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These general terms and conditions of sale aim to define the rights and obligations of ATELIER TB and the Customer of products presented by ATELIER TB on its website www.ateliertb.com (hereinafter "the Site"). They apply exclusively between the company ATELIER TB, 6 rue Christophe Denis 88000 Epinal, Siret: 83279272500026 (hereinafter "ATELIER TB") and any individual consumer visiting or making a purchase via said Site (hereinafter "the Customer").
On the Site, ATELIER TB allows the Customer to order ATELIER TB brand products online (hereinafter “the Product(s)”) in accordance with these general conditions.
Any order placed with ATELIER TB therefore entails the Customer's unreserved acceptance of these terms and conditions. These general terms and conditions may be modified at any time and without notice by ATELIER TB, the applicable conditions being those in force on the date of the order by the Customer.
2. Products and compliance
2.1. The Products offered for sale are presented on the ATELIER TB website and accompanied by a description.
2.2. The Products offered by ATELIER TB comply with the standards applicable in France.
Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, ATELIER TB cannot incur any liability in the event of an error or omission in any of these elements or in the event of modification of said elements by the suppliers and/or publishers.
3. Customer Obligations
3.1. The Customer declares that he/she is at least 18 years old and has the legal capacity or holds parental authorization allowing him/her to place an order on the Site.
3.2. The Client undertakes to provide ATELIER TB with the real and necessary information required to carry out the service covered by these conditions as requested online and according to their situation, in particular their surname, first names, address, telephone number and valid email address.
The Client is responsible for the consequences arising from information transmitted that is false or inaccurate or whose use would be unlawful.
3.3. Once the order has been placed, ATELIER TB will send the Customer an email confirming the order. It will inform them that the Products have been sent.
4. Order
4.1. Any order will only be validated after acceptance of payment.
4.2. ATELIER TB reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
4.3. ATELIER TB may accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of order confirmation.
If, despite ATELIER TB's vigilance, the products are unavailable, ATELIER TB will inform the Customer by email as soon as possible. The Customer may then cancel their order and, if applicable, be reimbursed for any amounts already paid.
Permanent or temporary unavailability shall in no case engage the responsibility of ATELIER TB, nor shall it give rise to any right to compensation or damages in favor of the Client.
5. Price
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs.
Shipping costs will be indicated in the Customer's basket, before final validation of the order.
Prices may be changed at any time without notice, particularly in the event of changes in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is placed.
6. Delivery
6.1. ATELIER TB delivers its Products in France and in all countries of the European Union and can deliver to any country upon request.
The products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund for the order.
If the item has been shipped before receipt of the cancellation of the order due to a delivery delay of more than 7 days, ATELIER TB will refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
ATELIER TB undertakes to inform the Customer of the progress of the processing of their order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and ATELIER TB, by any means, of any reservations within 3 days of receipt of the product.
ATELIER TB cannot be held responsible for the consequences of a delay in delivery that is not its fault.
7. Payment
Full payment must be made at the time of ordering. At no time may the amounts paid be considered as a deposit or down payment. The Customer pays for their order by credit card (Visa, Eurocard/Mastercard), with their Paypal account in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for ATELIER TB to debit his account up to the amount of his order.
No cash on delivery shipments will be accepted, whatever the reason.
ATELIER TB retains ownership of the item until the Customer has paid the full price. Purchases are made securely. The payment solutions adopted by ATELIER TB are 100% secure. For payments by credit card (Carte Bleue, Carte Bleue Visa, and e-Carte Bleue), all information that Customers provide to ATELIER TB is strictly protected and guarantees the compliance and security of each transaction.
8. Returns and refunds of product(s)
The buyer has a 30-day right of return for exchange or refund from the date of delivery of the product(s), the postmark or shipping slip being proof. After this date, returns are not accepted. Shipping costs related to the return are the responsibility of ATELIER TB, you do not have to advance any costs. Only products in perfect condition are authorized: not washed, not worn, not worn. Products including personalization (embroidery, pen pocket, kangaroo pocket, etc.) cannot be returned, unless the reason for the return relates to an error by ATELIER TB in relation to the instructions provided on the order (misspelled text embroidery, error in thread color, etc.). Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, in the event of transformation of the Product, as in the event of normal wear and tear of the Product or force majeure. If ATELIER TB products were purchased through a third party (reseller or distributor), this third party must be contacted directly for After-Sales Service.
9. Guarantees and liability
ATELIER TB has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. ATELIER TB cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
ATELIER TB undertakes to use Customers' confidential information only in the context of operating its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges being aware of this.
As such, information concerning him may be communicated to technical service providers of ATELIER TB.
Furthermore, ATELIER TB may use technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978, amended by the law of August 6, 2004, the Client has the right to access and rectify personal data concerning him/her contained in ATELIER TB's files. Any request must be sent by email to: contact@ateliertb.com or by post to the following address: ATELIER TB, 6 rue Christophe Denis, 88000 Epinal, FRANCE.
10. Intellectual Property
The Supplier retains all industrial and intellectual property rights relating to the products, photos and technical documentation which may not be communicated or executed without its written authorization. However, the Buyer retains ownership of the models and technical data sheets of its own Logos.
11. Force majeure
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
12. General provisions
12.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.
12.2. UPDATE
These general conditions may be modified at any time and without notice by ATELIER TB, the applicable conditions being those in force on the date of the order by the Customer.
12.3. APPLICABLE LAW – COMPETENT COURT
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or third-party claims.
12.4.: REPRODUCTION OF APPLICABLE TEXTS (ORDINANCE 2005-136 OF 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
Art. L. 211-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
Art. L. 211-5 of the Consumer Code
- To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
You can contact ATELIER TB by phone at 06 75 46 30 91.
