Article 1: Fields of Application and Modification of the General Conditions of Sale
These general conditions of sale apply to all orders placed on the website https://artistika.com.au
Artistika® reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Article 2: Availability of products
Our product offers and prices are valid as long as they are visible on the site, while stocks last. Upon receipt of your order, we check the availability of the product(s) ordered. In the event of unavailability, we undertake within 30 days from validation of the order either to deliver the ordered product to you, or to offer you a similar product at a similar price, or to refund it to you. In order to correctly process your request, please remind us of your order number, as well as your full contact details.
Article 3: Orders
Automatic recording systems are considered as proof of the nature and content of the order.Artistika® confirms acceptance of his order to the customer at the e-mail address that he has communicated. The sale will be concluded upon validation byArtistika® of the payment of the order, that is to say the date of validation of the payment for orders paid online by credit card.Artistika® reserves the right in any case to refuse or cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
Article 4: Price
Prices indicated in euros are deemed net, excluding shipping costs. This price includes the price of the products, the costs of handling, packaging and conservation of the products. They are subject to change at any time without notice, knowing that the items will be invoiced on the basis in force when the order is registered. All orders are invoiced in AUD and payable in AUD. Any customs fees or local taxes remain the responsibility of the recipient.
Article 5: Payment and Security Terms
You can make payment:
By credit card (VISA, MASTERCARD or AMERICAN EXPRESS):
Payment is made onthe bank serverssecure from our partner. This implies that no banking information concerning you passes through the site ofArtistika. Payment by credit card is therefore perfectly secure; your order will be recorded and validated upon acceptance of payment by the bank you have chosen.
Security:
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass unencrypted over the network. Payment is made directly to the bank.Artistikaunder no circumstances has access to these contact details, and does not keep them on its servers. This is why you are asked for them again for each new transaction on our site.
Reservation of title clause:
The products remain the property ofArtistikauntil full payment of the order by Artistika. However, from receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Failure to Pay
Artistikareserves the right to refuse to make a 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 being administered.
Anti-fraud controls
Artistikacontrols all orders that have been validated on its site. These controls are intended to protect Artistikaabusive practices carried out by fraudsters. As part of these procedures, our services may ask you for all the documents necessary to release your order: proof of address and debit in your name,etc...These requests are made by email and request by telephone. Artistika reserves the right not to ship the goods if the requested supporting documents are not provided/received by Artistika®. Supporting documents must be sent either by email or by post.
Card refused
In the context of a payment by credit card, there are two cases offigures:
1. Payment is accepted, order proceeds
2. payment isdenied:
oeither the payment is blocked by the networkinter-bank, the customer is then notified by email and the order is automatically put on hold. The customer must then contactArtistikato change payment method.
oThe products remain the property ofArtistikauntil full payment of the order byArtistika. However, from receipt of the order by the customer, the risks of the goods delivered aretransferredto the customer.
Article 6: Security of payments
> Securing transactions (SSL encryption)
Payment by credit card is provided by STRIPE, recognized for its reliability in Internet transactions. The transaction between you and STRIPE is encrypted (SSL). The banking information you provide, encrypted on your own computer, will never circulate unencrypted on the Internet.
For more information please visit the website https://stripe.com.
Article 7: Delivery terms and delivery times
General
The products are delivered to the delivery address you provided to us during the ordering process. Under Article L. 221-15 of the Consumer Code, if the address is incorrect and the package lost, responsibility for the loss as well as the amount thereof is the responsibility of 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 name.
In the event of loss, delay or non-delivery of an order resulting from an error, omission or inaccuracy in the information provided by the customer, Artistika® declines all liability. No refund, replacement or free reshipment may be required in these circumstances.
If the package is returned to an incorrect address, additional reshipment costs will be borne by the customer.
Costs
The costs of participating in the preparation and shipping of the order are completely free for purchases over $100 AUD.
Delivery times
The times indicated are average times and correspond to the processing, preparation and shipping times of your order (exit from warehouses). To this deadline, the carrier's delivery time must be added. The announced delivery time of 10 to 20 days is valid from the date ofreceptionby the buyer of the order delivery email. The delivery time (announced by the carrier) does not bind you in any way. Artistika® over a longer period.
Article 8: Returns
If the products need to be returned to us, they must be the subject of a return request to our customer service within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products 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 refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
Does not live at the address given
If a package is returned with the motive "wrong address", Artistika® is entitled to request additional shipping costs if:
• the address was incorrectly entered by the customer in the order form
• the address entered by the customer in the order form is incorrect or incomplete
On the other handArtistikawill open an investigation for "improper return" and will return the package without requesting additional costs if the carrier is declared at fault.
Unclaimed Parcel
If a package is returned to us with the reason "Unclaimed",Artistikais entitled to request additional shipping costs for returning the package.
ATTENTION: in the event of a return of an UNCLAIMED package to Artistika for more than 15 days (i.e. 30 days in total between the 15 days of postal service return times and 15 days of return storage at Artistika), the command cannot longer be canceled or refunded.
Lost package
In the event of a delivery dispute,Artistika reserves the right to request proof of identity including the signature of the customer and/or the person residing at the delivery address and/or the person likely to have received the package. In case of refusal, Artistika will not then be able to make any refund or product exchange.
Wrong or incorrect address
If the customer provides an incorrect or incomplete address, we decline all responsibility for the loss of the package or its non-delivery.
No refunds or compensation will be given in such circumstances. It is the customer's responsibility to ensure that the address provided when ordering is accurate and complete to guarantee proper receipt of their package.
Complaint (deadlines)
Each order is subject to the sending of a shipment confirmation email as well as a publication of the shipment which can be consulted in the customer account. No complaints for unreceived, lost or damaged packages can be received atbeyond30 days after the date ofsendof the order.
A claim can be made by contacting us here.
Good faith clause
Artistikaundertakes to inform the customer of the delivery of their order:
• via automatic email sending (to the email address indicated at the time of ordering).
• via the opening and management of possible dispute files with carriers
It is in the good faith of the customer to use its services to know the progress of the delivery of their order. A customer complaint that has not been made within the framework of the use of its services within 30 days after dispatch of the order will not be subject to reimbursement.seeeven opening a file atArtistika.
Delivery outside the zone and customs duties.
All our prices are exclusive of customs fees. Outside the European Union, customs fees may be claimed by the country of destination of the order. These costs are always the responsibility of the recipient and cannot be calculated in advance byArtistika. These charges are collected by the customs of the destination country and not byArtistika. Please contact the customs service of your national territory for any questions on this subject.
All this information can be consulted in our FAQ.
Article 8: Responsibilities
• Artistikacannot be held responsible for non-performance of the contract concluded due to force majeure, or in the event of a 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 the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the liability ofArtistika, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal envisaged under article 8.
• In the event of non-delivery of an order or part of an order,
- If the package is marked as delivered by the carrier, you have 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 has a delivery problem and is not returned to the sender, you have 30 days from the shipping date to submit a claim.
Beyond the deadlines announced above, we will not accept any complaints.
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 return shipping costs. Before returning your product to us, you must have your return agreement 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 (instructions, cords, remote controls, guarantees, etc.). Otherwise, you will lose your right of withdrawal and the product will be returned to you at your expense.
ARTICLE 10: TRANSFER OF PROPERTY – TRANSFER OF RISKS
The transfer of ownership of the products to the benefit of the purchaser will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said products. However, the transfer of risks of loss and deterioration of the products will only take place upon delivery and receipt of said products by the purchaser.
ARTICLE 11: PROTECTION OF YOUR PERSONAL DATA
Artistika® is the producer and owner of all or part of the databases making up this site. By accessing this site, the customer acknowledges that the data composing it is legally protected, and is prohibited in particular from extracting, reusing, storing, reproducing, representing or preserving, 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 content of the databases appearing on the site to which he is accessing.
"Artistika" is a registered trademark.
ARTICLE 12: RESPONSIBILITY
Descriptions of products present in the databases of https://artistika.com.au havebeen entered based on information provided by the publishers. Artistika® is not responsible for the content ofworksand cannot be held liable towards the purchaser. The responsibility of Artistika® cannot be sought in the event of the occurrence of a case of force majeure (strike, flood, fire, etc.).
The products offered comply with US lawin force. We decline all responsibility if the delivered item does not comply with the legislation of the country of delivery (censorship, ban on a title or author, etc.). Artistika® is not responsible for the content of sites to which hypertext links may refer from its own site.
ARTICLE 13: REFUND
Artistika undertakes to reimburse its customers within 20 days following confirmation of reimbursement by our services. The amount returned depends on the case, certain penalties may apply, such as reimbursement of shipping costs, non-reimbursement in the event of a damaged product returned, a partial refund following a missing product in an order or a damaged product among an order, etc.
ARTICLE 14: APPLICABLE LAW
All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to the law of the United Staes (USA).
ARTICLE 15: ACCEPTANCE OF THE PURCHASER
These general conditions of sale as well as the prices are expressly approved and accepted by the purchaser, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase, the act of purchase entailing acceptance of these general conditions of sale.
Head office:
Artistika.com.au is managed by Born 2 Win LLC, whose head office is at:
Born 2 Win LLC
500 4th St nw
St 102
Albuquerque
87102
New Mexico
United States of America
EIN: 98-1739042
