GENERAL SALES CONDITIONS
Atelier Choux (hereinafter referred to as the “Company”) creates, designs and sells throughout the world products for babies and children, including ready-to-wear clothing and other related products.
Article 1 – Scope of application
These standard terms and conditions of sale are applicable to all sales of items carrying the Company’s labels concluded at a distance through the intermediary of the Company’s website, which is identified by the domain name “www.atelierchoux.com” (hereinafter referred to as the “Website”).
All sales of items carrying the Company’s labels effected through the intermediary of the Website are subject to these standard terms and conditions of sale, which the customer accepts. These terms and conditions may be modified or updated; the terms and conditions applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 2 – Identification of the company making the offer
Atelier Choux S.A.S. a limited company with a capital of €10,000, registered with the Paris Trade and Companies Register under the number 81830302600012, whose registered office is at 88 rue de Miromesnil, 75008 Paris, France; Email address : firstname.lastname@example.org; VAT no. FR13818303026.
Article 3 – Information concerning items and limitation of liability
3.1 Information (categories, corporate names, definitions, reproduction of items, detailed descriptions: properties, characteristics and composition, etc.) concerning all items carrying the Company’s labels offered for sale at a distance that are available, in accordance with the legal and regulatory provisions applicable on the Website.
While taking the utmost care and ensuring the maximum degree of accuracy when placing information and descriptions of the various items online and as regards the data available on the Website or from the Atelier Choux boutiques, and regularly updating the said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although photographs and other reproductions of the items for sale represent them faithfully on the Website and in the Atelier Choux boutiques, within the limits of the available techniques and in accordance with best market standards, they may nevertheless contain non-substantial errors. The customer acknowledges this and accepts it. At all events, if an item delivered is not in conformity with its description, the Company undertakes to correct this error, as provided for in Articles 13 and 14 below.
3.2 Speaking more generally, the Company cannot be held liable:
– for interruptions or delays on the Website owing to the carrying out of maintenance work, or owing to technical breakdowns, force majeure, or to a third party or to any circumstances whatsoever outside its control.
– if it is momentarily impossible for either the customer or the Company to access the Website, owing to facts or actions outside the Company’s control, such as computer breakdowns, interruptions of the telephone network or the Internet network, or faults affecting the hardware or software that enables reception of the said Internet network, etc.
Article 4 – Conditions concerning the placing of an order for items
4.1 In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a credit card as defined in Article 9 below.
Orders received will be accepted within the limit of the available stocks. To that end, the customer will be informed at the time of accepting the order on the Website information page describing each of the items:
– of the availability of the item;
– or, in the event of temporary unavailability of the item in question, of the possibility of ordering it with a view to subsequent delivery within the timeframe specified on this occasion.
If, despite the Company’s vigilance, the items ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone call or email) as soon as possible.
4.2 The customer undertakes to ensure that all the information communicated to the Company on the Website in the context of their order is compliant with these standard terms and conditions of sale and full, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the corresponding payment.
It is hereby pointed out that when an order is placed, the Company collects the following personal data: the identity, user ID and password chosen by the customer on the Website, email address, telephone number, the address of the customer’s usual place of residence, the delivery address, payment method, etc.. This data is necessary in order to process the order, and may be communicated solely to the Company’s contractual partners intervening in the context of performance of the order (e.g. those acting as intermediaries, such as banking institutions for the payment for orders).
In accordance with the Data Processing Act of 6 January 1978, the customer has the right to access personal data concerning them and have it modified, rectified or deleted if appropriate.
In order to exercise this right, the customer should send an email to email@example.com
4.3 In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company is entitled to refuse to accept any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of a previous order; or (ii) that is not compliant with these standard terms and conditions of sale.
If the Company notes that the order does not meet these standard terms and conditions of sale (for example: an inaccurate delivery address, or an order that exceeds the order thresholds), it will inform the customer directly on the Website, or by means of an email. If the customer fails to contact the Company in order to correct any inaccurate items of information or information given in their order that is contrary to these standard terms and conditions of sale, the Company reserves the right to purely and simply cancel the order and the corresponding payment.
Article 5 – Orders placed by Internet on the Website
Orders placed on the Website are subject to strict compliance with the procedures described below, which are confirmed by a succession of different screens on which the successive steps that the customer must imperatively follow in order to validate their order are duly displayed.
5.1 Step one: the customer selects the items they wish to buy
On the Website, the customer selects, registers and validates the identification and quantity of the items that they wish to order (whose availability will be confirmed, if this is the case, by the Company); these items will be added to their “Shopping Basket”.
5.2 Step two: verification of the items selected
The customer may freely modify online their “Shopping Basket” containing the items selected, remove an item initially selected, modify the quantities ordered or alternatively add an item by clicking on the corresponding elements placed at their disposal in the “Shopping Basket”. The price of the items selected will be automatically displayed in the “Shopping Basket”, as defined below in Article 8.
5.3 Step three: confirmation of the items selected and validation of the order
Once the customer has made their selection and wishes to validate the contents of their “Shopping Basket”, they must next identify themselves:
– If they have an account on the Website: by their email address (user ID) and their password;
– If they do not have an account on the Website: by their name, the address of their usual residence to which the order will be invoiced to them, their telephone number.
The customer must also validate:
– the delivery address for the order, it being noted that the said address may correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, the address of the company in which the third party beneficiary pursues their professional activity if this is located in the same territory;
– the dispatch method opted for (express or standard post), standard carriage costs being borne by the Company for all orders above €120;
– and, lastly, the chosen payment method.
Once all this information has been duly recorded and validated, the price of the items, as defined below in Article 7, and the carriage costs, if any, will be automatically displayed.
After communicating the number of their credit card, in accordance with the provisions of Article 8 below, the customer must then click on the “VALIDATE MY PAYMENT” button in order to debit their bank account.
The authorization to debit their bank account issued by the customer’s bank will then be displayed. The customer is advised to register and/or make a print-out of this debit authorization. Once the customer’s bank has authorized the debiting of their bank account, their “Shopping Basket” will be directly forwarded to the Company department responsible for preparing orders; the customer will then see their order number displayed.
This order will be binding on the customer as from the time when the “Shopping Basket”, duly filled and validated by the display of the registration page for the order, is received by the Company.
5.4 Step four: the Company’s acknowledgement of receipt of the order
The Company will then acknowledge having received the order by means of an email sent to the email address communicated by the customer. In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally agrees to the Company’s using an email for the purpose of confirming the content of their order.
This confirmation email will note all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations concerning the order (availability of the items ordered, delivery timeframes or payment method chosen). It will give the order number allocated to the customer by the Company.
5.5 Step five: dispatch of the items
At the time of dispatch of the items ordered to the delivery address chosen by the customer, the Company will send the latter an email informing them of the said dispatch and the banking of their payment, as provided for below in Article 8.
Article 6 – Proof of the order
Generally speaking, it is expressly agreed between the Company and the customer that emails exchanged by the parties will hold good and be held to be authentic, as will the automatic registration systems used on the Website, especially as concerns the nature and date of the order. In addition, the Company will keep the items of information concerning any order whose value is equal to or greater than twenty euros (€20) for a period of ten (10) years. This information will be made available to the customer on their sending a request to that effect to: firstname.lastname@example.org. The customer is nevertheless advised to also keep a copy (in the form of a computer record and/or a paper print-out) of the various items of information relating to their order (for example, the email sent by the Company as provided for in Article 5.4 above).
Article 7 – Price of the items
The prices displayed on the Website are given Euros and US Dollars and include all taxes applicable, such as VAT, but do not include delivery costs.
The prices involved are those in force at the date of the order.
The amount of the transport costs, if any will be automatically displayed, if relevant, on the Website at the time of the validation of the dispatch method chosen by the customer, as stipulated in Article 5.3 above, and will also be communicated to the customer at the time of confirming their order by email.
At the time of delivery, the customer will receive written confirmation of the price paid for each item and the delivery costs charged to them.
Article 8 – Payment terms
The customer’s purchases will be paid for by credit card. The following credit cards are accepted by the Company: “CB” cards, Visa cards, Mastercards. Cards issued by banks domiciled outside France must obligatorily be international credit cards. In this context, the customer undertakes to effect payment via a credit card of which they personally are the holder, which mentions their identity (surname and first name).
For online payment on the Website: the customer will access a secure server operating in SSL mode (128 bits) that has been certified by a Certification Authority. The customer must provide their credit card number and/or their bank details by filling in the online payment form.
The transaction will then be effected by the customer in accordance with secure banking standards, either by telephone or on the Website, by communicating their credit card number and/or their bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The customer therefore authorizes their bank in advance to debit their account with a view to any registrations or statements forwarded by the Company, even in the absence of invoices signed by the holder of the card. The authorization to debit the customer’s account is always given only for the amount of the item/ items bought
The customer’s credit card will then be debited after verification of the fact that their order is in conformity with these standard terms and conditions of sale, and after having checked the availability of the item(s), at the time of the dispatch of the latter by the Company. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.
Article 9 – Delivery
Items can only be delivered:
– either to the customer’s usual place of residence;
– or to the delivery address indicated by the customer at the time of placing their order, it being pointed out that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, to the address of the company in which the latter pursues their professional activity, provided that this is located in the same country as that of the said third party’s usual place of residence; it is understood that that items cannot be delivered post office boxes.
Once payment of the amount payable for the items ordered has been duly recorded, these items will be delivered to the delivery address indicated by the customer. To that end, the latter undertakes to have communicated an exact delivery address to the Company.
The items ordered will be delivered:
– either on the date or within the timeframe indicated to the customer by the Company and, at the latest, within thirty (30) days of the date of the order;
– or within the timeframes notified to the customer in the case of temporary unavailability of the item in question and accepted by the customer at the time of adding an item in their “Shopping Basket” prior to acceptance of their order.
The Company will deliver the items ordered by standard or express post as chosen by the customer.
Article 10 – Reservation of title
The company reserves the ownership of the items delivered until such time as the price has been paid in full, in principal and interest. Payment will be completed once the price has effectively been banked. In the case of total or partial non-payment, the company may issue a formal claim in respect of the item or items delivered by the company to the customer.
Article 11 – Intellectual property rights
The customer is granted a licence to use the Website, which remains the exclusive property of the Company, which created it and put it online, including the web pages, images, word sources and database composing it. The customer accordingly undertakes not to disseminate or reproduce the Website, either in whole or in part, in any form whatsoever. The Company’s items and trademarks, and all the trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos featuring on the Company items sold at a distance, or on their accessories or packaging, whether filed or not, are and will remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logos, designs and models, for any reason whatsoever and on any medium whatsoever, without the Company’s express prior written consent, is strictly prohibited.
The same applies to any combination or conjunction with any other trademark, symbol, or logo or, in general, any distinctive sign destined to form a composite Website logo. In the same way, the following are strictly forbidden without the Company’s express prior written consent:
– the creation of hyperlinks towards any of the pages or elements making up the Website;
– any non-compliant use of this licence to use the Website and, in particular, use of any of the elements making it up (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for the purpose of making a sale or for any other directly or indirectly commercial use.
Article 12 – Right of withdrawal and the right to return items
In accordance with the provisions of Articles L.121-21 et seq. of the Commercial Code, the customer has a right of withdrawal that they may exercise:
– on the Website via the section “Returns and Exchanges”; the Company will acknowledge having received the customer’s withdrawal from the sale by means of an email,
– by returning to the Company the withdrawal form sent them by the Company in the email confirming their order (also accessible here) duly filled in and accompanied by any other written declaration expressly mentioning the fact that they are exercising their right of withdrawal,
without having to justify their decision, within fourteen (14) days as from the time of receiving the items.
The customer must then return the items delivered by following the various different steps of the procedure suggested by the Company, as described on the Website, at their own expense. Customers are advised to keep any proof of having returned items, which presupposes that the items will be returned by the customer by recorded delivery or any other means that allows a specific date to be established.
At all events, the return of items that have been delivered must be made by the customer:
– within fourteen (14) days as from the time of their exercising their right of withdrawal,
– in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the invoice enclosed with the items delivered.
Reimbursement of the price invoiced for items returned will be effected by crediting the customer’s bank account within, at the latest fourteen (14) days as from the time when the Company receives the said items.
Items that are returned used or incomplete (without the accompanying accessories, for example), or worn, damaged, deteriorated or dirty owing to the customer, will not be reimbursed.
Article 13 – Conformity – warranty
The customer must ascertain that the items delivered to them correspond to their order. If the items delivered are not the items that were ordered, the customer is advised to:
– inform the Company of this as soon as possible, either directly on the Website under the heading “Returns and Exchanges”, or by means of an email sent to: email@example.com explaining why the item is not in conformity with their order,
– and return the items in question in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the invoice enclosed with the items delivered.
– following, in order to facilitate the Company’s processing of the returned item, the various different steps of the procedure suggested by the Company, as described on the Website, in the context of which all the costs of returning the item will be met by the Company, within the limit of one dispatch of returned items per order.
If it is not possible to exchange the item returned, and if the customer does not wish to be sent a credit note, reimbursement of the price invoiced for non-compliant items that have been returned will be effected by crediting the customer’s bank account within, at the latest, fourteen (14) days as from the Company’s receipt of the returned items.
Notwithstanding any specific warranty terms and conditions that may have been forwarded to the customer with the item delivered, the Company’s items are subject to the following legal guarantees concerning conformity and any defects in any item sold:
Article L. 211-4 of the Commercial Code stipulates that: “The seller is responsible for delivering goods that are in conformity with the sale contract, and will be responsible for setting right any non-conformity existing at the time of delivery.
It will also be responsible for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under their responsibility.”
Article L. 211-5 of the Commercial Code: “In order to be in conformity with the sale contract, the goods must:
1. Be suitable for the use normally expected of similar goods and:
– correspond to the description given by the seller and possess the qualities presented by the latter to the purchaser in the form of a sample or model;
– present the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labelling;
2. Or present the characteristics defined by mutual agreement by the parties or be suited to any special use sought by the purchaser, brought to the seller’s knowledge and agreed to by the latter.”
Article L. 211-12 of the Commercial Code: “Legal actions resulting from the non-conformity of goods are time-barred at the end of two years as from the delivery of the goods.”
Article 1641 of the Civil Code: “The seller is bound by a warranty relating to any hidden defects in the thing sold that render it unsuitable for its intended use, or which so reduce this use that the purchaser would not have bought it or would have paid a lower price for it had it been aware of these defects”.
Article 1648, paragraph 1, of the Civil Code l: “Any legal action on the score of hidden defects must be brought by the purchaser within a period of two years as from the time of discovering the defect in question”.
Article 14 – Force majeure
The Company’s performance of all or part of its obligations will be suspended in the event of the occurrence of an act of God or a case of force majeure, as understood by case law, which prevents or delays their performance. The Company will inform the customer of any such act of God or case of force majeure within seven (7) days of its occurrence.
If this suspension of the Company’s performance of its obligations continues for more than fifteen (15) days, the customer will have the possibility of cancelling the order in course. In this case they will be reimbursed by the Company as soon as possible by crediting the customer’s bank account.
Article 15 – Non-renunciation
The fact that at any given time the Company abstains from enforcing the performance of any of the provisions set forth in these standard terms and conditions of sale cannot be interpreted as constituting renunciation of the possibility of subsequently invoking the said total or partial non-performance.
Article 16 – Validity of the standard terms and conditions of sale
Should any of the provisions of these standard terms and conditions of sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting from the said standard terms and conditions of sale will remain unchanged and will continue to be applicable.
Article 17 – Disputes – Applicable law
These standard terms and conditions of sale are governed by french law, except in the event of any imperative provisions to the contrary stemming from EC regulation no. 593/2008 of 17 June 2008 concerning the law applicable to contractual obligations (Rome I). Should any difficulty arise on the occasion of an order or the delivery of the company’s items, before taking any legal action, the customer will have the possibility of seeking an amicable solution, as for example with the assistance of a consumer association or any other legal adviser of their choosing.
Paris, March 1st, 2016