TERMS OF SALES
Consumer customer
Preamble
We insist that in no case does lithotherapy replace traditional medicine and that no treatment should be stopped to heal only with minerals. Otherwise, our responsibility cannot be engaged.
Lithotherapy only comes in addition. Its effects are felt differently depending on each person and we cannot certify that you will be receptive: lithotherapy does not rely on any scientific evidence.
No therapeutic or medical goal should be sought: lithotherapy replaces neither treatment nor medical consultation.
The presentation and content of the site constitute a work protected by copyright, of which EVA workshop is the owner and holder of the rights. Any reproduction, integral or partial for purposes other than strictly personal use is systematically subject to the prior and express authorization of the EVA workshop.
The lack of authorization is sanctioned by the crime of copyright counterfeiting.
Likewise, the brands and logo on the site are registered and protected marks, owned by the Atelier d'Eva. Any reproduction or copy of verbal and figurative brands belonging to the EVA workshop without its express prior authorization will be qualified as a branded counterfeiting.
Article 1 - General provisions - Field of application
1.1 These General Conditions of Sale ("GTC") determine the rights and obligations of the parties within the framework of the online sale of products offered by the Atelier d'Eva ("the company").
1.2 Any order placed on the EVA workshop website requires prior acceptance and without restriction on these general conditions of sale, which are subject to French law. These CGVs are therefore an integral part of the contract between the customer and the company. They are fully enforceable against the customer who declares that they have read it and have accepted them, without restriction or reserve, before placing the order.
1.3 These GTC apply to any order placed by a major natural person acting as a consumer. The customer therefore attests that he is a natural person over 18, acting for purposes that do not fall within the framework of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having full capacity to commit when he orders and undertakes to provide truthful elements as to his identity.
1.4 Exclusion: Are expressly excluded from the scope of these GTCs acting as professional, that is to say natural or legal persons, public or private, who act for purposes in the context of their commercial activity, industrial, craft; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish 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 the first payment in the event of multiple payments) of the order. The company reserves the right to modify them at any time, by the publication of a New version on its website. These CGVs can be viewed 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 buy one or more products on the site, the customer selects each product and adds it to their basket. Once his selection is completed, he must confirm his basket to order (1st click)
At this stage, the customer is redirected to a page containing:
A summary of the selected products, the corresponding prices, the terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket.
The CGV. It is up to him to read them carefully before validating the entire order.
This validation of the order after verification of the basket and reading of the GTC (2nd click) is worth conclusion of the contract and the customer acknowledges that the 2nd click leads to a payment obligation on their part.
The customer is then redirected to the payment page. He can choose between the different payment methods offered and pays his order.
After validating his order and making his payment, the customer receives, on the email address he communicated to create his account a confirmation message from the company. This message contains, in PDF format:
The summary of his order (selected product, price, methods and delivery costs);
The precise identification of the company L'Atelier d'Eva and its activity;
The order number;
The terms, conditions and withdrawal form;
These GTCs in PDF format.
In the event of non -receipt of the order confirmation, the Customer is recommended to contact the company via the contact form on the site.
The Customer then receives a purchase invoice sent in electronic form, 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 in electronic format since these documents can be produced as proof of the contract.
2.2 Case of refusal to validate the order by the Company
The Company reserves the right to refuse your order for any legitimate reason, of which for example:
Command not in accordance with GTC;
Quantities ordered not corresponding to normal use by a consumer customer;
Non-payment of a previous order or current dispute concerning a previous order;
Suspicion of fraud on the order (supported by a bundle of concordant clues).
Article 3 - Specials and availability of products
3.1 Products specifications
The essential characteristics of the goods and their respective prices are made available to the customer on the company's websites, so, if necessary, only information on the use of the product.
Although the company reasonably monitors that the specifications are accurate, the said specifications, subject to certain exceptions, such as tariff information, is given by the suppliers of the company. Consequently, the company declines all responsibility for any errors which can be contained in the specifications.
The specifications are presented in detail and in French. The parties agree that the illustrations, videos or photos of the products that are for sale have no contractual value. The period of validity of the products of the products as well as their prices is specified on the websites of the company.
3.2 Product availability
Product offers are valid within the limits of stocks available from our suppliers. This availability of products is normally indicated on the specific product page.
However, insofar as the company does not proceed to the reservation of stock (except in particular cases of products reported in pre-order on the product sheet), the basket of a product does not absolutely guarantee the availability of Produced as well as its price.
In the event that a product becomes unavailable after validation of the customer's order, the company will immediately inform it by email. The order will be automatically canceled and the company will reimburse the price of the product initially ordered, as well as any amount paid under the order.
However, if the order contains other products than that which has become unavailable, they will be delivered to the Customer and the delivery costs will not be reimbursed.
Article 4 - Product price
4.1 Reference price indicated on sites
The reference price of the products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, this is a price determined according to the prices to which the product is commonly sold in a range of signs distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new price recommended for the product or as soon as the price practiced within the signs is changed.
4.2 Modification of the prices indicated on the sites
The prices of the products are indicated on the pages of description of the products. They are indicated excluding tax, excluding customs duties and excluding shipping costs. The company reserves the right to modify the prices of products at any time, in compliance with the applicable legislation.
The products ordered will be invoiced on the basis of the price in force on the site at the time of the validation of the order.
4.3 Product price
Insofar as many products are imported from abroad (excluding the European Union) on request from customers, the prices of products sold through websites are indicated in euros excluding taxes (excluding VAT and excluding customs rights) unless indications contrary. They are precisely determined on the pages of description of the products. They are also indicated in euros excluding tax (excluding VAT and excluding customs duties), unless otherwise indicated, on the product control page, and excluding specific shipping costs.
Product prices do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully borne by the customer, which is liable for these taxes as a recipient of the product.
Product prices (s) do not include packaging, packaging, shipping, transport, insurance and delivery costs of the products to the delivery address.
Article 5 - Payment of the price of products
5.1 Payment moment
Payment of the entire order price must be made just after validation of the order.
The company can, in an exceptional manner, give a payment in several times, in particular with regard to the amount to be settled and to the knowledge it has of the customer concerned. However, the company has no obligation to grant such payment terms. In the event of a specific situation, the customer may request it by contacting the company's customer service at the following address contact@latelierdeva.com.
5.2 Payment methods
To pay their order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards attached to a banking establishment located in France or international bank cards (Visa, Mastercard, American Express and Maestro) are accepted. The Customer guarantees the company that he has the authorizations necessary to pay with the bank card used. He expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his bank card number values his account permission to the competition of the total amount corresponding to the products ordered. The amount will be debited at the time of validation of the order.
Banking card payments are made via a secure payment platform and information on communicated bank cards benefit from the SSL encryption process.
Payment via Paypal
Paypal regulations are accepted up to a limit of € 1,000.
It is underlined that in the event of use of this payment method, the general conditions of use of Paypal, which are available on their site, are added to the CGV.
Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the company can be used to pay all or part of the order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to use fraudulent use of vouchers and/or promotional codes, the company may proceed with the outright cancellation of the order.
In general, in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment of the order, the company reserves the right to suspend and/or cancel 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 case of a dispute with a customer concerning a Previous command.
The company reserves the right to set up a procedure for verifying orders intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the customer may be asked to send by email or by mail to the company a copy of an identity document, proof of address as well as the copy of the bank card used to pay . Precise indications on the exact content of the requested information (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - Delivery - Reception
6.1 Delivery
Before the validation of the order, the company communicates to the Customer information concerning the different delivery methods as well as their respective rates. Following the choice of delivery method by the customer, the company communicates an estimate of the delivery period.
The company will make every effort to make the Product (s) SELF (s). At the latest on the date provided for delivery. In case of difficulty, the company undertakes to communicate quickly with the customer to inform him and seek with him an adequate solution.
Shipping and/or delivery of the product (s) will be fully supported by the customer ("delivery costs"). These delivery costs are included in the final price invoiced to the Customer when ordering.
Depending on the methods chosen by the customer, the delivery will be made, to the address mentioned by the customer.
It is therefore the responsibility of the Customer to check the indications communicated for delivery because he remains responsible solely in the event of a delivery defect due to incomplete or erroneous information.
If we receive the return of the order by La Poste's services following a lack of address from the customer (incomplete or inaccurate address), it will be possible to send this order to send this order but the costs In the amount of 3 € 10 will be the responsibility of the customer.
If you do not receive your order after the maximum period observed of 25 working days: we will refund your order. HASUCUNE Refund request will not be accepted before the period of 25 working days (maximum delivery time noted by La Poste services).
6.2 Delivery in letter followed
You have opted for postage in letter followed, if your order freed as a followed letter is stipulated as "delivered" by the post office services when you have not received it, We decline any responsibility (the status of postal post in these circumstances).
In this case, please bring your tracking number transmitted by email and/or SMS and please claim it from your post office or to the factor that has notified delivery.
We therefore do not cover thefts or the poor distribution of mail by post
We decline any responsibility if the delivery time (indicative period of the Post) is not respected by the post office services.
If you do not receive your order after the maximum period observed of 25 working days: we will refund your order. No refund request will be accepted before the period of 25 working days (maximum delivery time noted by the post office).
6.3. Reception
Upon receipt of the product, the customer undertakes to verify that the product is complete and that it is not damaged.
In the event of an anomaly, the customer must contact the company's customer service within three days (excluding holidays) according to the date of receipt of the product. Any complaint filed outside the deadline cannot be processed.
ARTICLE 7 - Retractation
7.1 Principle and deadline
The Customer has the right to retract, without giving a reason, within fourteen (14) calendar days from the date of receipt of his order. In the event of an order of several products, the period runs from receipt of the last product.
In the event of the exercise of the right of withdrawal within the above -mentioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the customer.
7.2 Exclusions
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:
Provision of goods or services whose price depends on fluctuations on the financial market escaping the control of the professional and likely to occur during the withdrawal period;
Provision of goods made according to consumer specifications or clearly personalized;
Provision of goods likely to deteriorate or expire quickly;
Provision of goods which have been unconstruction by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Provision of goods which, after having been delivered and by their nature, are inseparable with other articles;
Provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market escaping the control of the professional;
Maintenance or repair work to be carried out in an emergency at the consumer's home and expressly asked by him, within the limit of spare parts and strictly necessary works to respond to the emergency;
Supply of audio or video recordings or computer software when they were unicked by the consumer after delivery;
Providing a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Terms to exercise the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the company of his intention to retract either by filling out the typical form of which a model figures below, or by sending a declaration devoid of ambiguity and expressing his intention to retract in The 14 -day period mentioned above.
Typical withdrawal form model:
For the attention of L'Atelier d'Eva, customer service, 24A avenue de la Roseraie 34510 Florensac.
I, the undersigned _____ notify you by this my withdrawal of the contract relating to the sale of the product below:
Product name:
Date of order and reception:
Order number :
Contracting request number:
Client name :
Customer address:
Customer signature: (only in case of notification of this form on paper
Date :
This form must be sent to the company to one of the following addresses:
For a paper shipment, to the Atelier d'Eva, 24a avenue de la Roseraie 34510 Florensac
For an electronic shipment, to the address: contact@latelierdeva.com
The Customer has a period of 14 days from sending the notification of their withdrawal to return the product to the company in its original packaging, the return costs being the exclusive responsibility of the customer.
The products must be returned to their original and complete condition (packaging, accessories, instructions, etc.) to allow a return to sale by the company. In the event of receipt of open, used, incomplete, damaged or salis products, the company will not make any refund and may even, if it deems it necessary and adequate, engage the customer's responsibility for depreciation of the product.
In the event of the return of the product in conditions provided for by law and these GTC, the company will reimburse all the sums paid by the Customer, delivery costs included, within 14 days of the withdrawal notification, unless The product is not returned afterwards. In this case, the company will only reimburse the receipt and verification of the state of the returned product.
This refund will be made using the same means of payment as that used by the Customer to pay the order, unless the customer's express agreement for another means of payment. In the event of payment by gift voucher/ promotional code, the customer will 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 remains held of compliance defects in the property in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as hidden defects in the thing sold in accordance with articles 1641 and following of the Civil Code.
When it acts within the framework of the legal guarantee of conformity (as provided for in articles L.217-4 and following of the Consumer Code), the consumer customer:
Benefits from a period of 2 years from the issue to act
Can choose between the repair or replacement of the product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code
It is exempt from reporting proof of the existence of the lack of conformity during the 24 months following the delivery of the property if the product is new, and during the 6 months following the delivery if the product is sold used.
The Customer may also decide to act in the context of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the customer can choose between the resolution of the sale or a price reduction, in accordance with the Article 1644 of the Civil Code.
These legal guarantee applies independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer code
“The seller delivers a good in accordance with the contract and responds to existing compliance faults during issuance. He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or carried out under his responsibility. »»
L.217-5 Consumer code
"The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if he presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or in labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»
L.217-9 Consumer code
"In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer. »»
L.217-12 Consumer code
"The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. »»
1641 of the Civil Code
"The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decreases this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. »»
1648 of the Civil Code
"The action resulting from crumbling vices must be brought by the buyer within two years from the discovery of the vice. […] "
8.2 Manufacturer warranty
Certain products for sale on the site benefit from a contractual guarantee granted by the supplier or the manufacturer of the product, to which the company is not directly a party.
The existence of this type of guarantees is mentioned, if necessary, on the specific product page.
If the customer wishes to play this guarantee, it should be reported to the company by contact with customer service and that he himself consults the terms of application of the warranty, which are generally inserted in the box Regarding the product.
It is recalled that the benefit of the manufacturer's guarantee does not preclude the application of legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - Protection of personal data
As part of the commercial relationship, the company, controller, collects a certain number of compulsory personal data (including in particular, name, first name, delivery address, etc. which mentioned by an asterisk) which are absolutely necessary for the processing of The order, the management of the commercial relationship, the realization of statistics and compliance with the legal and regulatory obligations of the company. They are kept for 5 years from the end of the contract.
The fact for the customer not to communicate this information would result in the impossibility of processing his order.
These data are intended for internal use by the company but can be transmitted to companies which contribute to the execution of the service, including in particular those which ensure deliveries of the products or ensure the processing of payments.
Regarding these personal data, the customer 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 conservation of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent compliance, by the company from its regulatory and legal obligations;
Right of opposition to data processing (especially in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, erasure and communication of your personal data
Right to withdraw your consent from the realization of certain treatments (the treatments carried out before the withdrawal of the consent remain lawful)
Right to bring a complaint before the CNIL.
To exercise their rights, the customer can send a request to the company, through:
of a letter addressed to the company L'Atelier d'Eva, 24a avenue de la Roseraie 34510 Florensac
The request must mention the customer's email address, names, first names, postal address and must be accompanied by a copy of their Recto-Verso identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - Intellectual property rights
Unless specifically stated otherwise stated on the page of a product, sales of products on the site do not cause any intellectual property transfer to sold products.
The brands, domain names, products, software, images, videos, texts or more generally any information object of intellectual property rights are and remain the exclusive property of the company or their initial owner. No sale of intellectual property rights is carried out through these GTCs.
Article 11 - Force majeure
The company cannot be held responsible for an non -performance of its obligations under these in the event of a fortuitous or force majeure case which would prevent the execution. The company will advise the customer from the occurrence of such an event as soon as possible.
Article 12 - Exclusion of responsibility
Notwithstanding any contrary provision set out herein, the company may in no case be held responsible in the event of loss or damage due to inappropriate use of the product (s) by the customer, including in particular a modification or alteration of the/ Products (s) not authorized by the company.
Article 13 - Suspension - Account termination
The Company reserves the right to suspend or terminate the account of a customer who would violate the provisions of the GTC, or in general to the applicable legal provisions, without prejudice to any damages that the company could request.
Anyone whose account would have been suspended or fenced cannot order later or create a new account on the site, without the prior authorization of the company.
Article 14 - Archiving - Proof
Unless otherwise stated, the information recorded by the company constitutes proof of all transactions.
When ordering, the order summary is sent by email to the customer and archived on the company's website.
The archiving of communications between the company and the customer is carried out in computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and lasting medium, are considered as proof of communications, orders, payments and transactions between the customer and the company. They can be produced as proof of the contract.
The archiving of communications, the order, the details of the order, as well as invoices is made on a reliable and sustainable medium in a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information can be produced as proof of the contract.
The customer will have access to the archived elements on request at contact@latelierdeva.com.
Article 15 - Nullity and modification of GTC
If any of the stipulations of these GTCs are zero, it will be deemed unwritten, but will not lead to the nullity of all the 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 GTCs, whatever the frequency and duration could have been, could not be worth modification of the GTC, or generate a any right for the customer.
Article 16 - Applicable law and settlement of disputes
These GTCs are subject to French law.
In case of any difficulty, customer service is at your disposal to find an amicable solution.
In the absence of a solution found directly with customer service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then transmits these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
