Terms of Sales
ARTOYZ S.A. with capital of €108,186 - 189 rue d’Aubervilliers – 75018 Paris
RCS of Paris 45099284700068 NAF code 4649Z
GENERAL CONDITIONS OF SALE - SALE TO INDIVIDUALS
ARTOYZ.com (hereinafter referred to as “The Site”) is published by the Company ARTOYZ SA with capital of 108,186 euros, whose Head Office is in Paris (75018) – 189 rue d'Aubervilliers, identified in the Paris RCS under number B 450 992 847, intra-community VAT number no. FR 49450992847 (hereinafter referred to as “the ARTOYZ Company”). All orders placed on the Site are subject to these general conditions of sale. The ARTOYZ Company reserves the right to adapt or modify these terms at any time, the version of the general conditions of sale applicable to any transaction being that appearing online on the Site www.ARTOYZ.com at the time of the order.
I - The Customer
The Customer declares to be a natural person, aged at least 18 years old and to have the legal capacity or to hold parental authorization allowing them to place an order on the Site. When recording the Customer's personal data in the “my account” section, the latter must ensure the accuracy and completeness of the mandatory data they provide. In the event of an error in the wording of the recipient's contact details, the ARTOYZ Company cannot be held responsible for the impossibility of delivering the product. The ARTOYZ Company reserves the right to cancel any order when the customer's IP address is domiciled in a country different from the billing and/or delivery address.
The Site is hosted by Shopify - https://shopify.com
The Publication Director of this Site is Mr. Michael Rouah.
The Site is freely accessible to all Internet users. Its purpose is the presentation and retail and wholesale sale of collectibles for adults.
Subscribing to a contract governed by these general conditions with the publisher of the Site assumes acceptance, by the Internet user, of the entirety of the general conditions, who at the same time acknowledges having read them fully. This acceptance will consist of the Internet user ticking the box corresponding to the following sentence: “I acknowledge having read and accepted the general conditions of sale”. Checking the box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidential value of the automatic recording systems of the publisher of this Site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute. Acceptance of these general conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, have the authorization of a guardian or curator if they are incapable or of their legal representative if they are minors.
II - The Products
The products offered for sale are those described on the Site. The ARTOYZ Company takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. However, it is possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts. In any event, in the event of non-compliance of the product delivered with its description on the Site, the Customer may either exercise his right of withdrawal or implement the guarantee of conformity of the ARTOYZ Company which will, where applicable, either exchange or reimburse the price (in whole or in part) possibly invoiced.
III - The Order
Taking an order on the Site is subject to compliance with the procedure put in place by the ARTOYZ Company, materialized by a succession of different steps that the customer must follow to validate their order. The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance. Any order confirmed by the Customer constitutes a sales contract and acceptance of all the stipulations herein.
A confirmation email summarizing the order (products, price, quantity, etc.) will be sent to the customer by the ARTOYZ Company. To this end, the customer formally accepts the use of email for confirmation by the ARTOYZ Company of the content of his order.
IV - Price and payment terms
1. Price determination
The prices of the products are indicated in euros, all taxes included, excluding shipping costs.
The total price of the order (including all taxes and shipping costs) is indicated in the basket.
The ARTOYZ Company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time the order is registered, subject to availability.
2. Payment terms
The products are payable in cash on the day of the actual order.
Payment for purchases is made either by:
- Bank card:
The Customer accesses a dedicated space made available by a banking institution (HSBC), which ensures the security and recording of the payment order. In this regard, the Customer expressly acknowledges that the communication of his bank card number to the ARTOYZ Company constitutes authorization to debit his account up to the amount of the products ordered. The publisher of this Site does not have access to any data relating to the user's means of payment. Payment is made directly into the hands of the banking establishment.
- Payment via Klarna:
The Customer may be offered, during the ordering process on the Artoyz website, payment solutions provided by Klarna, subject to eligibility and availability.
These solutions may notably include deferred payment or payment in several installments. The exact terms of these payment solutions, including any applicable fees, deadlines and conditions, are indicated to the Customer when selecting the payment method.
When the Customer chooses a Klarna payment solution, certain personal data necessary for the study, granting and management of the payment solution may be transmitted to Klarna. This data is processed by Klarna in accordance with its own privacy policy and in compliance with applicable regulations on the protection of personal data.
The use of Klarna payment solutions is subject to the Customer’s prior acceptance by Klarna. Artoyz cannot be held responsible for a refusal of acceptance by Klarna.
When using these payment solutions, Klarna may be required to carry out a risk analysis or identity verification in accordance with applicable regulations.
By choosing a Klarna payment solution, the Customer also accepts Klarna's general conditions of use which govern the relationship between the Customer and Klarna.
When the chosen payment solution involves financing or installment payment, Klarna acts as a payment institution or credit provider in accordance with applicable regulations. In this case, the Customer undertakes to respect the contractual conditions concluded directly with Klarna.
Any payment incident relating to a Klarna solution must be handled directly between the Customer and Klarna. However, the order will remain governed by these General Conditions of Sale with regard to the sale of products by Artoyz.
- Bank transfer: In the event of a bank transfer, this must be
The bank details to send the payment to are as follows:
Account Name ARTOYZ SARL
Bank Code 30056
Counter Code 00062
Account Number 00625302911
RIB key 94
IBAN (International Identifier) FR76 3005 6000 6200 6253 0291 194
BIC code CCFRFRPP
Domiciliation HSBC FR OPERA
The order will be shipped upon receipt of the amount. Bank charges incurred by the customer are in no way the responsibility of ARTOYZ.
3. The data recorded and kept by the ARTOYZ Company constitutes proof of the order and all past transactions. The data recorded by the payment system constitutes proof of financial transactions.
V – Delivery
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the residence address of the customer or any other natural person of their choice.
Delivery cannot be made to hotels or post office boxes.
In order for these deadlines to be respected, the customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
The deadlines indicated are indicative deadlines, corresponding to the average processing and delivery times.
The ARTOYZ Company cannot be held responsible for the consequences due to a delivery delay not due to its fault.
In the event of damaged packages (already opened, missing product(s), etc.), the Customer undertakes to notify the carrier and the ARTOYZ Company, by any means, of any reservations within 3 days following receipt of the product.
VI – Right of withdrawal
The individual Customer has a right of withdrawal, which he can exercise without reason, within fourteen (14) clear days from delivery of the order which will be exercised by the return at his expense of new products (in their original packaging, unworn, unwashed) accompanied by the order number to the following address:
ARTOYZ
CAP18 / Lane C / Bat 14 / Floor 3
189 rue d’Aubervilliers
75018 Paris
France
The ARTOYZ Company will reimburse the Customer for any sums already paid, less any shipping costs, under the conditions referred to in the following article VII.
VII – Reimbursement
Reimbursements for products in the cases referred to in Articles II and VI will be made by the ARTOYZ Company within a maximum period of fourteen (14) days after receipt by it of said products. Reimbursement will be made using the same payment method chosen by the customer at the time of their order or by issuing a voucher.
VIII – Site Newsletter
The customer acknowledges that, if he has checked the box provided for this purpose, the publisher may send them by email, at a frequency he determines and in the form he chooses, a newsletter (electronic newsletter) which may include information relating to his activity.
Subscribed members will have the option to unsubscribe from the newsletter by checking the link provided for this purpose, present on each of the newsletters.
IX - Intellectual property rights relating to the elements published on this Site
All elements of this Site belong to the publishing company. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting. Any member who is guilty of infringement would be likely to have his account deleted without notice or compensation and without this deletion constituting him any damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the publisher of this Site or his agent.
X - Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the Site, due to technical problems or of any nature, the customer will not be able to claim damage and will not be able to claim any compensation.
In the event of delivery of a clearly and visibly damaged package, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
The unavailability, even prolonged and without any limitation period, of one or more products, cannot constitute harm to Internet users and cannot in any way give rise to the granting of damages from the Site or its publisher.
The photographs and visuals of the products presented on the Site have no contractual nature, the publisher of this Site cannot therefore be held liable if the characteristics of the objects differ from the visuals present on the Site or if the latter are erroneous or incomplete.
The hypertext links present on this Site may refer to other Internet Sites and the publisher of this Site cannot be held liable if the content of these Sites contravenes the legislation in force. Likewise, the publisher of this Site cannot be held liable if the Internet user's visit to one of these Sites causes him harm.
XI- Applicable law
Any order automatically entails the customer's acceptance of the general conditions of sale. These general conditions of sale are governed by French law. In the event of a dispute, only the French Courts will have sole jurisdiction. In the event of a difficulty or complaint regarding an order, the customer can contact Customer Service to find an amicable solution.
XII– Mentions relating to the Data Protection and Freedom law, of January 6, 1978
The information collected by the ARTOYZ Company during a customer's order is necessary for the management of the transaction and for this purpose may be communicated in whole or in part to the ARTOYZ Company's service providers involved in the execution of the order. The customer is informed that these same personal data may also be collected by an organization responsible for analyzing orders and combating bank card fraud. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has the right to access, rectify, oppose and delete data concerning him. To do this, they simply need to make a request to the following email address: contact@artoyz.com.
The publisher, custodian of this data, undertakes not to communicate it to third parties without the consent of their holder and undertakes, as far as it is concerned, to respect their privacy. The only exception to this principle lies in requests for communication of this personal information at the initiative of the authorities authorized to formulate it.
Users acknowledge and accept without reservation the use of cookies and the collection of their IP address by the publisher of this Site and for the sole purpose of optimizing its operation.
GENERAL CONDITIONS OF SALE - SALE TO PROFESSIONALS
(Applicable to all orders placed with the ARTOYZ SA Company by professional buyers from September 1, 2010)
ACCOUNT OPENING:
For any account opening, the intra-community VAT number, a Kbis extract and a RIB must be provided by the customer.
Enrollment in automatic bank debit at maturity via the GoCardless system is a prerequisite for opening an account.
Without these documents, it will be impossible to validate an order.
POSTAGE & SHIPPING:
Shipments are made by POSTAL PARCEL (different rates and formulas, depending on the weight and destination of the packages).
PRICES, DISCOUNTS & FREE POSTAGE:
Prices are displayed excluding tax, departure from Paris (France). Free shipping is applied from 500.00 excluding VAT on orders only for Metropolitan France.
RE-STOCK & UNAVAILABILITY:
Since most products are limited series, it is impossible for us to guarantee complete orders. Only the confirmation of your order by the ARTOYZ SA sales department, with the issuance of the invoice, will guarantee its content.
Invoices are only issued once the order has been prepared and ready for shipment.
ORDERS & REGULATIONS:
The minimum order for the first implementation is €500 excluding tax, respecting the minimum order (MOQ - Minimum Order Quantity) per reference for all of the Brands with the exception of MEDICOM TOY, then no minimum for restocking. Regarding MEDICOM TOY, the minimum order is 2000€ excluding tax (excluding Bearbrick Series).
For the first order: PAYMENT BEFORE DELIVERY, upon receipt of the invoice.
Then, whatever the amount of the order, and unless explicitly agreed in writing on another deadline, payment is made upon receipt of the invoice by transfer. Payment deadlines may be granted on a case-by-case basis explicitly by written agreement within the limit of the credit scoring granted by our partner CREDITSAFE for France or our credit insurer COFACE for customers in the Euro zone.
PRE-ORDERS:
Placing a pre-order commits to purchasing the item once it is ready to ship. No cancellations or reductions will be accepted after the deadline. The delivery window is only an estimate, due to the production situation, delays may occur. By placing this order, you acknowledge and understand the above conditions.
PAYMENT DEADLINES:
Payments are due on the date mentioned on the invoice, and must be made by bank transfer. They are deemed to have been made on the date on which the funds are actually transmitted to our bank.
Unless agreed on a payment deadline when the order is taken by the salesperson, the payment date is the date of issue of the invoice, it being specified that, due to its electronic sending, the invoice is considered to have been received on the date of its issue.
In the event of late payment, the customer must ARTOYZ SA:
(i) late payment penalties payable on the day following the payment date appearing on the invoice, equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points - the rate applicable during the first half of the year concerned being the rate in force on 1er January of the year in question, and that applicable during the second half of the year concerned being the rate in force on 1er July of the year in question. Late payment penalties are calculated in relation to the invoice amount including tax, and are due without a reminder being necessary.
(ii) for each unpaid invoice, a fixed compensation for recovery costs of €40 (article D441-5 of the commercial code), or any other amount which would replace it. When the recovery costs incurred by the ARTOYZ SA Company are greater than the amount of this fixed compensation, the ARTOYZ SA Company may request additional compensation, upon justification. This compensation is not due when payment of the invoice on its due date is prohibited by the opening of a safeguard, recovery or judicial liquidation procedure of the customer.
TAXES:
Unit prices excluding taxes are increased by VAT at the current rate (20%) with the exception of the edition increased at 5.5%.
RESERVATION OF OWNERSHIP:
It is expressly agreed that the goods remain the property of ARTOYZ SA until full payment of their price by the buyer.
RETURNS & BACKSTANDINGS:
Returns of goods, due to a noted defect, must give rise to a request by Registered Letter which clearly indicates the reason for the return, as well as the details of the goods to be returned, within 15 days after delivery. The return of goods can only be made after validation by our sales department. The return of goods will result in the sending of a corresponding credit invoice. Any return of merchandise not authorized by these conditions will be refused.
DISPUTES:
The contract concluded in application of these general conditions of sale is subject to French law.
ANY DISPUTES WHICH MAY ARISE BETWEEN THE BUYER AND THE COMPANY ARTOYZ SA IN RELATION TO AN ORDER SUBJECT TO THESE GENERAL CONDITIONS OF SALE WILL, IN THE FAILURE OF AMICABLE AGREEMENT, BE BROUGHT BEFORE THE COMPETENT COURTS OF PARIS, EVEN IN THE EVENT OF AN APPEAL IN GUARANTEE OR PLURALITY OF DEFENDANTS. BY PLACING AN ORDER WITH THE COMPANY ARTOYZ SA, THE BUYER UNRESERVED ACCEPT THIS CLAUSE ATTRIBUTING TERRITORIAL JURISDICTION.
OBSERVATIONS:
Any order placed with the Company ARTOYZ SA implies unreserved acceptance of the conditions herein, notwithstanding any provision to the contrary that may appear on any type of document, emanating from its customers or third parties.
In particular any order placed on the website implies complete and unreserved acceptance of the General Conditions of Sale described above.
