General conditions of sale

Preambule

 

The present conditions of sale are concluded on the one hand by AS SERVICES whose head office is located in REIMS hereinafter referred to as “Pachir’art” and managing the website www.pachir-art.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.pachir-art.com hereinafter referred to as “the buyer”.

Article 1. Purpose

The present conditions of sale aim to define the contractual relations between Pachir’art and the buyer and the conditions applicable to any purchase made through the website www.pachir-art.com. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.pachir-art.com is not directly related to a professional activity linked to the art trade. The buyer also declares that he/she has full legal capacity to enter into the present general terms and conditions of sale.

Pachir’art reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.

Article 2. Products

The products offered are those listed on the website www.pachir-art.com of Pachir’art, while stocks last. Pachir’art reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main characteristics. The photographs are as accurate as possible but do not bind the Seller. The sale of the products presented on the website www.pachir-art.com is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.

Article 3. Prices

The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the rate of VAT may be reflected in the price of products. Pachir’art reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the total amount of the order.

Article 4. Order and payment terms

Before placing an order, the buyer must create an account on the site www.pachir-art.com. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile …), will have to identify himself using this information. Pachir’art offers the buyer to order and pay for his products in several steps, with 2 payment options to choose from:

– Payment by bank transfer: the buyer selects the products he wants to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by bank transfer”. Finally, the last step offers the buyer to check all the information, to read and accept the present general terms and conditions of sale by ticking the corresponding box, and then invites the buyer to validate the order by clicking on the “Confirm my order” button. This last click constitutes the final conclusion of the contract. As soon as the order is validated, the buyer receives an order form confirming the registration of the order. In order to finalize the payment and process the order, the buyer must contact his/her bank to transfer the amount of the order to AS Services’ bank account, whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Pachir’art will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wants to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by Paypal”. The next step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, and then confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter their Paypal account or personal credit card details. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract linking him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the cardholder’s written objection. The holder shall not be charged any costs for the return of the sums.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation shall be considered proof of the transaction. If the buyer has an e-mail address and if he/she has entered it on the order form, Pachir’art will send him/her an e-mail confirming the registration of his/her order.

If the buyer wishes to contact Pachir’art he can do so either by email at the following address: contact@pachir-art.com, or by phone 06.16.32.19.80.

Article 5. Reservation of ownership terms

Pachir’art retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.

Article 6. Withdrawal

In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or reimbursement without penalty, with the exception of the return costs.

Article 7. Delivery

Deliveries are made to the address indicated on the order form. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Pachir’art can provide the buyer with the tracking number of his parcel by e-mail. The risks associated with transport are the responsibility of the buyer from the moment the items leave the premises of Pachir’art. The buyer is obliged to check the condition of the packaging and the contents of the goods on delivery in the presence of the employee of La Poste or the deliveryman. In case of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Legal and contractual guarantee

All products supplied by Pachir’art benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned to Pachir’art who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by e-mail to the following address: contact@pachir-art.com, without delay.

In addition to the legal guarantees of conformity and against hidden defects, the purchaser benefits from a guarantee of repurchase of the work at the selling price indicated in article 2 of this contract. This guarantee is acquired without time limit. In order to benefit from this guarantee, the work must be returned to the seller in an impeccable state of conservation. Any defects or damage to the work shall be deducted from the amount of the return or shall be disregarded in relation to the resulting depreciation. The assessment of this deduction shall be at the sole discretion of the seller or his representative. The costs of returning and insuring the package shall be borne by the purchaser. This clause applies only to the purchaser named in this contract and is in no case (gift, resale, inheritance or other) transferable to a third party.

Article 9. Liability

Pachir’art in the process of distance selling, is only bound by an obligation of means. Pachir’art cannot be held responsible for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruptions, or other involuntary problems.

Article 10. Intellectual property

All elements of the website www.pachir-art.com are and remain the exclusive intellectual property of Pachir’art. No one is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are in the form of photo, logo, visual or text.

Article 11. Personal data

Pachir’art undertakes to preserve the confidentiality of the information provided by the buyer, which he/she may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by e-mail to the following address: contact@pachir-art.com.

Article 12. Settlement of disputes

The present conditions of distance selling are subject to French law. Only the competent court may be called upon in the event of disputes and litigation.