General terms & conditions of use

 

GENERAL VIEW

This website is operated by ARTHEMISCLOTHING. Throughout the site, the terms "we", "us" and "our" are used to refer to ARTHEMISCLOTHING. ARTHEMISCLOTHING offer you this website, including all the information, tools and services available from this website, the user, subject to your acceptance of all terms, conditions, policies and notices set out herein.

 

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service","Terms and Conditions"), including these additional terms and conditions and policies referenced herein and/or available through the hypertext link. These general terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content collaborators.

 

Please read these terms and conditions carefully before using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. If these general terms and conditions of sale are considered an offer, acceptance is expressly limited to these general terms and conditions of sale.

 

Any new features or tools that are added to the current store will also be subject to the general terms and conditions of sale. You can review the most current version of the service mandates at any time on this page. We reserve the right to update, change or replace any part of these service terms by posting updates and-or changes to our website. It is your responsibility to check this page periodically for changes.

 

The Seller is a publisher of ARTHEMISCLOTHING products and services exclusively for consumers, marketed through its websites (https://arthemisclothing.com)The list and description of the goods and services offered by the Company can be consulted on the above-mentioned websites.

 

ARTICLE 1: Purpose and general provisions

The present general Conditions of sale determine the rights and obligations of the Parties in connection with the sale on line of products offered by the seller.

These General Terms and Conditions (GTC) apply to all sales of Products, made through the Company's websites that are an integral part of the Agreement between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These T&Cs are available on the Company's website at arthemisclothing.com. The Company also ensures that their acceptance is clear and unreserved by setting up a link in the menu. The Customer declares that they have read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that they are in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom they undertake to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

 

ARTICLE 2: Price

The prices of products sold through the websites are indicated in US dollars and precisely determined on the Product description pages. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company's Internet sites are the responsibility of the Client. If applicable, also the costs of shipping.

ARTHEMISCLOTHING reserves the right to change the prices at any time of products purchased on subscriptions or not by the consumer without notice. The price in some conversions may also change according to this same rate since the base price is in USD.

 

ARTICLE 3: Conclusion of the online contract

The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢Information on the essential characteristics of the Product; ➢Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address...); ➢Acceptance of these General Terms and Conditions of Sale. ➢Checking the elements of the order and, if necessary, correcting errors. ➢Follow-up of payment instructions and payment of products. ➢shipping of the products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. They will receive a.PDF copy of these general terms and conditions of sale. For products delivered, the shipping will be done at the address indicated by the Customer. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

The buyer can change his order (address, product, etc.) or cancel it until the processing of the products.  After that, no further changes are possible. Please note that custom product can't be changed once it's in production. Custom products aren't refundable.

If the buyer wishes to cancel an order, they must return the items, at their own expense, to obtain a full refund. Custom product can't be refunded. If the buyer wants to cancel the custom products before the production, there's a 4.99USD fee + extra artists fee that aren't refundable at any moment.

 

ARTICLE 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies that they have received a detailed account of the costs of shipping and the terms of payment, and of the execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail in both French and English. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Products' offer and their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange defective products or products that do not correspond to the order. 

 

ARTICLE 5: Retention of title Clause

The products remain the property of the company until the full payment of the price.

 

ARTICLE 6: Modalities of shipping

The products are delivered to the address of shipping which was indicated at the time of ordering and the time limit indicated. This period takes into account the time required to prepare the order. When the Customer orders several products at the same time, they may have different delivery times according to the following procedures in order to send the order as quickly as possible. The Seller makes available several contact points indicated in the order confirmation email to ensure the tracking of the order as well as on the order tracking page on the site. The Seller reminds that at the moment the Customer is physically in possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

Products are shipped directly from our warehouse in China or United States. When the product is marked as delivered according to the tracking number, the Seller is not liable if the Customer claims not to have received the product. If the shipping address was incorrect, the buyer needs to pay the shipping fee to send again the product or the order can be canceled, expect for custom products. If the customer asks a refund when the package was refused or returned because of an incorrect shipping address, the refund will not include the shipping cost. Even if the shipping was free for the Customer at the moment of the purchase, ARTHEMISCLOTHING paid the shipping fee to send the package. In a case where the package was not delivered because of the customer, this fee is not refundable if customer asks for a refund.

 Shipping charges are non-refundable ($14.99 USD fixed for all products except all backpacks, and for all backpacks, the shipping cost is $20 USD.

 

ARTICLE 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an item for a period exceeding 10 working days, it will be indicated on the product page. If the product is a pre-order, it can't be refunded, only exchanged for another product at the same price value or less.

 

ARTICLE 8: Payment

Payment is due immediately upon order, including for pre-order products. The Customer may pay by credit card. Cards issued by banks domiciled outside Canada must be international bank cards (Mastercard or Visa) Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorizes the Seller to charge his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.

 

ARTICLE 9: Guarantees

According to the law, the seller assumes 2 guarantees: of conformity and concerning the hidden defects of the products. The seller exchanges all products defective or not corresponding to the order made if the customer contact ARTHEMISCLOTHING in a delay of 3 days after the reception of the order. It is not possible to get a full refund for a defective product. The customer can keep the defective product and ARTHEMISCLOTHING will send a new product for free.

If the customer wants a refund, the product needs to be returned to ARTHEMISCLOTHING in the original condition. The customer needs to pay the return shipping cost.

 

ARTICLE 10: Claims

Where applicable, the purchaser may submit any claim by contacting the company by means of the contact information on the Contacts page.

 

 ARTICLE 11: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of such property for any reason whatsoever is strictly prohibited.

 

ARTICLE 12: Force Majeure

The performance of the seller's obligations at the end of the present is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.

 

ARTICLE 13: Nullity and amendment of the contract

If any of the provisions of this Agreement were annulled, that nullity would not result in the nullity of the other provisions which will remain in force between the parties. Any contractual change is valid only after a written and signed agreement of the Parties.

 

ARTICLE 14: Protection of personal data

In accordance with the computer and liberties law of January 6, 1978, you have the right to interrogate, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to our collection and use of this data for the realization of this contract. By entering your email address on 1 of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the processing manager (the company) by letter RAR.

By ordering from arthemisclothing you agree that we may share your personal information, i.e. your name and address with our supplier in China or United States who is responsible for shipping the products. However, your payment information is not transmitted to our warehouse and is encrypted by Paypal or Shopify.

 

ARTICLE 15: Applicable law

All clauses contained in these terms and conditions, as well as all purchase and sale transactions referred to therein, will be subject to Canadian law. In case you'll like to sue arthemisclothing, it would take place in Montreal,Canada. 

ARTHEMISCLOTHING is not responsible for any accident caused by the products. It is very important to always keep your pet under strict surveillance when using our products. Always examine the product before usage.

It is the customer responsability to examine and try the product at the delivery and contact ARTHEMISCLOTHING if the product is damaged or has fabrication error. ARTHEMISCLOTHING will replaces the damaged product with a new product, totally free of charge.

 

ARTICLE 16: Origin of products

Several products are designed in Canada but manufactured in China, while others are designed in China as well.

ARTICLE 17: Refund Policy

ARTHEMISCLOTHING does not give any refunds except in certain cases that the Seller deems exceptional.

Exchanges are simple and easy, please read our exchange policy right here.

Please note that we cannot process exchanges / replacements or refunds 3 days after the reception of the product. You need to contact us in a delay of 3 days after the reception of your package if there is a problem with your order. Be sure to contact us as soon as possible. The product must also be in its original condition. There is no refund for a product that is broken or used by the customer. To be eligible to make an exchange your item must be unused and in the same condition as when you received it.

If you would like to request a product exchange, please write an email to info@arthemisclothing.com to confirm your purchase with your tracking number and give us the reason for the exchange.

ARTHEMISCLOTHING reserves the right to refuse exchanges in certain cases where the reason is not justifiable.

The customer is responsible for paying the shipping costs to our head office. The mailing costs are not refundable. When we receive the item, we will offer you a credit of its value so that you can get another more suitable size.

For an exchange of size, ARTHEMISCLOTHING offers a credit of the amount of the product upon receipt of the return package by the Customer. The Customer can thus buy the right size with the credit voucher at the time of checkout. 

ARTHEMISCLOTHING offers a lifetime warranty on certain products. The warranty is valid only once. A picture of the broken product is required as proof. The costs of shipping are at the expense of the buyer.

MADE ON ORDER PRODUCT

During Holiday Season or other important sales, ARTHEMISCLOTHING can offers pre-order products. This will be written on the product page. After the order is placed, it is not possible to cancel it or refund it. If you do not agree with the delay, please don't place an order with this product. Disputes and chargeback can't be accepted for additionnal delay when it is written on the product page.

 

ARTICLE 18: Custom products

ARTHEMISCLOTHING offers personalized products: personalized necklaces, personalized blankets and pillows and more. These products are custom-made and are not exchangeable or refundable. If the product is broken or if you receive the wrong one, you will get another. Just contact us.

To cancel an order: this is possible if the order is not being processed. There is a fee of 4.99 to cancel an order of a personalized product and the artist fee aren't refundable. If the personalized order is being processed and/or shipped, a refund is no longer possible.

ARTICLE 19: Assistance of animals

ARTHEMISCLOTHING helps animals in need. For all orders (shipping excluding fees) we donate a pourcentage of the profit to a shelter to make a difference in the lives of the animals. 

ARTICLE 20: Guarantees

ARTHEMISCLOTHING offers a warranty on certain products. The warranty is valid only once. A photo of the broken product is required as proof. The expenses of shipping are chargeable to the buyer.

ARTICLE 21: SMS

"Text Marketing and notifications:
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase. We are a Company from Canada and all laws are respected. Please read them if you are from another country to comply with them. 
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above."