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Terms and conditions
1. Identification
ARKANA LIVING SAS with a capital of € 10,000
1165 chemin des combes, 06600 Antibes, France, Tel: 06 37 36 00 78
Registered with the Antibes RCS under number 881 191 001
Publication director: Monsieur Cuggia Victor
The Site is hosted by 1 & 1 IONOS SARL, domiciled at 7, place de la Gare- BP 70109 - 57200 Sarreguemines, reachable at +33 970 808 911
2. Fields of application
These General Conditions of Sale apply to any order placed on the Website www.arkanaliving.com by a natural person acting in a personal capacity as a consumer (hereinafter "the Customer"). These General Conditions of Sale, written in French, may be modified at any time by ARKANA LIVING.
The confirmation of the order by the Customer implies full and unreserved acceptance without restriction or reservation of these General Conditions of Sale by the Customer, to the exclusion of any other document. The general conditions in force at the time of confirmation prevail over all previous versions.
3. Product Offer
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. ARKANA LIVING reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products. The Products are presented as accurately as possible. The perfect representation of the Products on the Website cannot be guaranteed, in particular due to differences in color or material rendering by Internet browsing software and / or visualization monitors. The Product delivered may differ from that presented on the Site without entailing the possibility of cancellation of the sale for the Customer i) if the Product concerned is a Product of artisanal or semi-artisanal manufacture which does not ensure perfect homogeneity of production ii) or if the Product has been the subject, between the date of the order and the date of delivery, of adaptation linked to technical or technological development and subject, in these two cases, that the difference does not relate to the essential characteristics of the Products, which does not affect their quality and does not generate a price increase.
4. Product Prices
The prices of the Products are indicated in Euros and include all taxes. Preparation and delivery costs are not included in the price indicated, unless otherwise stated.
ARKANA LIVING reserves the right to modify the price of the Products at its convenience. The tariff conditions in force on the date of validation of the order by the Customer will apply.
5. Placing the order
The Customer has the possibility of placing an order with ARKANA LIVING online on the Site www. arkanaliving.com.
Any order placed on the Site www. arkanaliving.com assumes the creation of a customer account. The Customer must add the selected products to his basket. The Customer has the possibility to check the detail of his order, its total price and can make changes before any final validation.
Orders sent to ARKANA LIVING by mail will not be taken into account.
6. Validation of the order
The acceptance of the order by the Customer is materialized by its acceptance of these General Conditions of Sale and its payment.
ARKANA LIVING reserves the right to refuse an order for any legitimate reason, in particular the existence of an unresolved dispute resulting from the failure to pay for a previous order.
ARKANA LIVING will send by email, as soon as possible, an order confirmation containing the essential elements (order number, products ordered, place of delivery, etc.).
The Customer agrees that the order confirmation will be considered as proof of the contractual relationship created with ARKANA LIVING.
In the absence of availability of one or more product (s) ordered, ARKANA LIVING undertakes to inform the Customer by e-mail as soon as possible.
7. Payment
Payment is made in euros exclusively, in full at the time of order, either by credit card, bank transfer, and if eligible, gift card, credit or voucher.
Orders being taken into account only after validation of their payment, no discount or penalty for delay is applicable. Payments cannot be suspended or offset without the prior written consent of ARKANA LIVING.
7.1 Payment by credit card
The following bank cards are accepted: Credit card, Visa and Mastercard.
As part of its action in favor of the fight against internet fraud, ARKANA LIVING may need to verify the bank details and / or the identity of customers before any delivery. By placing an order on the Site www.arkanaliving.com, the customer undertakes to provide ARKANA LIVING with the requested supporting documents. In the absence of communication of the elements requested within the time limit, ARKANA LIVING reserves the right to cancel the order subject to verification.
In the event of payment by bank card, the Site uses the security system of PAYZEN, a service provider specializing in the security of online payments. This system guarantees the Client the total confidentiality of his banking information. The bank card transaction, carried out between the Client and the secure system is therefore fully encrypted and protected. This means that the information related to the Order and the number of the bank card do not circulate on the internet. The Customer's bank details are not stored by computer by the Company.
The Customer guarantees to the Company that he has the necessary authorizations to use the payment method, when placing the Order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of execution, in the event of default or partial payment of any sum which may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
7.2 Payment by bank transfer
All payment by bank transfer is made in full at the time of the order. The RIB of ARKANA LIVING will be communicated to the customer on the order confirmation page as well as by email.
In case of failure to receive the bank transfer within three (3) working days from the confirmation of the order by the Customer, the order will be considered canceled.
8. Billing
The invoice sent to the Customer includes the information entered by the latter in his customer account. The information provided may not be subject to any modification after the issue of the invoice. The buyer has the possibility of modifying these data at the time of any new order placed on the Site.
9. Availability & Delivery
The product offer is valid while stocks last. The delivery times are indicative: we draw your attention to the fact that these are estimated times and that they are indicated in each of the product sheets on the site www.arkanaliving.com. The manufacturing / delivery times of the products may vary slightly depending on different elements. Indeed, some products offered can be handcrafted and on demand, manufacturing times can be longer or shorter depending on the purchase period and the number of orders to be processed by our suppliers.
If a product is not available, ARKANA LIVING undertakes to inform the customer by email or by telephone upon receipt of the information. The latter may then choose to maintain their order, exchange the unavailable product for another product or cancel the order. If a customer decides to cancel his order, the refund will be made within 15 days of purchase.
Depending on the weight and nature of the package, orders are sent by express transport, or by a transporter specialized in the delivery of furniture. The products are delivered to the delivery address mentioned by the buyer when finalizing the purchase. In the event of an error in the wording of the delivery address by the buyer, ARKANA LIVING cannot be held responsible for delays or non-delivery of the products ordered. In this case, the costs incurred for the return of the goods will be charged to the buyer.
We draw your attention to the fact that we only deliver addresses located in mainland France, Corsica, Monaco, Spain (outside the islands), Luxembourg, and Italy (outside the islands), for any other address, please contact us upstream of the command. Although we will do everything in our power to ensure that the Products are dispatched and delivered to you within the estimated deadlines, we unfortunately cannot guarantee that they will not be affected by unforeseen problems linked to their manufacturer or to our delivery partners or any other exceptional event. If we are unable to meet the estimated shipping or delivery date, we will contact you and provide you with a new estimated date.
9.1 Costs and terms of delivery
Delivery will be made to the Customer's home. The type of transport, the time limit and the related costs will be specified when ordering, depending on the place of delivery, the nature of the Products ordered and the nature of the service for which the Customer has opted. Any order including a product made to measure can not be split and will necessarily be delivered in its entirety by carrier to the delivery address specified by the Customer
Delivery by carrier: The delivery of small decorative items is ensured by courier services. Eligibility for this delivery method is specified when confirming the order. The delivery of bulky items or furniture is carried out by a transporter specialized in the delivery of furniture. The delivery date and time will be communicated by the carrier to the Customer. The carrier and delivery conditions differ depending on the volume and weight of the order. It is up to the Customer to check the delivery methods during the validation of the order.
The Customer will, if necessary, make his own business of assembling the furniture delivered disassembled, any assembly service if applicable subject to a specific quotation.
It is up to the Customer to check before ordering, in particular in terms of size and volume, that the products can be transported by the normal routes of access to the place of delivery (width of the street, staircase, elevator ...) . The rental of a necessary item allowing delivery to the desired location is the responsibility of the Customer.
The impossibility for ARKANA LIVING's partner carriers to deliver the Products on the agreed date, in the absence of the Customer or lack of information on the need to use specific means of delivery, may give rise to payment additional delivery costs and / or cancellation of the order by ARKANA LIVING.
The risks of the Product are transferred to the Customer upon delivery by the carriers that are partners of ARKANA LIVING on the delivery date agreed with them.
In cases where the respective availability dates of the Products of an order are different, ARKANA LIVING will offer the buyer to split his order. In the event of fractional delivery, participation in the delivery costs will be applied to each fraction of the order. In the absence of fractional delivery, delivery will take place on the date of availability of all the Products ordered.
PURCHASE FROM ABROAD
Buyers from abroad must obtain all necessary customs authorizations and pay import taxes, if applicable, in order to import products from our website.
9.2 Receipt and complaint
Usage reserves: The Customer (or his representative) is required to check the physical condition of the packaging, the number and content of the packages at the time of delivery, in the presence of the delivery person. Any anomaly concerning the delivery (transport damage, missing product or package, broken product, product not in conformity with the order, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the delivery slip of the carrier in the form detailed, explicit, reasoned and dated handwritten reservations. The Customer (or his representative) must sign the delivery slip. General reservations of the "subject to unpacking" type will be systematically rejected.
The Customer (or his representative) must, at the same time, report these anomalies by sending to Arkana Living Customer Service, within three (3) working days following the delivery date, a registered letter with acknowledgment of receipt and also by email to service-client@arkaliving.com address. Any complaint received after the deadline will be definitively rejected without possibility of recourse for the Customer.
Product faults: In the event of an apparent defect or non-conformity of the product delivered with the characteristics of the ordered Product as shown on the order form, the Customer (or his agent) must report these faults within three (3) days depending on the delivery date by sending a letter to Arkana Living Customer Service with acknowledgment of receipt and also by email to service-client@arkaliving.com.
The Customer (or his representative) must refrain from any intervention on the product and must leave to Arkana Living any facility to find the alleged defects or anomalies. Otherwise, the complaint cannot be accepted. Any complaint made beyond this period will be rejected without the possibility of recourse for the Customer. The products are described with the greatest possible accuracy. In case of defect or non-conformity of the product duly noted by Arkana Living and making the product unfit for the use for which it is usually intended, the provisions of the Guarantee will apply.
Whatever the nature of the complaint (product defect or delivery problems), the Customer (or his agent) cannot refuse delivery to the carrier, the Customer (or his agent) having to keep the product (s) ( s) until acceptance of the return by Arkana Living.
10. RETURN AND RIGHT OF WITHDRAWAL
In accordance with article L.121-18 of the Consumer Code, the Customer has a right of withdrawal from fourteen (14) calendar days from the day of receipt of the products. This option is not applicable to products manufactured according to the Customer's specifications (in particular, specifications in terms of materials, wood, colors, finishes, materials, choice of fabric, base or specific dimensions of the product), and more generally, any clearly personalized product (made-to-measure) or which, due to its nature, cannot be returned or is liable to deteriorate. Products made to measure or having been the subject of a special order can therefore not be returned, exchanged or refunded. To exercise their right of withdrawal, the Customer must, within fourteen (14) days from the exercise of the right of withdrawal, return at their expense the product (s) which do not satisfy them, in their packaging original, in perfect condition for resale at the following address:
ARKANA LIVING SAS
1165 combes road
06600 Antibes
France
Any returned damaged product will not be refunded.
The Customer is advised to return the products as follow-up or recommended, with a declared value corresponding to the price of the returned product, as well as to insure the returned products to cover the risk of loss or deterioration of the products.
11.INTELLECTUAL PROPERTY
All of the elements published on the Site www.arkanaliving.com such as, and without this list being exhaustive, images, photographs of ambience, cropped photographs, videos, graphic charter, sound elements constituting the Sire, logos, brands, domain names, texts, typographies, belong to the company ARKANA LIVING and constitute works protected by the provisions of the Code of intellectual property.
ARKANA LIVING is the holder of all intellectual property rights on its products and, more generally, on the brands, illustrations, images and logos reproduced on its articles, their accessories or their packaging. They are and remain the exclusive property of ARKANA LIVING, with the exception of the rights held by its partners and / or suppliers over their products, brands and logos presented on the Site. Any total or partial reproduction, any modification and / or any use of these images, photographs of setting in atmosphere, cropped photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, typography, for any reason and on any medium whatsoever, without the express prior agreement of ARKANA LIVING, is strictly prohibited. The creation of derivative works from these images, ambient photographs, cropped photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, is strictly prohibited. ARKANA LIVING is the owner of all copyrights on its designs, models and patents which are the property of ARKANA LIVING.
No assignment of intellectual property rights is made through these. Any reproduction, even partial, modification or use of these elements protected by a private right for any reason whatsoever is strictly prohibited and will constitute an act of counterfeit punishable under criminal and civil law.
12. LIMITATION OF LIABILITY
12.1 Use of the Website
Navigation on the Site www.arkanaliving.com is the sole responsibility of the users. ARKANA LIVING cannot be held responsible for breakdowns, errors, computer viruses which could hinder the continuity of access to its Site, or for any direct or indirect damage, in particular malfunctions in the computer installation of users which could be noted following access to the Site. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the seller's responsibility cannot be engaged in the event of an error in one of these photographs or one of these texts.
In the online sales process, the seller cannot be held responsible for any direct or indirect damage linked to the use of the internet such as loss of data, intrusion, virus or other technical problem.
12.2 Force majeure
The occurrence of a force majeure event within the meaning of case law and article 1218 of the Civil Code will result in the suspension of the obligations weighing on ARKANA LIVING. This breach of the contract cannot engage the responsibility of ARKANA LIVING. If the case of force majeure has a duration of existence greater than one (1) month, ARKANA LIVING may not honor the order, subject to reimbursing the Customer, if necessary, for the sums paid by him under the order concerned.
13.Informatics & Liberties
In accordance with the French law "Informatique et Libertés" n ° 78-17 of January 6, 1978 modified, you can ask to access the information which concerns you, to have them rectified, modified or deleted, or to oppose their treatment by Arkana Living by writing to contact@arkanaliving.com.
14.Applicable law
These General Conditions of Sale are subject to French law.
Relations between buyers and ARKANA LIVING SAS, under orders placed on the Site will be governed by French law. For any dispute relating to the contract between the seller and the buyer, the Antibes court will have sole jurisdiction.