TERMS AND CONDITIONS - RETAIL
ARTOYZ.com (hereinafter "the Website") is the property of ARTOYZ (hereinafter "ARTOYZ SA" or "we"), a €117 537-share capital limited company, having its head office at 189 rue d'Aubervilliers 75018 Paris, France, registered in the Companies Register (RCS) for Paris under number B 450 992 847. Intercommunity VAT number FR 49450992847. These general terms of sales apply to all orders on the Web Website. These terms are subject to modification and updates; accordingly, the terms applicable to products orders by customers are those applicable on the date of the order on the Web Website.
I - The customer
To be a Customer of the Website you must be a consumer, of legal age and with full legal capacity or to be authorized by your parents to order on the Website. The personal information you give to ARTOYZ when opening your customer account or upon any order you may place must be complete, accurate and up to date. ARTOYZ would not be responsible for undelivered product should the data prove incorrect. ARTOYZ reserves the right to cancel any order should the IP address of the customer be located in a country different from the billing and/or the delivery address.
The Website is hosted by Planethoster http://www.planethoster.net
The publisher of this Website is Michael Rouah.
This Website is free of access for everyone. His nature is to sell and wholesale collectible figures for adults.
II - The Products
The products offered for sale are those featured on the Website. ARTOYZ Company makes every effort to accurately present and describe the products to inform the Customer at best. It is, however, possible that the Web Website may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the Web Website, ARTOYZ Company agrees to remedy such non-compliance by either exchange or pay back (totally or partly) the invoiced product.
III - Ordering Products
The acceptance of orders placed on the Website is subject to compliance with the procedure set up by ARTOYZ. This takes the form of a series of succeeding screen pages indicating the steps to be taken by customers to validate their order. You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance. Every confirmed order applies as a sale contract and an acceptance of all the present stipulations.
Once you have validated your order, ARTOYZ Company will promptly confirm receipt by sending you an e-mail to the address provided to us. In that aim, you formally accept the use of e-mail by ARTOYZ Company to confirm the content of your order. This confirmation e-mail will include all of the information provided by you, as well as the accepted price and terms of payment. For each product, you will also receive, upon delivery, written confirmation of the price paid and of the shipping fees applicable to you.
IV - Price and Terms of Payment
1. Choice of price
The prices displayed on the Website are in Euros, VAT included, shipping excluded. The total price of the order (taxes and shipping fees included) is mentioned in the cart.
ARTOYZ Company reserves the right to modify the prices at all times but the prices invoiced to customers are those applicable on the date of the order, subject to stock.
2. Terms of payment
To pay your order, you may use:
- A credit card: the Customer has access to a dedicated space made available by a banking establishment, which ensures the security and recording of the payment order. To this effect, the Customer expressively authorized ARTOYZ to debit its account accordingly to the amount of the ordered products.
- Wire Transfer : The Customer may choose to send a wire transfer thru IBAN, his order will be shipped once payment is received by ARTOYZ. ARTOYZ is not responsible for fees charged by the bank.
Account Name ARTOYZ SARL
IBAN FR76 3005 6000 6200 6253 0291 194
BIC Code CCFRFRPP
3. Data registered and saved by ARTOYZ act as a proof of order and of all transactions done. Data registered by the payment system act as a proof of the financial transactions.
V – Delivery
ARTOYZ Company will make delivery to the address you give in your order, it being specified that this must be your place of residence or that of any other individual of your choice.
In the territories outside the European Union, it is recalled that delivery may be delayed for so long as customs formalities and duties have not been carried out or paid by you, and you agree to this.
To ensure the lead times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as, inter alia, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
Mentioned lead times are indicative of the average time to process order and to delivery it. ARTOYZ Company would not be held responsible for a delayed delivery due to external causes.
In case of damaged delivery (already opened, missing product...), the Customer is due to notify the transport service and ARTOYZ, by any means, its refusal of the product within 3 days following the delivery.
VI – Right of Cancellation
Customers have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of fourteen (14) clear days from receipt of the products ordered.
Customers are responsible for the cost and the safe return (original packing, products are not to be worn nor washed) accompanied by the order number to the following address:
CAP18 / Voie D / Bat 32 / Et 2
189 rue d'Aubervilliers
ARTOYZ will refund the Customer the possible money already paid, excluded shipment fees, and under the conditions described in the following paragraph (VII).
VII – Policy of Refund
ARTOYZ will refund the returned products under the circumstances described in paragraphs II and VI, no later than 14 days following receipt by ARTOYZ Company of the returned products. Refund will be done similarly to the term of payment chosen by the Customer when he ordered the products or by a purchase voucher.
VIII – Newsletter
Customers agree, by ticking the mentionned box, that ARTOYZ would be able to send them periodic emails (at the frequency of ARTOYZ will) including informations related to its activity.
Members can unsubscribe anytime by clicking the link featured on the bottom of each newsletter that ARTOYZ would send.
IX – Use of Website informations and Images
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Website subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without the express authorization of ARTOYZ. Pictures on the Website are property of ARTOYZ and may not be used for commercial purposes without permission of ARTOYZ.
Any use of software, images, and accompanying documentation you download from the Website is subject to the terms of a software license agreement between you and ARTOYZ. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
X - Disclaimer
Except where expressly provided otherwise, the Website, and all content, materials, information, software, products and services provided on the Website, are provided on an "as is" and "as available" basis. ARTOYZ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ARTOYZ makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. ARTOYZ shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. ARTOYZ reserves the right to make changes or updates to the Website at any time without notice.
The Website provides links to Websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that ARTOYZ is not responsible for the availability of, and content provided on, third party Web Websites. You should refer to the policies posted by other Web Websites regarding privacy and other topics before you use them. You agree that ARTOYZ is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that ARTOYZ is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that ARTOYZ is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
XI – Applicable Laws
All matters relating to your access to, and use of, the Website shall be governed by French law. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted in a court in France. You and Artoyz agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
XII – Use of your information
ARTOYZ collects personal data on the Website that is required for processing orders. Such data may be communicated, in whole or in part, to our service providers involved in fulfilling the order.
Customers are informed that such personal data is also collected by bodies in charge of analyzing orders and fighting against credit card fraud.
ARTOYZ may collect and process anonymous information about your visit to this Web Site, such as some of the pages you visit and some of the searches you perform. Such information is used by us to help us improve the contents of the site and to compile, for internal market research purposes, aggregate statistics about individuals using it.
(a) "per-session cookies" are used while you are visiting the Web Site to keep track of your progress through the booking process. These do not store any personal information and are deleted when you close your web browser;
(b) "auto logon cookies" store some personal information in order to allow you to log on automatically; and
(c) "looker cookies" store historic data about your visits to our Web Site and allow us to personalize your shopping experience and make recommendations to you about products and services that we think may be of interest to you.
With most web browsers it is possible to configure your Internet browser so that it can refuse new cookies, prompt you to accept a cookie or disable cookies altogether. How you do this will depend on the Internet browser you use - however, refusing to accept "per-session cookies" may result in our Web Site not operating correctly.
In accordance with Act no. 78-17 of January 6, 1978 on automated data processing, files and civil liberties, you have a right to access, modify, correct, oppose and delete personal data concerning you.
XIII - Copyright / Trademark Information
Copyright © 2003-2010 Artoyz. All rights reserved. Artoyz, Artoyz Originals, ATZ by Artoyz are registered trademarks of Artoyz. Other names appearing on the Website may be trademarks of their respective owners.
TERMS AND CONDITIONS - WHOLESALE
(Apply from September 1st, 2010)
ACCOUNT OPENING: For every new account, we need your VAT number (including the first two letters).
SHIPPING: Our parcels are shipped thru Chronopost (pricing may vary and is adjusted according to final destination, weight and number of parcels).
PRICING & POSTAGE PAID: All our prices in our catalog do not include VAT. Postage paid only for orders over 1500€ shipped in France Metropolitan.
BACKORDERS & UNAVAILABILITY: Most of the products we are wholesaling are limited editions, it is impossible for us to guarantee your whole order. The only guarantee for you is our Pro Forma Invoice that will be sent prior to your payment.
ORDERS & PAYMENTS: Your first order should be 500€ HT minimum. It only applies to your first order.
For the first order: Payment must be done prior to the delivery, when you’ll receive our Pro Forma Invoice. Then for the next orders, whatever the total amount, and besides explicit written agreement, the total is due at invoice reception.
DELAYS: Payments must be received by ARTOYZ at last 5 days before the due date (for payments by check – French checks only) and on due date (for payments thru Bank Transfer, Credit Card or Paypal).
Due date are determined when you’ll receive confirmation of your order.
8 days after the due date, if no payment has been received by Artoyz, you will receive a Penalty. Penalty for late payment is the following: 1.5 x the legal call rate, plus VAT, per week.
Late Fee Penalty are due without reminder, pursuant Law Article L 441-6 from French Commercial Code (article 33 from ordinance #86-1243 from December 1st, 1986 modified by the article 53-II of Law 2001-420 from May 15th, 2001). Account will be immediately suspended by Artoyz if you don’t pay.
TAXES: French VAT is 19.6% on all manufactured products. Exception for books (VAT is 5.5%).
OWNERSHIP: All products are entirely property of ARTOYZ SA until full payment.
RETURN PRODUCTS & BALANCE: If you notice defaults on our products when you receive the goods, you have to ask us before sending back the products. Returns must be validated upon shipping by our sales service. You will receive a credit note once returns is validated and shipped back. All returns, non-authorized by the present conditions, will be turned down. Balanced orders due to unavailability of products are processed following the article BACKORDERS & UNAVAILABILITY
DISPUTE: Contestations concerning the present convention will be carried at bar (French Commercial Court).
OBSERVATIONS: Each order proceeds to Artoyz SA must fully agree to these terms, despite contrary disposals featured on any kind of document, coming from his customers or third party.