Please read these Terms and Conditions carefully before using our service.
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by CUSTOM ARTS (“the Seller”) with non-professional buyers (“the Customers” or “the Customer”) wishing to purchase products offered for sale by the Seller (“the Products”) on the website www.customarts.fr.
They specifically outline the conditions for ordering, pre-ordering, payment, delivery, and handling of any returns of Products ordered by Customers.
CUSTOM ARTS sells and accepts pre-orders for figurines of characters from anime, fiction, films, etc., intended for enthusiasts, some of which are very rare. Some of these items may be fragile and should be handled with care and by knowledgeable individuals.
The main characteristics of the Products, including illustrations, dimensions, and condition, are presented on the website www.customarts.fr. The Customer is required to refer to the description of each Product to understand its essential properties and features before placing any order.
The Customer is solely responsible for selecting and purchasing a Product.
Photographs and graphics displayed on the website are non-contractual and cannot engage the Seller’s liability.
Product offers are subject to available stock, as specified at the time of order.
These General Terms and Conditions, together with the order form, constitute an indivisible whole, forming the Contract. In the event of a contradiction between contractual documents, the information on the order form shall prevail.
These General Terms and Conditions of Sale are accessible at any time on the website www.customarts.fr and will prevail over any other version or contradictory document, if necessary.
The Customer acknowledges having read and accepted these General Terms and Conditions of Sale by ticking the designated box before completing the online ordering or pre-ordering process.
These Terms and Conditions may be amended from time to time; the version applicable to the Customer’s purchase is the one in effect on the website on the date of placing the order or pre-order.
ARTICLE 2 – ORDERS
A – Placing an Order
It is the Customer’s responsibility to select on www.customarts.fr the Products they wish to order, as follows:
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Selection of the Product
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Adding to the cart
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Cart validation
The sale becomes final only after the Seller sends an email confirming the acceptance of the order and after full payment is received.
The Customer must verify the accuracy of the order and immediately report any errors.
Any order placed on the website constitutes the formation of a distance contract between the Customer and the Seller. The Customer can track the status of their order on www.customarts.fr.
B – Product Availability
All Product orders are subject to availability. In case of supply difficulties or if the Product is out of stock, any amount paid will be refunded.
Pre-orders concern Products not in stock and in production. Pre-ordering allows the Product to be reserved and ensures its availability once it reaches the Seller and is ready for shipment.
ARTICLE 3 – PRICE
Products are provided at the prices listed on www.customarts.fr at the time the Seller records the order.
Prices are in Euros, including all taxes.
Prices do not include processing, shipping, transport, and delivery fees, which are charged separately and indicated before order confirmation.
The payment requested corresponds to the total purchase amount, including fees.
ARTICLE 4 – PAYMENT TERMS
A – General Conditions
The price is payable in full at the time the Customer places the order via secure payment by credit card through the Stripe payment solution.
The Customer expressly acknowledges that providing their credit card number authorizes the debit of their account for the items ordered.
The Seller reserves the right, in case of non-compliance with the payment terms or in case of past or ongoing disputes, to suspend or cancel the delivery of ongoing orders by the Customer.
No additional fees beyond the Seller’s costs for using a payment method may be charged to the Customer.
B – Pre-order Specifics
Reservation of Products in production (pre-orders) is made by paying the full price.
ARTICLE 5 – DELIVERY
Delivery will be carried out by postal service (Colissimo Suivi) to the address provided by the Customer at the time of order on www.customarts.fr.
Colissimo Suivi offers delivery within 48 hours in France and allows items to be collected at the nearest office if the Customer is absent on the delivery day, for up to 15 days.
Delivery times may vary due to force majeure (weather, strikes, etc.). Times indicated at the time of order are only indicative.
In case of significant delivery delay, the Customer must notify us at contact@customarts.fr. We will liaise with the postal service to initiate an investigation.
If the Product is found during the investigation, it will be delivered to the Customer’s address.
If the Product remains missing, a replacement will be sent without extra cost, subject to stock availability. Otherwise, a full refund will be issued.
In accordance with articles L.216-1 et seq. of the French Commercial Code, the Customer may, after a formal notice by registered mail with acknowledgment of receipt remains ineffective for a reasonable period, send their decision to terminate the sale to the Seller.
The Seller must refund any amount paid within fourteen (14) days from the date the Contract is terminated.
In case of non-collection or incorrect delivery address, CUSTOM ARTS reserves the right to charge for reshipping.
For pre-orders, production times may vary. Deadlines are indicative, but the Seller commits to providing updates on production and shipping.
Refunds for pre-orders are only possible for delays exceeding 12 months.
The Customer must check the Products upon delivery. Only unopened Products in original packaging can be returned.
The Customer has seven (7) days from delivery to report non-conformity or apparent defects with supporting evidence. Claims can be submitted via www.customarts.fr under “Track Your Order” or “Contact Us” using the Customer and Order numbers.
ARTICLE 6 – TRANSFER OF OWNERSHIP AND RISK
Regardless of the transfer of ownership date, risk of loss or damage passes only when the Customer physically takes possession of the Products, as per Article L138-4 of the French Consumer Code.
ARTICLE 7 – RETURNS AND EXCHANGES
A – Right of Withdrawal
The Customer has 14 days from receipt to exercise the right of withdrawal for exchange or refund, provided the Products are returned in original packaging and in perfect condition. Notification can be made via email to contact@customarts.fr.
Returns must include all accessories, manuals, and original packaging. Damaged or incomplete Products are not accepted.
Refunds include only the Product price and delivery fees. Return costs are borne by the Customer. Refunds will be made within 14 days of receipt by the Seller.
B – Pre-order Specifics
For pre-orders, the Customer also has a 14-day withdrawal period. Refunds will be processed within 14 days.
C – Return Request
The Customer must submit return requests within 14 days via www.customarts.fr under “Track Your Order.”
Products must be returned via registered Colissimo to:
CUSTOM ARTS
2, route de Montville
76770 Malaunay
Return shipping costs are borne by the Customer.
ARTICLE 8 – WARRANTY
Products comply with French regulations and are intended for non-professional use.
Legal guarantees cover:
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Conformity for defective or damaged Products (Articles L.217-4 et seq.)
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Hidden defects affecting usability (Articles 1641 et seq. of the Civil Code)
The Seller will refund, replace, or repair non-compliant or defective Products. Shipping costs will be reimbursed. Refunds will occur within 30 days.
The Seller is not liable for misuse, professional use, negligence, normal wear, accidents, or force majeure. Warranty is limited to replacement or refund.
ARTICLE 9 – FORCE MAJEURE
Neither Party is liable for delays or non-performance due to force majeure (natural disasters, transport disruptions, telecommunications failures, etc.).
The affected party must notify the other within 10 working days. Both parties shall assess the situation within one month. If the event exceeds three (3) months, either party may terminate the agreement.
ARTICLE 10 – NO WAIVER
Failure to enforce any obligation does not constitute waiver for the future.
ARTICLE 11 – PERSONAL DATA PROTECTION
CUSTOM ARTS processes personal data for order management. The data controller is Mr. Paolo De Sa Ferreira.
Data is retained for up to 5 years. Customers have rights to access, rectify, erase, or limit processing. Requests should be sent to contact@customarts.fr.
ARTICLE 12 – DISPUTE RESOLUTION
In accordance with French Consumer Code L.612-1, consumers may seek free mediation for contractual disputes.
CUSTOM ARTS contact:
2, route de Montville, 76770 Malaunay
contact@customarts.fr
Mediation within one year of the request can be done via: RLL
ARTICLE 13 – JURISDICTION
Any disputes are subject to French law. Failing amicable resolution, disputes fall under the jurisdiction of the Court of Appeal of ROUEN.