Terms of sale

PREAMBLE
These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into between, on the one hand, ARKANA LIVING SAS, with share capital of €10,000, registered with the Antibes Trade and Companies Register under number 881 191 001, having its registered office at 1165 chemin des Combes, 06600 Antibes, France (hereinafter the “Company” or “Arkana Private”), and, on the other hand, any natural or legal person making a purchase on the website www.arkanaprivate.com
, hereinafter referred to as the “Customer”.
Arkana Living operates exclusively as a distance-selling business. No public reception is provided at the registered office address.
Any purchase made on the website www.arkanaprivate.com
 (hereinafter the “Site”) automatically implies full acceptance of these terms and conditions without restriction or reservation.

ARTICLE 1: DEFINITIONS
Customer: any user (consumer or professional) who purchases a Product via the Site.
Order: the process of selecting Products, validating the basket and making full payment by the Customer.
Contract: these GTC, including the preamble and the following articles.
Personal Data: all information relating to the Customer provided during the Order.
Products: all furniture, decorative items and accessories offered for sale on the Site.
Site: the e-commerce platform accessible at www.arkanaprivate.com.

ARTICLE 2: PURPOSE AND CURRENT VERSION
2.1 These GTC define the conditions under which Customers may access the Site, place Orders and manage their relationship with Arkana Private.
2.2 They apply to the exclusion of all other conditions, including those applicable to in-store sales or other distribution channels.
2.3 Arkana Private reserves the right to amend these GTC at any time. The applicable GTC are those in force at the date of Order validation.
2.4 The Customer declares that, prior to placing an Order, they have received all necessary information regarding the Products, prices and delivery terms. The Customer acknowledges that they are solely responsible for their choice of Products and their suitability for their needs.

ARTICLE 3: PRICES, CURRENCIES AND CUSTOMS REGIME (DDP/DAP)
3.1 Display: Prices are indicated in Euros (EUR), inclusive of all taxes, or in the currency selected by the Customer (CHF, USD, etc.).
3.2 Deliveries outside the European Union (DAP regime): By default, for all deliveries outside the EU, customs duties, local VAT and other import taxes are borne exclusively by the Customer.
3.3 DDP Deliveries (Delivered Duty Paid): In exceptional cases where an offer is explicitly stated as “DDP” or “DDP incl. taxes” (notably for Switzerland) on the invoice, the Company will bear all taxes and customs formalities. In the absence of such written mention, the standard regime applies (taxes payable by the Customer).

ARTICLE 4: PRODUCT REPRESENTATION AND DIGITAL OPTIMISATION
4.1 Arkana Private endeavours to present and describe its Products as accurately as possible.
4.2 Visual Optimisation: The Customer is informed that digital staging techniques, artistic optimisation and AI-generated renderings may be used on the Site to provide ultra-realistic product presentations.
4.3 These illustrations are non-contractual presentation suggestions. The Company shall not be held liable for minor variations in colour, texture or rendering resulting from digital tools or the Customer’s display screen.

ARTICLE 5: DELIVERY TERMS AND HEAVY VEHICLE ACCESSIBILITY
5.1 Location: Delivery is made to the “doorstep”, i.e. at the gate of a house or at the entrance of a building.
5.2 Accessibility Guarantee (Mandatory Clause): The Customer guarantees that the delivery address is accessible to heavy goods vehicles (e.g. 19-tonne lorry or articulated truck). It is the Customer’s responsibility to ensure that access roads are suitable, authorised and free from restrictions (narrow roads, unpaved paths, weight limits, local regulations).
5.3 Inaccessibility: If delivery cannot be completed due to undisclosed geographical constraints or impractical access, return-to-warehouse and redelivery costs using a suitable vehicle will be borne entirely by the Customer.
5.4 Inspection and Reservations: The Customer must unpack the product in the presence of the carrier. Any damage must be clearly noted, dated and justified on the delivery note. The mention “subject to unpacking” has no legal value. Without proper reservations, no claims for transport damage will be accepted.

ARTICLE 6: PAYMENT AND TRANSACTION SECURITY
6.1 Payment methods: Payment may be made by Carte Bleue, Visa, Mastercard, American Express, Apple Pay, Google Pay, Shop Pay, PayPal or bank transfer.
6.2 Security: Arkana Private implements all necessary measures to ensure secure and confidential payments. The Site uses Shopify Payments, which complies with PCI-DSS standards and supports 3D Secure. Payment data is fully encrypted and never stored on the Site.
6.3 Orders are final only once full payment has been received and validated by the banking institutions.

ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 In accordance with Articles L.221-5 and L.221-18 et seq. of the French Consumer Code, the Customer has 14 days from delivery to return any new product in perfect condition in its original packaging. Products returned incomplete, damaged, soiled or used will not be accepted.
7.2 Exclusions: Products made to the Customer’s specifications or clearly personalised (custom-made products) are excluded from the right of withdrawal.
7.3 Return costs are borne exclusively by the Customer. To exercise this right, the Customer must notify their decision by email to contact@arkanaprivate.com
 before the expiry of the legal period.

ARTICLE 8: WARRANTIES AND NATURE OF PRODUCTS
8.1 Origin and seller’s role: Arkana Private selects and markets Products designed and manufactured by professional partners, without manufacturing them itself unless expressly stated otherwise. Products are offered as part of Arkana Private’s artistic direction and exclusive selection.
As the seller, Arkana Private remains the Customer’s sole contractual interlocutor and assumes full responsibility for all applicable legal warranties.
8.2 Legal warranties: Products benefit from the legal guarantee of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), under the conditions provided by law, for a period of two years from delivery.

ARTICLE 9: INTELLECTUAL PROPERTY
This Site constitutes a protected intellectual work. Arkana Living, as author, holds exclusive rights over all content (texts, logos, AI or real images, structure). Any reproduction, representation or distribution, even partial, without prior authorisation is strictly prohibited and constitutes infringement subject to civil and criminal proceedings.

ARTICLE 10: FORCE MAJEURE
The Company’s obligations shall be suspended in the event of force majeure or unforeseen circumstances (strikes, severe weather, fires, natural disasters, transport disruptions) preventing performance, in accordance with Article 1218 of the French Civil Code.

ARTICLE 11: LIMITATION OF LIABILITY
Arkana Private shall not be held liable for damage resulting from improper use of the Products by the Customer, nor for issues related to the use of the Internet (interruptions, malfunctions or unavailability of the Site).
In any event, and within the limits permitted by law, the Company’s liability shall not exceed the total amount of the Order actually paid by the Customer. This limitation does not apply in cases of gross negligence, wilful misconduct, or mandatory legal warranties.

ARTICLE 12: MEDIATION AND DISPUTES
In the event of a complaint or dispute, the Customer is invited to contact Arkana Private’s customer service at contact@arkanaprivate.com
 in order to seek an amicable solution.
12.1 Mediation – Consumer Customers
In accordance with the French Consumer Code, if no amicable solution is reached, the Customer acting as a consumer may refer the matter free of charge to CM2C (Centre for Consumer Mediation by Justice Conciliators). Failing agreement, disputes shall be brought before the competent courts in accordance with applicable consumer law.
12.2 Disputes with Professional Customers
Any dispute relating to the interpretation, validity or performance of these GTC between the Company and a professional Customer shall fall under the exclusive jurisdiction of the Commercial Court of Antibes, notwithstanding multiple defendants or third-party claims, including for interim or protective proceedings.

ARTICLE 13: APPLICABLE LAW
These GTC are governed by and interpreted in accordance with French law, regardless of the Customer’s country of residence. Jurisdiction shall be determined in accordance with applicable legal provisions, particularly those relating to consumer protection.
Version in force as of 29 January 2026