TERMS & CONDITIONS
Atelier Aliénor is the seller of the products and services on www.atelieralienor.com (hereafter “the website”).
The website is an electronic commerce website accessible via the Internet network, open to all users of this network. It is operated by ATELIER ALIENOR, a limited liability company with capital of € 2,000, whose registered office is 3 rue Capera, 64210 Bidart, registered in the Bayonne Trade and Companies Register under number 890 119 308 (Ci -after “Atelier Aliénor”).
The publication director is Laurie Allegre, legal representative of Atelier Aliénor. E-mail: contact@atelieralienor.com
The website is hosted by the company WordPress, 60 29th Street Suite 343 San Francisco, CA 94110 USA
1. OBJECT
The purpose of these Terms & Conditions is to define the terms of distance selling between Atelier Aliénor on the one hand, and any non-commercial person of full age (hereinafter “the Customer”) making a purchase on the website.
The present Terms & Conditions are available for consultation in French and in English. In case of difference between both versions, it is the French version which prevails. They specify in particular the various stages necessary for the placing of the order by the customer, the terms of payment and delivery, and specify the follow-up of the customer’s order. They can be modified at any time and without notice by Atelier Aliénor, the applicable conditions being those in force on the date of the order by the Customer.
2. THE PRODUCTS
The essential characteristics of the Products are presented on the website in each of the Product pages. Items such as photographs, texts, graphics as well as all the information and characteristics illustrating and / or accompanying the products are not contractual, which the Customer acknowledges. Consequently, Atelier Aliénor cannot be held liable for any error or omission of one of these elements or in the event of modification of said elements by the suppliers and / or publishers.
The Products for sale on the website are available within the limits of available stocks. If one or more items ordered are no longer available, the Customer will be informed by email as soon as possible. The Customer may then cancel the order for the article or articles concerned and be reimbursed, if applicable, the sums already paid, by credit to the bank account corresponding to the bank card used for payment at the latest within 30 days.
Some Products are offered for pre-order by Atelier Aliénor, i.e. they are out of stock but the stock will be replenished: in this case, the Customer is invited to pre-order and the replenishment time is indicated on the corresponding Product page on the website. The payment procedure remains the same. The definitive or temporary unavailability can in no way engage the responsibility of Atelier Aliénor, nor can it give rise to any right to compensation or damages in favor of the Customer.
3. THE PRICES
The prices displayed on the website are indicated in euros for Europe and in American dollars for the United States, all French taxes included (including VAT) whatever the place of delivery, excluding shipping costs.
The shipping costs will be indicated in the Customer’s basket, before the final validation of the order. The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data.
The Products will be invoiced on the basis of the prices in force at the time the order is placed. It is specified that the customs duties and any taxes requested upon delivery in certain countries to which the products are likely to be delivered are not included in the prices. They are the responsibility of the customer and are his sole responsibility.
4. PLACING AN ORDER
4.1 The stages of ordering
The Customer materializes his order by completing the following five steps:
Step 1: the Customer adds the chosen products to his basket, after having selected the desired model, size and color. Access to the basket is possible at any time to modify or validate it. The basket located at the top right of the screen informs the Customer that he has taken the selections into account by indicating the number of products it contains.
Step 2: the Customer checks the details of his basket, which he can modify at any time, and validates it after choosing his delivery method. The total amount including tax of the order contains, at this stage, only the price due for the products. Delivery costs will be indicated later during the order validation process.
Step 3: the Customer creates his customer account by entering his full contact details (delivery and billing details). Fields marked with an asterisk (*) are mandatory fields; it being specified that unless otherwise specified by the customer, the billing address will automatically be the same as the delivery address.
Step 4: When validating the order summary, the Customer expressly accepts the Terms & Conditions in force on the website.
Step 5: the Customer chooses his delivery method (the price varies depending on the product and the destination) then his method of payment. They are then redirected to the secure payment website where they enter their bank details. Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale.
4.2 Order confirmation
Within one hour of placing their order, the Customer will receive an email confirming: – the recording of his order, – details of the items ordered – the total price – delivery fees – the chosen payment method Atelier Aliénor reserves the right not to validate the order in the event of: – abnormal or abusive complaints, – abnormal orders with regard to the quantities ordered, – abnormal or abusive exchanges and returns, – existing dispute (s) with the Customer. – Bank details provided suspicious
4.3 Order archiving
The details of the order are archived in accordance with article L.134-2 of the Consumer Code, for a period of ten years on a secure server. However, no credit card number is kept.
5. RETENTION OF OWNERSHIP
Atelier Aliénor retains ownership of the goods until full payment of the price by the Customer. This right of claim relates to the goods as well as to their price if they have already been resold (law of 12 May 1980).
6. TERMS OF PAYMENT
6.1 Payment of the order
The price of the products purchased is payable in cash, in full on the day the order is placed by the Customer. Payment is made online by credit card via the Stripe payment platform (for any information, the Customer can consult the following website: https://stripe.com).
The final acceptance of the customer is therefore materialized by the validation of his bank details (bank card number, expiration date and cryptogram). The Customer must enter his bank card number, its validity date as well as the 3 numbers of the visual cryptogram on the back of his card. If payment is accepted, the Customer will be redirected to an order confirmation screen on the website. In the event of payment failure, the Customer will be redirected on the website to a screen indicating the refusal of payment.
The Customer’s bank account corresponding to the bank card used for payment is debited on the day of the order confirmation by Atelier Aliénor.
In the event of a payment default, an incorrect address or any other problem with the customer’s account, Atelier Aliénor reserves the right to block the customer’s order until the problem is resolved. In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
6.2 Payment security
All purchases made on the website are protected and secure 7 days a week and 24 hours a day. By clicking on the bank card of their choice, the Customer is directed to the website of the Stripe secure payment platform which incorporates the standard of SSL security.
When paying, the Customer indicates his card number, its validity date and the cryptogram on the back of his bank card. This data is automatically transmitted to the payment platforms in encrypted mode (SSL protocol) to be verified in order to avoid abuse and fraud.
7. DELIVERY
7.1 Definition
Delivery is deemed to have been made upon delivery of the product to the Customer by the carrier, as evidenced by the control system used by the latter.
7.2 Terms of delivery
Atelier Aliénor delivers its products to mainland France, including Corsica, to Europe, and to countries outside the European Union. The carriers used are COLISSIMO or DHL. The Products are shipped with the delivery slip, to the delivery address indicated by the Customer when ordering.
Delivery cannot be made to hotels or PO boxes. The Customer must ensure that he provides Atelier Aliénor with accurate and complete information relating to the delivery address.
In the event of an error in the wording of the contact details of the recipient of the package, Atelier Aliénor cannot be held responsible for the impossibility of making this delivery. Delivery is made by direct delivery of the Product to the Customer or, failing this, by sending a notice of availability to the Customer. Within fifteen days of the notice of availability, the Customer must collect the product ordered. In the absence of withdrawal within the period indicated, Atelier Aliénor may, after a reminder from the Customer to proceed with the withdrawal which has not been effective, automatically terminate the order and retain the sums paid as compensation.
When an international delivery (and more particularly in a country with customs duties) is refused by the Customer to our carrier, we reserve the right to invoice the return costs to the Customer as well as the customs costs ( for the return of the Product to its country of origin). The amount of these costs will be directly deducted when the order is reimbursed. The following are considered in particular as force majeure releasing Atelier Aliénor from its obligation to deliver: war, riot, fire, flood, strikes, accidents, the impossibility of being supplied.
7.3 Delivery times
7.3.1 Ordering Products in Stock
For any order placed on the website, we undertake to prepare your order in 24 to 96 hours (excluding weekends and public holidays) and in a maximum of 10 working days during periods of high activity. The delivery times indicated on the website are indicative times, corresponding to the average processing and delivery times, they are to be calculated in working days.
In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.).
7.3.2 Pre-order
Atelier Aliénor sells pre-order products, in particular customized products. The manufacture of these parts does not begin until the end of the pre-order period from Atelier Aliénor suppliers. The times between the Customer’s pre-order and delivery vary depending on the type of product offered and its manufacturing requirements. Atelier Aliénor undertakes to inform the Customer of the progress of the processing of his order.
From the end of the pre-order period and after verification with the suppliers and manufacturers of Atelier Aliénor of the manufacturing times, the Customer will be informed of the firm delivery time of your order.
7.4. Receipt of products and transfer of risk
Pursuant to Articles L.216-3 et seq. Of the Consumer Code, any risk of loss or damage to goods is transferred to the Customer when the latter, or a third party designated by him, and other than the proposed carrier. by Atelier Aliénor, takes physical possession of these goods. It is the Customer’s responsibility to check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears clear traces of deterioration. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt.
8. RIGHT OF WITHDRAWAL
8.1 Pursuant to article L.221-18 of the Consumer Code, the Customer located in France exclusively has a period of fourteen (14) days from the day after receipt of his order from Atelier Aliénor to exercise his right of withdrawal, without having to justify or justify its decision. To return the product, the customer simply needs to send an e-mail to the following address: contact@atelieralienor.com
The email must contain the following:
Title: “Product return”
Order number
Client name
Delivery address
Email address of the Customer account
Atelier Aliénor will send a confirmation electronically without delay. To obtain a free return slip, you can write to contact@atelieralienor.com.
You will be provided with a printable voucher. It will then be necessary to print it, put it on the package and drop it off in a “La Poste” store. Free returns only concern shipments to Metropolitan France. Any shipment made by the Customer himself, without going through the return form, will not give rise to reimbursements for the delivery costs of this return. These will therefore be the responsibility of the customer. The first shipment of the Product remains the responsibility of the Customer and will therefore not be refunded. Only the return costs will be borne by Atelier Aliénor for all orders placed in France only.
Atelier Aliénor will reimburse the Customer for the full amount of his order with the exception of the first shipment which remains the responsibility of the Customer, on the day on which the order to which the withdrawal relates has been received by Atelier Aliénor, using the same means of payment to make this refund than that used for the payment of the order. At the end of the withdrawal period, the sale is firm and final.
8.2 The returned Product (s) must be new, unused, and if applicable in their original box.
The product must be returned in its original packaging, in its original condition, new, unworn. Any item returned soiled and / or damaged by the Customer will not be taken back.
Upon receipt of the package, Atelier Aliénor will judge the perfect condition of the returned Product (s). No return will be accepted if the returned Product (s) has (have) been visibly used or damaged by the Customer, such use or damage rendering the Product (s) ( s) unfit for sale.
If the return is refused by Atelier Aliénor for the reasons set out above, the Product (s) will then be returned to the Customer at the latter’s expense without the latter being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the Products sold.
9. RETURNS, EXCHANGE AND REFUND
Returns:
If one or more items are not suitable, the Customer has 15 days from the date of delivery of the goods to return it or them against reimbursement. The postmark or the date of the delivery receipt constitutes the starting date of this period. The return or cancellation may concern all or part of the order.
To send a refund request on our eshop, the Customer must send an email to the following address: contact@atelieralienor.com. He must indicate for what reasons he wishes to make a return. The Customer will receive by email, within a maximum of 2 working days, a confirmation of his return request as well as a return label and a delivery label that he will print.
The Product must be returned in new condition, in its original packaging and accompanied by the order return label, to the address indicated on the transport label.
Products returned incomplete, damaged, damaged, worn or soiled will not be taken back. Returned Products will be reimbursed to the Customer within a maximum period of 15 days from their receipt by Atelier Aliénor.
Once the Products have been received, checked and accepted by our services, the reimbursement of the Returned Products at the invoiced price will be made by crediting the amount to be reimbursed to the Customer’s bank account debited during the transaction. Delivery costs are not refunded and return costs will also be deducted from the amount to be refunded.
Exchange:
The exchange will be made by issuing a credit equal to the sum of the amount of the Products and valid for 3 months. This credit note will be sent by email following the processing of the return of the Products. To take advantage of his credit, the Customer simply has to enter the code in “Discount coupon” in your basket. The reduction takes place automatically. It can only be used once. The credit is valid for 3 months from the date of issue. The costs of returning the initial order as well as the shipping costs of the new order are the responsibility of Atelier Aliénor.
10. GUARANTEES
The Products benefit from guarantees of conformity and hidden defects. Without prejudice to the withdrawal period provided for in article 8, in the event that the items delivered do not conform in kind or in quality to the specifications indicated in the delivery note, the Customer must inform Customer Service by writing to contact@atelieralienor.com.
He will then receive a return label by email, which he will print. The Product must be returned in new condition, in its original packaging and accompanied by the return label, to the address indicated on this return label. The shipping costs associated with the return package will be refunded to the Customer, by crediting the amount to be refunded to the Customer’s bank account debited during the transaction.
Once the Product has been received, checked and accepted by our services, Atelier Aliénor will send a new Product corresponding to the Customer’s order and conforming to the description of the Product.
If the Product is no longer available, Atelier Aliénor will notify the Customer by email and offer him a credit or reimbursement for the amount of the returned Product. The credit will be in the form of a discount voucher sent by email to the Customer. The refund of the returned Product at the invoiced price would be made by crediting the amount to be refunded to the Customer’s bank account debited during the transaction. The withdrawal period does not start to run again after receipt of the new Product.
11. RESPONSIBILITIES
Atelier Aliénor has, for all stages of access to the website, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. Atelier Aliénor cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with to law and jurisprudence.
The responsibility of Atelier Aliénor with regard to any product purchased on the website is strictly limited to the purchase price of the latter. Atelier Aliénor will in no way be responsible for the following losses, regardless of their origin:
• loss of income or sales
• operating loss
• loss of profits or contracts
• loss of expected savings
• data loss
• loss of work or management time
• image damage
• loss of luck
• moral damage.
12. CONFIDENTIALITY OF PERSONAL DATA
The personal data collected on the website www.atelieralienor.com are necessary for the processing of the order. When an order is placed on the website by any new Customer, this database is enriched with information about him, which will subsequently enable him to better meet his expectations and facilitate the assistance services provided. by Customer Service. In accordance with the law of January 6, 1978, the Customer has a right of access to personal data concerning him that he can exercise in writing to Customer Service at contact@atelieralienor.com and this, without prejudice to the right which he also has to oppose for just cause the processing of this data.
13. INTELLECTUAL PROPERTY RIGHTS
All the Products, as well as the texts, comments, photos, brands, graphics, concept, illustrations and images composing the website are the exclusive property of Atelier Aliénor and are protected by intellectual property rights in France and around the world. Any total or partial reproduction of these elements or of the website is strictly prohibited.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
In case of translation of the website and the Terms, the French language prevails for interpretation. These Terms are subject to French law. Any dispute must be the subject of a prior attempt at amicable settlement. In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding the plurality of defendants or call in warranty.
LEGAL NOTICE EDITOR
Company name: Atelier Aliénor
Legal form: Limited Liability Company Share capital: € 2,000
Headquarters: 3 rue Capera, 64210 Bidart, France
RCS number: 890 119 308
Director of publication: Laurie Allegre
Artistic direction: Laurie Allegre
Photo credit: Elaine McKellips and Cécilia Thibier