under these general conditions of sale.
The buyer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The buyer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by Ars Temptation constitutes proof of all transactions.
The general conditions of sale and use are likely to be subject to modifications and updates, the conditions applicable to the order of an item by the customer are those in force on the day and at the time of payment of the command.
PRODUCT AND SERVICE
Ars Temptation is a company that creates and distributes jewelry items in many different materials. All our products are made and distributed in accordance with current French legislation. The essential characteristics of the products, the services and their respective prices are made available to the customer on the merchant site www.arstemptation.com.
Ars Temptation undertakes to honor the buyer’s order within the limit of its available stocks only. If the customer places an order for an “unavailable” product, Ars Temptation will notify you by email. The order will be automatically canceled, the bank debit of the client will be refunded or canceled.
The merchant site www.arstemptation.com is not intended to sell its products in large quantities. Consequently, Ars Temptation reserves the right to refuse orders and to modify the assortment of products at any time.
The pictures of the products are as accurate as possible but are in no way binding on Ars Temptation. The sale of products presented on the site www.arstemptation.com is intended for all buyers resident in countries which fully authorize the entry into their territory of these products. The responsibility of the company can not be engaged in the event of non-compliance with the legislation of the country in which the products are delivered and which it is up to the buyer to verify.
Shipping price information
The shipping information is detailed in the SHIPPING & RETURNS section.
Ars Temptation reserves the right to modify its prices at any time and without notice. The prices applicable to the ordering of an item by the user are those in effect on the day and time of payment of the order. Thus, the prices displayed in the basket are likely to be changed to match the prices displayed in the product description sheet. Placing a product in your cart does not guarantee that its price will remain the same as it was when the user put the product in the shopping cart. Finally, display errors may occur due to computer problems, we apologize in advance if this occurs and will do our best to correct it. However, if the case arises you will be contacted to be informed and resolve the issue.
The prices displayed in the context of event and promotional sales are valid only during the promotion period indicated by the site, within the limits of available stocks. Ars Temptation reserves the right to offer promotional codes for the purchase of a product online. Promotional codes can only be issued by Ars Temptation and can under no circumstances be held responsible for any promotional codes provided by another third party and for which Ars Temptation has not given its consent. Promotional codes cannot be used for products already benefiting from any promotion (sales, event sales, price reduction, etc.)
MEANS OF PAYMENT
The client is granted with the following paying methods:
1. By credit card (Visa, Mastercard, American Express, Discover…):
When paying online, enter your bank card number, its expiration date and the three digits on the back of it. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is completed, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Any payment by invalid credit card will be refused, which makes it impossible to validate the payment and therefore the order. The order will be considered valid only after receipt of payment.
Purchases paid by credit card (VISA and MASTERCARD) can be secured by the 3D Secure control system. When you pay for your order by credit card, if your bank adheres to the “Verified by Visa” or “Secure Code Mastercard” payment security program, after clicking on “Order and pay”, you may see a new screen appear. inviting you to identify yourself, for example, with a code received by sms.
2. By Paypal:
PayPal is the world leader in online payments. Activate your PayPal account. When you place an order, if you choose this payment method, you will be automatically redirected to the PayPal site. Enter your login details and proceed to payment. With PayPal your financial information is never communicated to Ars Temptation. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
PayPal allows you to pay online without disclosing your financial information during the transaction.
3. By bank transfer:
The buyer choosing to pay for an order by bank transfer is invited to provide Ars Temptation within 7 days with a copy of his transfer order to confirm the order’s payment, by email to the email address: firstname.lastname@example.org. The bank transfer must be made within 7 days of the order date, to the Ars Temptation account. Beyond 7 days, the order is canceled. Upon receipt of the bank transfer, Ars Temptation will begin processing/manufacturing the product and ship the order to the customer, subject to a 10-day provision period.
Case of insatisfaction with a product
If you're not satisfied with your purchase on Ars Temptation, you can return the item for store credit or exchange. All returns must be made within 14 days of receiving your order. Ars Temptation does not accept returns after the 14 days period. Exchanges or returns must be in their original, unused/unworn condition and the item must also be in the original packaging. Only standard priced items may be refunded, unfortunately sale items cannot be refunded. The item should be postmarked to Ars Temptation within 14 days of your order being delivered to you. If your return is postmarked more than 14 days passed your delivery date, Ars Temptation will not return or exchange your product (example: Your package is delivered to you on Monday, April 1st. If you change your mind and would like to return it, your return package must be postmarked/shipped by Sunday, April 14th, back to Ars Temptation). Customers are responsible for return shipping fees. All original shipping fees are non-refundable. Ars Temptation recommends you ship your package with insurance and use a trackable shipping method. Ars Temptation is not responsible for lost or stolen packages on international or domestic orders.
In case you wish to cancel an order that has not yet been manufactured/shipped, kindly send a request to email@example.com or call our phone number +33 630951900. For order cancellations before shipping the order will be refunded immediately. However, if an order has been already shipped, please wait for it to return to our warehouse for the refund to take place. Ars Temptation is not responsible for the shipping costs of order cancellations.
Orders that meet the stated requirements herein are eligible for one exchange only and after that point are not eligible for a refund or exchange. Refunds and store credits are processed within ten business days after receipt of package.
Case of a defective product
In case you received a defective or damaged piece, please inform us through email (firstname.lastname@example.org) or call us at +33 630951900. You have the possibility to request a refund of your order within 14 days from the date of receipt of the product. Reimbursement of the invoiced price of the returned product will be made, by credit to the buyer’s bank account or Paypal account, no later than 30 days following receipt by Ars Temptation of the returned items. An email confirming that the refund has been made will be sent to the buyer on the email used for the purchase.
Delivery information is transmitted by the buyer when creating the customer account or during the ordering process and can be changed at any time during the ordering, by email or by phone. The order cannot be delivered without first having completed the required information. No delivery is made to hotels or transient addresses.
Shipping costs are detailed in the SHIPPING & RETURNS section. The costs and duties of customs clearance or import duties or local taxes are the responsibility of the buyer and will be his responsibility. Ars Temptation therefore invites the buyer to get information from the corresponding local authorities.
Delivery delay differ between different destinations. Deliveries are made to the address indicated on the buyer’s order form and in the agreed geographic area. Delivery delays are detailed in the SHIPPING & RETURNS section.
The buyer is responsible for checking the condition of the packaging, the goods and their contents upon delivery.
If the package arrives damaged, the customer must have it returned and/or refuse to the transport company, otherwise his responsibility will be engaged and not that of the carrier.
Ars Temptation cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers.
GUARANTEE AND PRODUCT RETURN RIGHTS
The buyer benefits from the legal guarantee of conformity and therefore from an application of article L211-4 of the Consumer Code which provides that :
« The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. »
The guarantee is applicable to our new products having a defective nature (absence of the characteristics presented online) and this, even in the absence of contractual guarantee. A lack of conformity can appear up to 14 days after the transaction. The presumption of lack of conformity no longer applies if it appears after 14 days following the reception of the product. You must provide proof of the defect of our product. In the event of a defect, we undertake to replace your product or reimburse you as soon as possible.
The warranty does not apply to alteration, normal wear and tear, or faulty maintenance of the product.
Right to retract
In accordance with the provisions of article L.121-21 of the Consumer Code, the buyer has a withdrawal period of 14 days from receipt of the product to exercise his right of withdrawal without having to justify reasons or pay a penalty. Regardless of this right of withdrawal, if a piece of jewelry does not meet the expectations of the buyer, the buyer benefits from a guarantee of 14 days from the date of receipt of the product, the postmark being taken as proof.
Please note, in accordance with article L. 121-202 of the Consumer Code, the right of withdrawal do not apply to products made at the customer’s request and made to measure, which cannot be resold by the company.
The retraction right is only applicable in the European Union countries (French overseas territories included).
The buyer must first make a return request for the delivered product, indicating the reason by the means below and respecting the return process and conditions exactly. Your return request is only effective once it has been confirmed by Ars Temptation's customer service.
On the site www.arstemptation.com in the contact section
By email: email@example.com
By phone: +33 (0)6 30 95 19 00
Upon receipt of the return request and subject to acceptance, several possibilities will be offered to the buyer:
Exchange: the product will be exchanged for a product of similar design, value, or different size.
Credit: the customer has the choice to benefit from a credit note to make a decision at a later date
Refund: refund of the invoiced price of the returned product will be made, by credit to the buyer’s bank account or Paypal account, no later than 30 days following receipt by the company of the returned items. An email confirming that the refund has been made will be sent to the buyer on the email used for the purchase.
Returns will only be accepted by Ars Temptation and will only give rise to a refund or exchange, if :
The return process has been respected
The buyer must return the delivered product, unworn/unused, in its original packaging, in perfect condition and complete (accessories, instructions, etc.). Items returned incomplete, damaged, modified will not be accepted.
Custom-made, resized and engraved products cannot be returned. These products come within the framework of exception n ° 3 of article L. 221-28 of the Consumer Code which stipulates that in this case the right of withdrawal cannot be applied.
To avoid abuse, Ars Temptation will not accept multiple returns and refunds from the same person except in specific cases.
For a piece of jewelry delivered in the French overseas departments, return or exchange are also possible but will take longer to process and may incur additional customs fees. We invite you to contact Ars Temptation customer service for more information.
LIABILITY AND FORCE MAJEURE
Ars Temptation cannot be held responsible for damage resulting from improper use of the product purchased. It cannot be held liable for damage resulting from the use of the internet such as loss of data or computer virus, interruption of service, or other unintentional problems. Ars Temptation is responsible for the proper execution of these general conditions. However, Ars Temptation cannot be held liable for a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract.
The products offered comply with current French legislation. Ars Temptation cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the buyer to check with the local authorities the possibilities of importing the products that the buyer intends to order.
Ars Temptation cannot be held responsible for any form of fraudulent use of an account by theft of identity and / or password during connection. Users are solely responsible for the confidentiality of their account login information.
APPLICABLE LAW IN THE EVENT OF DISPUTES
These conditions of sale are subject to French law. In the absence of an amicable resolution, the dispute will be brought before the French courts.
Ars Temptation will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The company’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Ars Temptation is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained in it (for example, images, sound, audio, video, software or texts; trademarks or logos , color combinations, structure and design, selection of materials used, access and use, etc.), as well as their selection, assembly and layout, are the exclusive property of Ars Temptation. You may use the content of this website in order to purchase or place an order on this site, and for no other purpose. No material on this website may be copied, reproduced, modified, republished, uploaded, published, transmitted or distributed in any way or by any means without the prior written permission of Ars Temptation. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties. Ars Temptation is a registered trademark. All custom graphics, icons, logos, and service names are trademarks, trademarks, or service marks of Ars Temptation. The use of any trademark or service mark of Ars Temptation without the express written consent of Ars Temptation is prohibited.
CONFIDENTIALITY AND PERSONAL DATA
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Ars Temptation shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Ars Temptation shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank account charged. If you have already been charged for the purchase and your order is canceled, Ars Temptation shall immediately issue a credit to your bank account in the amount of the incorrect price.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE Ars Temptation WEBSITE (www.arstemptation.com)
The Ars Temptation website and the materials therein are provided "as is". Ars Temptation makes no representations or warranties, either express or implied, of any kind with respect to the Ars Temptation website, its operation, contents, information or materials. Ars Temptation expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. The user agrees that Ars Temptation, its directors, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Ars Temptation website. The user agrees that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.