GTC - General terms and conditions of sale - Atelier Fauves

The present General Conditions of Sale are concluded between, on the one hand, Atelier Fauves SARL with a share capital of 14 000 € registered in the RCS of Annecy under the number 902 658 244, having its head office at 4 rue Joseph Dessaix, 74000 Annecy (hereinafter "Atelier Fauves" or "the Seller" or "the company"), and, on the other hand, any person who has made a purchase on the website www.atelier-fauves.com, hereinafter referred to as "the Customer" or "the buyer" or "the user". Any purchase on the site www.atelier-fauves.com (hereinafter the "Site") automatically entails acceptance of all of these conditions. 

ARTICLE 1: PURPOSE

The purpose of these GTC is to define the conditions under which Users can access the Site, place Orders and manage the relationship between Atelier Fauves and Users, including all the rights and obligations arising from it.

They apply to the relations between Users and between Users and Atelier Fauves. All Users undertake to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order.

Atelier Fauves is free to modify, at any time and without prior notice, the present GTC, in order to take into account any legal, jurisprudential and/or technical evolution.

In any case, the fact that the User continues to use the Site after being informed of the modification of the GTC implies the acceptance of the modifications of the latter by the User.

The version of the GTC that prevails is the latest version available on the Site.

The version applicable to an Order is the one in force on the date the Order is placed.
Each new Order requires the acceptance of the GTC by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GTC or any subsequent amendments thereto, they must refrain from using the Site.

 
The User declares that he/she has obtained from Atelier Fauves, prior to placing an Order, all the information concerning the Products and the delivery methods. The User declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.

The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order on the Site. Failing this, the User must have the authorisation of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts. 

By the present General Terms and Conditions of Sale, the Customer is forbidden to purchase for resale, within the meaning of Article L 110-1 of the French Commercial Code

These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly forbidden.

ARTICLE 2: PRICES

The prices of the products applied are those communicated on the site and confirmed to the customer during the validation of the order.

The prices of the products are indicated in euros, and are inclusive of all taxes for metropolitan France, excluding delivery costs; it being specified that the value added tax is that in force on the French metropolitan territory on the day the order is validated; which remain payable by the customer unless otherwise stated or under special conditions.

Furthermore, as we have chosen to sell our parts at the same prices all over the world, the prices indicated on our website are exclusive of tax for all deliveries outside mainland France. The French VAT is not applied and cannot be refunded following a delivery to any country where there is no export tax.

Thus, for example, the price displayed on our site for a product displayed at 50€ including VAT for delivery in France, and 50€ excluding VAT for delivery in a country such as Switzerland, Great Britain, Australia, the United States, etc.

The amount of the additional delivery costs is indicated to the customer directly on the "checkout" page. The Products remain the property of the seller until full payment has been received by the seller.

The transfer of the risks of loss and deterioration of the products will take place after delivery and receipt of the products by the customer.

We reserve the right to change our prices at any time but we undertake to apply the prices indicated on the site at the time of your order.

We inform you that in case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error.), the order -even validated by us- will be cancelled, of which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the correct price.

ARTICLE 3: PRODUCTS

Product description

The User is informed that photographs of the Products appear on the Site, which he/she may consult freely.
Atelier Fauves guarantees that these photographs were taken in standard conditions for the sector in question, with the Products themselves.
Atelier Fauves makes its best efforts to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (colour of the Products in particular). Nevertheless, Atelier Fauves cannot guarantee that the Products will be exactly identical to the photographs, in particular because of the technical constraints of making the photographs available on the Site.
The User declares to be perfectly aware of the provisions of the present article, and expressly accepts not to engage the responsibility of Altier FAUVES in this respect, subject to the application of the imperative legal provisions (guarantee of conformity in particular). 

Product availability

Atelier Fauves undertakes to honour the orders received only within the limits of available stocks. If one or more Products are not available, Atelier Fauves undertakes to inform the User as soon as possible. Atelier Fauves shall not be held liable in case of stock shortage or unavailability of Products.

The unavailability of the Product may be notified to the User: when entering his order, he will be informed that the desired product is temporarily unavailable - after the validation of his order by means of an e-mail sent to the Buyer by Atelier Fauves. 

In the event that the payment has already been made, Atelier Fauves undertakes to contact the payment service Paypal, Stripe or Alma in order to subtract the price(s) of the unavailable Product(s) from the amount deducted from the Purchaser's bank account.

ARTICLE 4: PAYMENT

Payment by credit card.

The price of the products purchased is payable in full on the day the order is placed by the customer.

Payment is made online, in euros, by credit card or by the online service Paypal or by the deferred payment processor Alma. The following credit cards are accepted: Carte Bleue, Visa, Mastercard. 

The customer's bank account corresponding to the credit card used for the payment is debited on the day of the order confirmation by Atelier Fauves.

In the event of non-payment, incorrect address or any other problem on the customer's account, Atelier Fauves reserves the right to block the customer's order until the problem is resolved.

Secure payment

All purchases made on the Site are protected and secured 7 days a week and 24 hours a day. The customer is directed to the Stripe secure payment form which incorporates the SSL security standard. During the payment process, the Customer indicates his card number, its validity date and the cryptogram on the back of his credit card. 

These data are automatically transmitted in encrypted mode (SSL protocol) to be verified in order to avoid abuse and fraud.

Payment via Paypal.

Payment via Paypal The terms of payment are specific to the platform of the payment provider Paypal, and are independent of Atelier Fauves, which does not intervene in any way in the use of the said service. All the terms and conditions related to the payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concomitantly to these GTC. Atelier Fauves does not keep any of the Customer's bank details, subject to the provisions below. Atelier Fauves shall not be held responsible for any malfunctioning of the Paypal payment platform.
By accepting the present, the Customer also agrees to be bound by the General Terms of Use of Paypal, accessible at the above address. These may be subject to change by Paypal only. In no case Atelier Fauves can modify the General Terms of Use of Paypal, a service provider over which it has no control. 

ARTICLE 5: ORDERING

The User may browse the Site without obligation to purchase.
In order to place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual basket.
It is not necessary to create a personal account on the Site in order to place an Order. On the other hand, some personal data of the Client are required for the proper execution of the Order by Atelier Fauves.
If the Customer wishes, he/she can create a personal account allowing him/her to follow the history of his/her Orders on the Site, to find the corresponding confirmations and invoices and to benefit from exclusive advantages. Certain personal data of the Customer is required to create a personal account.
The Customer is required to provide complete, up-to-date and accurate information, and Atelier FAUVES cannot be held responsible in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Web Site, which the Customer accepts and acknowledges.
Once the Order has been finalised, Atelier FAUVES confirms the acceptance of the order by sending an email to the Customer at the address indicated in the Order. 

The Order is validated once the payment has been fully completed and received by Atelier Fauves.

Atelier Fauves will send the Customer an invoice by email to the address given at the time of the Order. The Customer is advised to save or print the invoice and to keep it.
Atelier Fauves commits itself to fulfilling the validated Orders. 

Order confirmation

Within an hour of placing the order, the customer will receive an e-mail confirming :

- the registration of his order,

- details of items ordered

- the total price

- delivery charges

- the chosen method of payment

Atelier Fauves reserves the right not to validate the order in case of :

- abnormal or abusive claims,

- orders abnormal to the quantities ordered,

- Abnormal or abusive exchanges and returns,

- existing dispute(s) with the client.

- Suspicious bank details provided

Order archiving

The details of the order are archived in accordance with Article L.134-2 of the French Consumer Code, for a period of ten years on a secure server. However, no credit card number is kept.

ARTICLE 6: DELIVERY

Delivery costs shall be specified on the Web Site, including all taxes, during the Order process and must be accepted by the Customer at the time of validation of the Order.
They shall be shown on a separate line from the price of the Products.
It is expressly stated that the amount of delivery charges may vary depending on the territory in which the Products are delivered, which the Customer expressly acknowledges and accepts.

 
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays. 

In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Order process and before the validation of the said Order. Delivery times are also indicated in the Order confirmation e-mail sent to the Client. 

Delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery point (the Customer's postal address or a relay point). 

If no delivery time is indicated on the Site for the Products, Atelier Fauves undertakes to deliver them within a maximum of 30 (thirty) days from the date of the e-mail confirming the Order sent to the Client by Atelier Fauves. In this case, the Products concerned shall be delivered within the period indicated on the Site and reminded at the time of the Order.
However, as Atelier Fauves relies on external service providers (carriers, postal services, etc.) for the delivery of the Products, Atelier Fauves is totally dependent on these third party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without Atelier Fauves being responsible for these delivery delays and the consequences that may result from them. 

When the delivery is made against a signature, this is proof of the correct receipt of the package. The transfer of risk and responsibility for the Products takes place upon receipt of the Products by the Customer. From this date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents. Any Order received against the Customer's signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery. 

For shipments to a third country including the DOM: "the customer will bear the local tax of the country of consumption".

Atelier Fauves is not responsible for items returned to the sender for the following reasons: 

- Incorrect/insufficient address

- Unclaimed at the post office

- Failure to pay taxes/customs duties

ARTICLE 7: PRODUCT EXCHANGE/RETURN: RIGHT OF WITHDRAWAL

Under no circumstances can monogrammed or personalised products be returned due to a change of mind. We do not refund or exchange monogrammed or personalised products unless the item is defective.

The Buyer has a right of withdrawal for the following reasons:

- Non-satisfaction with the Product for any reason whatsoever, other than customised products or items including handmade paint, as indicated on the product page. 

- Product non-conformity.

You have 14 days to change your mind and return the item in its original condition. Returned items must not have been worn/used and must be in their original packaging (the box containing the product must also be in excellent condition). This period is extended to 30 days for people who have joined our customer base, also known as the "Cercle Fauves".

Return shipping costs are free for orders delivered in France and Monaco. For international deliveries (outside of France and Monaco), the buyer is responsible for return shipping costs.

Products must be returned undamaged, unopened and in their original packaging.

Products must be returned by post and only with the return label provided by Atelier Fauves.

To return the product, the customer should send an email to the following address: info@atelier-fauves.com

The email must contain the following elements:

• Title: "Product return
• Order number
• Name of the client
• Delivery address
• Email address of the attached account

Following this request, Atelier Fauves undertakes to provide you with a pre-paid return label for orders delivered in metropolitan France and Monaco.

Please note that without your returns form, we cannot identify your return and cannot refund you. If the customer sends the item back to us without using the returns form, the customer will not be reimbursed for the cost of shipping the item back to us. These will be charged to the customer.

Upon receipt of the package, Atelier Fauves 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, this use or damage making the Product(s) unfit for sale.

If the return is refused by Atelier Fauves for the above-mentioned reasons, 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. These costs include the costs of return deliveries and of the new shipment.

If the above-mentioned conditions are met and if the Buyer has requested a refund of the Product, Atelier Fauves will refund to the Buyer, within thirty (30) days from the date on which the Product has been received back by Atelier Fauves, the sums corresponding to the Product(s) acquired by him/her.

ARTICLE 8: DATA PROTECTION

The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order.

The security protocol guarantees a total confidentiality of the transmitted information. Atelier Fauves commits itself not to transmit or exploit any personal information of its Buyers (law "informatique et libertés" N° 78-17) except if they are linked to its strict activity.

In accordance with the Law "Informatique et Libertés" N° 78-017 of January 6, 1978, the User has a right of access, rectification and opposition to any communication of personal information concerning him. To exercise this right, the User must make a request to Atelier Fauves by e-mail or by post to the address mentioned in article 11.

The processing of personal information relating to Users is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL): n°1359103.

ARTICLE 9: LIABILITY - FORCE MAJEURE

In case of force majeure as defined by the current jurisprudence, the execution of the services of Atelier Fauves will be suspended for all or part. Force majeure means any external, unforeseeable and insurmountable event preventing ATELIER FAUVES from executing its contractual obligations.

In case of an event qualified as force majeure according to the previous paragraph, Atelier Fauves undertakes to notify the Client as soon as possible.

ARTICLE 10: INTELLECTUAL PROPERTY

Without this list being exhaustive, the brand " Atelier Fauves " as well as its derivatives and declinations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of Atelier Fauves. The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of the producers of databases in force, of which Atelier Fauves is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorisation of Atelier Fauves is strictly prohibited and may be subject to legal proceedings.
Any reproduction or representation, in whole or in part, of the Site or of its component parts, such as the brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being limitative, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. Atelier Fauves grants the User a right of access and consultation of the Site only, under the terms and conditions provided for in these GTC.

ARTICLE 11: COMMERCIAL OFFERS AND NEWSLETTERS

Atelier Fauves may send commercial offers to Customers by post, email, sms, telephone or via all the web spaces run by Atelier Fauves or any of its subsidiaries on social networks, subject to prior acceptance.

The Customer may at any time object to commercial prospecting at no cost by clicking on the "unsubscribe" link in each email.

ARTICLE 12: LIMITATION OF LIABILITY

Atelier Fauves declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products, in particular an attack on the reputation and image of the Customer, or a loss of data which could arise from the use of the Site.
In the event that Atelier Fauves is held liable for any damage suffered by the Customer, such liability shall be limited to the amount of the Sales Order paid by the Customer to Atelier Fauves. 

The User acknowledges that his use of the Site is at his own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity.
Atelier Fauves will do its best to make the Site accessible 24 hours a day, seven days a week, except in case of force majeure or an event out of Atelier Fauves' control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or acts of maliciousness or any attack on the hardware or software of Atelier Fauves 

Atelier Fauves cannot be held responsible for any interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption. 

The Site has the technology necessary to access and use it, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded.
Atelier Fauves does not offer any explicit or implicit guarantee as to the functioning of the Site, in particular any technical problem that may arise.
Atelier Fauves reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently. 

The responsibility of Atelier Fauves under the obligations of these GTC cannot be engaged in the case where the non-performance of its obligations would be attributable to the fact of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of Atelier Fauves.
It is agreed that in the event that the responsibility of Atelier Fauves is called into question, whatever the basis and/or the nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, all indirect, consecutive and/or accessory damages, such as for example a commercial disturbance, a loss of clientele, etc., will not give right to compensation to the benefit of the User.
In any event, the liability of Atelier Fauves, in the event of damage caused to the Customer, for whatever reason, shall be expressly limited and may not under any circumstances exceed the total amount, exclusive of tax, of the Customer's Order made under the present contract. 

The Customer undertakes to use the Products in strict compliance with the instructions for use provided by Atelier Fauves. Therefore, Atelier Fauves cannot be held responsible in case of non-conforming use of the Products by the Customer or a third party. 

ARTICLE 13: COMPLETENESS OF THE CONTRACT

These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.

In case of contradiction between these documents, the General Terms and Conditions of Sale shall prevail.

ARTICLE 14: APPLICABLE LAW - COMPETENT COURTS

The present general conditions of sale are governed by French law.

Any dispute that may arise between the Parties as a result of the formation, interpretation and/or execution of these terms and conditions shall, in the absence of an amicable settlement, fall under the exclusive jurisdiction of the Annecy Commercial Court.

LEGAL NOTICES

www.atelier-fauves.com is published and distributed by:
SARL Atelier Fauves with a capital of 14 000€.
Head office: 4 rue Joseph Dessaix, 74000 Annecy
Registered with the RCS of Annecy: 902 658 244
Intracommunity VAT number: FR39902658244
Siret: 902 658 244 00014
APE code: 1512Z

www.atelier-fauves.com is hosted by : Hostinger International Ltd 61 Lordou Vironos str. 6023 Larnaca, Cyprus / Contact of the Hostinger: fr@hostinger.com

Date of modification of the T&Cs: 17 January 2022 at 01:26