I- SCOPE OF THE T&Cs
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company ATELIER AMOUR, a simplified joint-stock company with capital of €1,000, whose registered office is located at 67 rue du Général Jouvin 61340 Perche en Nocé registered with the RCS of Alençon under number 808 276 661, and represented by Mrs RACHEL BOUCHON in her capacity as President ("the Seller" or "ATELIER AMOUR") with non-professional buyers ("Customers or Customer "), wishing to acquire the products offered for sale by the Seller ("The Products") on the website www.atelier-amour.com They specify in particular the conditions of ordering, payment, delivery and management of any returns Products ordered by Customers. The Products offered for sale on the website www.atelier-amour.com are as follows:
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. These General Conditions of Sale are accessible at any time on the website www.atelier-amour.com and will prevail, where applicable, over any other version or any other contradictory document. The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the website www.atelier -love.com . These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. These General Terms and Conditions of Sale are in force and enforceable against users of the website www.atelier-amour.com , from the time they are put online. The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.atelier-amour.com . The Seller reserves the right to modify these T&Cs at any time by publishing a new version on the Site. The T&Cs are those in force on the date the order is placed. These GCS are permanently accessible at the following address: www.atelier-amour.com in a computer format allowing them to be printed and/or downloaded, so that the Customer can proceed to their reproduction or their backup and only in French. These GCS and the order summary sent to the Customer form a contractual whole summarizing all the agreements between the parties.
It is specified that purchases of Products on the Site are reserved for non-commercial natural persons who are consumers and who are over 18 years old and have full legal capacity.
The site does not allow the purchase of products for resale. As such, the Customer's attention is particularly drawn to the fact that any order may not exceed 20 items per order.
It is up to the Customer to select on the website www.atelier-amour.com the Products he wishes to order, according to the following methods:
- Product selection > add to basket > proceed to checkout > connection/creation of account > choice of delivery address > choice of delivery method > acceptance of the T&Cs > final summary of the basket > choice of payment method > payment by bank card / entry of bank details via Stripe or payment by bank transfer > validation of the order > sending of the order to the Customer.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.atelier-amour.com . The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website www.atelier-amour.com are not contractual and do not engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
Product offers are valid within the limits of available stocks, as specified when placing the order. The Seller's contact details are as follows:
67 rue du General Jouvin
61340 Perch in Nocé
Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered final after the Seller has sent the Buyer confirmation of acceptance of the order by e-mail – and after receipt by the latter of the full price – and after receipt by the latter of the entire deposit due. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website www.atelier-amour.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer will be able to follow the progress of his order on the website www.atelier-amour.com .
The Products are supplied at the prices in force appearing on the website www.atelier-amour.com when the order is recorded by the Seller. Prices are expressed in Euros, excluding and including tax. The prices take into account any reductions that may be granted by the Seller on the website www.atelier-amour.com . These prices are firm and not subject to revision during their period of validity, as indicated on the website www.atelier-amour.com. The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.atelier-amour.com and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
IV- PAYMENT CONDITIONS
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by bank card: Visa, MasterCard, Paypal; Wire Transfer.
In the event of payment by credit card, the debit of the card is only made when the order is dispatched. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions and above indicated. Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller. In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact ATELIER AMOUR by telephone on 0184202024 (non-surcharged call) or by email at firstname.lastname@example.org .
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
The Products ordered by the Customer will be delivered in France within 14 days from the dispatch of the order - the shipping time indicated on the Product sheet to which is added the processing and delivery time - to the address indicated by the Customer when ordering on the website www.atelier-amour.com . Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request. under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction. Deliveries are made by the carrier indicated at the time of the order, to the address mentioned by the Customer and to which the carrier can easily access.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer. The Customer is required to check the condition of the products delivered. He has a period of 14 days from delivery to formulate in writing (postal mail, e-mail, fax) any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already opened .. .), with all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 211-4 and following of the Consumer Code and those provided for in these General Conditions of Sale.
VI- TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said Products. Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.
VII- RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days at least following the communication of the withdrawal decision following the notification to the Seller of the Customer's withdrawal decision. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on the website www.atelier-amour.com , in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
VIII- SELLER'S RESPONSIBILITY
The Products sold on the website www.atelier-amour.com comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions of the legal guarantee of conformity, for Products which appear to be defective, spoiled or damaged or which do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, in compliance with the legislation in force.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the existence of hidden defects within a maximum period of 7 days from their discovery. The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts. Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account.
The responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
IX- COMPUTER AND FREEDOMS
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website www.atelier-amour.com has been declared to the CNIL under number N°1881450.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website www.atelier-amour.com .
X- INTELLECTUAL PROPERTY
ATELIER AMOUR is the holder of all the property rights attached to the Site and the elements that make it up and has the required licenses. It holds all the intellectual property rights and derived rights attached to the concepts, editorial content, videos and software used and/or distributed on the Site. In general, no provision of these General Conditions of Sale can be interpreted as conferring on the Customer, in an express or implicit manner, any right (under the terms of a license or by any other means) on the names, brands , acronyms, logos and other distinctive signs of ATELIER AMOUR or on any other right of ATELIER AMOUR attached, in particular, to literary and artistic property.
It is therefore prohibited to reproduce, modify, transfer or use all or part of the Site without the express written authorization of ATELIER AMOUR.
XI- MISCELLANEOUS PROVISIONS
Force Majeure. Concerning all of the Service Provider's obligations within these General Terms and Conditions of Sale, the Service Provider cannot be held liable for delays or non-performance, and without any fault or negligence on its part, in the event of force majeure defined according to the legal provisions in force. No Waiver. The fact for one of the Parties not to take advantage of a breach by the other Party of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver to the obligation in question. Nullity of a provision. The cancellation of one of the stipulations of these General Conditions of Sale will not entail the cancellation of these as a whole, except insofar as the disputed stipulation can be considered, in the minds of the signatories, as substantial. and decisive, and that its cancellation calls into question the general balance hereof. In the event of cancellation of one of the stipulations of these General Conditions of Sale, considered as insubstantial, the parties will endeavor to negotiate an economically equivalent clause.
XII- SETTLEMENT OF DISPUTES
These General Conditions of Sale are governed by and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. The Customer is informed that he may in any case resort to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. In the absence of a solution through an alternative dispute resolution method within 15 days, any dispute relating to the existence, validity, interpretation, execution and realization of these General Conditions of Sale ( or any of these clauses) will be under the exclusive jurisdiction of the courts within the jurisdiction of the Seller's registered office.
XIII- PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in Articles L111-1 to L111-7 of the Code of consumption, and in particular: (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Service and related costs (delivery, for example); (iii) in the absence of immediate execution of the contract, the date or the deadline on which the Service Provider undertakes to deliver the Service, (iv) information relating to the identity of the Service Provider, to its postal, telephone and electronics, and its activities, if they are not apparent from the context, (v) information relating to legal and contractual guarantees and their implementation methods, (vi) the functionalities of the digital content and, where applicable, to its interoperability; (vii) the possibility of resorting to conventional mediation in the event of a dispute; (viii) information relating to the right of withdrawal (not applicable in this case), the costs of returning the Products (not applicable with regard to the nature of the Service), the terms of termination and other important contractual conditions. The fact for a natural (or legal) person to order Services from the Service Provider implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Service Provider.
Any question relating to a reservation must be sent by email to email@example.com .
For any question or point not expressly mentioned, the Customer may also send a letter to:
67 rue du General Jouvin
61340 Perch in Nocé
In the event of a complaint, the Customer must send a letter by registered letter with acknowledgment of receipt, accompanied by a copy of a valid identity document, to the following address:
67 rue du General Jouvin
61340 Perch in Nocé