General These terms and conditions are contracted between the company NETART, proprietor of the website www.ateliersdefrance.fr registered with the RCS de Paris, number SIREN 484 779 798 situated at 102, avenue des Champs Elysées, 75008 Paris, hereafter referred to as “Ateliers de France” and any person who wishes to make a purchases via the website of Ateliers de France (www.ateliersdefrance.fr) hereafter referred to as “the Customer”.
Both parties agree that their dealings are governed exclusively by the present contract, to the exclusion of any other conditions previously published on the website.
If a condition is omitted, common usage currently in force in the mail-order sector for companies with headquarters in France will apply. The website www.ateliersdefrance.fr is hosted by BusinessShop (www.businesshop.com).
• Acceptance
The act of placing an order for goods on the website www.ateliersdefrance.fr implies total acceptance with no reserve of our Terms and Conditions of Sale. The Customer confirms that he/she has read and accepted each of the clauses of these Terms and Conditions of Sale. The Customer confirms his/her acceptance by creating an electronic signature when clicking on “confirm and pay”, and sending his/her banking details to our partner, Société Générale/Sogenactif, for electronic payment, or by sending a French cheque, bank transfer or mandate for the amount of the order. The Customer also declares that he/she is legally entitled to enter into the present contract.
• Purpose
The present Conditions aim to define the conditions of sale between Ateliers de France and the Customer: from ordering to payment and delivery. They govern all the necessary stages of placing an order to ensuring follow-up of the order between the contracted parties.
1. The Order
The Customer places his/her order on-line using the website references. The order can only be registered on the site once the Customer has created a customer account and has been clearly identified by his/her email address and password. An email sent to the Customer providing an order number and details of the order serves as acceptance of the order. The order implies acceptance of the price and description of the products available for sale. Atelier de France undertakes to respect all orders received on its website only while stocks last. Should an article not be available, Ateliers de France undertakes to inform the Customer as soon as possible and to reimburse the unavailable product by credit/debit card or by cheque within 30 days. Ateliers de France reserves the right to cancel an order by a customer with whom it is in litigation over payment of a previous order.
2. Delivery
The Customer can choose to have his/her order delivered: -to his/her home address -to a different address than the billing address
Atelier de France’s deliveries are made by the French Post Office using either Colissimo Suivi (recorded delivery), by UPS depending on the size of the order, or by Colis Postal pour l’International (international parcel service). Atelier de France undertakes to deliver ordered goods as fast as possible. On average, upon receipt of payment, a delivery will take 3-4 days for France, 4-6 days for Europe and on a case by case basis for other countries. Longer delays do not give rise to cancellation of the order, nor compensation for the customer. Atelier de France can not be held responsible for the consequences of a delayed delivery by the transporter. In order to follow up deliveries, on the day of the departure of your order Atelier de France will send the Customer a delivery number which can be tracked on the transporter’s website from the following day. There the Customer will be able to track the exact position of the order: - La Poste www.coliposte.net - UPS www.ups.com For deliveries to countries outside France, the Customer is considered as importing his/her ordered goods. All custom taxes and charges are exclusively at the expense of the Customer. The Customer is solely responsible for verifying the regulations applicable to importing ordered products relevant to the country of delivery. For deliveries outside the EEC and French overseas territory, extra customs and other importation taxes may be charged. Any such extra taxes will be at the expense and responsibility of the Customer, as well as any declaration or payment to local authorities. For delivery tariffs, please turn to “Delivery and Returns” in the main menu.
3. Returns
Atelier de France undertakes to reimburse or exchange goods that do not conform to the order. Following delivery of the parcel, the Customer has 48 hours to send an email to Atelier de France giving details of the problem (with a digital photo if possible). Once the order is delivered, if the packaging is damaged, the Customer must immediately verify the product. Details of any damage must be written on the delivery note (from La Poste or UPS) before accepting the delivery.
Goods must not be returned to us until the Customer has received written agreement from Ateliers de France. Postage costs of the return will be reimbursed to the value of the original delivery charge. Returns must be made within seven days following delivery of the order. Reimbursement will be made by credit card or cheque addressed to the name of the Customer who placed the order and sent to the billing address.
4. The Right to Retract
Within a time limit of seven working days the Customer may return, at his/her own expense, products that do not meet with expectations. This 7-day deadline starts from the day of delivery. Once the merchandise has been returned, the Customer will be reimbursed the paid price of the merchandise within 30 days from reception by Ateliers de France, on the condition that the merchandise is still in its original packaging.
5. Methods of Payment
The Customer may pay as follows : - secure on-line payment at the time of order by credit card (Carte Bleue, Visa, Mastercard, Eurocard) - by bank transfer: once the order has been placed, Ateliers de France will send the Customer an email with its banking details to enable the Customer to make the transfer. - by cheque in Euros from a French bank account: the Customer can print the order form and send it with the cheque by post to: Ateliers de France, 102 avenue des Champs Elysées, 75008 Paris, France. The cheque should be made payable to Ateliers de France. The Customer guarantees Ateliers de France that he/she has the necessary authorization to use a credit card for payment at the time of confirmation of the order. At no time of the payment process are credit card details held by Ateliers de France. Confirmation of the order by giving a credit card number and the expiry date serves as mandate for payment of the invoiced price (taxes and postage included) that the payment server transmits directly to the Customer’s credit establishment. Atelier de France makes every effort to ensure confidentiality and security of data transmitted on the web. It has therefore chosen the secure option from Société Générale/Sogenactif. Prices are given in Euros including all taxes. They include VAT relevant to the date of order. All orders must be paid in Euros. Any change in tax rates may be reflected in the product price. Tax rates are liable to be modified at any time.
6. Non-payment
In the case of non-payment of the total cost of an order, Ateliers de France reserves the right to give notice or summon the Customer. The legal costs will be at the expense of the Customer. Atelier de France reserves the right to claim back goods in the case of non-payment. The Customer undertakes to return immediately all unpaid goods to Atelier de France, with postage costs at his/her expense, on the first request from Atelier de France.
7. Signature and Proof
Providing on-line credit details and confirming an order serves as proof of the entirety of the said order in accordance with the law of 13 March 2000, and the payment listed on the order request is due. This confirmation serves as a signature and expressly accepts all the operations carried out on the site.
Responsibility
The merchandise on sale on the website of Ateliers de France is not suitable for children under 14 years of age. Certain models could contain sharp pieces or be dangerous (weight, etc). Atelier de France undertakes to provide all the necessary means for the process of purchasing from its website, through placing an order to delivery or after-sales services. Ateliers de France is not liable for any inconvenience or damages due to the use of Internet, in particular a disconnection, external intrusion or the presence of computer viruses, or any other force majeur, in accordance with the law.
Nominative Data Atelier de France reserves the right to collect data from the Customer, particularly cookies.
Intellectual Property All the elements of the website of Ateliers de France, whether visual or acoustic, including the technology and the contents, are protected by copyright, branding and patent laws. They are the exclusive property of Ateliers de France. Any customer who has a personal website and wishes, for personal use, to include a simple link connecting directly to the home page of the website www.ateliersdefrance.fr, must first request permission from Ateliers de France.
Entirety In the hypothesis where one of the clauses of the present contract were rendered null and void through a change in legislation, regulation or by a legal decision, this would in no case affect the validity and the respect of the present terms and conditions of sale.
Duration The present terms and conditions apply for the as long as Ateliers de France’s services are on-line.
In particular it includes VAT or other applicable taxes. Postage is invoiced according to the tariff listed on the order request. It is calculated according to the cumulative weight of each article, corresponding to the tariff rates given by the Post Office for Colissimo Suivi.
In application of the law of 12 May 1980, Ateliers de France retains the proprietorship of the merchandise until receipt of total payment from the Customer.
8. Payment
The price of the ordered articles is due in total to Ateliers de France as soon as the order request has been confirmed using one of the following payment methods:
Secure Payment by Credit card
Ateliers de France has put in place a secure on-line payment procedure by credit card, using encryption technology, a reference in secure payment. At the time of payment, the Customer gives his/her credit card number and expiry date which are immediately encrypted in his/her own computer before being sent to Ateliers de France’s bank (Société Générale) by Internet. Thus, no confidential data circulates on the web without having been previously encrypted.
Payment by Cheque in Euros
a) Click on “My Artefacts”, choose payment by cheque.
b) Make your cheque out to Ateliers de France and send it to the following address: 102, avenue des Champs Elysées, 75008 Paris.
c) When you reach the page “confirm order”, print out the page (order request) and send it with your cheque.
9. The Right to Retract
In the conditions provided for by article L121-15 of the consumer code, in the mail order section, the Customer is allowed a 7-day retraction period starting from the date of delivery of the merchandise, which will be reimbursed on receipt of the returned goods. The return of the goods is at the expense, risk and peril of the Customer.
10. Litigation
Complaints will always be well received, assuming good will on the part of he/she who takes the time to explain the situation. In the case of litigation, the Customer will direct his/her complaints to Customer Services. By default, the French Tribunal will be the only competent body.
11. Intellectual Property
When visiting the website created by Ateliers de France, who is the holder of all the intellectual property rights relevant to www.ateliersdefrance.fr , the Customer is forbidden to copy or download part or all of its content, without prior and express authorization from Ateliers de France. |