Terms of sale

Last update date: July 3, 2024

Article 1 – GENERAL

These General Terms and Conditions of Sale are concluded between

On the one hand, EI Archibalda, headquartered at 14, rue Claude Pouillet, 75017 Paris - SIRET: 984 360 057 00017, managed by Géraldine Noel Durand (hereinafter referred to as the "Operator"). The Operator's individual VAT number is: FR58984360057

And on the other hand, any natural or legal person visiting or making a purchase on the site www.archibalda.com (hereinafter referred to as the "Client").

The Operator can be contacted at the following email address: contact@archibalda.com

 

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale (hereinafter, the "General Terms and Conditions of Sale", or the "GTC") apply exclusively to the online sale of products offered by the Operator on the website.

The GTC are made available to clients on the Site where they are directly accessible and can also be communicated to them on simple request by any means, particularly at the following email address: contact@archibalda.com

The GTC are binding on the client who acknowledges, by making a purchase, having been aware of them and having accepted them before placing the order. The validation of the order by its confirmation constitutes acceptance by the buyer of the GTC in effect on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Thus, the client unreservedly accepts all the provisions provided for in these General Terms and Conditions of Sale. In case of disagreement with the General Terms and Conditions of Sale, the Client must not use the Website.

The Operator reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without notice, the adaptations or modifications being then applicable to all orders subsequent to these adaptations or modifications. In case of modification(s), the General Terms and Conditions of Sale applicable to the Client's order are those that were online and accepted by the Client on the day the order was placed.

Article 3 – PRODUCT DESCRIPTION

The Site is an online sales site for decorative items (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Client").

Each Product presented on the Site is subject to a description mentioning its essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Product's user manual, if it is an essential element, appears on the Site or is, at the latest, sent upon delivery. The Products comply with the prescriptions of the current French law.

The Client remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at his charge. In addition, the Client must provide and be fully responsible for the equipment necessary to connect to the Site.

The Client acknowledges having verified that the computer configuration he uses is secure and in working order.

 

Article 4 – CREATION OF THE CLIENT SPACE

To place an order on the Site, the Client must first create his personal client space. Once created, to access it, the Client must identify himself using his login and secret, personal, and confidential password. It is the Client's responsibility not to communicate his login and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Client undertakes to maintain strict confidentiality concerning the data, particularly login and password, allowing him to access his client space, the Client recognizing being the sole responsible for access to the Service via his login and password, except in the case of proven fraud. Each Client also undertakes to inform the Operator without delay in the event of loss, misappropriation, or fraudulent use of his login and/or password.

After creating his personal client space, the Client will receive an email confirming the creation of his client space.

The Client undertakes during his registration to:

• provide real, accurate, up-to-date information at the time of entering it in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
• maintain up-to-date registration data to ensure that it is always real, accurate, and up-to-date.

The Client also undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Client's access to the Site at his exclusive fault.

 

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stock.

The Operator reserves the right not to process a payment, and not to confirm an order for any reason, and more specifically in the event of a supply issue or any difficulty concerning the received order.

If, despite the Operator's best efforts, a Product turns out to be unavailable after the Client's order, the Operator will inform the Client by email as soon as possible, and the Client will have the choice between:

• the delivery of a Product of equivalent quality and price to the one initially ordered, or
• a refund of the price of the ordered Product no later than thirty (30) days from the payment of the amounts already paid (including shipping costs).

It is agreed that, apart from the refund of the price of the unavailable Product, if this option is requested by the Client, the Operator is not liable for any cancellation compensation.

Except for any contrary mention in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Client's orders are firm and final.

When placing an order, the Client must select the chosen Products, add them to their cart by indicating the selected Products and desired quantities. The Client has the option to check the details of their order and its total price, and to return to previous pages to possibly correct the content of their cart before validating it.

The Client agrees to read the General Terms and Conditions of Sale in effect before proceeding with the payment. The confirmation of the order constitutes acceptance of the GTC and forms the contract.

Contractual information related to the order (including the order number) will be confirmed by email in a timely manner and no later than at the time of delivery. The Operator strongly advises the Client to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Client in the "my account" section. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Client in connection with an order will be sent to the email address the Client uses to identify themselves in their client space.

The Operator reserves the right not to validate the Client's order for any legitimate reason, particularly in the event that:

• The Client does not comply with the General Terms and Conditions in effect at the time of their order;
• The Client's order history shows that amounts are still due for previous orders;
• One of the Client's previous orders is the subject of an ongoing dispute;
• The Client has not responded to a request for confirmation of their order that the Operator has sent.

Any modification of an order by the Client after confirmation of their order is subject to the Operator's agreement.

The information provided by the Client when placing the order (including name and delivery address) binds them. Therefore, the Operator cannot be held responsible if an error during the order placement prevents or delays delivery/delivery or incurs additional delivery costs.

The Client declares to have full legal capacity to commit to these General Terms and Conditions.

Registration is open to capable adults and minors, provided that they are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration allowed on behalf of third parties unless validly authorized to represent them (e.g., legal entities). Registration is strictly personal to each Client.

In the event of the Client's breach of any of these provisions, the Operator reserves the right to terminate the said Client's account without notice.

 

Article 6 – PAYMENT TERMS AND SECURITY

The Client expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires payment of a price against the provision of the ordered Product.

In any case, the Operator reserves the right to verify the validity of the payment before dispatching the order, using all necessary means.

The Operator uses the online payment solution provided by Shopify.

Orders can be paid using one of the following payment methods:

• Credit Card Payment. Payment is made directly on the secure banking servers of the Operator's bank, and the Client's banking details do not pass through the Site. The banking details provided during payment are protected by an SSL (Secure Socket Layer) encryption process provided by Shopify. In this way, these details are not accessible to third parties.

The Client's order is recorded and validated as soon as payment is accepted by the bank.

The Client's account will be debited with the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The inability to debit the amounts due will result in the immediate nullity of the sale.

The credit card may be refused if it has expired, if it has reached the maximum spending limit to which the Client is entitled, or if the entered data is incorrect.

If applicable, the order validated by the Client will only be considered effective once the secure banking payment center has approved the transaction.

As part of the control procedures, the Operator may need to request all necessary documents from the Client to finalize their order. These documents will not be used for any purpose other than this.

 

Article 7 – PAYMENT OF THE PRICE

The price of the Products at the time of the order is indicated in euros, including all taxes (VAT) excluding delivery and transportation fees. Items subject to VAT are subject to French VAT. Any change in the legal rates of French VAT will be reflected in the price of the products and services presented on the Site, as of the date stipulated by the implementing decree referring to it.

In the case of a promotion, the Operator commits to applying the promotional price to any order placed during the period advertised for the promotion.

The price is payable exclusively in euros (€). The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transportation fees apply, they will be added to the price of the Products and indicated separately before the Client validates the order. The total amount due by the Client and its details are indicated on the order confirmation page.

The Operator reserves the right to modify its prices at any time, but the product will be billed based on the price in effect at the time of order validation and subject to availability.

For orders to a country other than mainland France, you are the importer of the relevant products. Customs duties or other local taxes or state import duties may be required. These duties and amounts are not within the Operator's control. They will be the responsibility of the Client and fall under their full responsibility, both in terms of declarations and payments to the relevant authorities and agencies in your country. The Client is advised to inquire about these aspects with local authorities.

 

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Client is formed at the time the Client sends confirmation of their order.

The Client's attention is particularly drawn to the method of accepting the order placed on the Site. When placing an order, the Client must confirm it using the "double-click" technique, i.e., after selecting Products added to the cart, the Client must review and possibly correct the content of their cart (identification, quantity of selected products, price, delivery methods, and fees) before validating it, and finally, confirm their order after entering their payment details. The "double click" serves as an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Client.

The archiving of communications, order forms, and invoices is managed by the Operator on a reliable and durable medium to constitute a true and lasting copy. These communications, order forms, and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the internet or by telephone constitutes proof of all transactions between the Operator and its Clients.

The order may be canceled by the Operator in the case of:

• the buyer's refusal to accept delivery;
• non-payment of the price (or the balance of the price).

 

Article 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs.

 

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or in a member country of the European Union (excluding the UK and Switzerland), and for deliveries to these same geographical areas. The Operator reminds the Client that the lamps offered on the site have a type C plug, compatible with plugs in most European countries (except for the United Kingdom, Ireland, Cyprus, and Malta).

Delivery means the transfer of physical possession or control of the Product to the Client.

The Operator offers different delivery or shipping methods depending on the nature of the product. Delivery fees may vary depending on the destination and must be fully borne by the Client.

Shipping costs are those specified at the time of order finalization and are accepted by the Client upon order validation.

The Operator commits, except in the case of pre-orders, to deliver the Products within a maximum of thirty (30) days after receipt of the order, according to the shipping date indicated on the Site for each Product.

The Operator mentions the estimated shipping time in the description of each product.

The Operator commits to shipping the Products according to the announced timelines on each Product sheet and at the cart level, provided that the order payment has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email as soon as possible to inform the Client of the new delivery date. The Operator will not be liable for any delay compensation.

Specific case of pre-orders: it should be noted that some products are shipped only once the pre-ordered Products have been manufactured. Pre-orders may be identified by shipping times exceeding 3 weeks, with shipping times mentioned in the description of each product. Thus, in the specific case of pre-orders, the maximum delivery time of 30 days will not apply, which the Client accepts.

Products will be delivered to the address specified by the Client at the time of their order or pre-order. It is therefore the Client's responsibility to ensure that this address is correct. The Operator cannot be held responsible if the address provided by the Client is incorrect, thereby preventing or delaying delivery or incurring additional costs.

Upon delivery, a receipt may need to be signed.

No delivery will be made to a PO box.

Upon delivery, the Client must check that the Products delivered are in accordance with their order and that the package is sealed and undamaged. If this is not the case, the Client must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.

 

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Client, they may return it to the Operator. The Client will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and to exercise this right of withdrawal under the conditions of Articles L.221-18 and following of the Consumer Code, the Client is invited to complete the following standard withdrawal form and send it to contact@archibalda.com

Returns must be made in their original condition and complete (packaging, accessories, manual). In this regard, the Client is responsible. Any damage to the product during this process may invalidate the right of withdrawal.

Return shipping costs are the responsibility of the Client.

In the event of exercising the right of withdrawal, the Operator, who will have received a withdrawal request in accordance with the model below, will refund the Client the amount of the Product (excluding delivery costs) within fourteen (14) days from the receipt of the Product and all elements required to process the Client's refund. This refund may be made using the same payment method as that used by the Client. In this regard, if the Client paid for their order with a credit note/gift voucher, they may be refunded with credit notes/gift vouchers at the Operator's discretion.

Withdrawal form to be sent to contact@archibalda.com:

The Operator will send an acknowledgment of receipt of the withdrawal request to the Client by email. The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also include a letter specifying the Customer's exact and complete contact details (name, first name, address), as well as the order number and the original purchase invoice.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator by email at:  contact@archibalda.com, providing their name, phone number, the subject of their request, and the order number concerned.

 

Article 13 – INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, Site structure, and all other intellectual property elements and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating to intellectual property.

As a result, none of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, whether free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express and written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take any legal action against those who do not comply with the prohibitions contained in this article.

 

ARTICLE 14 – LIABILITY AND WARRANTY

The Operator cannot be held liable for non-performance of the contract due to the Customer or due to an event classified as force majeure by competent courts or due to unpredictable and insurmountable events caused by any third party to these terms.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow for the guarantee of security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve the content and/or their presentation.

The Operator cannot be held responsible for the use of the Site and its services by Customers in violation of these General Terms and Conditions and for any direct or indirect damages that such use might cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and their behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Customers, the Customer agrees to indemnify the Operator against any condemnation pronounced against it and to reimburse the Operator for all costs, including lawyer's fees, incurred for its defense.

Regardless of any additional contractual warranty (commercial warranty) that might be granted, the Products benefit from the legal warranty of conformity provided by Articles L. 217-4 and following of the Consumer Code (including L. 217-4 to L. 217-14 of the Consumer Code) and the warranty for hidden defects provided by Articles 1641 to 1649 of the Civil Code.

When the Customer acts within the framework of the legal warranty of conformity:

• They benefit from a two (2) year period from the delivery of the good to act;
• They may choose between repair or replacement of the good, subject to the cost conditions provided by Article L. 217-12 of the Consumer Code;

The Customer may decide to invoke the warranty against hidden defects of the sold item as defined by Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The implementation of the legal warranty of conformity does not preclude the action for hidden defects. Four (4) conditions must be met for the Customer to benefit from this warranty:

• The defect or flaw affecting the purchased product is serious;
• The defect or flaw must be hidden;
• The defect or flaw existed before the purchase, even if it manifested later;
• It must not be the result of improper use of the product.

If all four (4) conditions are met, the Customer may request, excluding any other compensation or damages: either the replacement of the product or the reimbursement of the product including transport costs.

It is reminded that seeking amicable solutions prior to any legal action does not interrupt the deadlines for legal guarantees or the duration of any contractual warranty. The implementation of guarantees must be requested by email at contact@archibalda.com. The claim must be justified and accompanied by evidence of the harm suffered.

 

ARTICLE 15 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please read carefully the Privacy Policy (“Privacy”). You can consult this Policy on the Site at any time.

 

Article 16 – HYPERTEXT LINKS

Hypertext links available on the Site may lead to third-party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and accept to use third-party sites at their own risk or, if applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or the content appearing on these third-party sites.

As a result, the Operator cannot be held liable in any way for these hypertext links.

Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee, or adopt any part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners leading to third-party sites not edited by the Operator. The Operator invites the Customer to report any hypertext link present on the Site that leads to a third-party site offering content contrary to laws and/or morals.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

 

ARTICLE 17 – GENERAL PROVISIONS

ENTIRE AGREEMENT

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Customer and the Operator concerning their subject matter. If one or more provisions of these General Terms and Conditions are declared null under a law, regulation, or as a result of a final decision by a competent jurisdiction, the remaining provisions will retain their full force and scope. Moreover, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any provision of these General Terms and Conditions cannot be interpreted as a waiver of their right to invoke such a breach in the future.

AMENDMENTS TO THE TERMS

The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.

Furthermore, the Operator reserves the right to modify at any time and without prior notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way towards them or any third party due to these modifications, suspensions, or cessations.

The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and lasting retention, and thus be able to refer to them at any time during the execution of the Contract if needed.

COMPLAINTS – MEDIATION

In case of dispute, you should first contact the company's customer service at the following contact details: contact@archibalda.com

If the complaint to the customer service fails or if there is no response from this service within ten (10) days, the Customer may submit the dispute relating to the purchase order or these GTC opposing the Operator to the following mediator: Société de Médiation professionnelle (https://www.mediateur-consommation-smp.fr/)

The mediator will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS BY THE CUSTOMER

The Customer acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Customer confirms having taken note of the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available at the date of the order, of which a dated copy may be provided to the Customer upon request. It is specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed prior to such modification, unless expressly agreed upon by the Customer at the time of a given order.

The General Terms and Conditions are subject to French law.