TERMS AND CONDITIONS
TERMS OF SALES
The following terms and conditions are intended to apply to any order placed by consumers through our Website.
These general conditions are those in force as of January 1st, 2018.
Article 1 - General conditions of online sale - acceptance of conditions
These general conditions of sale (the "Terms and Conditions"), which define the rights and obligations of the parties to the distance selling contract, apply ipso jure to the contractual relations between Atelier Romane and any Customer placing an order for Products. (hereinafter referred to as the "Customer"), on the Website at www.atelier-romane.com (hereinafter referred to as the "Site"). Any order validation through the Site entails the full and entire acceptance of the Terms and Conditions by the Customer, without reservation. By placing an order, the Customer undertakes to respect the said General Conditions and declares that the Products ordered are not intended for his professional activity.
No special conditions other than those of the company Atelier Romane can prevail over these General Conditions. Any clause to the contrary will therefore be unenforceable, regardless of when it has been brought to the attention of the company Atelier Romane.
Article 2 - Order Process
Before placing an order, the Customer selects the desired Product whose characteristics (including name, price, quantity, color, particularities) that he declares to accept, have been transmitted to him or appear on the Site.
The Customer must then fill in some valid identification data, necessary to identify it, namely:
Name, first name, billing address, delivery address if different from the billing address, e-mail address, phone number.
The Customer, after ticking the box indicating that he has read and accepted the General Terms and Conditions, then validates his order and proceeds to the payment of the price and delivery charges by choosing the method of payment, namely PayPal or Credit Card.
A summary of the order will be accessible to the Customer by the email sent to him after validation of the order.
In accordance with Article 11 of the General Conditions, the Customer has in all cases the right to oppose, access and rectify all data concerning him kept by Atelier Romane
Article 3 - Price
The prices of the products sold on Atelier Romane's website are indicated in euros, all taxes included and are subject to variations during the year. It is however specified that the Products are invoiced at the price in force at the time of the validation of the order by the Customer.
The delivery costs are mentioned separately, at the time of the validation of the order, before the payment and depend on the option of delivery chosen, the nature and the weight of the ordered Product. They are therefore charged in addition to the price of the Products ordered, except in this case expressly mentioned.
In addition, for all Products delivered outside the European Union and outside DOM-TOM, Atelier Romane draws the Client's attention to the fact that customs duties or other local taxes or import duties or state taxes may be required , to the extent that the Customer is considered to be the importer of the Products. These duties and taxes are not the responsibility of the company Atelier Romane. They will be the responsibility of the Customer and are the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies of the country of importation. Atelier Romane advises the Customer to inquire about these aspects from the local authorities of the importing country.
Article 4 - Terms of payment
The payment of the price of the ordered Products is made cash before the delivery, by transfer via PayPal or credit card, to the order, through our system of secure payment. The delivery of the ordered Products occurs after confirmation of the agreement of the payment centers.
The Customer guarantees that he is fully entitled to use the credit card or PayPal account used to pay for his order.
For any order over 1.000 euros, Atelier Romane reserves the right to verify the concordance of information available to it, and to request a photocopy of the identity card of the buyer and a proof of address . These measures can effectively combat the fraudulent use that may be made of your credit card or PayPal account.
The acceptance of the Customer's order by Atelier Romane is materialized by the sending of the order confirmation email to the Customer.
Article 5 - Delivery - Availability
5.1 Availability of Products
Product offers are valid as long as they are visible on the Site and within the limits of available stocks.
If one of the Products proves not to be available after the validation of the order by the Customer, the Customer will be informed by e-mail, with the envisaged restocking times for this product, in order to allow him if necessary of to give up his order or to place a new one. In any case, his account will be credited within 10 days of the amount of the ordered product but not delivered. The rest of the order will be delivered normally, the Customer already agreeing to a partial delivery.
5.2 Place of delivery
Orders placed through our Site can be shipped anywhere in the world.
All orders are delivered to the delivery address mentioned at the time of the order or by default in the Customer contact form contained in his account. In case of error on the part of the Customer during the communication of his data or insufficient information, resulting in a return of the Product by the carrier, it will be redirected at its expense.
5.3 Delivery times
The delivery time mentioned in the order summary corresponds to the shipping time indicated on the product sheet plus the processing and delivery time.
In case of delivery by a carrier requiring an appointment with the Customer, the latter will contact the Customer as soon as possible to agree with it a delivery appointment, 30 days at the latest from the date of your order confirmation. Atelier Romane can not be responsible for a delay of delivery due exclusively to the unavailability of the Customer after several proposals of appointment by the carrier.
When the Customer orders several Products at the same time and they have different delivery times, the delivery time of the order is based on the furthest time, however, the possibility of splitting the shipments. Participation in processing and shipping costs will only be charged for one shipment.
In case of delay of shipment, an e-mail will be sent to the Customer to inform him of a possible consequence on the delivery time which has been indicated to him.
In any case, in accordance with the legal provisions, in case of late delivery, the Customer has the opportunity to resolve the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code.
The Customer is also invited to check his order tracking regularly and to contact customer service for any questions or problems.
Article 6 - Retention of title
Atelier Romane expressly reserves the ownership of the Products delivered, until full payment of their principal price and interest if applicable. Failure to pay may result in the claim of the Products by Atelier Romane. The above stipulations do not preclude, from the reception by the Customer, the transfer for the benefit of the Customer of the risks of loss or deterioration of the Products as well as the damage that they could cause.
Article 7 - Right of withdrawal - Return
7.1. Exercise of the right of withdrawal
The Customer has the right to withdraw without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the Product (s).
To exercise the right of withdrawal, the Customer must notify its decision to retract the order by means of an unambiguous declaration (for example, letter sent by post, fax or email) to the following address: Atelier Romane 14 les coteauxde Beaulieu 37320 Esvres or firstname.lastname@example.org
In order for the withdrawal period to be respected, it is sufficient that the Customer transmits his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the Customer decides to exercise his right of withdrawal, he must return the Product in its original packaging, in original condition, accompanied by the delivery note and / or the corresponding invoice within 14 calendar days following the the date on which the return request was sent to Atelier Romane. This period is deemed to be respected if the Customer returns the goods before the expiry of the fourteen day period. Returned Products travel at the expense and risk of the Customer. Products which will not be accompanied by their original packaging or which will be returned in a state unsuitable for their commercialization may be refused by our returns service and may be returned to the Customer: in this case, the refund can not be refunded
Given the high value of certain Products, it is advisable for the Customer to insure the Products on their return to the company Atelier Romane, insofar as the Customer ensures their custody and conservation until receipt by Atelier Romane.
7.2. Refund by Atelier Romane
Any Product returned in violation of the mentions appearing in the abovementioned paragraphs may not be accepted by Atelier Romane: it may therefore not be the subject of a refund or will give rise to an indemnity claim for payment from the company Atelier Romanesque, depending on the damage or damage noted on the product.
The Atelier Romane company will postpone the refund until the receipt of the Products or until the Customer provides proof of shipment of the goods, the date chosen being the date of the first of these facts.
In the event of withdrawal by the Client, accepted by Atelier Romane, Atelier Romane will refund all payments received, including delivery charges (except for additional costs resulting from the fact that the Customer has chosen, if necessary, a delivery method other than the cheaper mode of delivery proposed standard) without undue delay and, in any event, not later than fourteen days from the day when the company Atelier Romane was informed of the decision of retraction. The Atelier Romane company will proceed to the refund using the same payment method used by the Client for the initial transaction; in any case, this refund will not incur any costs for the Customer.
7.3 - Products excluded from the right of withdrawal
In accordance with the regulations in force, the right of withdrawal can not be exercised for Products made according to the specifications of the Customer or personalized and goods unsealed by the customer and can not be returned for reasons of hygiene or health protection .
Article 8 - Legal guarantees
The Products benefit from the legal guarantee of conformity envisaged by articles L.211-1 and following of the code of the consumption. This guarantee must be invoked by the Customer within two years of delivery.
Any delivered bracelet whose size varies from plus or minus two tenths of a millimeter for the width to the box and plus or minus two millimeters for the length of strand, compared to the dimensions of the order of the Customer will be considered as in conformity with the said order .
Any color that varies one tone from the selection on the day of purchase will be considered compliant.
The Products also benefit from the guarantee of hidden defects provided by Article 1648 of the Civil Code. This guarantee must be invoked by the Customer within two years from the discovery of the defect.
Natural leather wristbands have a limited lifespan and are estimated from 6 months to 1 year for normal daily use.
Atelier Romane is not responsible for the deterioration of a Product whose use by the Customer has not been in accordance with its purpose or contrary to the recommendations of.
To maintain their quality and appearance, Atelier Romane leather bracelets:
should never be immersed in water and more generally, should not be exposed to any liquid
are not intended to be worn when practicing manual or sports activities.
Article 9 - Liability
It is expressly stated that the Site of the company Atelier Romane is intended for consumers and that the Products sold are not designed for professional use. Consequently, Atelier Romane can not be held responsible for any indirect or immaterial damage resulting from the use or exploitation of the Products ordered. In addition, the Products comply with the French legislation, but the responsibility of the company Atelier Romane can not be engaged in case of non-compliance with the legislation of the country where the Products are delivered: it is the Customer to inquire with authorities of the importing country to determine whether the Product is authorized.
Moreover, Atelier Romane can not be held responsible for non-performance of the contract concluded, firstly in case of force majeure, as defined by article 1218 of the Civil Code, and secondly in case of fault of the Customer or the unpredictable and insurmountable fact of a third party to the contract or consequences resulting from the misuse of the Products sold on the Site.
Article 10 - Intellectual property
No element of the Site, including editorial content, graphics, photographs, logos and brands may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means without the prior written consent of the company Atelier Romane. Any unauthorized use of material appearing on this Site may constitute a violation of copyright, trademark or other applicable legislation or legislation, and is punishable by law.
Article 11 - Personal data
The database made up of the data communicated is the subject of a declaration to the National Commission Informatique et Libertés. In accordance with the law n ° 78-17 of January 6th, 1978, the Customer has a right of opposition, of access, rectification of all data concerning him brought to the knowledge of the company Atelier Romane during the execution of the contract. The Customer may exercise these rights by contacting Atelier Romane by email at email@example.com
In accordance with the regulations in force, the Customer's request must be signed and accompanied by a photocopy of an identity card bearing his signature and specify the address to which the reply must be sent. A reply will be sent within 2 months of receipt of the request.
In addition, if the Customer expresses the wish, he has the possibility:
to send promotional offers, newsletters, any other use by third parties is not allowed.
Otherwise, Atelier Romane will use this information only in the very strict framework of the Customer's order processing, the establishment of statistics to improve its Site and the services offered.
Article 12 - Evidence
Unless the Customer proves otherwise, Atelier Romane's automatic registration systems are considered as proof of the nature, content and date of the contract of sale.
Article 13 - Applicable Law - Disputes - Claims Processing - Mediation
This contract is subject to French law. The language of this contract is French. In the event of a legal dispute, the French courts will have sole jurisdiction, subject to the mandatory legal provisions applicable.
For any complaint please contact customer service beforehand at the following address firstname.lastname@example.org Indeed, in accordance with the rules applicable to mediation, any consumer dispute must be entrusted in writing to the Consumer Service prior to any request mediation.
Then, in the event of persistent disagreement and in accordance with the ordinance n ° 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, e