Website Refund Policy www.atelierdelabrique.com
applicable from 10/31/2021
ARTICLE 1. COMPLAINT - WITHDRAWAL - GUARANTEE
1.1. Customer Service
The Site's customer service is accessible from Monday At Friday of 09:00 has 17:00 to the following non-premium rate telephone number: 0788933348 , by email to: atelierdelabrique@gmail.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 48 hours .
1.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.
1.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs.
The period referred to in the preceding paragraph shall run from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the period of fourteen days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.
1.2.2. Effects of the right of withdrawal
The Customer returns or restores the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond this, the amount due is, by operation of law, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and to the extent that the reimbursement does not incur any costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 5 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
1.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the Customer and express waiver of his right of withdrawal;
- for the supply of goods made to the Customer's specifications or clearly personalized;
- of supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
- concluded at a public auction;
- of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
- for the supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the Customer and express waiver of his right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
1.3. Termination of the contract at the initiative of the Client
The Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums paid by him when ordering.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
1.4. Guarantees
1.4.1. Warranty for apparent defects and faults
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This check must particularly concern the quality, quantities and references of the Products as well as their conformity with the order. No complaints will be taken into account after a period of three days from delivery. In any event, any complaints concerning the delivered packages will only be taken into account if the Customer, who is a trader, has made reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
1.4.2. Warranty for hidden defects and faults
1.4.2.1. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. of the Civil Code).
Customers with consumer status also have a legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code).
1.4.2.2. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 years from delivery of the Product.
1.4.2.3. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
In any event, the Customer is requested to follow the Publisher's instructions precisely regarding the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
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The Consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. As such, he can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of said Product, except for second-hand goods. Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between the resolution of the sale or a reduction in the sale price. |
ARTICLE 2. FINAL STIPULATIONS
2.1. Applicable law
These general conditions are subject to the application of French law.
2.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implying acceptance on where applicable, new general conditions.
2.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a Consumer Client which may arise in the context of the execution of these general conditions and for which a solution could not be found prior to the amicable agreement between the parties must be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
On hold / On hold
2.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
2.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
2.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/ .
2.7. Languages of these general conditions
These general conditions are offered in French.
2.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
