Verkoopvoorwaarden
INTRODUCTION
Atelier Tandem, operator of the merchant site www.atelier-tandem.fr (hereinafter the "Site"), is a micro-enterprise with a capital of 1,000 euros, whose head office is located at 4 rue Lazare Carnot 92140 CLAMART, registered in the Trade and Companies Register of Issy les Moulineaux.
Atelier Tandem uses the Site to market goods in the field of textiles and accessories (hereinafter the "Products") in France. The Site is exclusively intended for individuals and access is strictly reserved for non-professional consumers (hereinafter the "Customer"). These General Terms and Conditions of Sale (hereinafter the "GTC") define the terms and conditions of the online sale and delivery of the Products and define the rights and obligations of the parties in this context. The GTC are exclusively applicable to products delivered to consumers established in France. The acceptance of the General Terms and Conditions by the Customer is materialized by a checkbox in the order form on the Site. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Customer who does not agree to be bound by the General Terms and Conditions must not place an order on the Site.
The General Terms and Conditions prevail over any other general or specific conditions not expressly agreed to by Atelier Tandem. They may be supplemented where applicable by specific conditions of use for certain services and/or products offered on the Site, which supplement the General Terms and Conditions and, in the event of contradiction, prevail over the latter. The fact that Atelier Tandem does not avail itself at a given time of any of the General Terms and Conditions cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions. The nullity of a contractual clause does not entail the nullity of the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the T&Cs by Atelier Tandem shall not constitute a waiver on its part of the other clauses of the T&Cs, which shall continue to have effect. The T&Cs, as well as all contractual information mentioned on the site, are written in French. In the event of a translation of the T&Cs into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision. Atelier Tandem reserves the right to modify its T&Cs at any time.
If you have any further questions, please do not hesitate to contact us at this email address: contact@atelier-tandem.fr.
1. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
The Site and all of its features are accessible: to any natural person with full legal capacity to enter into these general terms and conditions. The natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative. The Site is accessible to all Internet users 24 hours a day, 7 days a week, except in the event of planned or unplanned interruption by Atelier Tandem or its service providers, for reasons of maintenance, security or in the event of force majeure (as defined below). Atelier Tandem cannot be held liable for any damage, whatever its nature, resulting from the unavailability of the Site. Atelier Tandem does not guarantee that the Site will be free from anomalies, errors or bugs, nor that it will operate without breakdown or interruption. The company reserves the right to determine freely and at its discretion any period of unavailability of the Site or their content. Furthermore, Atelier Tandem cannot be held liable for data transmission problems, connection or network unavailability. In a technical or commercial context, Atelier Tandem reserves the right to make changes to the Sites. When these changes do not substantially and negatively affect the conditions of provision of the services, the Customer may be informed of the changes made, without their acceptance being required.
2. PRODUCTS
Each Product offered for sale and presented in the catalog published on the Site is accompanied by a description detailing their main characteristics in accordance with Article L. 111-1 of the Consumer Code. The Customer is fully informed that the images, photos and colors of the items offered for sale may not correspond to the actual colors due to the Internet browser of the screen used. The Products for sale on the Site are available within the limits of available stocks. In the event of delivery difficulties or out of stock of the Products ordered, we reserve the right to offer you replacement Products of equal or superior quality and value, which you will have the possibility to order. If you do not wish to order these replacement Products, we will fully refund the amounts you have paid.
3. PRICES
The Prices of the Products sold on the Site are displayed by item and reference, and are expressed in euros. The applicable prices are those displayed on the Site at the time the order is placed. The prices of the Products are those indicated on the Site, regardless of the delivery destination, and include all applicable French taxes (TTC), excluding shipping costs, which remain the responsibility of the Customer. Shipping costs will be calculated according to the order and indicated at the time of validation of your basket and cannot be the subject of a subsequent claim. Any customs fees and other taxes that may apply to the sale are also the responsibility of the Customer. Any change in the legal rate of the applicable VAT will be automatically applied to the prices of the items as soon as it comes into force. Atelier Tandem reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
4. REGISTRATION ON THE SITE
When placing an order, the Customer is invited to create an account in order to access their pre-recorded data and benefit from promotional offers. To do this, the Customer must fill out a form with their personal information in complete transparency, and they are required to update this information as soon as necessary.
The Customer must also choose an email address and a password that will be required each time they log in to their account. This personal information is secured by a password to ensure that only the Customer has access to it.
The Customer is informed and accepts that the information entered for the purpose of creating or updating their account constitutes proof of their identity. The information entered by the Customer is binding upon them as soon as it is validated. Atelier Tandem strongly recommends that the Customer does not disclose their password to others. The Customer is also responsible for logging out of their account and closing the browsing session at the end of each use in order to avoid any unauthorized access to their personal data. It is the Customer's responsibility to maintain the confidentiality of their password and they are solely responsible for the consequences of any fraudulent use of it. The Customer must immediately inform Atelier Tandem if they notice that their Account has been used without their knowledge. In accordance with the law of 6 January 1978, the Customer has a right of access to personal data concerning him, which he may exercise by contacting Customer Service in writing at contact@atelier-tandem.fr, without prejudice to his right to object, for legitimate reasons, to the processing of this data.
5. ORDER
To place an order, the Customer chooses the desired products and quantities, then adds them to his virtual basket. Then, he clicks on the "Proceed to payment" button and provides the necessary information for delivery and payment. Before finalizing by clicking on "Check order", the Customer can carefully check the details of his order as well as its total price. He has the option to go back to correct any errors or adjust his selection. The Customer clicking on "Pay now" The Customer confirms the order which results in acceptance of the General Terms and Conditions of Sale and concludes the sales contract. Any order is validated only after acceptance of payment. Once payment has been accepted, Atelier Tandem will send an order confirmation by email to the address provided by the Customer. A confirmation email summarizing the Order (Product(s), Price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Atelier Tandem. For this purpose, the Customer formally accepts the use of email for confirmation by Atelier Tandem of the content of his Order. Invoices are available in the "my account" section of the Sites.
6. INTELLECTUAL PROPERTY
The Atelier Tandem brand, the figurative logo(s) representing this brand, registered or not, displayed on the site www.atelier-tadem.fr, as well as the domain name www.atelier-tadem.fr are the exclusive property of Atelier Tandem.
The Site as a whole, as well as the elements that compose it (in particular texts, software, animations, photographs, videos, illustrations, logos, and more generally any distinctive sign etc.) constitute intellectual works protected by articles L.111-1 and following of the Intellectual Property Code. The Site as well as the elements that compose it are the exclusive property of Atelier Tandem, the only party authorized to use the intellectual property rights and personality rights relating thereto, in particular trademarks, models, copyrights and image rights, either originally or by virtue of a license or express authorization.
All models presented on this Site and offering original and exclusive illustrations are the property of Atelier Tandem, of which it holds the copyright. Any reproduction, partial or complete, is strictly prohibited, as is any public or private use on any medium whatsoever (web, paper, etc.). The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than personal and private use for a non-commercial purpose by the Internet user, is strictly prohibited. Violation of these provisions subjects its author to the sanctions provided for both by the Intellectual Property Code, in particular for copyright infringement (Article L.335-3), trademark law (Article L.716-9) and by the Civil Code in matters of civil liability (Article 9, Articles 1382 et seq.). The creation of any hypertext links referring to any of the web pages or elements making up the Site is prohibited, except with the prior written authorization of Atelier Tandem, which authorization may be revoked at any time. All sites with a hyperlink directing to the Site or any of the elements that compose it are not under the control of Atelier Tandem and the latter therefore declines all responsibility (in particular editorial) concerning access to and the content of these sites.
7. PAYMENT TERMS
Payment must be made in one go, but the Customer may also choose to pay in two or three installments or deferred payment within 15 or 30 days via ALMA, only in France. If the Customer opts for payment in installments or deferred payment, he/she accepts the specific conditions of this payment method.
The Customer may pay for his/her order by credit card (Visa, Mastercard, American Express, Bancontact) or via PayPal, available for certain countries outside France. Banking transactions on our Site are processed by our partner Stripe, which ensures rigorous security. In accordance with Article L 132-2 of the Monetary and Financial Code, the commitment to pay by credit card is irrevocable. Any order placed on the Site implies that the Customer guarantees that he/she has all the necessary authorizations to use the payment methods available on the Site. The Customer expressly acknowledges that the communication of his/her credit card number when ordering constitutes authorization to debit his/her account for the amount of the Products ordered. In the event of non-payment, an order cancellation notification will be sent to the Customer by Atelier Tandem to the email address provided when registering on the Site. The data recorded and stored by Atelier Tandem, with the exception of payment data, constitute proof of the order and all past sales. The data recorded by PayPal or STRIPE are authentic for all financial transactions between the Customer and Atelier Tandem. The Customer can pay for his order using e-gift cards issued by Atelier Tandem. These gift cards are valid for one (1) year from their date of purchase and can be used in one or more installments. If the balance of the gift card is insufficient to pay for the order, the Customer can complete the payment via PayPal or through the secure platform of our payment service provider STRIPE. If the balance of the gift card exceeds the amount of the order, the remaining amount will be kept on the gift card until the end of its validity. The Customer may also pay for his order using a credit previously issued by Atelier Tandem, according to the specific conditions attached to this credit. Promotional codes and gift cards cannot be used for the purchase of gift cards.
Atelier Tandem reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount that would be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
8. DELIVERY
For any order placed on the Site, and subject to the provisions of Article 1, when all the Products in your order are in stock, we undertake to prepare your order within 24 to 96 hours (excluding weekends and public holidays), and within a maximum of 10 working days during busy periods (Christmas, sales, etc.). When your order contains a pre-ordered Product, your entire order will be shipped within the time indicated on the Product description sheet at the time of purchase and on your order confirmation. Delivery corresponds to the transfer of physical possession of the Products to the Customer (the “Delivery”).
Depending on the Customer's choice, Delivery may be made either by collecting the Products from the selected collection point (subject to acceptance of the package by the selected relay point), or by receiving the Products at the postal address indicated, which must be the Customer's residential address, of a natural person of their choice, or of a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes. The countries in which the Customer can place an order and have it delivered are those listed on the Site.
The Delivery costs applicable to the order are those indicated on the Site at the time of the order in the "Delivery and returns" section.
When Atelier Tandem is responsible for shipping the Product, the risks of loss or damage to the Product are transferred to the Customer at the time of Delivery. Transport is provided by Chronopost, Mondial Relay or Colissimo, from Monday to Saturday, depending on the option chosen by the Customer when confirming their order.
Atelier Tandem delivers orders within a maximum of twelve (12) working days for delivery in France, this period being counted from the first working day following validation of the order.
To respect these deadlines, the Customer must ensure that they have provided accurate and complete information concerning the Delivery address (in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In the event that the Delivery deadline is exceeded, and as long as the Delivery is not effective, the Customer may request cancellation of the sale and obtain, within a maximum of fourteen (14) days after their request, a refund of the sums paid when ordering. However, Atelier Tandem cannot be held responsible for the consequences of a delay in delivery, only the refund of the Product by Atelier Tandem being possible, to the exclusion of any other form of compensation. In the event of impossibility of Delivery due to an incorrect address or the failure of the Customer to collect his order from the selected collection point, no reshipment will be made and the Customer will be reimbursed within fifteen (15) days from receipt of the order. The Customer is solely responsible for collecting the Products delivered within the necessary time frame.
9. RIGHT OF WITHDRAWAL, RETURN AND REFUND
Atelier Tandem does not make exchanges.
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with Atelier Tandem, without having to justify his decision. After this period of fourteen (14) days, the sale is considered firm and final. The Customer cannot exercise his right of withdrawal for a Product that has been used, worn, washed, damaged, unsealed or has been altered. Similarly, the right of withdrawal does not apply to gift cards.
For any questions or complaints, you can write to contact@atelier-tandem.fr
The Customer has a period of 15 calendar days after receipt of his order to make a return. The return costs are the responsibility of the Customer and are those indicated on the site at the time of ordering in the "Delivery and returns" section. A return label allows the Customer to return their order and the Customer must ensure that they keep the tracking number in order to follow the delivery of the returned product to the Atelier Tandem partner logistics workshop. Upon receipt of the returned product, Atelier Tandem will process it within 3 to 15 working days and a confirmation email will be sent to the Customer. The Customer's returned package will be processed within 3 to 15 working days after receipt. This period may be extended during busy periods. The amount is refunded to the bank account of the card used to pay for the order. The processing of the returned package will be confirmed by email to the Customer. From this confirmation message, the refund will be effective within 5 to 10 working days. For the full return of an order, the shipping costs will be refunded to the Customer, in mainland France. The amount refunded corresponds to the amount of the products returned with label and in perfect condition. If the Customer benefited from a discount code when ordering, it will not be recredited following its return. If after 3 weeks, the Customer's return has still not been processed by Atelier Tandem, the Customer must contact contact@atelier-tandem.fr. If a Product has a defect or fragility that has escaped our attention, we encourage the Customer to contact our team at contact@atelier-tandem.fr by attaching photos of the problem. We undertake to find the most appropriate solution as soon as possible. As long as Atelier Tandem has not received the return package, it remains the responsibility of the Customer. In the event of loss or any other problem occurring during the delivery of the return package, Atelier Tandem encourages the Customer to contact the carrier used for this shipment directly. The Customer is also invited to inform Atelier Tandem at contact@atelier-tandem.fr. Atelier Tandem will not be able to confirm receipt of items returned by the Customer until the package has been received. The Customer is recommended to keep proof of deposit of his package for the entire duration of the return processing. The Customer's return request may be refused in two cases if the Customer's item does not correspond to the return conditions detailed above on this page. Each Product is examined upon receipt. If the Customer's item has a defect, Atelier Tandem invites the customer to report it to contact@atelier-tandem.fr.
10. LEGAL WARRANTY
All Products available for sale on the Sites are covered by the legal guarantee of conformity (in accordance with Articles L217-1 et seq. of the Consumer Code) as well as by the guarantee against hidden defects (in accordance with Articles 1641 et seq. of the Civil Code). These guarantees allow the Customer to return defective or non-compliant Products delivered free of charge.
However, the guarantee does not apply to Products that have been modified, repaired or integrated by the Customer. It does not apply to apparent defects that the Customer could have noticed or not been unaware of when placing the Order, in particular by taking into account the information provided by Atelier Tandem. In addition, the guarantee does not cover damage occurring after the transfer of risks to the Customer or caused by improper use of the Product. If the Customer discovers a hidden defect within the meaning of Article 1641 of the Civil Code, he/she may exercise the legal guarantee against hidden defects within two years of the discovery of the defect. To assert this guarantee, the Customer must send his/her request to the Customer Relations Department at contact@atelier-tandem.fr.
In the event that the guarantee against hidden defects is implemented, Atelier Tandem undertakes, after assessment of the defect, either to fully reimburse the price of the returned Product or to partially reimburse the price of the Product if the Customer decides to keep it. It is important to emphasize that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive. They do not deprive the Customer of any other contractual or commercial guarantee that may have been granted by Atelier Tandem. Furthermore, they do not affect the Customer's right of withdrawal as defined in Article 9 of the General Terms and Conditions of Sale.
11. RETENTION OF TITLE
The Products remain the property of Atelier Tandem until full payment for each order has been received.
12. RESPONSIBILITIES AND OBLIGATIONS
Customer Obligations
Customers are solely responsible for the choice and use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs and constraints prior to purchasing said Products.
Finally, it is the Customers' responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
Responsibility of Atelier Tandem
Atelier Tandem undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, Atelier Tandem reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Atelier Tandem cannot be held responsible for temporary difficulties or impossibilities of accessing the Site that may originate from circumstances beyond its control, force majeure, or that are due to disruptions to telecommunications networks.
Atelier Tandem’s liability is excluded in the event of direct or indirect damage affecting property or people, suffered by the Customer or a third party, and resulting from the following cases:
Negligence or fault committed by the Customer or a third party;
Any use in conditions that are clearly not compliant with the use of the Products.
Atelier Tandem cannot be held responsible for the non-execution or delay in the execution of orders due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blockage of telecommunications networks, damage caused by viruses for which the security measures existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the GTC. In any event, the liability that may be incurred by Atelier Tandem under these terms is expressly limited to only proven direct damage suffered by Customers. Atelier Tandem uses software to recover, assemble and sort raw data provided by third parties. Said software generates study reports based on this data. Thus, Atelier Tandem cannot guarantee the reliability or accuracy of said information and thus those of the results established by the study reports, objects of the Products. Atelier Tandem cannot therefore be held liable in this respect. Atelier Tandem cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Customer would access via hypertext links present on the Site. Atelier Tandem assumes no liability for the content, advertisements, products and/or services available on such third-party sites and mobile applications, which are, it is recalled, governed by their own terms of use. Atelier Tandem is also not responsible for transactions between the Customer and any advertiser, professional or trader (including its potential partners) to whom the Customer may be directed via the Site and may not under any circumstances be a party to any potential disputes with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
13. ADVERTISING
Atelier Tandem reserves the right to insert on any page of the Site and in any communication to Customers any advertising or promotional messages in a form and under conditions of which Atelier Tandem will be the sole judge.
14. APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law.
If the Customer encounters difficulties when ordering or delivering Atelier Tandem items and considers that his consumer rights have not been respected, he may submit his complaint in writing to contact@atelier-tandem.fr to request an amicable resolution of the dispute directly with Atelier Tandem.
In the event of failure of amicable resolution by the Customer Service, the Customer has the right, within one (1) year from this complaint, to use a consumer mediator free of charge in order to resolve the dispute opposing him to Atelier Tandem SAS In accordance with Article L. 612-1 of the Consumer Code The Mediator Service may be contacted for any consumer dispute for which an amicable settlement has not been successful.
The Customer may use the CM2C mediation service free of charge:
- By electronic means at the address: cm2c@cm2c.net
- By post at the address: CM2C – 49, rue de Ponthieu in Paris (75008)
- On their website https://www.cm2c.net/
The Customer also has the possibility of using the online dispute resolution platform made available by the European Commission, accessible at the following address: http://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.
Furthermore, the Customer always retains the right to take legal action to resolve a dispute. Any dispute will be submitted to any legally competent court.