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Terms of Sales

Preamble
These general conditions of sale apply to all sales made on the Ars Natura website.
The website www.arsnatura.fr is a service of:
The sole proprietorship Ars Natura
located 1353 Route de la Baronne 06700 Saint Laurent Du Var, France
URL address of the site: http://www.arsnatura.fr
Email: arsnaturacreations@gmail.com
telephone number: +33662008756
The Ars Natura website markets the following products: hand-dyed wool and textile fibers, knitting accessories.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.


Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the Ars Natura website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are valid until March 31, 2030.


Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Ars Natura website.
These conditions only concern purchases made on the Ars Natura website.
These purchases concern the following products: hand-dyed wool and textile fibres, knitting accessories.


Article 3 - Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and/or the method of calculating the price;
- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
- in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details
activities, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the methods of implementation of the guarantees and other contractual conditions.


Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following e-mail address: arsnaturacreations@gmail.com.


Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: +33 6 62 00 87 56.


Article 6 - Order confirmation
The seller provides the buyer with an order confirmation, by email.


Article 7 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.


Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual, due to possible variations in screen colorimetry.

Our products are above all made from artisanal dyeing done by hand, with a lot of variability.   There are inevitably some variations between each bath sold under the name of a color.


Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.


Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
administration.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
-paypal


Article 11 - Availability of products - Reimbursement - Cancellation
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For items already dyed and in stock, dispatch will take place within 3-5 working days from the day following that on which the buyer placed his order, according to the following methods: Colissimo or La Poste.

For dye-to-order items, and custom orders theshipment will take place within 15  working days from the day following thatwhere the buyer placed his order.

There may be a delay in the fulfillment of the order, but the maximum shipping time may not exceed 30 working days after the conclusion of the contract, unless the order concerns a subscription or an event item (seasonal box, calendar of the Advent...). The customer will be informed as precisely as possible of the shipping time, if it does not comply with the average time indicated when ordering.
In the absence of execution at the end of this new maximum period indicated, the buyer may freely terminate the contract.
The buyer must accomplish this cancellation in writing on a durable medium and receive the seller's response to be validated. When the order is cancelled, the seller will offer the refund or a purchase credit on the site.   The seller undertakes to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.


Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items.
If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery receipt.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, etc.). In the event of damage demonstrated on the products, the costs of returns by Colissimo delivered with signature will be reimbursed by the seller, after receipt of the said products.


Article 13 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made, at the choice of the buyer:
- by telephone at the following number: +33 6 62 00 87 56;
- by e-mail to the following address: arsnaturacreations@gmail.com.

Variations in color or pattern do not constitute a nonconformity.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.


Upon receipt of the complaint, the seller may propose the exchange of the product(s) concerned and the
will communicate by e-mail to the buyer. 
In the event of an error or manifest non-conformity, the product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo delivered with signature, to the following address: Sabine Penisson - Ars Natura, 1353 route de la Baronne, 06700 Saint Laurent Du Var.
The return costs are in this specific case the responsibility of the seller, we will reimburse you as soon as possible after receipt of the return. The shipping costs of the products to be sent in exchange will also be borne by the seller.


Article 14 - Product warranty
Due to the random and artistic nature of the dye baths applied to the textile fibers, strict compliance with the photos and descriptions of the product is in no way guaranteed, both in the colors and in the patterns made, although we try to comply at best to the color standard. 


Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. The stars
skeins of wool wound will not benot accepted in return, even if they have been wound in our workshop at the customer's request.
Damaged, soiled or incomplete products are not taken back.

Any personalized, made-to-measure or dyed-to-order product cannot be returned.
The right of withdrawal can be exercised by contacting the seller by email, telephone or message via the form on the website. The buyer will be informed of the receipt of the request, and if his declaration of withdrawal is accepted.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed, excluding delivery costs incurred during the purchase.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 7 days, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer within the conditions set out above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.


Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.


Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 18 - Computing and Liberties 

The personal data provided by the buyer is necessary for the processing of his order and the establishment of the bills. They may be communicated to the seller's partners responsible for the execution, processing, management andpayment of orders. The buyer has a right of permanent access, modification, rectification and opposition with regard to the information.  This right can be exercised under the conditions and according to the methods defined on the Ars Natura site.

 

Article 19 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such en application of a law, a regulation or following a final decision of a competent court, the others stipulations will retain all their force and scope. 

 

Article 20 - Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

 

Article 21 - Title 

In case of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent. 

 

Article 22 - Language of the contract

These general conditions of sale are written in French. In case they are translated into une or several foreign languages, only the French text shall prevail in the event of a dispute. 

 

Article 23 - Mediation and settlement of disputes

The buyer may resort to conventional mediation, in particular with the Commission de la mediation de la consumption or with existing sectoral mediation bodies, or any alternative method of settling dis disputes (conciliation, for example) in the event of a dispute.

In accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up a platform of Online Dispute Resolution, facilitating independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

 

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is tribunal judicial. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution. 

IT Data Security and Protection

Article 25 - Protection of personal data
Data collected

The personal data collected on this site are as follows:
- account opening: when creating the user's account, his name; first name ; email address ; number of
phone ; address ;
- connection: when the user connects to the website, the latter records, in particular, his surname, first name,
connection, usage, location and payment data;
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address
and a telephone number;
- payment: as part of the payment of the products and services offered on the website, the latter records data
financial information relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, the data concerning the
user communications are subject to temporary storage;
- cookies: cookies are used as part of the use of the site. The user has the option to disable cookies
from their browser settings.


Use of personal data
The personal data collected from users is intended to provide the services of the website,
improving them and maintaining a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- proposal to the user of the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their
preferences;
- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents
security ;
- management of any disputes with users;
- sending commercial and advertising information, based on user preferences.


Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with
third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of service providers to provide user assistance, advertising and the services of
payment. These service providers have limited access to the user's data, within the framework of the execution of these
services, and have a contractual obligation to use them in accordance with the provisions of the regulations
applicable to the protection of personal data;
- if required by law, the website may carry out the transmission of data to respond to complaints presented against
the website and comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, sale of assets or recovery procedure
court, it may be required to assign or share all or part of its assets, including personal data.
staff. In this case, users would be informed, before the personal data is transferred to
a third party.


Security and Privacy
The website implements organizational, technical, software and physical measures for the security of the
to protect personal data against unauthorized alteration, destruction and access. However, it is
Please note that the internet is not a completely secure environment and the website cannot guarantee the security of the
transmission or storage of information on the Internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the rights
following, which they can exercise by making their request to the following address: arsnaturacreations@gmail.com.
the right of access: they can exercise their right of access, to know the personal data concerning them. In
In this case, before the implementation of this right, the website may request proof of the user's identity in order to
verify accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they can
request updated information.
the right to delete data: users can request the deletion of their personal data
personal, in accordance with applicable data protection laws.
the right to limit processing: users can ask the website to limit the processing of
personal data in accordance with the assumptions provided by the GDPR.
the right to object to the processing of data: users can object to their data being
processed in accordance with the assumptions provided by the GDPR.
the right to portability: they can request that the website give them the personal data that is
the right to portability: they can request that the website give them the personal data that is
provided to forward them to a new website.


Evolution of this clause
The website reserves the right to make any changes to this data protection clause at
personal character at all times. If a change is made to this data protection clause at
personal nature, the website undertakes to publish the new version on its site. The website will also inform
users of the change by e-mail, within a minimum period of 15 days before the effective date. Whether
the user does not agree with the terms of the new wording of the personal data protection clause
personal, he has the option of deleting his account.

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