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terms and conditions of sale

object

1.    Website publisher

 

The website that is accessed via the address www.arche.com (hereafter referred to as the "Website") is published by Arche SAS (the "Company"), A Simplified Shareholding Company with a registered capital of 3,638,000 euro, registered on the Tours company register under the number 604 800 599, with its registered head offices at rue de Fléteau – 37110 Château-Renault. VATN°: FR 28 604 800 5999.

 

Publication manager: Arche.

 

This website is hosted by :

  • OVH

 

Our customer services are accessible:

o    by email: bienvenue@arche.com

o    by telephone: 00 33(0)2 47 56 98 65

 

2.    Scope of the General Terms and Conditions

 

These general terms and conditions (the "General Terms and Conditions") exist to manage the sale of products commercialised on the Website (the "Products") by the Company to consumer customers (the "Customer(s)") for delivery to the following countries: Mainland France.

 

These General Terms and Conditions will become applicable on the day that the Website is first published on-line and will remain so as long as the Company ensures that they remain accessible on the Website.

 

In compliance with article 1369-4 of the (French) Civil Code, they are published here in a form that can be reproduced and kept on file. The Company reserves the right to modify these General Terms and Conditions at any time, any modification will become applicable as soon as it is published on-line and for all orders made after that time.

 

3.    Acceptance of the General Terms and Conditions

 

Making an order on the Website implies the implicit acceptance of these General Terms and Conditions as soon as the order is confirmed. 


orders

 

1.    Capacity

 

In making an order on the Website the Customer declares and guarantees that they are legally entitled (of legal age or a non-dependent minor as defined by the terms of the (French) Civil Code.) to accept these General Terms and Conditions. 

 

2.    Making an order

 

Making an order must first involve the creation of an account on the Website by the Customer (the "Account"). All Customers may create an account free of charge if they wish to do so, by going to the "your account" section of the Website. The Customer cerates an Account by completing the displayed identification form. This account is strictly personal in nature and allows the Customer to identify themeselves before completing an order.

 

The prices and the essential characteristics of the Products available for sale are provided on their respective product pages (in compliance with decree n° 96-477 dated 30th May 1996) which can be consulted by the Customer when they make their order. Unless otherwise indicated on the product page, a Product's sale offer will remain valid as long as it is present on the Website, subject to availability. All confirmed orders made on the Website implicitly involve the Customer's acceptance of the prices and Product descriptions

 

Photographs of the items for sale on the www.arche.com Website are not contractual and may vary slightly to the actual items.

 

The various stages necessary to complete the order will be described on the Website as the order procedure progresses.

 

In compliance with articles 1369-5 of the (French) Civil Code and L.121-19-3 of the (French) Consumer Code, the Customer will be able to check the details of their order and its total value and correct any errors before confirming the order. They will also be informed of the available payment methodes as well as the applicable shipping methods and costs.

 

3.    Order confirmation

 

By confirming the order the Customer expresses their agreement to the proposition and its conditions and commits to pay the amount corresponding to the order total, subject to the terms mentionned below. 

 

After confirmation of the order, or no later than the time of delivery, the Customer will receive an email, at the address provided when their Account was created, confirming the completion of the contract and recapitulating the following points:

  • the essential characteristics and prices of the ordered Products and the estimated delivery time
  • the conditions, time periods and execution methods of their right to cancel the order and the order cancellation form
  • the indentity, postal address, telephone number and email address of the Company as well as the address to which the consumer may send any claims they wish to make 
  • after-sales service and guarantee information 
  • the procedure for settling any litigation

 

If one or a number of the ordered Products is not available the Company will inform the Customer by Email as quickly as possible. If a Product has become definitively unavailable or the Customer refuses to wait for a Product to become available the order will be cancelled for the unavailable Product(s), and the associated amount paid by the Customer will be refunded.

 

In compliance with article L.122-1 of the (French) Consumer Code, the Company also reserves the right to cancel or refuse any order made by a Customer, provided this is for a legitimate reason; for example the existence of a legal procedure relating to the non-payment of a precedent order. 

 

4.    Archiving

 

In compliance with article L. 134-2 of the (French) Consumer Code and as completed by decree n° 2005-137 dated 16th February 2005, the Company will keep a written copy of all orders for a total of more than 120 euro for a period of 10 years, calculated from the date of delivery of the Products in question. 

 

In this case the Customer may request a copy of this by sending a written request to the Company's registered head offices accompanied with the payment of a reasonable fee where applicable.

 

All archiving is completed in compliance with the clauses of articles 1348 of the (French) Civil Code. If the archiving is done by electronic means, this will also comply with articles 1316 and following of the (French) Civil Code.


prices and payment

 

1.    Prices

 

In compliance with article L.121-18 if the (French) Consumer Code, the reference prices of Products on sale, as applicable on the date of the order, are indicated on the respective Product pages consulted by the Customer when they make their order. The prices are also clearly indicated for each Product in the details of the order when presented to the Customer for their confirmation.

 

In keeping with the (French) law dated 3rd December 1987, the price provided is for the transfer of the item in Euro (€) including V.A.T. but excluding any delivery charges which will be detailed in the "Shipping methods" section.

 

The transfer of ownership to the Customer only become effective once the price of the item has been paid in full, irrespective of the delivery date of the said Products.

 

2.    Payment methods

 

The payment for all Products included in a single order along with any applicable administration and delivery costs is made when the order is confirmed. Payments can be made by credit card (VISA, MASTERCARD) or by Paypal account; no other payment method will be accepted.

 

All transactions made on the Website are entrusted to the INGENICO e - COMMERCE SOLUTIONS secure on-line payment platform which then encrypts and transmits the payment data to the bank, ensuring confidentiality and making them totally inaccessible to any third party.

 

OgoneOgone INGENICO is the only party to have access, through their secure platform, to the Customer's banking data. None of this information passes in any way through the www.arche.com website.

 

To combat internet fraud, the Company proposes the 3D Secure system, provided by financial establishments, for Paypal payments.

 

The 3D Secure standard functions on the basis of requesting an additional piece of information known only to the bank and the card-holder during the transaction, through an authentication process to ensure that the card is being used by its legitimate owner.

 

This authentication is obligatory and any refusal to comply or error in entering the payer's personal data will cause the transaction and order to be cancelled.

 

In the case where, for whatever reason (opposition, refusal by the card issuer, etc.), the debiting of the sums due by the Customer turns out to be impossible the sale will be immediately closed and the purchase process cancelled.

 

As part of its policy of collaborating in the prevention of internet card fraud, the Company reserves the right to collect personal data including banking information provided by the Customer. The processing of this data is subject to the stipulations laid out in point 2) "Processing methods" of the "Personal data" paragraph herein.


delivery

 

1.    Methods

 

Shipping is only available to the countries listed in point 2) "Scope of these General Terms and Conditions" of the "Object" paragraph.

 

Before the order is confirmed, the Customer will be informed of the available shipping methods and their cost, they will then be able to choose which one they wish to use.

 

Delivery will be made to the address provided by the Customer, the corresponding form must be filled out precisely with all of the details necessary for the successful delivery of the order (for example: building access code, access specifics, etc.). The Company strongly recommends that the Customer provides a contact telephone number in the suitable field.

 

2.    Delivery times

 

The Company guaranteed the delivery of all orders received on the Website within a maximum period of thirty (30) days calculated from the order date. If an order includes Products deliverable at different dates, the Customer may choose to receive their order in a single delivery based on the longest delivery time or to receive the Products separately according to the availability dates provided at the time of the order.

 

Should the maximum delivery time be exceeded for reasons unrelated to the Customer or a case of "Force Majeure", the Customer may signal this by following the procedure described in point 2) "Claims" of the "Others" paragraph. If the situation is not resolved within a reasonable amount of time after this notification, the Customer can close the sale in writing by registered post with proof of reception, this will be considered applicable on reception by the Company of the said letter, unless the delivery arrives between times. The Customer will be refunded within a maximum of fourteen (14) days calculated from the day the letter is received.

 

3.    Reception

 

On the date of the delivery of the Products to the Customer, and in compliance with article L.138-4 of the (French) Consumer Code, the Customer will be responsible for all related risks.

 

If the package is damaged or the Product does not correspond with the Customer's order, they must respectively either refuse delivery of the package from the shipping company or make a claim for an exchange or refund within forty-eight (48) hours of delivery and in accordance to the procedure described in point 2) "Claims" of the "Others" paragraph herein.

 


guarantees

 

1.    Right of cancellation _ Satisfied or your money back

 

The Customer may exercise their right of cancellation as stipulated in article L.121-1 of the (French) Consumer Code after they have completed an order on the www.arche.com website.

 

To be approved and accepted, all returns for exchange or refund must comply with the criteria provided below.

 

From the date of the order's delivery the Customer has 14 working days to make a partial or complete return of the order if they wish to do so, no justification for this decision is required and no financial penalty will be incurred outside of the shipping costs for the return of the items for which the Customer remains sole responsible (the Company will not accept any packages sent collect). This period is calculated from the date of the reception of the Products, or last Product to be delivered, and will be extended to the next working day if the period runs out on a Saturday, Sunday or Bank Holiday.

 

The items must be returned in their original packaging, complete (box, instructions, accessories, etc.), new, and unused to the address provided below, accompanied with a completed return mail, which has to be fill in through the dashbord available on the customer's account.

 

return address

_________________________________________________________________________________

arche

Service retour arche_lab

Rue de Fléteau

37110 Château-Renault

France

_________________________________________________________________________________

 

As shipping fees and any potential risks of the return remain at the customer's charge and sole responsibility, the Company suggests to sent the returned item(s) by registered post with tracking. Keep a copy of the proof of dispatch.

 

The Company reserves the right to refuse any returns that so not satisfy these conditions.

 

No returns, exchanges or refunds of any kind involving items purchased on-line will be accepted and dealt with by a shop.

 

After reception of the package, once the Company has checked and accepted that the conditions have been satisfied, the Company will then refund the invoice price of the items using the same payment method as that originally used for to pay the order. The account will be credited within 14 working days on whichever of the following dates occurs first:  the reception date of the return or the date that the Customer provides a proof of despatch for the Product(s), in compliance with article L.121-21-4 of the (French) Consumer Code.

 

For partial returns or for all returns for any reason other than a manufacturing defect, hidden defect, error or late delivery during the "satisfaction guarantee" period, the shipping costs for the return will remain at the Customer's charge.

 

The Company will not refund any incomplete returns or worn, dirty or damaged items.

 

 

2.    Compliance

 

The Products presented on the Website comply with the descriptions included on the corresponding Product Pages at the time of making the order. Any lack of conformity declared within a period of two (2) years of the delivery date and recognised by the Company (excluding any defect that the Customer knows of or would have been aware of at the time of making the order), the Customer may receive a replacement Product in keeping with the procedures described in articles L.211-4 and following of the (French) Consumer Code. If such a replacement turns out to be impossible, excluding cases of minor Product defects, the Customer will receive a refund for the value.

 

All queries relating to a conformity defect will be processed according to the procedures described in point 2) "Claims" of the "Others" paragraph, at no extra charge. All replacements and refunds will be completed as quickly as possible and no later than the first of the following dates to occur: the date of recovery of the Product(s) or the date that the Customer provides a proof of despatch for the Product(s).

 

In compliance with article L.211-15 of the (French) Consumer Code, articles L.211-4, L.211-12 of the same Code are reproduced in their entirety below:

 

Article L.211-4: "The retailer must deliver an item which complies with the contract and resolves the conformity defect observed at the time of delivery. It must also resolve any conformity defects caused by the packaging, assembly or installation instructions should they have been included in the contract or were produced under their responsibility."

 

Article L. 211-5: "To be compliant with the contract, the item must:

 

1° Be suitable for the expected regular use of a similar item and, where applicable:

- correspond with the description provided by the retailer and have the qualities which they have presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect with regards to any public declarations made by the retailer, the producer or their representative, notably on advertising or labels;

 

2° Or present the characteristics defined by common agreement between the parties or specific to any special use required by the buyer, brought to the attention of the retailer and accepted by them."

 

Article L.211-12: "The action resulting from the conformity defect ceases to be applicable two years after the delivery of the item.".

 

3.    Hidden defects

 

The Products are covered by a legal hidden defects guarantee in application of articles 1641 to 1649 of the (French) Civil Code. This guarantee allows any Customer who can prove the existence of a hidden defect, that they could not have known about at the time of the sale, to have the choice of either a refund with return of the Product or a partial refund without the return of the Product, this is done by following the claims procedure described in line 2) "Claims" of the "Others" paragraph.

 

When such a claim is made within two years of the Customer's observation of the hidden defect and provided that it is recognised by the Company, they will refund an amount equivalent to the value of the Product(s) to the Customer as quickly as possible.

 

The Customer however remains the sole party liable for the choice of products, their storage and their use.

 

In compliance with article L.211-15 of the (French) Consumer Code, article 1641 and the first paragraph of article 1648 of the (French) Civil Code are reproduced in full below:

 

Article 1641: "The retailer must provide a guarantee for the object sold covering any hidden vices which make the object improper for its intended use, or which affects any such use to such an extent that the buyer would not have purchased it or would have paid a lesser price for it if they had known about the said defect."

 

Article 1641 para 1: "The procedure concerning any hidden defects must be made by the buyer within two years of the first observation of the defect."


liability

 

1.    Using this website

 

Minimum required configuration to access the Website: 512 Mb R.A.M.

 

The Company will make every effort to ensure that the Website is accessible 24 hours a day, 7 days a week. However, access may be interrupted, without prior notice to Customers, for Website maintenance, updating or development, or for any technical legal reason, or in cases of "force majeure" such as a service breakdown. Consequently the Company provides no guarantee and will not be held liable for any incorrect or insufficient functioning of the Website or the technical resources that it uses, for any incompatibility issues between the Website and Customer owned software or hardware, for any total or partial unavailability of all or part of the Service or Website access over any duration. In addition it is hereby stated that any prolonged inactivity on the Website before the final confirmation of an order is likely to lead to the loss of all data relating to the order in question.

 

Since the Website is provided via the Internet network it is subject to all of this network's issues and malfunctions. The Company will not be held liable for any damages caused by technical problems unconnected to the Website such as connection and/or communication problems caused by the Customer's internet access provider (slow connection speed, interruptions, loss of data, etc.). In addition it is the Customer's sole responsibility to protect their data, equipment and software from any computer viruses that may be present on the Website.

 

2.    Compensation

 

The Company will only accept liability for failure to fulfil the contractual obligations laid out herein, specifically excluding any damage caused by the fault or act of the Customer, a third party or as a result of "force majeure".

 

The Company will not compensate the Customer for any damages that are not the direct result of a failure on their part to fulfil their contractual obligations.

 

Should the Company's liability be engaged, only direct, personal and proven damages will be compensated specifically excluding, but not limited to, all indirect damages such as financial or commercial prejudices, loss of profit, loss of business or loss of data.

 

3.    Force majeure

 

In the case of any delays in the execution of one of the Company's contractual obligations caused by or attributed to acts, events, absence of occurrence, omissions, accidents beyond their control (including but not limited to: strikes, wars, threats of preparation for war, fire, explosion, act of sabotage, epidemics, tempests, serious IT or telecommunications breakdown), the Company will not be held liable for the loss or damage suffered by the Customer.

 

If such an event occurs, the Company will make every effort to inform the Customer as quickly as possible, who will then be able to – if the event lasts for more than fourteen (14) days as calculated from the time of the communication of the event – cancel the order by following the procedure described in point 2) "Claims" of the "Others" paragraph with any payments made refunded as quickly as possible and within fourteen (14) days of their exercising of this option.


intellectual property

 

1.    Website 

 

The Arche brands, logos, corporate identity and commercial name as well as the domain name, the graphic, text and software components of this Website are the exclusive property of the Company as the owner of all applicable intellectual and industrial property rights relating to them. 

 

2.    Products 

 

The Products presented on the Website are protected by copyright and may, where applicable, be registered as drawings and models. The intellectual property rights applicable to the Products are also the exclusive property of the Company.

 

3.    Third-party rights 

 

All elements covered by an intellectual property right not owned by the Company but present on the Website are the property of their respective rights-holder and are covered by a usage license agreed with the Company. They are also protected by (French) law.

 

4.    Commitment to refrain from counterfeiting

 

The Customer commits to respect the rights of the Company and any third party in full. Consequently they will refrain from using elements present on the Website in an unlawful way.

 

The Customer commits:

  • To not "reverse engineer" all or part of the Website, specifically its software, nor will they compile or disassemble the said software, nor modify or add to it or all or part of the proposed services,
  • To not make any unauthorised use of an element of the Website covered by an intellectual property right,
  • To not copy any content from the Website using any procedure or software,
  • To not reproduce, alter or modify the elements present on the Website without prior written consent from the rights-holders,
  • To not extract or re-use, for commercial or private use, any part of the Website without prior written consent from the Company.

personal data

 

1.    Data processing purposes 

 

Making an order on the Website implies that the Customer provides their personal data. This data and its nature are indicated on the page of the Website which contains the information request forms. The Customer consents to the collection and use of this data for customer relations management, prospecting, commercial statistics compilation, organisation of competitions, lotteries or any other promotional operations, for the management of product reviews, services or contents and for the promotion of arche brand products but excluding all transfer of this data to third parties outside of the arche group.

 

The Customer may, at any time, un-subscribe from the brand's newsletter.

 

2.    Processing methods 

 

The Company – as the party responsible for processing as defined in article 3 of the "IT and Information Freedoms" law n°78-17 dated 6th January 1978 and since modified – commits to process the personal data of its Customers in compliance with the articles of this law.

 

This data may be communicated to third-parties (such as Company partners or sub-contractors). It may not be transmitted to third party States outside of the European Economic Zone. It may be held for a period longer than that necessary for the purposes for which they were collected and processed.

 

In compliance with law n°78-17, the Customer is hereby informed that data concerning them will be processed and that they retain a right of access and rectification relative to the data which concerns them as well as a right of access to associated additional data. They may also state their opposition to the processing of this personal data for any legitimate reason.

 

To make use of this right, they can do this in writing, providing their full name and address, to this email address: bienvenue@arche.com, or by post to the address of the Company's registered offices.

 

3.    Cookies

 

A cookie is a non-executable data file stored on the Customer's computer terminal. Cookies placed by the Company serve simply to allow or facilitate electronic communication (choice of language for example), or are strictly necessary to provide an on-line communication service as specifically requested by the person concerned (shopping basket for example). Outside of the purposes mentioned above, the installation of any cookie will be subject to prior consent from the Customer after they have been informed of the precise purpose of the cookie.

 

The Customer can oppose the saving of cookies or can be informed before accepting any cookies by configuring their computer, using the procedure described below. It is however specifically noted here that should the Customer delete any cookies, all or part of the functions of the Website may be affected.

 

In all cases, the data collected will be treated in compliance with point VIII-1) below and held for a period of no more than one (1) year.


others

 

1.    Applicable legislation 

 

The General Terms and Conditions are subject to French legislation.

 

2.    Claims & Returns

 

All claims relating to the Website or the Products must be sent to the following address: bienvenue@arche.com. The Customer should clearly indicate the reasons for their claim such that the Company can respond as quickly as possible.

 

3.    Litigation and competent jurisdiction 

 

In the case of any litigation between the Parties, all commit to consult as quickly as possible to find an out of court settlement. Any litigation will be submitted, should an out of court settlement fail to be reached, to the legal competencies of the French Law Courts.

 

01 January 2016

 

 

arche