Article 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SARL WEBOSITY operating under the trade name ARTEFACT, registered in the Toulouse Trade and Companies Register under number 823 752 449 and having its registered office at 22 avenue du Louron 31770 COLOMIERS, hereinafter “ARTEFACT” (the “Seller”) to consumers and non-professional purchasers (“The Customer”) wishing to acquire the products offered for sale by ARTEFACT (“The Products”) on the website https: //pc-gamer. tech/.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, before any transaction with the Customer.
With the exception of these special conditions, these General Conditions of Sale apply to the exclusion of all other conditions to the contrary, and in particular any leaflet, commercial brochure, advertising or content of the website https://pc-gamer.tech/
They are accessible at any time on the website https://pc-gamer.tech/ and will prevail, if necessary, over any other version or any other contradictory document.
The version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them unreservedly by ticking the box provided for this purpose prior to the implementation of the online ordering procedure.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
Article 2 – Contractual documents
The order of priority of the documents, which together constitute the Contract, is as follows (in order of prevalence)
The Order Confirmation
Any Special Conditions
The present General Terms and Conditions of Sale
In the event of differences or contradictions between the terms of the contractual documents, the document with the highest rank shall prevail over the others.
Article 3 – Products
ARTEFACT offers computer products and spare parts for sale, most of which are reconditioned.
The refurbished products are supplied by refurbishing professionals and are subject to a control and testing procedure carried out by ARTEFACT on its premises before being sold on the site.
The reconditioned computers are converted and prepared by ARTEFACT with new spare parts for a specific use dedicated to Gaming.
ARTEFACT offers turnkey Products and Products that can be customised by the Customer by choosing between different component options.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions, capacity or power of the Products, are presented on the website https://pc-gamer.tech/
The Customer is obliged to read them before placing an order.
ARTEFACT undertakes to provide performance levels. Product performance tests are carried out using 3DMARK software. The scores are indicated on the Product sheets on the website https://pc-gamer.tech/
In order to maintain the performance level of the Products without being bound by the production policies of the suppliers and to limit price variations as much as possible, ARTEFACT offers its Products with components of brands and models that may vary according to the market.
The Customer is informed that all Products of the same model for turnkey Products and/or of the same composition for customised Products, have similar performances corresponding to the product sheet but may be made with components of different brands and models.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://pc-gamer.tech/ are not contractual and do not engage the responsibility of the Seller.
Product offers are subject to availability, as specified on the website when the order is placed.
Article 4 – Ordering
The order can be made on the website https://pc-gamer.tech/ or by e-mail to [email protected]
4.1 Ordering on the website
Customer identification on the website
Ordering on the website https://pc-gamer.tech/ is not subject to the creation of an account.
The Customer can order either as a visitor or from his account.
Creation of a Customer account
If the Customer wishes, he can create a personal account on the website and register. The account thus created will allow the Customer to access the Products and will be accessible with an identifier and a password.
The Customer chooses his login and password. He is informed that they are unique and personal and undertakes to keep them confidential.
The identifiers can be modified online by the Customer in his personal Account.
The Customer is solely responsible for the consequences of the use of his account, until it is deactivated. Any use of the identifiers is deemed to constitute use of the website by the Customer, which the latter expressly accepts.
In the event of loss or unauthorised use of the account, login and password, the Customer must immediately inform the administrators of the Website by sending a message to the contact address indicated on the Website.
Any attempt to substitute another Customer’s login or password is strictly prohibited.
The Customer undertakes to provide true and accurate information and must keep it up to date. If they fail to do so, ARTEFACT reserves the right, in particular, to suspend or terminate their personal Account without delay and, where applicable, to refuse them access to all or part of the website.
The information and data collected during transactions are essential for the management and execution of the latter.
Ordering process
To order, the Customer must select the products of his choice on the website https://pc-gamer.tech/ and place them in his virtual basket by clicking “Add to Basket”.
The Customer must then click on “View Cart”.
The Customer then has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer’s responsibility to check the accuracy of the order and to rectify any errors immediately before validating the order.
By clicking on “Validate order”, the Customer confirms the choice of products, the quantity and accepts the price.
The Customer is invited to enter or, if he/she has a customer account, to confirm his/her full contact details (surname, first name, address, postcode, town, telephone number, e-mail address) for invoicing purposes and to enter a delivery address if it is different from the invoicing address.
When validating the order, the Customer is invited to validate the details provided on his/her customer account and to enter his/her billing details. The order includes the information provided by the Customer.
The Customer has the possibility to check the details of his order and can cancel it by returning to the previous pages.
The Customer is also invited to enter the delivery option and the payment option he/she chooses.
Before finalising the order, the Customer must have read these General Terms and Conditions of Sale. By ticking the box provided for this purpose, the Customer acknowledges that he/she has read these General Terms and Conditions of Sale in their entirety and accepts them without reservation.
The Customer may then click on “order”. This click constitutes validation of the order, acceptance of the price and the obligation to pay this price.
The Customer is then redirected to the payment page corresponding to the method of payment chosen.
The Customer may cancel the order until the payment is validated.
As soon as the payment is validated, the order is recorded.
Confirmation of the order
An e-mail confirming the order is sent to the Customer at the e-mail address provided.
This Confirmation includes all the elements of the order: the product ordered, the price of the order, the delivery method chosen, the payment method chosen, the billing address and the delivery address.
Any order placed on the website https://pc-gamer.tech/, validated by the Customer and confirmed by ARTEFACT, under the conditions and in accordance with the terms and conditions described above, constitutes the formation of a contract concluded at a distance between the Customer and ARTEFACT.
The sale shall not be final until this confirmation has been sent to the Customer and ARTEFACT has collected the full price.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
ARTEFACT reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
4.2 Ordering by e-mail or telephone
The Customer must select the products he/she wishes to order on the site and send an e-mail to [email protected] containing the precise model, description, performance, quantity of the product chosen and the total price of the order as well as the delivery method.
The Customer may also place an order by telephone on the number shown on the website https://pc-gamer.tech/.
An Order Confirmation e-mail is sent to the Customer at the e-mail address that he/she has provided to ARTEFACT, together with these general terms and conditions of sale.
This Order Confirmation constitutes the formation of the contract concluded at a distance between the Customer and ARTEFACT.
Article 5 – Price
The price of each Product is indicated on the website https://pc-gamer.tech/ in euros, including all taxes (value added tax and any other taxes applicable on the date of the order), but excluding delivery costs, which are indicated separately.
ARTEFACT reserves the right to change the price of each Product at any time. The applicable pricing conditions shall be those in force on the https://pc-gamer.tech/ website on the date of the order.
Article 6 – Payment conditions
The payment of the totality of the price is made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment. Payment for all Products is made in euros.
6.1 Cash payment
ARTEFACT offers the Customer several methods of payment:
Payment by bank card (CB, Visa, MasterCard, AMERICAN EXPRESS) on the secure payment platform of the secure payment provider MONETICO
Payment by PAYPAL. To proceed with the payment with Paypal, the Customer will be redirected to the PAYPAL platform and will have to accept the general conditions of use of PayPal.
Payment by bank transfer. The Seller’s bank details are communicated to the Customer in the order confirmation e-mail sent to the Customer in accordance with Article 3 of these General Terms of Sale. The sale is only considered final after bank confirmation of the receipt of the funds in the Seller’s account.
For orders by e-mail or telephone, payment must be made by bank transfer or PAYPAL. Exceptionally, only on the Customer’s express request, remote payment may be made by credit card by telephone.
6.2 Financing solutions for payment in 3 or 4 times
For all orders over €100.00 and up to €2,000.00, the Customer may subscribe to a payment in 3 or 4 instalments with the partner company COFIDIS.
After completing the order, the customer may select the “COFIDIS 3 times bank card” solution or the “COFIDIS 4 times bank card” solution.
After accepting these General Terms and Conditions of Sale, the Customer will be redirected to the web page of the COFIDIS partner displaying the total amount of the financing request, including the amount of the order, the costs relating to the financing and the amount of the monthly instalments corresponding to the chosen financing request.
The Client must read the General Terms and Conditions of Sale of COFIDIS on the partner’s website before validating any financing request.
Article 7 – Delivery
7.1 Place of delivery
Delivery may take place at the address indicated by the Customer or in a shop.
When the delivery takes place in a shop, the Customer is required to check the condition of the products delivered. When the Product is packaged, the Customer has a period of 24 hours from the date of delivery to express any reservations or claims concerning the apparent defect of the Products delivered (e.g. damaged package, already opened, etc.), by e-mail with acknowledgement of receipt, with all the relevant supporting documents (in particular photos). After this period and if these formalities have not been complied with, the Products shall be free of any apparent defect and no claim may be validly accepted by ARTEFACT.
When delivery is made to the address provided by the Customer, the Customer is solely responsible for the accuracy of the information provided when placing the order (surname, first name, contact details, delivery address, etc.) and for the consequences thereof (delay, impossibility or error in delivery, etc.). In the event of an error or inaccuracy, all costs incurred by ARTEFACT, in particular for the reshipment of the Product, shall be borne entirely by the Customer.
7.2 Costs
Delivery costs are calculated separately on the site when the order is placed.
7.3 Delivery times
The Products are shipped within 10 working days after receipt of the order and its full payment. This period may exceptionally be extended due to problems of availability of the material at the suppliers. The Customer will then be informed by e-mail.
7.4 Delivery times
Delivery is carried out by an independent carrier.
When this service is offered by the carrier, ARTEFACT requires hand delivery with a signature.
Delivery times are those indicated by the carrier and generally vary between 1 and 7 working days for deliveries in France.
For deliveries abroad, please refer to the carrier’s website.
As soon as the Products are handed over to the carrier, the Customer receives a tracking number which allows him to follow the parcel on the carrier’s website until delivery.
7.5 Acceptance procedure
Upon receipt of the product delivered by the carrier, the Customer must :
Check that the number of parcels corresponds to the number indicated on the shipping documents or his online customer area.
Check that the packaging of each package is complete, undamaged, dry and unopened and that the adhesive tapes are intact.
Check the contents of the package(s) (number of Products, general condition of the Products).
In the event of an apparent anomaly, the Customer or the recipient must
To write on the transport note precise and characterized reserves, concerning the state of the Product(s) received, and to refuse the Products received.
To keep a copy of the transport voucher.
Immediately inform ARTEFACT of the refusal of the Product(s) within 24 hours at the latest, in writing (registered letter with acknowledgement of receipt, e-mail, fax), with all the relevant supporting documents (copy of the delivery note with reservations, photographs, etc.)
To confirm its reservations by registered letter with acknowledgement of receipt to be sent to the carrier no later than three (3) days after delivery.
ARTEFACT draws the Customer’s attention to the formulation of reservations, which must be precise, detailed, exhaustive and characterised. General reservations such as “subject to unpacking” or “subject to verification” have no legal value.
Receipt of the Products without reservation extinguishes any right of action against the carrier.
Article 8 – Transfer of ownership – Transfer of risks
8.1 Transfer of ownership
The transfer of ownership of the Seller’s Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products.
8.2 Transfer of risks
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be realised at the moment when the Customer takes physical possession of the Products.
Article 9 – Right of withdrawal
In accordance with the provisions of articles L 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to give any reason or pay any penalty.
If the order is for several goods delivered separately or for a good composed of multiple lots or parts whose delivery is staggered, the period begins upon receipt :
the last good or batch,
or of the last piece.
If the contract provides for the regular delivery of goods over a defined period of time, the period shall begin on receipt of the first good.
The day of the starting point is not counted. The countdown of this period starts on the next day at 0.00 and ends on the 14th day at midnight. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The right of withdrawal may be exercised using the withdrawal form attached to these General Terms and Conditions of Sale or by any other unambiguous statement expressing the wish to withdraw and sent by registered post with acknowledgement of receipt to the Seller.
The Products must be returned in their original packaging, complete (accessories, instructions) and in perfect condition within 14 days at the latest following notification to the Seller of the Customer’s decision to withdraw.
Damaged, soiled or incomplete Products are not accepted.
Reimbursement shall be made by bank cheque made out to the customer who placed the order and sent to the invoicing address within 14 days at the latest from the date of notification to the Seller of the decision to withdraw.
The return costs are and remain entirely at the expense of the Customer. ARTEFACT shall not bear any return costs, in whole or in part. ARTEFACT may refuse to accept any return that would require the Seller to bear any costs relating to the return of one or more Products.
Products created to measure or according to the Customer’s specifications or clearly personalised products whose manufacture requires special adaptations to meet very precise technical and aesthetic requirements are excluded from any right of withdrawal.
Consumer information:
Article L. 221-18 of the Consumer Code:
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an Order for several goods delivered separately or in the case of an Order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from the time of receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods over a defined period, the time limit shall run from receipt of the first good.
Article L.221-19 of the Consumer Code
In accordance with Council Regulation No. 1182/71/EEC of 3 June 1971 determining the rules applicable to time limits, dates and terms:1° The day on which the contract is concluded or the day on which the goods are received is not counted in the time limit mentioned in Article L.221-18;
2° The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
3° If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Article L.221-20 of the Consumer Code
Where the information on the right of withdrawal has not been provided to the consumer under the conditions laid down in 2° of Article L. 221-5, the withdrawal period shall be extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18.
However, where the provision of this information occurs during this extension, the withdrawal period shall expire at the end of a period of fourteen days from the day on which the consumer received this information.
Article 10 – Seller’s liability – Guarantees
10.1 Legal guarantees
The Products supplied to the Customer by ARTEFACT are covered by law and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
These guarantees apply independently of the Seller’s commercial guarantee
Guarantee of conformity
In accordance with Article L217-4 et seq. of the Consumer Code reproduced below, ARTEFACT must deliver a Product that complies with the Contract, i.e. that corresponds to its description and to the use usually expected for a similar product. It shall be liable for any defects in conformity that exist when the Product is delivered to the Customer.
For new Products, ARTEFACT guarantees defects in conformity that appear within two years of delivery of the goods sold and that existed on the day of delivery.
In the case of reconditioned Products, ARTEFACT guarantees defects in conformity that appear within six months of delivery and that exist on the date of delivery.
The Customer must notify ARTEFACT in writing as soon as possible, either by e-mail with acknowledgement of receipt (it is the Customer’s responsibility to provide proof of receipt of the e-mail and to keep this proof) or by registered mail with acknowledgement of receipt, of the non-conformity of the Products, or bring the defective Products to the shop in the condition in which they were received, with all the elements (accessories, packaging, instructions, etc.).
ARTEFACT shall replace or repair the defective Products or parts, unless replacement or repair proves impossible. In this case, ARTEFACT shall refund the purchase price in return for the return of the Products, or if the Customer wishes to keep the Product, to refund part of the price.
The price shall be refunded by bank cheque made out to the customer who placed the order and sent to the billing address.
The cost of returning the Product shall be reimbursed by ARTEFACT on presentation of the supporting documents by the Customer.
Reimbursements for Products that are deemed to be non-compliant or defective shall be made as soon as possible and at the latest within 14 days of receipt by ARTEFACT of the non-compliant Products.
The Customer has a period of two years in which to take action against ARTEFACT.
Consumer information:
Article L217-4
ARTEFACT shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility under the contract or was carried out under its responsibility.
Article L217-5
The goods are in conformity with the contract
1° If it is fit for the purpose usually expected of similar goods and, where applicable
– if it corresponds to the description given by ARTEFACT and has the qualities that the latter presented to the buyer in the form of a sample or model;
– whether it has the qualities that a buyer may legitimately expect, having regard to the public statements made by ARTEFACT, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6
ARTEFACT is not bound by the public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7
Defects of conformity that appear within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. ARTEFACT may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.
Article L217-8
The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L217-9
In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, ARTEFACT may not proceed according to the purchaser’s choice if this choice would result in a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10
If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L217-12
Action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-13
The provisions of this section shall not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law.
Article L217-14
ARTEFACT final may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Guarantee for hidden defects
ARTEFACT guarantees the Customer for hidden defects in the Products sold that make them unsuitable for their intended use, or that reduce this use to such an extent that the Customer would not have purchased them, or would have paid a lower price for them, if he had known about them.
To be able to implement the guarantee, the defect must :
be inherent to the Product, i.e. it cannot come from external elements
make the product unfit for the normal use that can be expected of it
hidden, i.e. not apparent at the time of purchase
be prior to the sale
It is up to the Customer to establish proof of the defect and its characteristics.
The Customer must send his complaint to the seller by registered mail with acknowledgement of receipt accompanied by the invoice, the delivery note and any element justifying the existence of the defect as soon as it appears.
If the existence of a hidden defect is proven, the Customer shall have the option of returning the goods sold and being reimbursed for the sale price and the costs incurred by the sale, or keeping the goods sold and being reimbursed for part of the price.
The warranty action must be brought within two years of the discovery of the defect, and at the latest five years from the date of sale.
Consumer information
Article 1641 of the Civil Code: ARTEFACT is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, if he had known about them.
Article 1642 of the Civil Code
ARTEFACT shall not be liable for apparent defects of which the buyer has been able to convince himself.
Article 1644 of the Civil Code:
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
10.2 Contractual warranty
In addition to the legal guarantee, all Products sold on the Seller’s website https://pc-gamer.tech/ are guaranteed against manufacturing and material defects for a period of six (6) months from delivery.
In the event of a breakdown, the Customer must return the Product to the Seller together with a copy of the invoice and a description and history of the problems encountered.
The Product will be checked by the Seller’s technical department. Defective parts will be replaced either by new equipment or by second-hand equipment, depending on the original condition of the parts and the state of stocks.
The Seller’s Contractual Guarantee therefore covers parts and labour.
All costs relating to the return of the product shall be borne by the Customer.
10.3 Manufacturer’s warranty
Where applicable, the Products sold on the Seller’s website https://pc-gamer.tech/ are also covered by a commercial manufacturer’s warranty.
The Customer must then refer to the conditions and exclusions of the manufacturer’s warranty that may be provided in the packaging of the said Product.
10.4 Warranty exclusions – limitation
The following are excluded from the legal warranty and the seller’s contractual warranty
Defects or failures resulting from the natural wear and tear of the Product,
Defects or failures resulting from the improper use of the Product by the Customer,
Defects or failures resulting from the Customer’s negligence or lack of maintenance,
Defects or failures resulting from the Customer’s modification of the Product,
Defects or failures resulting from additions made by the Customer,
Defects or failures due to an external cause such as accidents, shocks, contact with liquids, lightning, electrical current variations and overloads, computer viruses etc.
Defects or failures due to the intervention of a third party on the Product,
Defects or failures that originate in material supplied by the Customer,
Defects of which the Customer was aware or could not have been unaware,
Defects which were apparent at the time of sale and which the Customer could have seen for himself.
The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of the Products, or of the components of the Product, which are defective, non-conforming or affected by a defect, to the exclusion of any indirect or immaterial damage.
Article 11 – Force Majeure
The Parties shall in no way be liable to each other if the total or partial non-performance or delay in the performance of any of their obligations, as described in these general terms and conditions of sale, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code and the case law at the time of the occurrence of the facts.
In addition to the events usually considered by French jurisprudence as cases of Force Majeure, the Parties agree that will also be considered as a case of Force Majeure, excluding financial difficulties, any unforeseeable, irresistible event outside the control of the Parties such as total or partial strikes, internal or external to the company, or other labour or industrial disputes, accidents, fires, explosions, storms, earthquakes, floods, climatic or sanitary conditions preventing or disrupting work as well as the transport of people, goods and services, epidemics, attacks, wars, civil unrest, riots, sabotage, telecommunications blockages, changes in laws and regulations applicable to the supply of the Product(s), acts of European, national or local authorities, or court decisions or future decisions (legal or otherwise) of a legally constituted body, or decision or fact only of the incumbent telecommunication operator, Internet service provider, energy supplier, materials supplier or manufacturer of the Material.
Article 12 – Enforcement
As an express derogation to the provisions of Article 1222 of the Civil Code, in the event of a failure by either of the Parties to fulfil its obligations, the Party suffering the failure may not itself have the obligation performed by a third party, at the expense of the defaulting Party.
Article 13 – Protection of personal data
13.1 Commitment
ARTEFACT undertakes to comply with the legal and regulatory provisions in force relating to information technology, files and freedoms, in particular Law n°78-17 of 6 January 1978 amended by Law n°2004-801 of 6 August 2004, as well as Regulation EC 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and transposed into French law by Law n°2018-493 of 20 June 2018.
13.2 Nature of the data collected
In the context of the contract governed by these General Terms and Conditions of Sale, ARTEFACT shall collect the Customer’s personal data, namely:
Contact information: surname, first name, telephone number, e-mail;
Connection and identification data;
Economic and financial data: billing data, bank data, payment history;
The collection of this data is limited to the data strictly necessary for the proper execution of the contract.
13.3 Accessibility of data
The data is accessible only to authorised Seller personnel and to subcontractors accredited by ARTEFACT. It is specified that, in the context of the performance of their services, subcontractors’ access to the Customer’s data is limited to the data that is strictly necessary for the performance of their services and that the latter have a contractual obligation to use this data in accordance with the provisions of the applicable legislation on the protection of personal data.
Personal data will not be passed on to third parties under any circumstances, unless required to do so by judicial authority, national law, EU law or the law of a Member State.
13.4 Data retention
Data specifically related to contacts are kept for a maximum period of thirty-six (36) months after the end of the contract.
Billing data shall be retained after the end of the contract for the entire legal and regulatory period in order for ARTEFACT to fulfil its obligations under the law or regulations.
13.5 Rights to data
The Client has the right to access, rectify, delete and erase its data. They also have the right to object to the processing, to request a limitation of the processing and to obtain the portability of their personal data. They may issue directives on the conservation, deletion or communication of their data after their death.
13.6 Implementation of these rights
Any request concerning Personal Data should be addressed to [email protected]. A reply will be sent to the person concerned within a maximum of thirty (30) days from receipt of the request.
13.7 Recourse
The Customer may lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with obligations relating to personal data on French territory.
13.8 Data security
ARTEFACT shall implement technical and organisational means to guarantee a level of security appropriate to the risk to the confidentiality of personal data processed in the performance of this contract.
Article 14 – Right to be registered on the opposition list for telephone canvassing
In accordance with Article L 223-2 of the French Consumer Code, the Customer is informed of his right to register on the list of opposition to telephone canvassing provided for in Article L 223-1 of the Consumer Code.
Article 15 – Modification – Revision
ARTEFACT may update the terms of these General Terms and Conditions of Sale in order to take account of any legislative, legal and/or technical developments.
The General Terms and Conditions of Sale applicable are those in force at the time of the order.
Article 16 – Partial invalidity
The invalidity or inapplicability of any of the provisions of these General Terms and Conditions of Sale shall not invalidate the other stipulations, which shall retain their full force and scope.
However, the parties may by mutual agreement agree to replace the invalidated stipulation(s) with a valid stipulation(s) that comes closest to the original intention.
Article 17 – Non-Waiver
The failure to exercise any right under this Agreement shall not constitute a waiver of that or any other right and no partial exercise of any right under this Agreement shall preclude the future exercise of that or any other right.
Article 18 – Applicable Law
These General Terms and Conditions of Sale are governed by French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 19 – Disputes
19.1 Amicable treatment
Prior to any legal recourse and any referral to the mediator, the Parties shall endeavour to resolve their disputes amicably and any legal action must therefore be preceded by an attempt to resolve the said dispute.
The Customer shall send his complaint to the Seller by registered mail with acknowledgement of receipt.
If at the end of a period of thirty (30) days the Parties are unable to agree on a compromise or a solution, the dispute will then be submitted to the jurisdiction of the courts designated below.
19.2 Mediation
The Customer may, if he so wishes, have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and the Seller.
However, it is specified that a dispute may only be examined by a consumer mediator when :
– The Customer justifies having previously attempted to resolve the dispute directly with the Service Provider by means of a written complaint sent by registered mail with acknowledgement of receipt to the Service Provider,
– The Customer’s request is not unfounded or manifestly abusive,
– The dispute has not been previously examined, or is still being examined, by another mediator or by a Court,
– The Customer refers the matter to the mediator within one year of his written complaint to the Service Provider,
– The dispute falls within the jurisdiction of the mediator.
The parties remain free not to have recourse to the consumer mediator, to leave the mediation process at any time and to bring the matter before any competent court under the conditions of common law.
The mediator: https://www.cm2c.net/ CM2C
14 rue Saint Jean
75017 Paris
TELEPHONE: 06 09 20 48 86
19.3 Jurisdiction
Any disputes to which the contracts concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, resolution, consequences and consequences, and which could not be resolved amicably between ARTEFACT and the Customer, shall be submitted to the competent courts under the conditions of common law.
Article 20 – Pre-contractual information – Acceptance by the Client
The Customer acknowledges that, prior to placing an order and concluding the contract, he has been provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L.221-5 of the Consumer Code and, in particular, the following information
– The essential characteristics of the Products;
– The price of the Products and related costs (e.g. delivery);
– In the absence of immediate execution of the contract, the date or the deadline by which the Service Provider undertakes to supply the Products ordered;
– Information on the identity of the seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
– Information relating to legal and contractual guarantees and their implementation procedures;
– The functionalities of the digital content and, where appropriate, its interoperability;
– The possibility of resorting to conventional mediation in the event of a dispute.
The fact that a person orders Products implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.