Terms of sale
PREAMBLE
The online sales website https://artifactmokup.fr is managed by the sole proprietorship JuCaUp whose registered office is located at Le Bourg, 43340 Saint-Haon, France. Registered in the Répertoire des Métiers of Puy-en-Velay under SIRET number 99195392800017.
It is hereby specified that these conditions govern the sales of its products by JuCaUp to any natural or legal person making a purchase via the website https://artifactmokup.fr, hereinafter referred to as “the CLIENT”.
These General Terms and Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between JuCaUp and the CLIENT relating to the sale of the ordered products.
Any order placed on the website https://artifactmokup.fr requires the CLIENT to accept beforehand and without reservation the General Terms and Conditions of Sale in their entirety.
In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the CLIENT must not use the Website.
JuCaUp reserves the right to adapt or modify its General Terms and Conditions of Sale at any time and without notice, such adaptations or modifications then being applicable to all orders placed after the adaptations or modifications.
In the event of modification, the General Terms and Conditions of Sale applicable to the CLIENT’s order are those which were online and which the CLIENT accepted on the day the order was placed.
ARTICLE 1 – DEFINITIONS
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meaning indicated below (whether used in the singular or plural).
- General Terms and Conditions of Sale: designate this document, namely the terms and conditions applying to the relations between JuCaUp and the CLIENT.
- Order: designates the CLIENT’s purchase order for one or more Product(s) or Service(s) placed by use of the Website https://artifactmokup.fr or via Customer Service.
- Website: designates the website accessible at the address https://artifactmokup.fr
- Product: designates a product or Service offered for sale on the Website https://artifactmokup.fr
- CLIENT: designates a natural or legal person, consumer, who uses the Website https://artifactmokup.fr and acquires one or more Product(s), for their personal needs, having previously accepted the General Terms and Conditions of Sale.
ARTICLE 2 – PURPOSE
These General Terms and Conditions of Sale aim to define the contractual relations between JuCaUp and the CLIENT and the conditions applicable to any purchase made through the website https://artifactmokup.fr.
By accepting these General Terms and Conditions of Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to purchase on this online sales site.
The use of our products for any illegal or unauthorized purpose is prohibited.
JuCaUp retains the possibility to modify at any time these General Terms and Conditions of Sale, in order to comply with any new regulation or with the aim of improving the use of its site. Consequently, the applicable conditions will be those in force on the date of the CLIENT’s order.
ARTICLE 3 – PRICES
The prices appearing on the product sheets of the online catalog are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
JuCaUp reserves the right to modify its prices at any time, it being however understood that the price appearing in the catalog on the day of the order shall be the only one applicable to the CLIENT.
The products remain the property of JuCaUp until full payment of the price by JuCaUp.
Products on promotion will be marked by a “PROMOTION” label or by a crossed-out price; our promotions are valid within the limits of available stocks at the time of the order and during the display period.
For CLIENTS outside Metropolitan France, JuCaUp is required, in accordance with applicable law, to charge VAT on orders shipped to most countries of the European Union.
For CLIENTS outside the European Union and overseas territories, orders are not subject to VAT but may be subject to local taxes and customs duties in the country of receipt. These duties and amounts are not the responsibility of JuCaUp. They are payable by the CLIENT.
Warning: Any inaccurate information provided by the CLIENT with the aim of evading VAT may lead to civil fines and criminal prosecution.
The prices of the Products indicated on the site https://artifactmokup.fr do not include handling and shipping costs which are charged in addition to the price of the Products purchased and depending on the total amount of the order.
In certain countries, additional charges and customs taxes may be billed in addition to the price of the Products purchased.
ARTICLE 4 – ORDER
The contractual information is presented in the French language and will be the subject of a confirmation summarizing this contractual information at the latest at the time of delivery. JuCaUp reserves the right to cancel or refuse any order from a client with whom there is a dispute relating to the payment of a previous order.
To order Products on the Website https://artifactmokup.fr, the CLIENT may create an account by providing the information required in the registration form.
To this end, the CLIENT declares to provide complete, accurate, and non-erroneous personal information allowing precise identification in any situation. Any fanciful or defamatory personal information is likely to result in the closure of the CLIENT’s account and the cancellation of their Order.
The account creation section is directly accessible from the main menu bar. At each visit, the CLIENT, if they wish to order or consult their account (order status, personal information, etc.), must log in using this information.
ARTICLE 5 – PAYMENT
The price of the Products and the logistics preparation and delivery costs are payable in full by the CLIENT at the time of placing the Order.
The website https://artifactmokup.fr may offer the Client different payment methods to choose from:
- By credit card: after choosing the credit card payment method, the Client is redirected to the secure interface of the payment system to enter their personal credit card details securely. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by credit card is irrevocable.
- By bank transfer: after choosing the bank transfer payment method, and once the order has been validated, the Client receives confirmation of the registration of their order. In order to finalize their payment and trigger the processing of their order, the Client must make the transfer corresponding to the amount of their order to the JuCaUp bank account, the details of which are communicated to the Client at the end of the order. Upon receipt of the transfer, the order will be processed and the Client will be informed by email. The CLIENT has a maximum period of 5 working days for the transfer to be credited to the JuCaUp bank account. After this period, the Order will be automatically cancelled.
The Order is shipped only after effective receipt of the funds.
No payment in cash or by check should be made.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the Consumer Code, the Client has a period of fourteen working days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty.
The products must be returned in their original packaging, without having been used, accompanied by the initial signed delivery note. Return costs are the responsibility of the Client.
In accordance with Article L221-28, 3° of the Consumer Code, the right of withdrawal does not apply to Products customized or made according to the CLIENT’s specifications.
ARTICLE 7 – DELIVERY
The delivery of the Products will take place, after recording of the payment of the Order, at the delivery address indicated by the CLIENT during the placing of the Order. An email will be sent to the CLIENT to inform them of the shipment of the Products. The CLIENT has the option to choose between different delivery methods.
Shipping costs are calculated according to the chosen delivery method (home, pickup point, post office...), the size, the weight of the parcel and the place of destination.
The transfer of risks occurs upon delivery of the Products to the CLIENT.
In case of a damaged parcel or missing Product, the CLIENT must make precise reservations on the delivery note and confirm them in writing to the carrier within 3 working days (Article L.133-3 of the Commercial Code) as well as inform JuCaUp.
Delivery times are given for information purposes only; in case of a delivery delay of more than 30 days, the CLIENT may:
– either maintain their Order and agree on a new delivery time,
– or terminate the contract and obtain a full refund of the amounts paid.
ARTICLE 8 – SHIPPING PROTECTION UP OPTION
When placing your order, you have the possibility to subscribe to the Shipping Protection UP option.
This optional service offered by Artifact MokUP covers your parcel against most situations not covered by the legal warranties, from its shipment until the receipt of your parcel.
If you choose this option during payment, its cost is added to the total amount of your order.
This service constitutes an optional internal commercial guarantee. This service is a paid extension of our after-sales service which offers additional guarantees not covered by the legal warranties and is established within our company JuCaUp.
Covered cases:
- Parcel lost by the carrier.
- Parcel stolen (proof of non-receipt required).
- Parcel damaged during transport.
- Product received not in conformity.
- Parcel returned to the sender for non-collection.
Excluded cases:
- Delivered to the wrong address due to an address error or incorrect delivery instructions indicated by the client.
- Damage related to misuse by the client after receipt.
- Claims made after the deadline.
- Delivery delays independent of our will.
- Parcel considered as “delivered” by the carrier with proof of deposit (proof of scan or photo), unless the client provides contrary proof.
- Minor aesthetic defects related to the artisanal nature of the product (color variations, wood grain, natural irregularities).
- Any situations outside the transport of the parcel.
- Claims made through another channel than by email address or mail.
To make a claim, contact the service at the email address artifact.mokup@gmail.com indicating your order number and, if possible, photos of the parcel or the concerned product.
Artifact MokUP may propose, depending on the case, a full refund, a credit, or a free reshipment of the concerned product.
A response will be provided within one week.
Claims must be submitted within 30 days from the date of receipt of the parcel, or, in case of non-receipt, within a maximum period of 60 days after the date of shipment.
The refund will be made by the same means of payment as that used for the order.
The Shipping Protection UP does not constitute an insurance contract within the meaning of the Insurance Code, but a complementary commercial guarantee managed directly by our company.
It is added to the legal guarantees of conformity and hidden defects provided for by Articles L.217-3 and following of the Consumer Code and 1641 and following of the Civil Code.
ARTICLE 9 – WARRANTIES
All the products offered by JuCaUp on the website https://artifactmokup.fr benefit from the legal guarantee of conformity (Articles L217-3 to L217-20 of the Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code).
In case of non-conformity of a sold product, it may be returned to JuCaUp which will take it back, exchange it, or refund it. All claims, requests for exchange or refund must be made by mail or electronically to the address of the company indicated in Article 17, within thirty days after delivery.
ARTICLE 10 – LIABILITY
The company JuCaUp has, for all stages of access to the site, of the order process, of delivery, of customer service or of subsequent services, only an obligation of means. The responsibility of JuCaUp cannot be engaged for all the inconveniences or damages inherent to the use of the internet network, notably loss of data, intrusion, virus, service interruption, and other involuntary problems, or for any fact qualified as force majeure, nor in case of bodily harm caused to the CLIENT, in accordance with case law.
Computerized records kept in JuCaUp’s information systems under reasonable security conditions will be considered as proof of communication, orders, and payments made between JuCaUp and the Client.
ARTICLE 11 – SECURITY
The site https://artifactmokup.fr is subject to a security system: the SSL encryption method has been adopted, and all scrambling and encryption procedures have also been reinforced to protect as effectively as possible all sensitive data related to payment methods.
ARTICLE 12 – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, models, designs, handcrafted creations and images reproduced on the site https://artifactmokup.fr are reserved under copyright as well as under intellectual property rights for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different, or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the site https://artifactmokup.fr is strictly prohibited, whether in the form of photo, logo, visual or text.
ARTICLE 13 – PERSONAL DATA
All the data that you entrust on the site https://artifactmokup.fr are in order to process your orders.
Certain security and tracking functionalities (such as reCAPTCHA v3 from Google and 17Track) may collect browsing data. Their use is governed by their own privacy policies.
Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files, and freedoms, you have with the seller a right of correction, consultation or modification and deletion of the data that you have communicated to us. This right can also be exercised online.
The processing of personal data is governed by our Privacy Policy, compliant with Regulation (EU) 2016/679 known as GDPR, accessible at any time on the Site at the address:
https://artifactmokup.fr/policies/privacy-policy
ARTICLE 14 – CONSUMER DISPUTE MEDIATION
In accordance with the provisions of the Consumer Code concerning “the process of mediation of consumer disputes”, after having contacted us (JuCaUp - Artifact MokUP) and in the absence of a response satisfying you, you have the right to freely use the mediation service proposed below.
The proposed consumer mediator is: CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice.
This mediation mechanism can be contacted by:
- electronic way: litiges@cm2c.net
- or by post: 49 rue de Ponthieu 75008 PARIS, France
- Website: https://www.cm2c.net/declarer-un-litige.ph
In accordance with Article L612-2 of the Consumer Code, one of the preliminary conditions for the examination of the dispute by the mediator is the following: the consumer must justify having previously attempted to resolve their dispute directly with the customer service of JuCaUp, by a complaint sent by postal or electronic mail according to the contact methods defined in Article 17.
You will find more information on dispute mediation on this page.
ARTICLE 15 – FORCE MAJEURE
The execution by JuCaUp of all or part of its obligations, in particular of delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of any kind.
JuCaUp will inform the CLIENTS of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the CLIENT will have the possibility to cancel the current order, and then the refund of the price of the ordered Products and the paid delivery fees will be made.
ARTICLE 16 – APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic. In case of difficulty arising on the occasion of the Order, the delivery of the Products and more generally the execution of the sale, the CLIENT will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a consumer association or any other advisor of their choice.
ARTICLE 17 – CUSTOMER SERVICE
For any information or question, customer service is at your disposal:
- By text chat on our site
- By email: artifact.mokup@gmail.com
- Contact form on site: https://artifactmokup.fr/pages/contact/
- Postal address: Le Bourg, 43340 Saint-Haon, France