General conditions of sale of the site atelierkabuto.com
Between the company Atelier Kabuto EI,
11 rue du Chevalier Robert, 67000 Strasbourg,
micro-enterprise status,
under the SIRET number 947 965 943 00014,
represented by Mrs. Solveig SAUVAGE
as manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the site's home page.
Hereinafter the “Seller” or “Atelier Kabuto”.
Firstly,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
The following was presented and agreed:
PREAMBLE
The Seller is a publisher of Stationery Products and Services and decorative objects intended for consumers, marketed via the website (www.atelierkabuto.com) and its other sales channels. The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
By accepting these General Conditions of Sale, the Buyer declares to have reached the age of majority in his country, state or province of residence to make an online purchase from Atelier Kabuto.
The use of Atelier Kabuto products for any illegal or unauthorized purpose is prohibited. The Buyer shall also not, in the use of the product or service, violate the laws of the jurisdiction of the country in which it is domiciled.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (CGV) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing the order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: www.atelierkabuto.com.
The Company also ensures that their acceptance is clear and unreserved. The acquisition of a product and the placing of an order through this site implies unreserved acceptance by the buyer of these conditions of sale of which the buyer acknowledges having read prior to his order, and accepting them without restriction.
The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs.
The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros including tax (VAT not applicable according to article 239-B of the CGI) excluding specific shipping costs. Shipping costs may vary depending on destination, due to specific rates charged by the carrier. Shipping costs are calculated at the delivery price invoiced by the carrier, the price of the packaging and/or delivery envelope, and the labor mobilized to transmit the products to the carrier. Shipping rights customs or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
Article 4: Conclusion of the contract online
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place their order: – Information on the essential characteristics of the Product; – Choice of the Product, where applicable, its options – Indication of the Customer’s essential contact details (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double click formality) and, where applicable, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will constitute the formation of this contract. – Then, follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
During the ordering process, the customer will have the possibility of identifying any errors made in data entry and correcting them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to comply can be consulted on the Seller's website at the following address: www.atelierkabuto.com
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The online site atelierkabuto.com is accessible 24 hours a day, 7 days a week, subject to its closure for maintenance, repair, force majeure or the physical impossibility of its manager (Mrs. Solveig Sauvage) to operate managing and sending orders, particularly when traveling in France or abroad. During the period of its closure, it will no longer be possible to place online orders.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this does not include shipping costs invoiced additionally. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. Colors and images visible on screen may vary from the physical product. The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following manner: within fifteen (15) days following receipt of the order made by the Buyer, the Buyer must send a complaint by email to the address atelierkabuto@gmail .com. In order to take into account the honesty and legitimacy of the reimbursement request from the Buyer, he must attach proof of the defective product or that does not correspond to the order.
Article 7: Reservation of ownership clause
The products remain the property of the Company until full payment of the price.
Article 8: Shipping and delivery terms
The products are delivered to the delivery address which was indicated when ordering and within the times indicated. These deadlines do not take into account the order preparation time.
Deliveries are mainly made via the carrier La Poste. At the time of payment, the buyer has the choice between delivery with or without tracking for orders. Deliveries are without signature. The delivery times expected when placing orders are given for information purposes only and do not constitute a commitment on the part of Atelier Kabuto. Any delays do not give the buyer any right to cancel the sale, refuse the goods from the delivery person or request damages. Atelier Kabuto cannot be held responsible for any delay or damage to the package caused by the carrier. The customer must open their order upon receipt, in order to verify the conformity and quantity of the products ordered, and this in the presence of the delivery person. If the products delivered do not conform in nature or quality to the specifications indicated in the delivery note, the Customer must formulate his complaints within fifteen (15) days after delivery. Once the package has been accepted by the recipient, it is considered to have been received in perfect condition, hence no complaints can be taken into account by Madame Sauvage Solveig if the customer has not made any complaints to the delivery person. In the event of force majeure, Atelier Kabuto is released from the delivery obligation.
In the event of a shipping delay, Atelier Kabuto will clearly inform the Buyer. Products are shipped during Atelier Kabuto opening hours and during weekdays, excluding weekends. Shipping time may extend up to 5 days.
The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him.
Article 9: Availability and presentation
If an item is unavailable for a period of more than 30 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: Contact at atelierkabuto@gmail.com. We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised improperly. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: Atelier Kabuto, 11 rue du Chevalier Robert, 67000 STRASBOURG, FRANCE. Refund procedure: the refund will only be made once the order has been received by Atelier Kabuto, and after verification of the condition and number of products ordered corresponding to the original order. Please note again that the costs of returning the order will be at your expense.
Article 12: Complaints and mediation
The Buyer may submit any complaint by contacting the company using the following contact details: atelierkabuto@gmail.com.
In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together in with a view to obtaining an amicable solution.
Article 13: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 16: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller sets up a processing of personal data which has the purpose the sale and delivery of products and services defined in this contract.
The duration of data retention: the commercial limitation period - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested during the order are necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.
Article 17: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
General Conditions of Sale drawn up from a free and open model which can be downloaded from the site: https://www.donneespersonnelles.fr