Terms of sale
Terms & conditions of sale Atelier du Bracelet Parisien
These Terms and Conditions of Sale have been updated as of September 01, 2019
1/ IDENTIFICATION :
These Terms and Conditions of Sale are published by Atelier du Bracelet Parisien, SAS, with share capital of 6000 € (hereinafter the ” Seller ”), registered in the Trade and Companies Registry of Paris under the number 411 871 544, located at 28 place du Marché Saint Honoré, 75001 Paris– France – represented by M. Yann Perrin, President of Atelier du Bracelet Parisien SAS, President of the company.
Email : firstname.lastname@example.org
Its individual VAT identification number FR 29 411 871 544.
The Seller is the owner and publisher of the website www.abpconcept.paris (hereinafter ” the Website ”). The websiteis hosted by Shopify.
Publishing director for the Website : Yann Perrin.
The Website offers the Customer (hereinafter ” the Customer ”) the possibility of purchasing luxury leather goods online, in particular watchstraps (the ” Products ”).
Téléphone +33 (0)1 42 86 13 52
Before using the Website, the Customer must ensure that he/she has the technical and computer resources to use the Website and order the Products on the Website, and that his/her browser allows secure access to the Website. The Customer must also ensure that the computer configuration of the equipment is in good condition and does not contain any viruses.
Online sales are open only to consumers within the meaning of the Consumer Code. The Customer therefore undertakes that his/her order is carried out for his/her personal account and in no case within the scope of professional activity.
2/ APPLICATION AND OPPOSABILITY OF TERMS :
The purpose of these Terms & Conditions is to define all the conditions under which the Seller markets the Products, as offered for sale on the Website to Customers. They therefore apply to any Order (” Order ”) placed on the Website by the Customer.
The Customer declares to have read and accepted these Terms and Conditions before placing the Order.
The acceptance of these Terms and the purchase order placed on the Website form the Contract.
The Terms and conditions may be updated from time to time, those applicable are those in effect on the Website at the date of placing the Order.
Any contrary condition requested by the Customer would be, in the absence of express acceptance by Seller, unenforceable against the Seller regardless of when it may have been brought to its attention.
The fact that the Seller does not specifically refer to any specific provision of the Terms & Conditions at any given time cannot be interpreted as a waiver of any future provision of those Terms & Conditions.
3/ CREATION OF AN ACCOUNT :
Before placing an Order, the Customer will create an account on the Website by filling in the respective fields provided for this purpose.
The required fields must be completed sincerely, including all information relating to the identification of the individual or legal person. If a field is incorrectly filled, the Seller will not be held liable in the event that the Order cannot be respected due to this error.
Once the Registration has been made, the Customer can log in to his account with his Login and a password that he has previously chosen. This information is confidential and should not be communicated. In the event that the Customer becomes aware that this information has been stolen by a third party, he undertakes to modify it without delay and to inform the Seller. In addition, the Customer will disconnect at the end of each web session.
Each account can only be used by the Customer to whom the login belongs. Each Customer may only hold one account. It is forbidden to use a false identity or the identity of another person. If such a case should be discovered, the Customer is informed that his/her account will be closed without notice or compensation, and that any legal action may be brought against the Customer.
The Customer can access, on Customer web interface, the history of his/her orders and invoices.
It is not necessary to hold an account to place an Order. Each order placed must be for the Customer only and not for a third party.
4/ ORDERING PRODUCTS ON THE WEBSITE :
The Products offered for sale are described and presented on the Website with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the Product (s) shall not be deemed to constitute guaranteed data and does not affect the validity of the Order. The photographs on the Website are not contractual.
The Seller reserves the right to amend the content of the Website at any time, including updating Products temporarily unavailable.
The Customer selects the Products he/she wishes to buy, and can access at any time the summary of the Order.
The summary of the Order lists the Product (s) that the Customer has selected and includes any additional costs such as the delivery costs in addition to the price of the ordered Products. The prices applied are those indicated on the Website on the day of placing the Order. The Customer has the opportunity to modify the Order and correct any errors before accepting the Order.
After having access to the summary of the Order, the Customer confirms acceptance of the Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. The mention “Order with payment obligation” or an unambiguous analogous formula appears next to the Order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay the Order.
After acceptance of the Terms & Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Seller and the Customer.
After the validation of the Order and in order to proceed to the payment, the Customer enters the details to which he/she wishes to obtain delivery of the ordered Products (s), and billing if they are different. The delivery process of the ordered Product (s) is described below.
The Seller then sends a confirmation of Order by email, including the elements of the summary of the Order and the delivery addresses and if applicable billing information.
After validating delivery details and billing if necessary, the Customer proceeds to the payment of the Order according to the terms specified below.
For any order of custom-made article, the modification of the Order is authorized during a period of twenty-four (24) hours. Beyond this period, no correction on the orders will be possible.
The dimensions being measured and filled in by the Customer during the process of ordering, they are communicated to Seller under Customer’s sole responsibility. The Product cannot be refunded, if the dimensions transmitted are not correct.
All details can be requested in writing or by phone from Atelier du Bracelet Parisien customer service whose contact details appear in the article customer service below.
A paper invoice with mention of payment is sent to the Customer with the package containing the Product.
Atelier du Bracelet Parisien reserves the right not to accept an order in cases where it considers that the Customer is not acting as a consumer, presents risks of insolvency, suspects fraud or is already in litigation with the Customer.
5/ PRICE AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Website in the product descriptions, in euros and before tax and all taxes included. These prices are indicated excluding ancillary costs (delivery costs, etc ) which are added during the Order, before the acceptance of the Customer. The delivery costs are explained on the Website.
For orders shipped outside of the European Union, displayed prices are without taxes, such as expedition rates. Customs clearance costs, importations taxes and VAT shall be assumed by the customer.
The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details, and, if applicable, billing and proceeds to payment. This total amount is indicated including all taxes whenever applicable.
The Order of the Products on the Website is payable in Euros. The full payment must be made on the day of the Order by the Customer, by debit/credit card or Apple Pay. They will be realized through the online payment platforms offered by the Seller’s bank or Apple Pay to which the Customer will be automatically directed
The Customer is informed that the Seller requires the use of 3D Secure or Verified by Visa security features according to the Customer’s card. The latter is invited to request access to these services from his bank.
This system guarantees the Customer total confidentiality of his/her banking information. The bank card transaction between the Customer and the secure system is fully encrypted and protected. The bank details of the Customer are not stored electronically by the Seller.
The Customer guarantees to the Seller that he/she has the necessary authorizations to use the method of payment, when placing the Order.
The Seller reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Seller, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
The Product (s) offered on the Website may be delivered to Metropolitan France as well as to EU Member States, or other states.
In accordance with the rules of the Consumer Code, the time between the validation of the order and the delivery of the Product (s) will not exceed thirty (30) days. If the deadline should be greater than thirty (30) days, the Order may be canceled by the Customer. This exclude made-to-measure orders which deadlines will be longer, and the customer will be informed by email of the production timeframe.
The Customer is informed by email, when the Order is ready, of the shipment. The Ordered Product (s) is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in these Terms.
Delivery is made via post or specialized carrier (depending on destination). The Order is tracked, the Customer having to sign a receipt.
The Customer must ensure that the information communicated is correct, and that it remains so until complete delivery of the ordered Product (s). The Customer undertakes to inform the Seller of any change in billing information and / or delivery that may occur between the Order and delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of delay and / or error of delivery, the Customer can not in any case engage the responsibility of the Seller in the event of default of delivery, and the Customer Service of the Seller will contact the Customer for a second delivery at the Customer’s expense.
The Seller will also not be liable if the non-receipt of the Products is due to a third party to the contract or in case of force majeure.
In case of return of the Order due to the absence of the Customer, the Seller’s Customer Service will contact the Customer for a second delivery at the Customer’ expense.
Upon delivery, the Customer is invited to check the package and its contents and to make reservations with the delivery service upon receipt, before accepting the delivery.
In case of damage during transport, justified protest must be made to the carrier within three days of delivery. When the ordered Product is no longer available, the Seller informs the Customer by e-mail. The Customer is refunded without delay and at the latest within thirty days of the date payment has been made. Beyond this term, these sums are yielding interest at the legal rate.
7. RETENTION OF OWNERSHIP – TRANSFER OF RISKS
The Customer obtains full ownership of the products sold only after full payment of the price, principal, fees and taxes included.
The transfer of the risks, in accordance with law, is when title passes upon delivery and the Customer takes possession of the delivered Products.
8. CUSTOMER SERVICE
For any request for information, clarification or for any claim, the Customer must contact, in priority, the Seller’s Customer Service, in order to allow the latter to try to find a solution to the problem.
Seller’s Customer Service is available from 9 am to 5 pm on non-holiday business days using the following coordinates:
– telephone (not surcharged): +33 (0) 1 42 86 13 52
– email: email@example.com
– mail: Atelier du Bracelet Parisien – Service Web – 28 Place du Marché Saint Honoré, 75001 Paris, France
9. LEGAL GUARANTEESThe Products benefit from the legal guarantee of conformity provided for by Articles L.217-4 to L.217-14 of the Consumer Code. This warranty must be invoked by the Customer within one year for watch straps from delivery.
Any bracelet delivered whose size would vary by more or less two tenths of a millimeter for the width at the box and by more or less two millimeters for the length of the strand, compared to the dimensions of the Customer's order will be considered as compliant with said order. .
Any color that varies by one tone from the selection on the day of purchase will be considered compliant.
The Products also benefit from the guarantee against hidden defects provided for by article 1648 of the Civil Code. This warranty must be invoked by the Customer within two years from the discovery of the defect. The Customer must allow the Seller every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose. Returned products must be:
• In their original condition (new, never worn)
• In their original packaging
• Accompanied by the reason for return
Natural leather straps have a limited and estimated lifespan of 6 months to 1 year for normal use.
L’atelier du bracelet parisien is not responsible for the deterioration of a product whose use by the Customer has not been in accordance with its intended purpose or contrary to the recommendations of l’atelier du bracelet parisien.
Thus, in order to preserve their quality and their appearance, the leather bracelets of the Parisian bracelet workshop:
• Must not be immersed in salted, chlorinated, hot or soapy water and more generally, must not be exposed to UV rays for a long time * except for leathers treated as waterproof which are more resistant but remain sensitive
• Are not intended to be worn during the practice of manual or sporting activities during which the leather straps will be exposed to excessive perspiration
The Parisian bracelet workshop uses leather linings, respecting the Reach regulations and cannot therefore be held responsible for any reactions or allergies.
In the event that the exchange of the product is impossible, the Seller will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the Seller's proposal by crediting the Customer's bank account, the Customer may opt for another method of reimbursement than the one proposed.
10. CUSTOMER’S OBLIGATIONS
The Customer agrees to comply with the terms of these Terms & Conditions of Sale.
The Customer agrees to use the Website in accordance with Seller’s instructions.
The Customer agrees to abstain:
– To use the Website in any illegal way, for any illegal purpose or in any way incompatible with these Terms & Conditions,
– To sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the content contained on the Website or to decompile, disassemble, modify, display in readable form by the Customer, attempt to discover any code source or use any software that activates or includes all or part of the Website,
– To attempt to gain unauthorized access to the Website’s computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or damaging the functionality of the Website,
– To use the Website for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site,
– To infringe on the Seller’s intellectual property rights, the Products sold being copyrighted creations,
– To denigrate the Website and / or the products as well as the Seller on social media and any other means of communication,
– Not to use the Products in accordance with their purpose and their instructions for use;
– To resell the Products. For professionals wishing to resell, they should contact the Seller to know the products which can be resold.
If, for any reason, the Seller considers that the Customer does not comply with these Terms, the Seller may at any time, and in its sole discretion, remove his access to the Site and take any measures including any civil and criminal proceedings against him.
11. RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty.
To exercise the right of withdrawal of the Order, the Customer must notify its decision of retraction by means of an unambiguous declaration, without justifying reasons (see form to be used on page 12). The Customer can communicate his decision of retraction to the Seller by any means, in particular by sending it by mail to the Seller at the following address: Atelier du Bracelet Parisien – Service Web – 28 Place du Marché Saint Honoré, 75001 Paris, France or by email at firstname.lastname@example.org .
In case of notification to the Seller by the Customer of his decision to retract, regardless of the means used, the Seller will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including email).
The Customer must return the product (s) in the same condition as the one in which he / she received it (s), and with all the packaging elements, accessories and notices (even if ( s) product (s) has or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the decision of retraction of the present contract, with the following address: Atelier du Bracelet Parisien – Service Web – 28 Place du Marché Saint Honoré, 75001 Paris, France. In accordance with the law, the Customer bears the cost of returning the Product (s).
The Customer is invited, although this is not mandatory, to indicate the reason for return / retraction, in order to help the Seller improve his Product (s).
In the event of withdrawal of the Customer, the refund of the Product (s) which has or has been the subject of the right of withdrawal is made by the Seller by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this refund will not cause any costs for the Customer, except for the return costs of the Product (s) that remain the responsibility of the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Seller has received the Products or received proof by the Customer of the return of the Products.
In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that he/she is only liable to the Seller for the depreciation of the returned Product (s) relating to the exercise of his/her right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
The right of withdrawal does not apply to customized/bespoke leather straps that the Customer has personalized by the choice of one or more technical options or sizing proposed when ordering.
The Seller ensures all means necessary to provide the Customer quality Product (s). However, he will not, under any circumstances, be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable circumstances of a third party who is not a party to the contract, or a case of force majeure. More generally, if the Seller’s liability would be incurred, it could in no way agree to compensate the Customer for indirect damages.
The Website may contain links to other websites, not edited nor controlled by the Seller ; the Seller will not be held responsible for the problem regarding operation, content or any element present or obtained through these websites.
The setting up of such links or reference to any information, articles or services provided by a third party, will not and should not be interpreted as an express or implied endorsement, by the Seller, of these websites and of their contents.
The Seller is not responsible for the accessibility of these sites and cannot control the content nor endorse the advertising, or product (s) and other information displayed on those websites.
It is expressly stipulated that the Seller cannot be held responsible, in any way whatsoever, for the case where the computer equipment or the e-mail of the Customers rejects, for example because of an anti-spam, the e-mails sent by the Seller, and in particular, without this list being exhaustive, the copy of the payment voucher, the summary statement of the Order or the tracking e-mail.
13. PERSONAL DATA – COOKIES – SECURITY
The Seller attaches great importance to the respect of the private life and takes all the necessary measures to ensure the confidentiality and the security of the personal data of the Customers.
In view of selling Product(s) on offer on its Website, the Seller collects personal data of the Customers and in particular the following data:
– E-mail address
– First name
– Mailing address and delivery address
The Seller collects and processes the personal data of the Clients for the following purposes:
– Supply of the product (s) on the Site;
– Order management ;
– Management of the returns, exercise of the right of retraction, payment, invoicing …;
– Information on the Seller, the Products, and the Seller’s activities;
– Response to any questions / complaints from Clients;
– Development of statistics;
– Management of requests for rights of access, rectification and opposition;
– Management of unpaid bills and litigation.
The data relating to the management of the personal data of the Customers are kept for the strictly necessary period as defined by the Data Protection Act as modified, ie three years after the collection or the last contact with the Customer.
The legal basis of the treatment is this contract.
The personal data of Customers are processed by the sales department of the Seller as well as by any subcontractors of the Seller for the sole purposes specified above.
The Seller may also disclose personal data in order to cooperate with the administrative and judicial authorities.
The Seller shall ensure that the personal data of the Customers is adequately and appropriately safeguarded and has taken the necessary precautions to preserve the security and confidentiality of the data, and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
– Customers acknowledge that the personal data disclosed by them are valid, up-to-date and adequate;
– Customers undertake not to infringe on the privacy, image and protection of the personal data of any third party and thus not to communicate to the Seller the data of third persons without their consent.
The data is hosted in France.
Under the Decree n ° 2011-219 of February 25, 2011 relating to the conservation and the communication of the data making it possible to identify any person having contributed to the creation of a content put on line, the Customer is informed that the host of the Site has the obligation to keep for a period of one year from the day of the creation of the contents, for each operation contributing to the creation of a content:
– The identifier of the connection at the origin of the communication;
– The identifier assigned by the information system to the content, object of the operation;
– The types of protocols used for connection to the service and for the transfer of contents;
– the nature of the operation;
– The date and time of the operation;
– The identifier used by the author of the transaction when he provided it.
In case of termination of the contract or closure of the account, the host must also keep for one year from the date of termination of the contract or closure of the account the information provided when subscribing a contract (Order ) by the Customer or when creating an account, namely:
– At the time of creation of the account: the identifier of this connection;
– The surname and forename or the company name;
– The postal addresses associated;
– The pseudonyms used;
– The email addresses or associated accounts;
– phone numbers;
– The password and the data to verify or modify it, in their latest updated version.
Each computer connected to the Internet has an IP address. Once a Customer browses the Website, the Seller collects the Customer’s IP address in order to analyze the traffic on the Website and to control the Customer’s activity on the Website to ensure that it does not engage in acts that may affect the General Terms and Conditions of Sale on the Website.
Finally, in accordance with the Data Protection Act of 6 January 1978 and the GDPR, the Customers have, within the limits specified by the applicable texts, a right of access, rectification, limitation, deletion, portability and a right to oppose for legitimate reasons to the processing of the data collected and processed by the Seller, by contacting the Seller directly at the following email address: email@example.com
The Customer may, if necessary, file an appeal with the internal control authority, the CNIL in France.
13.1. COOKIES AND STATISTICAL TOOLS
In accordance with the decision of the CNIL n ° 2013-378 of December 5, 2013, the Seller informs, moreover, the Customers that cookies record certain information that is stored in the memory of their hardware / IT equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Website, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Customers.
The Customer going to the homepage of the Website will be informed:
- Of precise purposes of the cookies used;
- Of possibility to oppose these cookies and to change the parameters by clicking on a link present in the banner;
- Of the fact that continuation of browsing Website is considered agreement with the deposit of cookies on its terminal.
Unless prior consent of the Customer is obtained, the deposit and reading of cookies will not be made:
- if the Customer visits the Website (home page or directly on another page of the Website) and does not continue to browse: a mere absence of action cannot be equated with a manifestation of will;
- or if he clicks on the link present in the banner allowing him to set cookies and, if necessary, refuses the deposit of cookies.
The Customer undertakes not to undermine the security of the Website. To this end, it undertakes not to proceed to any access and / or fraudulent maintenance in the information system of the Seller. The Customer can not harm or impede the information system of the Seller. Otherwise, the Seller may take any measure against him and in particular incur criminal liability under Articles 323-1 and following of the Penal Code.
14. INTELLECTUAL PROPERTY
All elements of this Website and the Website itself, are protected by copyright, the right of trademarks, designs and / or any other intellectual property rights. These elements are the exclusive property of the Seller. All of these rights are reserved for the whole world.
It is expressly forbidden for the Customer to reproduce (except for personal and noncommercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Website, the elements of this Website or any related software.
Any use by the Customer of corporate names, trademarks and distinctive signs belonging to the Seller is strictly prohibited except in the case of express and prior agreement of the Seller.
The models sold on the Website are protected original models. They must not be copied under any circumstances.
By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer agrees that the Seller may send him, at a frequency and in a form determined by the Customer, a newsletter (newsletter) which may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Website to place the Order, he/she agrees to receive sales offers from the Seller for products similar to those ordered.
Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
16. PROOF AGREEMENT
The “click” of the Customers made under the acceptance of these Terms & Conditions of Sale, but also under the order and payment are formal acceptance of the contract.
The computerized records kept in the Seller’s computer systems will be kept in reasonable conditions of safety and considered as proof of communications, orders and payments between the parties.
Preservation and archiving of orders and invoices is done on a reliable and sustainable manner that can be produced as evidence ; the Customer has access to his/her account.
17. APPLICABLE LAW AND JURISDICTION
These Terms are governed by and construed in accordance with French law, without regard to conflict of laws principles.
In the event of litigation that may occur during the interpretation and / or the execution of the present ones or in relation with these Terms & Conditions of Sale, and the Customer is an individual consumer, this one can decide to submit the dispute with the Seller to a conventional mediation or other alternative dispute resolution process.
The Customer may contact the Association des Médiateurs Européens (AME CONSO), of which the Seller is a member, within 1 year from the date claim has been addressed in writing to the Seller.
Referral to the Mediator should take place either
– by filling the scheduled form available on AME CONSO website : www.mediationconso-ame.com ;
– or, by sending a letter to AME CONSO, 11 Place Dauphine – 75001 PARIS. »
The Customer can visit the European platform for consumer dispute resolution set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.
In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply. The Parties will make an attempt at mediation before any recourse to the judge.
|WITHDRAWAL FORM |
To the attention of :
I / we (*) notify you (*) hereby my / our (*) withdrawal of the contract relating to the sale of the goods (*) below:
Ordered on (*) / received on (*):
Name of Customer (s):
Address of the Customer (s):
Signature of the consumer (s) (only in case of notification of this paper form):
(*) Delete the mention useless.