TERMS OF SALES
TERMS OF SALES
ARTICLE 1: OBJECT
The purpose of these General Conditions of Sale (hereinafter “General Conditions”) is to govern the contractual relations between HESTIA, a limited liability company with share capital of 4,060.00 euros, registered in the Trade and Companies Register of Meaux under number 527 506 232, owner of the ARTESLONGA trademark (www.arteslonga.com), whose registered office is located at 47, rue des Marais, 77260 Sainte Aulde (hereinafter referred to as "HESTIA") whose activity consists in the marketing and delivery, through its online sales platform www.arteslonga.com, of old and vintage furniture, unique pieces of art and artistic crafts, costume jewelry, contemporary furniture and design, custom-made furniture, lighting, curiosities and decorative accessories (hereinafter the "Products"), and its customers, legal persons from the private or public sector c located in France or outside France (hereinafter the “Client” or the “Clients”) within the framework of the services provided by HESTIA.
ARTICLE 2 - PRELIMINARY
The products offered by HESTIA on its online sales platform www.arteslonga.com are exceptional products. These furnishing and interior and exterior decoration products for the house are divided into four major collections:
1 - Old and second-hand home furnishings and interior and exterior decoration items that include rare and unique items, flea markets or antiques,
2 - Furnishing products and interior and exterior decoration items for the current production house, produced in series or in a traditional way in a limited series,
3 - Home furnishing and interior and exterior decoration products made to measure by craftsmen (examples: dining tables, seats, consoles, shelves, etc.).
4 - Unique pieces of art and crafts.
Old products are sold in original state after renovation in the workshop.
The sale in the state of old and used products implies, on the part of the Customer, the acceptance and full knowledge of the wear of the product, its age and its fragility, which also make it its value and its singularity.
ARTICLE 3 - PRODUCTS
The products are presented in accordance with the applicable regulations, and through its online sales platform www.arteslonga.com, HESTIA mentions the essential characteristics of each product.
The photographs, colors and shapes are represented to recreate as accurately as possible the reality of each product and to reveal the uniqueness, the details that make the nobility, beauty and authenticity of the products offered by HESTIA.
The products presented through the online sales platform www.arteslonga.com and identified as being sold online, are offered subject to availability.
Regarding the old products presented on the online sales platform www.arteslonga.com and identified as offered for sale are unique products. These products cannot therefore be exchanged or replaced.
The other products are offered while stocks last.
If the product is unavailable, HESTIA undertakes to inform the Customer as soon as possible.
Products made to measure and / or highly personalized.
HESTIA offers furniture goods on its online sales platform www.arteslonga.com (examples: dining tables, side tables, seats, storage furniture, etc.):
- custom-made and handcrafted and whose production is launched only and exclusively on order,
- highly personalized (upholstery fabric for armchair, chairs, sofas) and handcrafted, the production of which is launched only and exclusively on order.
Thus, the Customer can directly order the item made to measure or personalized by artisanal production as presented and described on the online sales platform www.arteslonga.com or give his Good For Agreement with signature after receipt of a personalized quote within 24/48 hours after a written request from the Customer. The Agreement Voucher accompanied by the Client's signature implies full acceptance of these General Conditions.
ARTICLE 4 - APPLICATION OF GENERAL CONDITIONS - OBJECTIVITY
The General Conditions constitute the basis of the commercial negotiation and are communicated to the Customer, at his request, in accordance with the provisions of article L.441-7 of the Commercial Code.
The General Conditions prevail over the general conditions of purchase and / or the purchase orders issued by the Customer, unless formal and written acceptance emanating from a duly authorized representative of HESTIA.
Any contrary condition opposed by the Customer will, therefore, failing express acceptance, unenforceable against HESTIA, regardless of when it may have been brought to its attention.
The General Conditions apply to public contracts awarded by HESTIA and constitute an element of the offer known and accepted by the Client, as the contracting authority.
The fact that HESTIA does not avail itself at any given time of any of the stipulations of the General Conditions cannot be interpreted by the Client as being worth renunciation to avail itself later of any of said stipulations of the General Conditions.
Similarly, the nullity of a clause of the General Conditions cannot lead to the nullity of the General Conditions as a whole.
HESTIA may modify the General Conditions at any time without notice. Any modification cannot affect orders already accepted or executed.
ARTICLE 5 - ORDER
5.1 Order taking
The Customer places an order under his own and sole responsibility, according to his needs as he has determined them, and alone has his choice on the Products which are the subject of his order.
The benefit of the order is personal to the Customer and cannot be transferred to a third party without the prior written consent of HESTIA.
5.2 Modification of the order
Any request for modification or cancellation of an order by the Customer must be sent in writing, and will not take effect until its acceptance by HESTIA.
Any total or partial cancellation of an order by the Customer, will result in the Customer being responsible for paying the costs already incurred by HESTIA.
If the Customer wishes to cancel an order for which the Products have already been ordered from the manufacturers, HESTIA reserves the right to invoice the entire order.
The Customer may not request the cancellation of an order for products the manufacture of which is made to measure or carried out exclusively on order in accordance with article L 221–28 of the Consumer Code which rules out the possibility for the Customer to avail themselves of his right of withdrawal. HESTIA reserves the right to invoice the entire order.
5.3 Confirmation of orders
HESTIA reserves the right to refuse to deal with Customers who do not have sufficient creditworthiness. HESTIA may request, if it deems it useful, payment guarantees from the Client; in the absence of such guarantees, HESTIA would then be released from its commitments.
HESTIA can also refuse any order which does not correspond to its references.
5.4 Adherence to the General Conditions
Any order placed by a Customer automatically constitutes acceptance of the General Conditions.
ARTICLE 6 - PRICES - PAYMENT TERMS - INVOICING
The prices of the Products indicated to the Customer are generally expressed in Euros and indicated without taxes (HT). They will be invoiced HT or all taxes included (TTC) according to the type of old products (VAT regime of the margin on the old - article 297 A of the CGI and community directive 2006/112 / CE) or new, the type of transaction envisaged and depending on whether the Customer is subject to VAT or not. HESTIA reserves the right to modify prices at any time, and in particular the prices appearing in the HESTIA catalog.
6.2 Payment terms
Unless otherwise agreed in writing and accepted by HESTIA, all payments are made in cash.
If payment is made on delivery of products, in the event of late payment, the Customer will pay HESTIA the legal flat-rate compensation for recovery costs in the amount of 40 euros, in application of article L.441 -6 of the Commercial Code, without prior formality.
In addition, any delay in payment will, as of right and without prior notice, entail payment by the Client of late payment interest equal to the REFI rate of the European Central Bank, increased by 10 points. This interest will be due for the period between the date on which payment is due and the date of full payment of amounts due
HESTIA reserves the right to suspend all orders, whatever their nature and level of execution, in the event of non-payment by the due date of any sum due by the Customer.
ARTICLE 7 - TRANSPORT - DELIVERIES - RECEPTION
7.1 Transport - Transfer of risks
The costs and all risks relating to the transport of the Products are borne by the Customer, including the risks of loss, damage, deterioration, destruction or theft.
HESTIA may, at the express request of the Customer and at the latter's expense, take out insurance for the transport of Products.
This does not preclude the transfer to the Customer, at the time of receipt by him, or by a third party designated by him other than the transporter, of the risks of loss or damage to the Products subject to the retention of title, as well as risks of damage that they may cause.
7.2 Terms of delivery
The unloading of the goods is carried out by the recipient of the goods under his responsibility.
Deliveries are made subject to availability. If the Customer refuses or does not take delivery of the Products ordered and delivered, HESTIA would be entitled to demand full payment for the Products and the Customer must assume, in addition to the price invoiced, all additional costs, resulting from the refusal or defect Delivery.
7.3 Delivery times
Delivery times only start to run from the date of final acceptance by HESTIA of the Customer's order.
The delivery times indicated by the Customer and in accordance with commercial practice remain, in any event, a function of HESTIA's supply possibilities. Exceeding delivery times cannot give rise to damages, retention or cancellation of orders in progress. In view of the above, HESTIA is released from the obligation to deliver, and more generally from its obligations, and cannot be held responsible for delays in delivery or direct and / or indirect damage that would result as a result, a A fortiori, the occurrence of any fortuitous event or force majeure, or any other circumstance having an external cause and preventing it, directly or through its suppliers, from meeting its obligation.
Exceptional situation linked to the COVID-19 pandemic: any written request for a refund for an order that could not have been delivered before confinement decreed by the French government cannot be reimbursed but by credit.
The Customer must carry out, upon delivery of the Products, any inspection and verification necessary to enable him to ensure that they comply with his order, and that their condition is satisfactory.
He must make, if necessary, by registered letter with request for acknowledgment of receipt (LRAR), the necessary reservations with regard to the carrier within three (3) days following the date of delivery of the Products in accordance with the provisions of article L.133-3 of the Commercial Code with a copy of said letter to HESTIA also sent by LRAR.
However, if, given the nature of the Product, the defect cannot be discovered during the inspection referred to above, the complaint must be sent in the same form within eight (8) days of the discovery of said default. In the absence of such complaints, the Products are considered to be delivered in good condition, and the Customer is presumed to have renounced all complaints and cannot claim any apparent defects and defects in the Products.
Old products which are unique products and therefore cannot be exchanged or replaced.
It will be up to the Customer to provide any justification as to the reality of the defects or anomalies noted. He will have to leave to HESTIA any facility to proceed to the observation of these defects and to remedy them
7.5. Returns of goods
Except in the case of fault or error attributable to HESTIA, no return of goods will be accepted without the prior written agreement of HESTIA materialized by a return slip
When exceptionally, we accept returns of goods, they must always be made carriage paid to us within 8 days of the date of our agreement and be made on our premises (ARTESLONGA warehouse - 8, avenue du Chemin Vert - 77730 Saacy sur Marne) accompanied by the return slip. Returned goods are only credited after acceptance and receipt in our store. They only give rise to a credit note if they reach us in the state in which we have provided them to you. The credit note will be established on the basis of 80% of the amount of the invoicing of the goods. In addition, if deterioration is found, the repair costs will be deducted from our assets.
ARTICLE 8 - RETENTION OF TITLE
The Products delivered to Customers remain the exclusive property of HESTIA until full payment of the main price, fees and taxes included.
This is why, the Customer is prohibited from reselling, renting and giving as a guarantee, all or part of the Products before full payment of the amounts due to HESTIA.
If the Client is subject to bankruptcy or liquidation proceedings, the Client agrees to immediately inform HESTIA so that it can exercise its recourse in claim.
This clause does not prevent the risks linked to the Products from being transferred to the Customer upon delivery of the said Product. From delivery, the Customer is the depositary and custodian of said Products.
In the case of non-payment of an invoice, HESTIA reserves the right to consider the sale as resolved for fault, after formal notice remained unsuccessful within fifteen (15) days and to claim the Products delivered, the return costs remaining payable by the Client and the payments made being acquired by HESTIA as a penalty clause. It is expressly agreed that HESTIA may implement this clause regardless of the unpaid invoice, on all of the Products in the possession of the Customer.
ARTICLE 9 - LEGAL GUARANTEE
The Products benefit from the legal guarantee against any defect or hidden defect, within the meaning given by French law to this guarantee, which would affect the products.
In the event of a hidden defect, the Customer could exercise the actions recognized by law and the courts to the buyer of a thing affected by a hidden defect.
To implement the guarantee, the Customer must first contact HESTIA customer service. The Customer must return the Products accompanied by their sales invoice, which acts as a warranty card.
The HESTIA warranty does not apply in the event of defects and deterioration caused by natural wear and tear and to furniture made of solid wood that can swell or shrink naturally due to changes in temperature and humidity because it is a hygroscopic material, which means that it naturally absorbs and releases water (moisture) to balance its internal moisture content with the surrounding environment. Shrinkage or swelling can occur in solid wood due to changes in humidity and temperature. This can eventually lead to cracks. This natural characteristic is inseparable from a solid wood product and cannot be considered a defect.
HESTIA's warranty does not apply in the event of apparent defects, defects and deterioration caused by natural wear and tear, an external accident or when the alleged defect originates from a false operation, negligence, modification of the Product. not foreseen or specified, improper use, improper repair or test carried out by the Customer.
ARTICLE 10 - PERSONAL DATA
HESTIA collects personal data concerning Customers, in compliance with the provisions of Law 78-17 Information Technology and Liberties of January 6, 1978 (amended). The data collected by HESTIA is used to process orders placed, manage the Customer's account and analyze orders.
Customer data is kept by HESTIA in accordance with its declaration made to the CNIL.
The data may be communicated, in whole or in part, to HESTIA service providers involved in the order, payment or delivery process.
The Customer has a right of access, rectification, opposition and deletion of his personal data. He can exercise this right by sending a letter to HESTIA, 47 rue des Marais, 77260 Sainte Aulde.
ARTICLE 11 - FORCE MAJEURE
Force majeure as defined by article 1218 of the French Civil Code will suspend the obligations provided for in the General Conditions. If the cases of force majeure have a duration of existence greater than one month, said obligations will be terminated automatically
ARTICLE 12 - LAW AND ATTRIBUTION OF JURISDICTION
The General Conditions are subject to French law.
Prior to any legal action, the parties undertake to negotiate, in a spirit of loyalty and good faith, an amicable agreement in the event of any conflict relating to the interpretation and execution of the General Conditions, including relating to its validity.
In the event of a conflict, in the absence of an amicable agreement, express jurisdiction is attributed to the competent courts within the jurisdiction of the Meaux Court of Appeal.