General conditions of online sale
General Conditions of Online Sale
Between the undersigned:
The company ATELIER LZC, having its registered office at 2 rue Marcelin Berthelot 93100 Montreuil, registered on the Bobigny Register of Trade and Companies under the number B 439 669 169 operating the website www.atelierlzc.com.
Referred to hereinafter as "Atelier LZC",
As the first party,
Any non-trading natural person of full age purchasing items on the website www.atelierlzc.com for strictly personal use.
Referred to hereinafter as "the Customer",
As the second party,
The website " www.atelierlzc.com " is owned by Atelier LZC in its entirety, in addition to all the rights relating thereto.
Atelier LZC is responsible for managing the Website and its online shop.
These conditions set forth the terms of sale between the Website and the Customer, from the presentation of the items on the Website to their delivery to the Customer.
These general conditions of sale are governed by Articles L.121-16 et seq. of the Consumer Code on distance selling.
Concerning sales through electronic means, the Customer acknowledges having read the general conditions of sale set forth in this document prior to placing the order and formally declares that he accepts them unreservedly.
The parties agree that their relations shall be governed exclusively by these general conditions of sale, to the exclusion of any prior conditions available on the website.
These general conditions of sale were updated on 7 July 2010. This version cancels and replaces the earlier versions.
Article 2. – Definitions
2.1. – The Customer denotes any non-trading natural person user who browses, reviews, reserves, orders and/or purchases an item on the Website.
2.2. – Item denotes any goods for sale on the Website.
2.3. – Website denotes the infrastructure developed by Atelier LZC according to the computer formats that can be used on the Internet comprising data of various kinds, and especially texts, sounds, still or moving images, videos and databases, intended to be viewed by the Customer in order to find out about its Items which are available at the domain name www.atelierlzc.com.
Article 3. – Order
The Customer may place his order online via the Website.
The order may only be registered on the Website if the Customer has clearly identified himself by entering his customer code and his password which are strictly personal to him.
Any order signifies acceptance of the prices and the description of the items available for sale.
In accordance with Article L111-1 of the Consumer Code, prior to his order, the Customer may review on the Website the essential characteristics of the items that he wishes to order. The photographs and descriptions of the items for sale on the Website are for information purposes only.
Atelier LZC undertakes to honour the orders received on the Website only insofar as the items are in stock. Should an item not be available, Atelier LZC undertakes to inform the Customer at the earliest opportunity.
Article 4. – Validity of the order
Any Website Customer who does not have a customer code must follow a registration process in order to obtain his customer code.
This code is personal. If this code is lost or forgotten, Atelier LZC should be informed as soon as possible by contacting the Atelier LZC customer service department, by filling out the form provided for this purpose on the website.
In any case, the online provision of the bank card number by the Customer and the final validation of the order by the Customer shall constitute proof of the entirety of the said order and shall constitute receivability of the amounts incurred by the order.
Pursuant to the provisions of Article 1369-2 of the Civil Code, before finally validating his order, the Customer shall have the opportunity to check the details of it and its total price, and to correct any errors, before confirming the order to express his acceptance.
As soon as the Customer validates his order, the Website shall acknowledge receipt of the latter without delay and by email.
This validation by the Customer constitutes an electronic signature and express acceptance of all the transactions carried out on the Website. This signature has the same value between the parties as a handwritten signature.
Without prejudice to the right of withdrawal stipulated hereinafter for the benefit of the Customer, any order shall become final as soon as Atelier LZC sends an email to the Customer confirming the order and the collection of the price of the order.
In accordance with the provisions of Article L.122-1 of the Consumer Code, the company shall be entitled to refuse any irregular order or an order placed in bad faith (legitimate reason).
Moreover, Atelier LZC shall be entitled to refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The turnaround times for fulfilling the order are from receipt of the entire payment of the order. The Website cannot be held liable for the consequences of an error regarding the information provided by the Customer when placing the order.
Article 5. – Prices
The prices of the items mentioned on the Website are given in euros inclusive of all taxes. They include the VAT applicable on the day of the order.
The price does not include the delivery costs or the costs of processing your order which are invoiced in addition to the price of the purchased items according to the order amount. These costs shall be indicated before the order is registered by the Customer.
Any change in the applicable VAT rate may be passed on to the price of the goods. The prices may not be changed once the Customer's order is placed. Likewise, if one or more taxes or contributions, especially relating to the environment, should be created or amended, upwards or downwards, this change may be passed on to the sale price of the items displayed on the Website and the sale documents. The prices of the items ordered on the website and the date of the order in question shall apply.
Article 6. – Terms of payment
The Customer pays for his purchases ordered online by bank card (Carte Bleue (French debit card), Visa, Mastercard).
If there is a problem with payment, the order shall be automatically cancelled and the Customer shall be informed by email.
The Customer guarantees that he is the owner of the bank card and that the name displayed on this bank card to be debited is indeed his own.
In a secure environment on the Internet, the Customer shall provide the sixteen-digit number and expiry date displayed on the front of his bank card, in addition to, where applicable, the last three digits of the number displayed on the signature strip on the back of his bank card.
Article 7. – Delivery
The order may be delivered anywhere worldwide.
The Customer has the choice of delivery to his home address or to another address.
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, the ordered items shall be delivered within the turnaround times that shall be communicated when placing the order.
These turnaround times shall run from the day the company Atelier LZC collects the entire amount of the order.
These turnaround times are communicated for information purposes only.
Should these turnaround times be exceeded, this may not give rise to damages or cancellation of the order.
Article 8. – Unavailable items
Should the ordered items be unavailable, Atelier LZC shall inform the Customer as soon as possible by email.
In accordance with the provisions of Article L121-20-3 of the Consumer Code, in this case Atelier LZC may provide an item of equivalent quality and price.
Should Atelier LZC be unable to use this option, the Customer shall be refunded without delay and no later than thirty days from the payment of the amounts that he shall have paid.
Article 9. – Right of withdrawal
In accordance with Article L121-20 of the Consumer Code, the Customer has seven clear days from the date of receipt to return the ordered items, at his expense, for a refund, except for those stating otherwise.
The items must be returned to Atelier LZC in a perfect resale condition, in their original condition (packaging, accessories, notice etc.), duly sealed, and accompanied by the invoice corresponding to the purchase.
Likewise, if the items include a guarantee form or any other document to be completed, the latter must not be filled in so that the Customer may exercise his right of withdrawal.
Any item that is incomplete, showing signs of use, spoiled, damaged or whose original packaging has been damaged, shall not be refunded or exchanged.
Exercising the right of withdrawal shall result in a cash refund for the Customer, by re-crediting the bank card used for the initial order or, if this is impossible, by cheque letter.
In any case, any request for a refund must be made by post to the Atelier LZC address: 2 rue Marcelin Berthelot 93100 Montreuil.
Article 10. – Conformity on receipt
The conformity of the items (condition, lack of defect, number etc.) must be checked by the Customer upon receipt of the items, in the presence of the carrier, where applicable. The costs and risks associated with the verification of the items are the Customer's responsibility.
This receipt shall have the effect of holding Atelier LZC harmless for any patent defects.
Should an item be delivered that does not correspond to the order (faulty or non-compliant), the Customer must make his claim within 3 days of signing the distribution slip.
Claims must be sent by registered letter with acknowledgement of receipt to the address: Atelier LZC 2 rue Marcelin Berthelot 93100 Montreuil, and must include:
- the Customer's contact details;
- the item references;
- the reasons for the claim.
Article 11. – Warranties
The items for sale on the Website comply with current French legislation.
All the items are subject to a contract warranty, which does not obstruct the legal warranty provided for by Articles 1641 et seq. of the Civil Code.
Article 12. – Confidentiality
Atelier LZC shall do its utmost to ensure the confidentiality and security of the data sent over the web. In this regard, the Website uses an SSL (Secure Socket Layer) secure payment module.
Article 13. – Personal data
Atelier LZC reserves the right to collect data on the Customer, especially by using cookies.
The Customer may expressly object to the disclosure of his contact details when ordering. In order to do so, he must simply indicate this by filling in the contact form on the Website.
The Customer is informed that this automatised processing of information was the subject of a declaration to the CNIL (French Data Protection Authority) under the number 1438611 dated 29 June 2010.
In accordance with the amended law of 6 January 1978 , the Customer has a right to access, object to and correct the data regarding him, either directly on the Internet, or by letter by writing to Atelier LZC, at the following address: 2 rue Marcelin Berthelot 93100 Montreuil.
Article 14. – Responsibility
Atelier LZC has a best endeavours obligation for all stages of taking the order and for the stages subsequent to the conclusion of the contract (transport of goods, for example).
Atelier LZC undertakes to describe the goods sold on its website as accurately as possible.
In any case, Atelier LZC may not be held liable should the failure to fulfil its obligations be attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
Likewise, Atelier LZC may not be held liable for any inconveniences or damages inherent in the use of the Internet network, especially a service interruption, an external intrusion or the presence of computer viruses.
Article 15. – Force majeure
Neither of the parties may be held liable if the performance of the contract is delayed or prevented due to a case of force majeure or an unforeseeable circumstance, through the action of the other party or a third party or as a result of external causes such as industrial disputes, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electrical network.
Article 16. – Intellectual property
All the elements of the Website, whether visual or auditory, including the underlying technology, are protected by the provisions of the Intellectual Property Code.
They are the exclusive property of Atelier LZC. A Customer who has a personal Website and who wishes to place a simple link on his website, for personal use, leading directly to the Website, must ask for the prior, written authorisation of Atelier LZC.
In any case, any unauthorised link must be withdrawn on the simple request of Atelier LZC.
The goods delivered by the company Atelier LZC reproduce original works protected by the Intellectual Property Code. The acquisition of goods does not result in the transfer to the Customer of the exclusive intellectual rights that are attached thereto. Any full or partial reproduction and any communication to the public of works of the company Atelier LZC without the latter's authorisation constitutes an infringement.
Article 17. – Term
These conditions apply for the entire period the items are posted online on the Website.
Article 18. – General provisions
18.1. – Entire agreement
The parties acknowledge that these general conditions constitute the entire agreement entered into between them and replace any earlier offer, provision or agreement, whether written or verbal.
18.2. – Amendment of the agreement
No subsequent document and no amendment of these general conditions, irrespective of the form thereof, shall be effective between the parties without taking the form of an additional clause duly dated and signed by them.
18.3. – Invalidity
Should any one of the stipulations of these general conditions prove invalid with regard to a rule of law in force or a legal decision that becomes final, it shall then be deemed not to have been written, without resulting in the invalidity of the general conditions or altering the validity of its other provisions.
18.4. – Waiver
Should either of the parties not claim the application of any clause of these general conditions or agree to its non-performance, whether permanently or temporarily, this may not be interpreted as a waiver by this party of the rights that derive for it from the said clause.
18.5. – Address for service
The parties choose as their address for service the addresses indicated on the order form for the Customer and the address displayed on the website for Atelier LZC.
18.6. – Applicable law and disputes
These conditions are subject to French law.
In the event of a dispute, the French courts shall have sole jurisdiction.