Terms and Conditions of Sale
Welcome to L'Atelier Français, e-shop entirely dedicated to products made in France.
A bit boring the general conditions of sale? No doubt, but essential to guarantee your rights and ours. Let's start our relationship on a good basis.
1. Acceptance of the general conditions of sale
By confirming his order, the customer acknowledges having read the general conditions of sale (GSC) and expressly declares to accept them without reservation. These terms and conditions shall prevail over any other conditions contained in any other document. The confirmation of the order, as well as the whole of the electronic mails and data that L'Atelier Français will have recorded, will constitute the proof of the existing transactions and will be preserved for a duration of ten years. The GTC are subject to change at any time without notice. In the event of modification, the applicable CGV are those in force at the date of the order.
2. Information on the site and accessibility of the site
www.latelierfrancais.net is an e-commerce site owned and operated by CLAO SAS.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by L'Atelier Français or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). L'Atelier Français cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
L'Atelier Français does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. It can in this respect determine freely and at its own discretion any period of unavailability of the Site or its content. L'Atelier Français cannot be held responsible for problems of data transmission, connection or unavailability of the network.
L'Atelier Français reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the intervening modifications, but his acceptance is not requested.
3. Registration on the site
The opening of an account is mandatory to place an order.
The opening of an account allows, in particular, to see the history of orders placed on the SITE, to consult and edit the delivery and billing addresses.
The CUSTOMER certifies that he/she is of legal age, that he/she is not under guardianship or trusteeship, and that he/she has the legal capacity to contract with L'Atelier Français in order to open an account.
The CUSTOMER registers on the SITE and provides information about himself, namely his name, first name, e-mail address and password.
This information is necessary for the relationship between L'Atelier Français and the CUSTOMER. Consequently, the failure to provide the requested information is equivalent to renouncing the creation of an account.
When registering, the CUSTOMER validates, on the one hand, an email address, and, on the other hand, a password, which will allow him to identify himself on the servers of the SITE for the placement of the order and during subsequent connections.
The CUSTOMER certifies that the information provided in the context of the creation of the account is true, accurate, sincere and updated. In no case, L'Atelier Français cannot be held responsible for the consequences of an erroneous or not updated mention. The Customer is held to always update his personal information. In case of error in the wording of the recipient's details, L'Atelier Français can not be held responsible for the inability to deliver products.
Within the framework of the opening of its Customer account, the latter will have the possibility of subscribing to the Newsletter of L'Atelier Français.
By registering on the Site, the Customer declares and guarantees to L'Atelier Français that he is of age and has the legal capacity to contract.
L'Atelier Français may delete the Customer's Account at any time, for any reason, at its sole discretion.
4. The offer and the stock
For each product proposed on the site corresponds a detailed technical description and a firm and definitive price indicated in euros, all taxes included (TTC), except expenses of delivery. L'Atelier Français reserves the right to modify the price of the products at any time, the applicable price being that in force at the date of the order. The photograph which accompanies the product is proposed as an illustration and is not contractual. The products are in conformity with the prescriptions in force in France relating to the safety and health of the people, the loyalty of the commercial transactions and the protection of the consumers at the time of their setting on the market (article L. 411-1 of the code of the consumption). Any order implies acceptance of the prices and description of the products. The offers are valid as long as the proposed products are visible on the site, within the limits of available stocks. In the event of an unavailability of product after placing and payment of an order, L'Atelier Français informs the customer by e-mail. The order is then automatically cancelled and the customer refunded by bank transfer.
5. Gift card
The gift card L'Atelier Français is available on the site in paper or digital version. The customer has a period of 1 year from the date of purchase to use the card on the site of L'Atelier Français or in store. The amount of the card can be used in one time. The card cannot be exchanged, transferred, resold, or discounted and cannot be used for monetary consideration by the Merchant or any third party.
6. Placement of the order
The Customer may select as many Products as he wishes to add to the "Basket". The Basket summarizes the Products chosen by the Customer as well as the prices and the related expenses. The Customer may freely modify the Shopping Cart before validating the Order. The validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by L'Atelier Français. To this end, the Customer formally accepts the use of electronic mail for the confirmation by L'Atelier Français of the content of his Order.
Invoices are available in the "my account" section of the Site. L'Atelier Français reserves the right to cancel any order from a customer with whom there is a dispute concerning the payment of a previous order or who does not comply with these GTC. The information stated by the customer, at the time of the order taking, engage only him. In the event of error in the wording of the co-ordinates of the customer, L'Atelier Français could not be held for person in charge for the impossibility in which it could be to deliver the product.
7. Payment of the products
The price charged to the customer is :
the price of the product or products, listed on the order confirmation sent to the customer by email by L'Atelier Français. It is indicated in euros and is understood to include all taxes (TTC), excluding delivery costs. It takes into account the VAT applicable on the day of the order. The price can not be changed once the order accepted by L'Atelier Français.
the delivery costs which are added to the above-mentioned price, according to the delivery method chosen by the customer.
L'Atelier Français reserves the right to modify the prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the Sales Order is placed and paid for, subject to availability.
8. Customs duties
In the event of an order to a country outside the European Union, the price will automatically be calculated exclusive of taxes on the invoice. Any order placed on the Web site and delivered outside Metropolitan France may be subject to customs duties and taxes that are imposed when the package reaches its destination, the customer being the importer of the product concerned. These rights and taxes, related to the delivery of the product, are the responsibility of the customer. L'Atelier Français is not held to check and nor to inform the customer of the customs duties and applicable taxes. To know them, it is up to the customer to inquire with the competent authorities of his country.
9. Terms of payment
The payment of the order is due immediately at the time of validation of the basket by the customer. The payment is made in euros by credit card (Carte Bleue, Visa or MasterCard) or by Paypal. The payment method is strictly secure.
The payment of purchases is made via the secure platform of our payment provider CIC MONETICO.
10. Confirmation of payment / Incident of payment
Upon receipt of payment, L'Atelier Français confirms the payment and sends an order confirmation, by e-mail, to the address provided by the customer. The order validated by the customer will be considered as accepted by L'Atelier Français only after effective collection of the sums due to L'Atelier Français. In case of refusal of banking acceptance, L'Atelier Français reserves the right to cancel the order in progress made by the customer.
11. Shipping and delivery
The products are delivered to the delivery address indicated by the customer during the ordering process. The delivery of the products will intervene within the time indicated by L'Atelier Français, or at the latest in the thirty days following the date of the order, according to the mode of delivery chosen by the customer at the time of the order.
Delays may nevertheless occur in case of unforeseen circumstances or for reasons related to the place of delivery. L'Atelier Français cannot be held responsible in case of delay or impossibility to execute its contractual obligations in case of events of force majeure according to the jurisprudence in force.
With the exception of deliveries in France, L'Atelier Français declines any responsibility in the event that the delivered product would not respect the legislation of the country of delivery. At the moment when the customer (or a third party designated by him) takes physical possession of the ordered products, the risks of loss or damage of the products are transferred to him.
The deliveries are ensured by the services of Colissimo, according to the option chosen by the Customer at the time of validation of his Order (point of withdrawal, colissimo with signature).
When L'Atelier Français takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of the Delivery.
The Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that the Delivery cannot be made due to an erroneous delivery address or the failure of the Customer to pick up his or her Order from the selected pick-up point or from Chronopost, no reshipment shall be made and the Customer shall be reimbursed within five (5) days from the date of receipt of the Order by L'Atelier Français.
In the event that the delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of the request. Notwithstanding the foregoing, L'Atelier Français shall not be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by L'Atelier Français being possible to the exclusion of any other form of compensation.
12. Reserve of property
The products remain the entire property of L'Atelier Français until full payment of their price by the customer. In case of non-payment by the customer, L'Atelier Français may without prior notice claim the products that have been delivered to the customer.
In accordance with articles L. 221-18 and following of the Consumer Code, the customer has a period of fourteen days to withdraw from the contract without having to justify his reasons or pay penalties, except for the cost of returning the product.
In order to be able to exercise this right of retractation, the customer will have to notify his decision of retractation of the contract by means of a declaration without ambiguity, for example by email (firstname.lastname@example.org) or postal mail (L'Atelier Français 3 Place du Frêne 06140 Vence, France)
The products will have to be sent back in their initial state, in their original packing, if necessary accompanied by their accessories and instructions for use and documentations, in perfect state of resale, at the following address L'Atelier Français 3 place du Frêne 06140 Vence (France).
Any product which will have been damaged, or whose packing of origin will have been deteriorated, will be neither refunded, nor exchanged.
In case of withdrawal, L'Atelier Français will reimburse the amount of the product(s) as well as the outbound delivery costs on the basis of the standard mode proposed by L'Atelier Français. The refund will be made without undue delay, and in any case, no later than fourteen days after receipt by L'Atelier Français of the returned products. The return delivery costs remain the exclusive responsibility of the buyer.
L'Atelier Français shall make the reimbursement using the same means of payment as the one used for the payment of the Order, unless the Customer expressly agrees to use another one. If this means of payment and insofar as it has expired, the Customer must contact the customer service to change the method of reimbursement does not cause any cost to the consumer. L'Atelier Français will not be responsible for reimbursement on an expired means of payment.
The refund of an order paid with an e-gift card, a gift card or a credit, will be automatically refunded in credit.
Only items purchased on the SITE can be returned to L'Atelier Français for credit or exchange. The articles bought in the store are to be returned in the store.
The articles of the brands proposed by L'Atelier Français, but not bought by the customer via the site or the store of L'Atelier Français, will be in no case taken back, nor exchanged.
14. Case of exclusion of the retraction
In accordance with the provisions of the article L. 221-28 of the Code of the consumption, the right of retraction cannot be exercised for
goods made according to the customer's specifications or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly;
for reasons of hygiene, textile products delivered with hygiene seals when these have been removed, clothing that has been visibly worn and/or washed, jewelry such as piercings and earrings;
15. Defective products / Legal guarantees
All products offered on the site are subject to the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code) and to the guarantee of hidden defects (articles 1641 and following of the Civil Code).
It is the customer's responsibility to verify that the products delivered correspond to his order as detailed in the Order Confirmation, and if not, to return them after having informed L'Atelier Français by any means (by email or mail).
The products will be returned in their original packaging, in perfect condition, not used and accompanied by all accessories and documents provided (instructions, warranty, certificate of authenticity, etc.) as well as a copy of the invoice attached to the delivery.
The expenses of return are directly dealt with by L'Atelier Français, within the limit of a sending by order. Reimbursement will be made by transfer to the customer's bank account, at the latest within fourteen days of receipt of the returned products by CLAO L'Atelier Français.
The buyer has a period of two years from the date of delivery of the goods to take action under the legal guarantee of conformity, independently of any commercial guarantee. In the event of defect of conformity of the good, it can choose between its replacement or its repair, except excessive cost of this last one.
He is exempted from proving the existence of the lack of conformity during the twenty-four months following the delivery of the good. If the consumer invokes the warranty against hidden defects (Article 1641 of the Civil Code), he may choose between the resolution of the sale or a reduction of the sale price (Article 1644 of the Civil Code).
The fact that L'Atelier Français refrains from demanding at a given time the execution of any of the stipulations of the present GTC cannot be interpreted as a waiver to invoke the said total or partial non-execution later.
20. Validity of the general terms and conditions of sale
If any provision of these GTC is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GTC shall remain unaffected and shall continue to apply, except in the case of an impulsive and determining provision which led one of the parties to conclude the sales contract.
21. Applicable Law / Dispute Resolution
The present GTC are subject to French law, except for imperative provisions to the contrary. The language of these GTC is French. In case of difficulties in the application of the present GTC, the customer will address in priority to the team of L'Atelier Français. Any complaint relating to an order must be submitted by mail to the following postal address SAS CLAO L'Atelier Français. 3 Place du Frêne 06140 Vence, or by e-mail to: email@example.com.
In the event that the claim is unsuccessful, the customer will have the possibility, before taking any legal action, to seek an amicable solution to any dispute that may arise during the execution of the contract by having recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. The French courts shall have exclusive jurisdiction.
22. General information
CLAO (L'Atelier Français) is a SAS with a capital of 4000,00 euros, domiciled at 3 place du Frêne 06140 Vence. It is registered with the RCS of Grasse under the number 847.654.308 and its intra-community VAT number is as follows: FR72847654308. Its website is accessible via the URL www.latelierfrancais.net
Email : firstname.lastname@example.org
Mail or parcel return : CLAO SAS - L'Atelier Français 3 Place du Frêne 06140 Vence
- Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in 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 has been put at his charge by the contract or has been carried out under his responsibility. "
- Article L. 217-5 of the French Consumer Code: "The goods conform to the contract:
- 1º If it is fit for the purpose usually expected of a similar good and, where appropriate:
- 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 can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
- 2º 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 attention of the seller and accepted by the latter. "
- Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
- Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which 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 of them.
- Article 1648 paragraph 1 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".
Revision date : 01/03/2020