Terms and conditions of sale

TERMS AND CONDITIONS OF SALE


 

The following terms and conditions are intended to apply to all orders placed by consumers through our Website.

These terms and conditions are those in effect as of January 1, 2018.


 

Article 1 - General conditions of online sale - acceptance of conditions

The present general conditions of sale (the "General 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 Internet Site at the address www.atelier-romane.com (hereinafter referred to as the "Site"). Any validation of an order via the Site implies full and unreserved acceptance of the General Terms and Conditions by the Customer. By placing an order, the Customer undertakes to comply with the said General Terms and Conditions and declares that the Products ordered are not intended for his professional activity.

No special conditions other than those of Atelier Romane may prevail over these General Conditions. Any clause to the contrary will therefore be unenforceable, regardless of when it may have been brought to the attention of Atelier Romane.


 

Article 2 - Order process

Before placing an order, the Customer selects the desired Product, the characteristics of which (in particular name, price, quantity, color, special features), which he declares he accepts, have been sent to him or appear on the Site.​


 

After ticking the box indicating that he/she has read and accepted the General Terms and Conditions, the Customer then validates his/her order and proceeds to pay the price and delivery charges by choosing the payment method, i.e. PayPal or Credit Card.

The Customer must then provide certain valid identification data required to identify him/her, namely :

  • Last name, first name, billing address, delivery address if different from billing address, e-mail address, telephone number.

A summary of the order will be available to the Customer by e-mail after validation of the order.


 

In accordance with Article 11 of the General Terms and Conditions, the Customer has the right to oppose, access and rectify any data concerning him/her held by Atelier Romane.

Article 3 - Prices

The prices of Products sold on the Atelier Romane website are quoted in euros, inclusive of all taxes, and are subject to change during the year. It is however specified that the Products are invoiced at the price in force when the order is validated by the Customer.

Delivery charges are mentioned separately at the time of order validation, before payment, and depend on the delivery option chosen, and the nature and weight of the Product ordered. They are therefore invoiced in addition to the price of the Product(s) ordered, unless otherwise expressly stated.

Furthermore, for all Products delivered outside the European Union and French overseas departments and territories, Atelier Romane draws the Customer's attention to the fact that customs duties or other local taxes or import duties or state taxes may be required, insofar as the Customer is considered to be an importer of the Products. These duties and taxes are not the responsibility of Atelier Romane . They shall be borne by the Customer and are the Customer's sole responsibility, both in terms of declarations and payments to the competent authorities/organizations in the country of importation. Atelier Romane advises the Customer to obtain information on these aspects from the local authorities in the country of importation.

Article 4 - Payment terms

Payment of the price of the Products ordered is made in cash before delivery, by means of a transfer via PayPal or credit card, when the order is placed, through our secure payment system. Delivery of the Product(s) ordered takes place after confirmation of the agreement of the banking payment centers.

The Customer warrants that he/she is fully authorized to use the credit card or PayPal account used to pay for his/her order.

For all orders over 1,000 euros, Atelier Romane reserves the right to verify the concordance of the information at its disposal, and to request a photocopy of the buyer's identity card as well as proof of address. These measures are designed to prevent fraudulent use 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 e-mail to the Customer.

Article 5 - Delivery - Availability

5.1 Product availability

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 to be unavailable after the order has been validated by the Customer, the Customer will be informed of this by e-mail, together with the expected restocking times for this Product, in order to enable him/her, if necessary, to abandon his/her order or place a new one. In any event, the Customer's account will be credited within 10 days with the amount of the Product ordered but not delivered. The remainder of the order will be delivered normally, the Customer having already agreed to 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 given at the time of the order, or by default in the customer contact form in the customer's account. In the event of an error on the part of the Customer in providing their details or insufficient information, resulting in the Product being returned by the carrier, it will be reshipped at the Customer's 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 the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, no later than 30 days from the date of your order validation. Atelier Romane cannot be held responsible for any delay in delivery due exclusively to the Customer's unavailability after the carrier has proposed several delivery dates.

When the Customer orders several Products at the same time and these have different delivery times, the delivery time of the order is based on the longest delivery time. However, we reserve the right to split shipments. Shipping and handling charges will only be invoiced for a single shipment.

In the event of a delay in shipment, an e-mail will be sent to the Customer to inform him of any consequences on the delivery time indicated.

In any event, in accordance with legal provisions, in the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions defined in article L 216-2 of the French Consumer Code.

Customers are also invited to consult their order status on a regular basis and to contact customer service if they have any questions or encounter any problems.

Article 6 - Reservation of ownership

Atelier Romane expressly reserves ownership of the Products delivered, until full payment of their price in principal and interest where appropriate. Failure to pay may result in Atelier Romane reclaiming the Products. The above stipulations do not preclude the transfer to the Customer of the risks of loss or deterioration of the Products as well as any damage they may cause.

Article 7 - Right of withdrawal - Return

7.1. Exercising the right of withdrawal

The Customer has the right to withdraw without giving any reason within a period of 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, takes physical possession of the Product(s).

To exercise the right of withdrawal, the Customer must notify their decision to withdraw from the order by means of an unambiguous statement (e.g., letter sent by post, fax, or email) to the following address: Ateleir Romane 14 les coteaux de beaulieu 37320 Esvres,France, orcontact@atelier-romane.fr.


 

In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

If the Customer decides to exercise his/her right of withdrawal, he/she must return the Product in its original packaging, in its original condition, accompanied by the delivery note and/or the corresponding invoice within 14 calendar days of the date on which the request for return was sent to Atelier Romane . This deadline is deemed to have been met if the Customer returns the goods before the fourteen-day period has expired. Returned Products are shipped at the Customer's risk and expense. Products which are not accompanied by their original packaging or which are returned in a condition unfit for sale may be refused by our returns department and may be returned to the Customer: in this case, reimbursement will not be possible.

Considering the important value of certain Products, it is advised to the Customer to insure the Products at the time of their return to the company Atelier Romane , insofar as the Customer ensures their guard and their conservation until reception by Atelier Romane .

7.2. Reimbursement by Atelier Romane

Any Product returned in disregard of the mentions appearing in the aforementioned paragraphs could not be accepted by Atelier Romane : it could consequently not be the subject of a refunding or will give place to a request for compensation of payment on behalf of the company Atelier Romane , according to the damage or damage noted on the Product.

Atelier Romane will defer reimbursement until receipt of the Products or until the Customer provides proof of shipment, whichever comes first.

In case of withdrawal by the Customer, accepted by Atelier Romane , Atelier Romane will reimburse all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered) without undue delay and, in any event, no later than fourteen days from the day on which the company Atelier Romane was informed of the decision to withdraw. Atelier Romane will reimburse the Customer using the same means of payment used for the initial transaction.

A return fee of $15 (€15) per order will be charged for all returns. This fee covers credit card charges, used lost packaging and partial or full free shipping. Return shipping charges will not be refunded. Please indicate that this is a return.

The Watch Bands must not have been mounted on the watch or passed over the wrist, otherwise they will no longer be considered new.

7.3 - Products excluded from the right of withdrawal

In accordance with the regulations in force, the right of withdrawal cannot be exercised for Products made to the Customer's specifications or personalized and goods unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection.

Article 8 - Legal warranties


 

Products are covered by the legal warranty of conformity provided by articles L.211-1 et seq. of the French Consumer Code. This warranty must be invoked by the Customer within two years of delivery.

Any Watch Bands delivered whose size varies by plus or minus two tenths of a millimetre for the width at the box and by plus or minus two millimetres for the length of the strand, in relation to the dimensions of the customer's order, will be considered as conforming to the said order.

Any color that varies by one tone from the selection on the day of purchase will be considered as conforming.

Products are also covered by the warranty for hidden defects provided for in article 1648 of the French Civil Code. This warranty must be invoked by the customer within two years of discovery of the defect.

Natural leather watch straps have a limited lifespan, estimated at 6 months to 1 year for normal daily use, which varies according to a number of factors, including the acidity of the skin. 

Atelier Romane is not responsible for the deterioration of a Product whose use by the Customer will not have been in conformity with its destination or contrary to the recommendations of .

To preserve their quality and appearance, Atelier Romane leather watch straps :

  • must never be immersed in water and, more generally, must not be exposed to any liquid

  • are not intended to be worn for manual or sporting activities.

The Watch Bands being One piece wear no guarantee except guarantee of the hidden defects will be applicable.
 

Article 9 - Liability

It is expressly specified that the Atelier Romane website is intended for consumers and that the Products sold are not designed for professional use. Consequently, Atelier Romane shall not be held liable for any indirect or consequential damages arising from the use or operation of the Products ordered. In addition, the Products comply with French legislation, but Atelier Romane cannot be held liable in the event of non-compliance with the legislation of the country where the Products are delivered: it is the Customer's responsibility to check with the authorities of the country of importation to find out whether the Product is authorized there.

Moreover, Atelier Romane cannot be held responsible for the non-performance of the contract concluded, on the one hand in the event of force majeure, as defined by article 1218 of the French Civil Code, on the other hand in the event of fault on the part of the Customer or the unforeseeable and insurmountable act of a third party to the contract or the consequences resulting from the misuse of the Products sold on the Site.

Article 10 - Intellectual property

No part of the Site, including editorial content, graphics, photographs, logos and trademarks may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means without the prior written consent of Atelier Romane. Any unauthorized use of materials appearing on this Site may constitute a violation of copyright, trademark or other applicable laws and is punishable by law.

Article 11 - Personal data

The database containing the data provided has been declared to the French Data Protection Authority (Commission Nationale Informatique et Libertés). In accordance with Law No. 78-17 of January 6, 1978, the Customer has the right to oppose, access, and rectify any data concerning him/her that has been brought to the attention of Atelier Romane the execution of the contract. The Customer may exercise these rights by contacting Atelier Romane email atcontact@atelier-romane.fr.

In accordance with current regulations, the customer's request must be signed and accompanied by a photocopy of an identity document bearing his signature, and must specify the address to which the reply is to be sent. A reply will be sent within 2 months of receipt of the request.

In addition, if the Customer so wishes, he may :

  • to send promotional offers and newsletters; any other use by third parties is unauthorized.

Otherwise, Atelier Romane will only use this information within the strict framework of processing Customer orders and compiling statistics in order to improve its Site and the services offered.

Article 12 - Evidence

Unless the Customer provides proof to the contrary, Atelier Romane 's automatic recording systems are considered as proof of the nature, content and date of the sales contract.

Article 13 - Applicable law - Disputes - Claims handling - Mediation

This contract is governed by French law. The language of this contract is French. In the event of a legal dispute, the French courts shall have exclusive jurisdiction, subject to the applicable mandatory legal provisions.

For any complaints, please contact customer service in advance at the following address: contact@atelier-romane.fr. In accordancewith the rules applicable to mediation, any consumer dispute must first be submitted in writing to the Consumer Service before any request for mediation can be made.

Then, if the disagreement persists and in accordance with Ordinance no. 2015-1033 of August 20, 2015 on the out-of-court settlement of consumer disputes, any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute opposing him or her to a professional. The time limit for the consumer to refer a dispute to a mediator is one year from the date of his or her written complaint to the professional.

The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase, and then pass them on to the relevant national ombudsmen.

The platform can be accessed at http://ec.europa.eu/consumers/odr/

Legal information:

Publishing Director: Mr Lefeuvre Mickael

Publisher: Atelier romane sas

Contact email address:contact@atelier-romane.fr

Host : www.shopify.com