Article 1: Scope and Modification of the General Terms and Conditions of Sale
These general terms and conditions of sale apply to all orders placed on the website www.Artistika.fr
Artistika® reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the general terms and conditions of sale in effect on the day of the order will apply to each order.
Article 2: Product Availability
Our product offers and prices are valid as long as they are visible on the site, within the limits of available stock. Upon receipt of your order, we verify the availability of the ordered product(s). In case of unavailability, we commit within 30 days from the validation of the order either to deliver the ordered product, to offer you a similar product at a similar price, or to refund you. To properly process your request, please provide us with your order number and your complete contact details.
Article 3: Orders
Automatic recording systems are considered proof of the nature and content of the order. Artistika® confirms acceptance of the order to the client at the email address provided by the client. The sale will be concluded upon validation by Artistika® of the payment of the order, that is to say the date of payment validation for orders paid online by credit card. Artistika® reserves in any case the right to refuse or cancel any order from a client with whom there is a dispute regarding payment of a previous order.
Article 4: Prices
Prices indicated in euros are net, excluding shipping costs. This price includes the price of the products, handling, packaging, and storage fees. Prices are subject to change at any time without notice, knowing that items will be invoiced based on the price in effect at the time the order is recorded. All orders are invoiced and payable in euros. Any customs duties or local taxes remain the responsibility of the recipient.
Article 5: Payment Methods and Security
You can make payment:
By credit card (VISA, MASTERCARD or AMERICAN EXPRESS):
Payment is made on the secure banking servers of our partner. This means that no banking information concerning you passes through the website of Artistika.fr. Payment by credit card is therefore fully secure; your order will be recorded and validated as soon as payment is accepted by the bank you have chosen.
Security:
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never transit in clear text over the network. Payment is made directly with the bank. Artistika.fr has no access to these details and does not store them on its servers. That is why they are requested again for each new transaction on our site.
Retention of Title Clause:
The products remain the property of Artistika.fr until full payment of the order by Artistika.fr. However, from the moment the order is received by the customer, the risks of the delivered goods transfer to the customer.
Payment Default
Artistika.fr reserves the right to refuse delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
Anti-Fraud Controls
Artistika.fr monitors all orders validated on its site. These controls aim to protect Artistika.fr from abusive practices by fraudsters. As part of these procedures, our services may ask you to provide all necessary documents to unblock your order: proof of residence and debit in your name, etc... These requests are made by email and phone call. Artistika.fr reserves the right not to ship the merchandise if the requested documents are not received by Artistika®. Documents must be sent either by email or postal mail.
Card Declined
In the case of payment by credit card, two cases are observed of figures:
1. the payment is accepted, the order proceeds
2. the payment is refused:
o either the payment is blocked by the interbank network network, the customer is then notified by email and the order is automatically put on hold. The customer must then contact Artistika to change the payment method.
o The products remain the property of Artistika.fr until full payment of the order is received by Artistika.fr. However, from the moment the customer receives the order, the risks of the delivered goods are transferred to the customer.
Article 6: Payment Security
> Securing transactions (SSL encryption)
Payment by credit card is handled by STRIPE, recognized for its reliability in online transactions. The transaction between you and STRIPE is encrypted (SSL). The banking information you provide, encrypted on your own computer, will never be transmitted in clear text over the Internet.
For more information, please visit the site https://stripe.com.
Article 7: Delivery Terms and Delivery Times
General Information
Products are delivered to the delivery address you provided during the ordering process. Under Article L. 221-15 of the Consumer Code, if the address is incorrect and the package is lost, the responsibility for the loss as well as the cost thereof lies with the person who provided the said address.
Incorrect Address, Incorrect or Incomplete Name
It is the customer's responsibility to provide accurate and complete information when ordering, including the delivery address and recipient's name.
In case of loss, delay, or non-delivery of an order resulting from an error, omission, or inaccuracy in the information provided by the customer, Artistika® disclaims all liability. No refund, replacement, or free reshipment can be demanded under these circumstances.
In case of return of the package due to incorrect address, additional reshipment fees will be charged to the customer.
Fees
Preparation and shipping fees for the order are completely free for purchases over €40.
Delivery Times
The indicated times are average times and correspond to the processing, preparation, and shipping times of your order (warehouse dispatch). To this time, the carrier's delivery time must be added. The announced delivery time of 10 to 20 days applies from the receipt by the buyer of the order delivery email. The delivery time (announced by the carrier) does not bind Artistika® to a longer delay.
Article 8: Returns
If products need to be returned to us, a return request must be made to our customer service within 14 days following delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted if the products are in their original condition. If at the time of delivery the original packaging is damaged, torn, or opened, you must then check the condition of the items. If they have been damaged, you must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
Does not reside at the indicated address
If a package is returned with the reason given by La Poste as "NPAI" (address not found), Artistika® is entitled to request additional shipping fees if:
• the address was incorrectly entered by the customer on the order form
• the address entered by the customer on the order form is incorrect or incomplete
However, Artistika will open an investigation for "abusive return" and will resend the package without requesting additional fees if the carrier is found at fault.
Unclaimed Package
If a package is returned to us with the reason "Unclaimed", Artistika is entitled to request additional shipping fees for resending the package.
WARNING: in case of return of a package UNCLAIMED at Artistika.fr for more than 15 days (i.e., 30 days total between the 15-day postal return period and 15 days of storage return at Artistika), the order can no longer be canceled or refunded.
Lost Package
In case of delivery dispute, Artistika.fr reserves the right to request an identity document including the customer's signature and/or the signature of the person residing at the delivery address and/or the person who may have received the package. In case of refusal, Artistika.fr will not proceed with any refund or product exchange.
False or incorrect address
In case of provision of an incorrect or incomplete address by the customer, we disclaim all responsibility for the loss of the package or its non-delivery.
No refund or compensation will be granted under such circumstances. It is the customer's responsibility to ensure that the address provided at the time of order is accurate and complete to guarantee proper receipt of their package.
Claim (deadlines)
Each order is followed by the sending of a shipping confirmation email as well as a shipping notification accessible in the customer account. No claim for non-receipt, lost, or damaged packages will be accepted beyond 30 days after the shipping date of the order.
A claim can be made by contacting us here.
Good Faith Clause
Artistika commits to informing the customer of the delivery of their order:
• via an automatic email sent (to the email address provided at the time of the order).
• via the opening and management of any dispute files with carriers
It is in good faith that the customer uses these services to know the delivery status of their order. A customer claim not made within the use of these services within 30 days after the order shipment will not be eligible for refund nor even for the opening of a file with Artistika.
Delivery outside the zone and customs duty.
All our prices are exclusive of customs fees. Outside the European Union, customs duties may be charged by the destination country of the order. These fees are always borne by the recipient and cannot be calculated in advance by Artistika. These fees are collected by the customs of the destination country and not by Artistika. Please contact the customs service of your national territory for any questions on this subject.
All this information is available in our FAQ.
Article 8: Responsibilities
• Artistika.fr cannot be held responsible for non-execution of the contract due to force majeure, or in case of total or partial strike of postal services, carriers, and disasters caused by floods or fires.
• The choice and purchase of a product or service are under the sole responsibility of the customer. Total or partial inability to use the products, notably due to equipment incompatibility, cannot give rise to any compensation, refund, or liability claim against Artistika.fr, except in the case of proven hidden defects, non-conformity, defects, or exercise of the right of withdrawal as provided under Article 8.
• In case of non-delivery of an order or part of an order,
- If the package is marked as delivered by the carrier, you have a period of 14 days from the delivery date announced by the carrier to submit a claim.
- If the package is not marked delivered by the carrier or encounters a delivery problem and is not returned to the sender, you have a period of 30 days from the shipping date to submit a claim.
Beyond the deadlines announced above, we will not accept any claims.
Article 9: Right of withdrawal
Right of withdrawal
You have 14 days to return any item and request an exchange or refund without penalty, except for return shipping costs. Before returning your product to us, you must have your return authorization number (see paragraph 9, return procedure). The product must be returned in perfect condition, in its original undamaged packaging. It must be accompanied by all its accessories (manuals, cords, remote controls, warranties, etc.). Otherwise, you will lose your right of withdrawal
and the product will be returned to you at your expense.
ARTICLE 10: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
Ownership of the products will only be transferred to the buyer after full payment of the price by the latter, regardless of the delivery date of said products. However, the transfer of risk of loss and deterioration of the products will occur upon delivery and receipt of said products by the buyer.
ARTICLE 11: PROTECTION OF YOUR PERSONAL DATA
Artistika® is the producer and owner of all or part of the databases composing this site. By accessing this site, the customer acknowledges that the data composing it are also protected and expressly forbids extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the database content on the accessed site.
"Artistika" is a registered trademark.
ARTICLE 12: LIABILITY
The product descriptions present in the databases of https://www.Artistika.fr have been recorded based on the information provided by the publishers. Artistika® is not responsible for the content of the works and cannot be held liable towards the buyer. The liability of Artistika® cannot be sought in the event of force majeure (strike, flood, fire...).
The products offered comply with the law of New Mexico (USA) in force. We disclaim all liability if the delivered item does not comply with the legislation of the delivery country (censorship, prohibition of a title or author...). Artistika.fr® is not responsible for the content of websites to which hyperlinks may refer from its own site.
ARTICLE 13: REFUND
Artistika commits to refund its customers within 20 days following the confirmation of refund by our services. The refunded amount depends on the situation; certain penalties may apply, such as non-refund of shipping fees, no refund in case of returned damaged product, partial refund following a missing product in an order or a damaged product among an order, etc.
ARTICLE 14: APPLICABLE LAW
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to the law of New Mexico, USA.
ARTICLE 15: BUYER'S ACCEPTANCE
These general terms and conditions of sale as well as the prices are expressly agreed and accepted by the buyer, who declares and acknowledges having full knowledge of them, and therefore waives the right to invoke any contradictory document, including their own general purchase conditions; the act of purchase implies acceptance of these general terms and conditions of sale.
Article 16: APPLICABLE VAT
Born 2 Win LLC has its registered office outside the European Union (United Kingdom) and delegates its shipping and storage logistics to a third-party company outside the European Union. Born 2 Win LLC does not store or ship products; consequently, the customer acts as the importer of their product and is responsible for VAT or other similar import taxes in their country.
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These conditions can be modified at any time without notice by Artistika®
- In case of interpretation discrepancies between translated versions and the original version, only the French version of these general terms and conditions of sale shall prevail.
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Update of the general terms and conditions of sale on January 1, 2025.
Registered Office:
Artistika.fr is managed by Born 2 Win LLC, whose registered office is located at
Born 2 Win LLC
500 4th ST NW Suite 102
87120 Albuquerque
New Mexico
United States of America