General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These General Terms and Conditions of Sale ("GTC") determine the rights and obligations of the parties in connection with the online sale of Products offered by the company L'Atelier d'Eva ("the Company").
1.2 Any order placed on the website L'Atelier D'Eva assumes prior acceptance without restriction of these Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He acknowledges that he has the full capacity to commit himself when placing an Order and undertakes to provide truthful information as to his identity.
1.4 EXCLUSION: Persons acting as professionals, i.e. natural or legal persons, public or private, who are acting for purposes that fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of, or on behalf of, another professional, are expressly excluded from the scope of the present GCS.
Professionals wishing to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment (or of the first payment in the event of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: https://www.latelierdeva.com/ and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her shopping basket. Once their selection is complete, they must confirm their basket in order to proceed with the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the Products selected, the corresponding prices, the delivery terms and costs. It is then up to the Customer to check and, if necessary, correct the contents of their basket.
These GTC. It is the Customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the shopping basket and reading the GTC (2nd click) shall be deemed to constitute the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to make payment on his/her part.
The Customer is then redirected to the payment page. The Client may choose between the different payment methods offered and proceed with the payment of his/her Order.
After having validated his/her Order and made his/her payment, the Client shall receive a confirmation message from the Company on the e-mail address he/she provided to create his/her account. This message contains, in pdf format:
The summary of the order (selected product, price, terms and delivery charges);
The precise identification of the company L'Atelier d'Eva and its activity;
The number of the Order;
The terms, conditions and withdrawal form;
The present GTC in pdf format.
If the Customer does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the website.
The Customer will then receive a purchase invoice in electronic format, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him/her in electronic format, as these documents can be used as proof of the Contract.
2.2 Cases in which the Company may refuse to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the GTC;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud concerning the Order (supported by a body of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as information on the use of the product, where applicable.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products oﬀerted for sale have no contractual value. The validity period of the oﬀre of the Products as well as their prices is specified on the Company's websites.
3.2 Availability of the Products
The offers of Products are valid within the limit of the stocks available from our suppliers. This availability of Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in the case of Products indicated as pre-orders on the Product page), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the Client has validated the Order, the Company shall immediately inform the Client by e-mail. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any sums paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these shall be delivered to the Client and the delivery costs shall not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the
websites The reference price of the Products offered on the website is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.
4.2 Modification of the prices indicated on the
websites The prices of the Products are indicated on the pages of description of the Products. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of the Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully charged to the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order has been validated.
The Company may, in exceptional circumstances, grant payment in several instalments, in particular in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request to this effect by contacting the Company's Customer Service Department at the following address: firstname.lastname@example.org.
5.2 Payment methods
To pay for the Order, the Client may choose between different payment methods:
Payment by bank card:
Only bank cards linked to a bank establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number is tantamount to authorising the debiting of his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of 1,000 €.
It is emphasized that in case of recourse to this method of payment, the General Terms and Conditions of Use of Paypal, which are available on their site, are added to the present GTC.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of any attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed to cancel the Order outright.
In general, in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order.
The Company reserves the right to set up an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send the Company, by e-mail or by post, a copy of an identity document, proof of address as well as a copy of the bank card used for payment. Precise indications on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will only be validated once the documents sent have been received and verified.
Article 6 - DELIVERY - RECEPTION
Before validating the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Once the Client has chosen the delivery method, the Company shall provide the Client with an estimate of the delivery time.
The Company shall do everything in its power to ensure that the Product(s) is (are) delivered on or before the scheduled delivery date. In case of difficulty, the Company undertakes to contact the Client promptly to inform him/her and to seek an appropriate solution.
The shipping and/or delivery of the Product(s) will be fully paid for by the Client ("Shipping Costs"). These delivery costs are included in the final price invoiced to the Customer at the time of the Order.
Depending on the method chosen by the Customer, delivery will be made either to the address given by the Customer.
It is therefore the Customer's responsibility to check the information provided for delivery, as he/she alone is responsible for any failure to deliver due to incomplete or erroneous information.
6.2 Delivery by recorded delivery
You have opted for the postage in tracked letter, if your order franked in tracked letter is stipulated as "delivered" by the services of the Post office whereas you did not receive this one, we decline any responsibility (the statute of the post office being taken as proof in these circumstances).
In this case, please have your Tracking Number transmitted by email and/or sms and please claim it from your post office or the postman who notified the delivery.
We do not cover theft or misdelivery of mail by the Post Office
Upon receipt of the Product, the Client undertakes to check that the Product is complete and that it is not damaged.
In the event of an anomaly, the Client must contact the Company's Customer Service Department within three days (excluding public holidays) of the date of receipt of the Product. Any claim made after this deadline shall not be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Client has the right to withdraw from the Sales Order, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. In the case of an Order comprising several Products, this period shall run from the date of receipt of the last Product.
In the event that the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs shall be reimbursed, with the cost of returning the Product(s) to the Customer being borne by the latter.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalised;
The supply of goods likely to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the time of conclusion of the contract depends on fluctuations in the market beyond the trader's control;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency;
Of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Of the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
Concluded at a public auction;
7.3 Methods of exercising the right of withdrawal
To exercise his right of withdrawal, the Client must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending a statement unambiguous and expressing his intention to withdraw within the 14-day period mentioned above.
Model withdrawal form:
For the attention of the Company L'ATELIER D'EVA, Service Client, 31 ROUTE DE LEULINE, ZUDAUSQUES 62500.
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Name of the Product:
Date of order and receipt:
Follow-up number of the withdrawal request:
Name of the Customer:
Address of the Customer:
Signature of the Customer: (only in the case of notification of this form on paper
This form must be sent to the Company at one of the following addresses:
For a paper dispatch, to L'ATELIER D'EVA, 31 ROUTE DE LEULINE, 62500 ZUDAUSQUES
For an electronic dispatch, to the following address: email@example.com
The Client has a period of 14 days as from the dispatch of the notification of his retraction to send the Product back to the Company in its original packaging, with the cost of returning it to the Company to be borne exclusively by the Client
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In the event of receipt of Products that are open, used, incomplete, damaged or soiled, the Company will not proceed with any reimbursement and may even, if it deems it necessary and appropriate, engage the Client's liability for depreciation of the Product.
In the event of return of the Product under the conditions provided for by the law and these GTC, the Company will proceed with the reimbursement of the totality of the sums paid by the Client, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the refund after the returned Product has been received and checked.
This refund will be made using the same means of payment as the one used by the Client to pay for the Order, unless the Client expressly agrees to a different means of payment. In the event of payment by gift voucher/promotional code, the Client shall be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company shall remain liable for any defects in the conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code, as well as for any latent defects in the goods sold in accordance with Articles 1641 et seq.
When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer:
Has a period of 2 years from the date of delivery to take action
Can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code
The Customer is exempted from proving the existence of a lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects as defined in article 1641 of the French Civil Code, the Customer may choose between the resolution of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Code de la Consommation
"The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or carried out under his responsibility."
L.217-5 Code de la Consommation
"The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by him. »
L.217-9 Code de la Consommation
"In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."
L.217-12 Code de la Consommation
"The action resulting from the defect of conformity is prescribed by two years from the delivery of the good."
1641 of the Civil Code
"The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them."
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...]"
8.2 Manufacturer's warranty
Some Products on sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of warranty is mentioned, where applicable, on the specific page of the Product.
If the Client wishes to make use of this warranty, it is advisable that he/she informs the Company by contacting Customer Service and that he/she himself/herself consults the terms and conditions for the application of the warranty, which are generally inserted in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including name, surname, delivery address, etc.. This data is absolutely necessary to process the Order, to manage the commercial relationship, to produce statistics and to comply with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
If the Client fails to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the Company, but may be passed on to companies that contribute to the performance of the service, in particular those that deliver the Products or process the payments.
With regard to this personal data, the Client has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal, outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying, with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, deletion and communication of your personal data
Right to withdraw consent to the carrying out of certain processing operations (processing operations carried out prior to the withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
To exercise his rights, the Client can send a request to the Company, by means of:
a letter addressed to the Company L'ATELIER D'EVA, 31 ROUTE DE LEULINE, 62500 ZUDAUSQUES
The request must mention the Client's e-mail address, surname, first names, postal address and must be accompanied by a copy of his front and back identity document.
A reply will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.
The brands, 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 Company or of their initial owner. No transfer of intellectual property rights is made through these GTC.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for failure to perform its obligations under these GTCs in the event of a fortuitous event or force majeure that would prevent their execution. The Company shall notify the Customer of the occurrence of such an event as soon as possible.
Article 12 - DISCLAIMER
Notwithstanding any provision to the contrary set forth herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including, without limitation, any modification or alteration of the Product(s) not authorized by the Company
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTCs, or in a general way the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or terminated shall not be entitled to place further orders or create a new account on the Web Site without the Company's prior authorisation.
Article 14 - ARCHIVING - PROOF
Unless proven otherwise, the information recorded by the Company shall constitute proof of all transactions.
At the time of each Order, the Order summary is sent by e-mail to the Client and archived on the Company's website.
Communications between the Company and the Client are archived on computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, orders, order details, as well as invoices is eﬀected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements on request at firstname.lastname@example.org.
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GTC are null and void, it will be deemed unwritten, but will not lead to the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTC, regardless of the frequency and duration, shall not constitute a modification of the GTC, nor generate any right whatsoever for the Client.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are subject to French law.
In the event of any difficulty whatsoever, the Customer Service Department is at your disposal to find an amicable solution.
If no solution is found directly with the Customer Service Department, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.