These General Terms and Conditions of Sale are concluded between, on the one hand, ATELIER SHELTER, SAS with a capital of €1,000 registered with the RCS of Versailles under number 882 976 764, having its registered office at 13 rue de Témara 78 100 Saint-Germain- en-Laye (hereinafter "L'ATELIER SHELTER"), and on the other hand any person who has made a purchase on the site https://www.lateliershelter.com, hereinafter referred to as "the Customer". Any purchase on the www.lateliershelter.com site (hereinafter the “Site”) automatically entails acceptance of all of these conditions.
ARTICLE 1 – DEFINITIONS
Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site./p>
Order: means the process for the Customer to select the Products he wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he wishes to be delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by L’ATELIER SHELTER, which will ship the Products ordered according to the terms of these GCS.
Contract: refers to these T&Cs and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would oppose the Contract, and which would therefore be unenforceable against L’ATELIER SHELTER.
Personal data: refers to all the personal information relating to the Customer, a natural person, provided by him when placing the Order.
Parties: jointly designates ATELIER SHELTER and the Users of the Site.
Products: refers to the products available for sale on the Site.
User: designates any natural or legal person accessing the Site, whether or not they are a Customer.
Professional: refers to the buyer who is a legal or natural person who acts within the framework of his professional activity and who is not subject to the provisions applicable to consumers.
ARTICLE 2 – PURPOSE OF THE CGV AND VERSION IN FORCE
2.1. The purpose of these T&Cs is to define, throughout the world, the conditions under which Users can access the Site, place Orders and manage relations between L'ATELIER SHELTER and Users, including all the rights and obligations who as a result.
2.2. They apply in the relations between Users between themselves and between Users and L’ATELIER SHELTER. Any User undertakes to comply, without restriction or reservation, with these T&Cs, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site.
2.3. ATELIER SHELTER is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal, jurisprudential and/or technical developments. ATELIER SHELTER will inform the User of this by any means, who must accept the new T&Cs. In any case, the fact for the User to continue to use the Site after information of the modification of the GCS entails the acceptance of the modifications of the latter by the User. Thus, the User is advised to regularly consult the T&Cs accessible at the address https://www.lateliershelter.com/content/6-conditions-generales-de-vente-d-utilisation. The successive versions of the T&Cs will be accessible from the Site.
2.4. The prevailing version of the T&Cs is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date of placing the latter. Each new Order requires the acceptance of the T&Cs by the Customer, which the latter acknowledges and accepts. If Users do not accept the T&Cs or their subsequent modifications, they must renounce all use of the Site.
2.6. The User declares having obtained from L'ATELIER SHELTER, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of the Products as well as their suitability for his needs.
2.7. The User must be a duly represented legal person or an adult natural person with the legal capacity to place an Order on the Site. Otherwise, he must have the authorization of his legal representative to place an Order, which he expressly acknowledges and accepts.
ARTICLE 3 - PRICE
All prices presented on the Site are in euros, all taxes included. ATELIER SHELTER reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of their Order. The prices indicated do not include delivery costs which will be invoiced in addition, under the conditions indicated on the Site and calculated prior to the placing of the Order and detailed, if necessary, in the summary before placing the Order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice will be given to the Customer on first request addressed to firstname.lastname@example.org.
ARTICLE 4 - PRESENTATION OF ARTICLES
The User is informed that photographs of the Products appear on the Site, which he may consult freely. ATELIER SHELTER guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves. ATELIER SHELTER makes its best efforts to ensure that the photographs of the Products are as consistent as possible with the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, ATELIER SHELTER cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site. Furthermore, L'ATELIER SHELTER strives to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, L’ATELIER SHELTER cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: email@example.com The User declares to be fully aware of the provisions of this article, and accepts already expressly not to engage the responsibility of L'ATELIER SHELTER in this respect, subject to the application of the mandatory legal provisions (guarantee of conformity in particular).
ARTICLE 5 - ORDER
The User can browse the Site without obligation to purchase. In order to place his Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket. The creation of a personal account on the Site is not necessary to place an Order. On the other hand, certain personal data of the Customer are required for the proper execution of the Order by L’ATELIER SHELTER. If the Customer wishes, he has the option of creating a personal account allowing him, in particular, to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices. Certain personal data of the Customer is required to proceed with the creation of a personal account. The Customer is required to provide complete, up-to-date and fair information, L’ATELIER SHELTER cannot be held liable in this regard. 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. It is specified that the products are intended for the personal use of the user, without any direct relationship with the professional activity of the latter. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. Once the Order has been finalized, payment is confirmed by L’ATELIER SHELTER by sending an email to the Customer at the address indicated when placing the Order. The Order is validated once payment has been made in full and received by L’ATELIER SHELTER. Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as relevant information relating to delivery. ATELIER SHELTER undertakes to honor validated Orders, within the limits of available stocks. In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will have the choice to be reimbursed the amount corresponding to the unavailable Products, or to be delivered when the Products concerned are again in stock (unless definitively withdrawn from the catalog). In any event, L’ATELIER SHELTER cannot be held responsible for any damage suffered by the Customer, nor liable for any damages. ATELIER SHELTER may modify the assortment of products offered for sale on the Site at any time, without prejudice to the Orders placed by the Customer.
ARTICLE 6 - DELIVERY
The delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. They will appear on a specific line separate from the one specifying the price of the Products. It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, 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. Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before the validation of the said Order. If the Products ordered have not been delivered within thirty (30) days of the placing of the Order, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the request writing from the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction. The delivery times include the preparation and shipment of the Order, as well as the delivery time of the Products to the delivery point (Customer's postal address or pick-up point). If there is no indication on the Site of a delivery time for the Products, ATELIER SHELTER undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent. to the Customer by L'ATELIER SHELTER. In this case, the Products concerned are delivered within the time indicated on the Site and recalled at the time of the Order. However, as L'ATELIER SHELTER uses external service providers (carriers, postal services, etc.) for the delivery of the Products, L'ATELIER SHELTER is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be affected by the service providers, without L'ATELIER SHELTER being liable for these delivery delays and the consequences that may result therefrom. When the delivery is made against signature, this is proof of the good reception of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to accept the Order and to affix his signature to any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
ARTICLE 7 - PAYMENT
The Customer pays on the www.lateliershelter.com website by credit card from the Visa, Mastercard, Maestro and American Express networks via the Stripe.com secure payment platform and by Paypal. The Customer warrants to the Seller that he is fully authorized to use the means of payment chosen for the payment of his Order and that this means of payment legally gives access to sufficient funds to cover all the costs resulting from his Order on the Site. ATELIER SHELTER cannot be held responsible in the event of fraudulent use of the means of payment used.
● Payment via Stripe (Credit card): The terms of payment are specific to the platform of the payment provider Stripe.com, and are independent of L'ATELIER SHELTER, which is not involved in any way in the use of said service. All the terms and conditions related to payment via the Stripe.com payment solution are governed by the General Terms and Conditions of Use of this service, accessible at the address https://stripe.com/fr/privacy and which can be requested from the address firstname.lastname@example.org, which apply concomitantly to these T&Cs. ATELIER SHELTER does not keep any bank details of the Customer, subject to the provisions below. ATELIER SHELTER cannot be held responsible for any malfunction occurring on the Stripe payment platform. By accepting these, the Customer also agrees to be bound by the General Terms and Conditions of Use of Stripe.com, accessible at the above address. These are subject to change by Stripe.com only. Under no circumstances may ATELIER SHELTER modify the General Terms and Conditions of Use of Stripe.com, a service provider over which it has no control.
● Payment via Alma (2/3/4 times free of charge): The terms of payment are specific to the platform of the payment provider Alma, and are independent of L'ATELIER SHELTER, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the Alma payment solution are governed by the General Terms and Conditions of Use of this service, accessible at the address https://getalma.eu/legal/terms/customer and which can be requested from the address email@example.com, which apply concomitantly to these T&Cs. ATELIER SHELTER does not keep any bank details of the Customer, subject to the provisions below. ATELIER SHELTER cannot be held responsible for any malfunction occurring on the Alma payment platform. By accepting these, the Customer also agrees to be bound by Alma's General Terms and Conditions of Use, accessible at the above address. These are subject to change by Alma only. Under no circumstances may ATELIER SHELTER modify the General Conditions of Use of Alma, a service provider over which it has no control.
● Payment via Paypal: The terms of payment are specific to the platform of the Paypal payment service provider, and are independent of L'ATELIER SHELTER, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, accessible at the address https://www.paypal.com/fr/webapps/mpp /ua/useragreement-full and which can be requested at firstname.lastname@example.org, which apply concomitantly to these T&Cs. ATELIER SHELTER does not keep any bank details of the Customer, subject to the provisions below. ATELIER SHELTER cannot be held responsible for any malfunction occurring on the Paypal payment platform. By accepting these, the Customer also agrees to be bound by the General Conditions of Use of Paypal, accessible at the above address. These may be subject to change by Paypal only. Under no circumstances may ATELIER SHELTER modify the General Conditions of Use of Paypal, a service provider over which it has no control.
ARTICLE 8 - WITHDRAWAL
In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging. original and in perfect condition (any damaged, incomplete, damaged product or whose packaging is damaged will not be taken back), to request a refund without penalty. In particular, L’ATELIER SHELTER will not reimburse cosmetic products whose seal has been removed. The return costs are borne by L'ATELIER SHELTER who will provide the Customer, by e-mail, with a return label on request from the latter sent by e-mail to the address: email@example.com, specifying the e-mail address with which the Order was made and the Product(s) concerned by the withdrawal, as well as attaching a copy of the corresponding invoice. The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other item enabling the Order in question to be identified, and its holder. The return of the Product is carried out at the risk and peril of the Customer. If the package is lost, stolen or damaged when returning the product, L’ATELIER SHELTER reserves the right to refuse reimbursement of the returned product(s). Only the Customer identified as such with L'ATELIER SHELTER can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery. The return address is: Inside the MIN, 12 Avenue Jean Joxé, 49100 Angers.
ARTICLE 9 – PERSONAL DATA
9.1. Personal data is collected by L’ATELIER SHELTER when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility of placing an Order as a "guest". In addition, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by L’ATELIER SHELTER. These are the Customer's surname, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.
In addition, the Customer can create a personal account using the Facebook Connect interface. In this case, the Customer authorizes L'ATELIER SHELTER to collect the personal data contained in the public profile and the e-mail address associated with the Customer's Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts the general terms and conditions of use of Facebook, in addition to these, accessible at the following address: https://www.facebook.com/terms. This personal data is subject to automated processing for the purposes of managing the Order and the ATELIER SHELTER customer base, as well as commercial prospecting, and for statistical purposes.
They may be transmitted to the commercial partners of L'ATELIER SHELTER who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by L'ATELIER SHELTER, these services collect certain personal data belonging to Customers on behalf of L'ATELIER SHELTER.
Said data is kept for the time necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from L’ATELIER SHELTER under the conditions described below. Subject to the Customer's express acceptance by means of checkboxes, the Customer's email address may also be used by L'ATELIER SHELTER for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, he has the possibility of modifying his choice by contacting L'ATELIER SHELTER under the conditions mentioned below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to employees of L'ATELIER SHELTER, authorized to process them by reason of their duties. The information collected may possibly be communicated to third parties linked to L'ATELIER SHELTER by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases set out above, L'ATELIER SHELTER undertakes not to sell, rent, assign or give access to data to third parties without the Customer's prior consent, unless forced to do so by reason of a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016, the The User benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
He may thus demand that personal data concerning him which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to L'ATELIER SHELTER's legal obligations. The User may also, under the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also oppose, for legitimate reasons, the processing of data concerning him, and request the limitation of data processing.
To exercise these rights, the User must send a request to the following postal address L'ATELIER SHELTER, 13 rue de Témara 78 100 Saint Germain en Laye, or by email to firstname.lastname@example.org indicating his name and first name. ATELIER SHELTER may ask the User to prove his identity, by attaching any necessary document to his request, in particular a copy of his identity card or passport.
ATELIER SHELTER will implement the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach on the Site or loss of personal data relating to Users, L’ATELIER SHELTER will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right of complaint, which they can exercise with the national supervisory authority, namely the CNIL. To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2. ATELIER SHELTER is likely to set up cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
The cookies installed by L’ATELIER SHELTER are deleted from the Customer’s computer terminal after a period of 13 months. The User may oppose their implementation and/or delete them by following the procedure indicated on their browser. As such, L’ATELIER SHELTER obtains the express consent of Users as to the use of these cookies and uses them in application of the legal provisions, including in particular the General Regulations on the Protection of Personal Data.
ATELIER SHELTER uses Klaviyo, which is a solution that aggregates traffic and usage data in order to improve the user experience. The statistics produced are anonymous. To be excluded from tracking, please click.
ARTICLE 10 - RETURN, EXCHANGE
Any Customer may request an exchange or refund in the form of a voucher to be used on the Site for all or part of an Order within 15 days of its delivery date. Ordered. Returns of Orders shipped in mainland France are the responsibility of L’ATELIER SHELTER, which provides a return label to the Customer when the latter requests it by e-mail to the address: email@example.com. Outside mainland France, they are the responsibility of the Customer. As part of his request for a return or refund in the form of a purchase voucher, the Customer must also specify the e-mail address with which the Order was made, the Product(s) concerned by the request. , and attach a copy of the corresponding invoice. Any exchange request can only relate to Products whose cumulative price is less than or equal to the cumulative price of the Product(s) to be exchanged. Any price difference will be refunded to the Customer in the form of a voucher to be used on the Site. Finally, if the Customer has not specified his choice (exchange or refund in the form of a credit note to be used on the Site) when making his request, he will by default benefit from a voucher to be used the Site. Each Product for which the Customer requests an exchange or a refund in the form of a credit note must be returned intact, unopened and in its original packaging. We advise you to choose a mode of transport with tracking number. Indeed, L’ATELIER SHELTER cannot be held responsible for the loss, theft or damage that the returned Products may suffer during their transport. If the item is refused by L'ATELIER SHELTER, it will be returned to the Customer at the expense of L'ATELIER SHELTER without the Customer being able to demand any compensation whatsoever.
ARTICLE 11- PURCHASE VOUCHERS / ASSETS
The vouchers sent by L’ATELIER SHELTER can be used for 1 year on all the Products offered on the Site. Purchase vouchers cannot be combined with each other or with promotional codes.
ARTICLE 12 - PROMOTIONAL CODES
Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless instructed otherwise by L’ATELIER SHELTER. These codes are not refundable during an exchange.
ARTICLE 13 - INTELLECTUAL PROPERTY
Without this list being exhaustive, the brand "L'ATELIER SHELTER" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of THE SHELTER WORKSHOP. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which ATELIER SHELTER is the sole holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of ATELIER SHELTER are strictly prohibited and may be the subject of legal proceedings. Any reproduction or representation, total or partial, of the Site or its component elements, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited. Browsing on the Site does not entail any transfer of intellectual property rights for the benefit of the User. ATELIER SHELTER grants the User a right of access and consultation of the Site only, under the terms and conditions provided for in these GCS.
ARTICLE 14 - LIMITATION OF LIABILITY
14.1 ATELIER SHELTER declines all responsibility for damages of any kind whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data that may occur as a result of using the Site. In the event that the liability of L'ATELIER SHELTER should be established and retained due to damage suffered by the Customer and exclusively to L'ATELIER SHELTER, this is limited to the amount of the Order paid by the Customer to THE SHELTER WORKSHOP.
14.2. 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. L'ATELIER SHELTER will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of L'ATELIER SHELTER and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to the hardware or software of L'ATELIER SHELTER.
14.3. ATELIER SHELTER cannot under any circumstances be held liable for an interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption.
14.4. The Site has the necessary technology to date for its access and use, 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 SHELTER does not offer any explicit or implicit guarantee as to the operation of the Site, in particular any technical problem that may arise. ATELIER SHELTER 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 content offered, such as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
14.5. The responsibility of L'ATELIER SHELTER under the obligations of these GCS cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Customer, or the occurrence of an event of force majeure as defined by French courts and article 1218 of the Civil Code, or any other event that has not reasonably been under the exclusive control of L'ATELIER SHELTER. It is agreed that in the event that L'ATELIER SHELTER is held liable, regardless of the basis and/or nature of the action, only direct and foreseeable damage is likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damage, such as for example a commercial problem, loss of customers, etc., will not give rise to the right to compensation for the benefit of the User. In any event, the liability of L'ATELIER SHELTER, in the event of damage caused to the Customer, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount, excluding taxes, of the Customer's Order made. within the framework of the present.
14.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by L’ATELIER SHELTER. Consequently, L’ATELIER SHELTER cannot be held liable in the event of improper use of the Products by the Customer or a third party.
14.7 The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify.
ARTICLE 15 - LEGAL GUARANTEE
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
15.1. Warranty against hidden defects. In accordance with articles 1641 and following of the Civil Code, ATELIER SHELTER is bound by the guarantee for hidden defects in the Products sold which render them unsuitable or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years from the discovery of the defect. As part of the legal guarantee against hidden defects, L'ATELIER SHELTER, depending on the Customer's choice, undertakes, after assessing the defect either: - to reimburse the full price of the Product concerned; - to reimburse part of the price of the Product if the Customer decides to keep it.
15.2. Legal guarantee of conformity. In accordance with Articles L.217-4 and following of the Consumer Code, L'ATELIER SHELTER is required to deliver Products that comply with each Customer's Order, namely: - Products corresponding to the description given by L'ATELIER SHELTER ; - Products with the qualities that the Customer can legitimately expect given the declarations of L’ATELIER SHELTER. The Customer may bring an action on the basis of a lack of conformity within a period of two years from the delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from the delivery is deemed to have existed upon delivery. As part of the legal guarantee of conformity, L'ATELIER SHELTER, according to the Customer's choice, undertakes, after assessment of the defect either: - to reimburse the price of the Product concerned; - to exchange the Product for a Product that complies with his Order, if possible.
ARTICLE 16 - COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GCS must be sent to Customer Service by e-mail at the following address: firstname.lastname@example.org.
ARTICLE 17 – MISCELLANEOUS PROVISIONS
17.1. Partial non-validity If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
17.2. Non-waiver The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation in question.
17.3. Mediation In the event of a dispute relating to an Order, the Customer must first contact L’ATELIER SHELTER, in order to find an amicable solution, by email to the address: email@example.com. Referral to the mediator can only take place after the Customer has taken prior written steps with L’ATELIER SHELTER. In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and European Union professionals. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
17.4. Applicable law and attribution of jurisdiction These T&Cs are governed by French law, unless otherwise provided. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GCS will be submitted to the competent courts of Paris, unless otherwise provided. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.