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General conditions of sale

Le site Internet www.atelierna.com est exploité par la société LA FABRIQUE DU SUR MESURE, exerçant sous l’enseigne ATELIER NA, SAS immatriculée au registre du commerce de Mulhouse sous le numéro 520 442 799, dont le siège social est 36 rue Paul Cézanne, 68200 MULHOUSE.
Email: contact@atelierna.com.
The Publication Director is Nicolas WOLFOVSKI.

Hosting provider
SAS OVH
2 rue Kellerman
BP 80 157
59100 Roubaix

Foreword

Atelier NA operates an e-commerce activity and offers an online product sales service on the website www.atelierna.com (hereinafter referred to as 'the Site')

These Conditions of Sale (hereinafter referred to as "Conditions") are exclusively reserved for buyers acting as consumers, i.e. individuals acquiring products on the Site for purposes which are outside their trade, business, craft or profession.

The online sale of products presented on the Site is reserved for adult buyers not subject to legal incapacity worldwide.

Article 1 - definition

The terms used in the Conditions shall have the meaning given below:

Buyer: individual acquiring products through the Site for purposes which are outside their trade, business, craft or profession.

Seller: LA FABRIQUE DU SUR MESURE, operating under the name ATELIER NA, SAS is registered with the Mulhouse Registry of Commerce under number 520 442 799, whose registered office is 36 rue Paul Cezanne, 68200 MULHOUSE.

Email: contact@atelierna.com.

Party/Parties: the Buyer and/or Seller.

Site (website or internet Site): Internet site accessible at the address http://www.atelierna.com on which the seller offers products for sale.

Products: goods and services offered for sale on the Site by the Seller.

Order: purchase order from the Buyer covering one or more product(s) offered for sale on the Site, and accepted by the Seller in accordance with these Conditions.

Email: computerised document that a user keys in, sends or refers to at a later time via a network.

Internet: global network involving telecommunication resources and clients and server computers, for the exchange of electronic messages, multimedia information and files. It works by using a common protocol which allows step by step delivery of messages cut into independent packets.

Article 2 - purpose

The purpose of these Conditions is to define the rights and obligations of the Seller and the Buyer in the sale of Products proposed on the Site.

Article 3 - scope of application - modification of the conditions

The Conditions apply to all sales of Products by the Seller to the Buyer, through the Site.

An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer, which are available on the Site where they can be read, printed but also uploaded by the Buyer.

The Seller reserves the right to modify at any time the Conditions, being specified that in the event of modification, those that have been accepted by the Buyer when ordering, will remain applicable to the relationship between the Parties.

Article 4 - product characteristics

The essential characteristics of each product offered for sale on the Site appear on the product sheet accessible in the shop.

These products are available within the limits of available stock.

Photographic representations of products on the Site are exclusively for illustration purposes and are not contractual. Therefore, the difference in perception of shapes and colours between photographs and products cannot engage the responsibility of the Seller, who however will make its best efforts to ensure that the representation of products is the most faithful as possible.

Article 5 - order

5.1 - prior acceptance of the conditions

The Buyer declares to have read the Conditions prior to placing its order and recognises that the validation of its Order implies acceptance of their terms.

The Buyer further agrees that these Conditions were at its disposal in a manner that allows their conservation and their reproduction, in accordance with the provisions of article L.121-19 of the French Consumer Code.

5.2 - period of validity of offers

The offers presented by the Seller on the Site are valid as long as they are accessible on the Site.

5.3 - ordering process

Any Order of a Customised Product (tailor-made suit and/or shirt) on the Site involves, beforehand, that the Buyer has acquired the same Customised Product (suit and/or shirt) in one of the ATELIER NA shops whose addresses are available on the Site. Thus, the Buyer cannot order any tailor-made suit and/or shirt on the Site if it has not, prior to placing this order, already acquired a shirt and/or a suit in store.

During this first acquisition in store, the Buyer’s measurements will be taken, as well as the personal expectations of the Buyer. This will allow the Seller to create the customised template which will serve as reference for the Buyer to make future customised orders (in-store or via the Site).

Any modifications to the measurements of the Buyer (weight loss, weight gain, change in morphology, etc.) must therefore, and imperatively, result in the Buyer coming back to the store, prior to placing any new order of a Customised Product on the Site, being specified that the Seller cannot be held responsible for ordering a Customised Product that was, by the fault of the Buyer, made on the basis of a template that became inadequate due to the modifications to the measurements of the Buyer that were not brought to its knowledge (coming back to the store allows the definition of a new template).

The Buyer places its Order through the Site. During its first Order on the Site, the Buyer must open a “client account” from the Seller and, for this purpose, a form accessible from the site in the "My Account" section.

This form will especially include the information necessary to its identification and, in particular, its first and last name, mailing address, telephone number, email address and password.

The information provided to the Seller must be accurate and complete. The Buyer is solely responsible for the accuracy of the information it communicates to the Seller during the creation of its account and the placing of its Orders, and the consequences arising therefrom (delay, failure or error of delivery, etc.). In case of error or inaccuracy of the information provided by the Buyer, all costs incurred by the Seller, especially for reshipping the Order, will be the sole responsibility of the Buyer.

The Seller is committed to the confidentiality of the data transmitted by the Buyer. The Buyer undertakes, for its part, to keep such data strictly confidential and to never disclose the information to third parties. Accordingly, any use of the Site with the personal data of the Buyer will be deemed to be made by it.

In case of theft or fraudulent use of such data, the Buyer undertakes to immediately notify ATELIER NA. If the password is lost, the Buyer may obtain a new one by clicking on the link "Forgotten password” on the Site.

Once the account is created, the Buyer can select, on the Site, the Product(s) it wishes to acquire. These Products will be placed in a shopping “cart” that the Buyer may supplement or modify at its discretion until the confirmation of its Order.

The contract of sale between the Seller and the Buyer is formed when the Buyer clicks on the button "Validate" when confirming its Order. Until this final step, the Buyer will have the possibility to return to the previous pages and to correct and modify its Order and the information provided previously.

5.4 - confirmation and survival of the order

A Confirmation Email acknowledging receipt of the Order and summarising it, will be then sent to the Buyer as soon as possible.

The Buyer may, at any time, follow the progress of its Order under the "My account" section accessible on the Site.

5.5 - unavailability of the ordered product

In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to notify the Buyer by email as soon as it is aware of such unavailability.

In this case, the Seller will offer the Buyer to provide it, in exchange for the Product ordered, a Product of equivalent quality and price.

The Buyer will have a period of 7 days to accept or reject the proposal of the Seller. If the Buyer does not pronounce within 7 days, or if, within that period, it refuses the proposal of the Seller, the order will be cancelled and the Seller will refund the Buyer for the price of such order if its bank account has been debited, at the latest within 14 days following the cancellation of the order. This refund will be made by cheque.

Article 6 - payment and invoice

6.1 - price

The Product prices shown on the pages of the Site are in euros and include all taxes, taking into account the VAT applicable on the day of the Order.

These prices do not include delivery costs, that remain the responsibility of the Buyer and will be billed in addition to the price of the Product(s) ordered.

The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the rates in force at the time of the validation of the order.

6.2 - payment of the price

The payment of the price of the Order will be carried out, when ordering, by credit card (Blue card, Visa, Mastercard).

The payment order made by credit card cannot be cancelled. Therefore, the payment of the Order by the Buyer is irrevocable, without prejudice to the possibility for it to exercise its right of withdrawal and subsequent cancellation of the Order.

6.3 - payment security

The Site possesses an efficient security system. The Seller has indeed adopted the SSL (Secure Socket Layer) encryption process which allows optimal protection of all sensitive data related to the means of payment.

The Seller never has access to the banking information of the Buyer. This is why its contact details will be requested for each new Order.

Only the Banque CIC and the CYBERMUT platform payment have the confidential information required for the transaction and inaccessible to third parties.

The Buyer can easily identify when the Site is in secure mode: a padlock appears at the bottom right of the screen and the URL is displayed in the form "https" and not "http" anymore.

6.4 - creation and transmission of invoices

The invoice is created on the date of shipment of the Order and is addressed to the Buyer at the same time as its Order.

The invoice will also be available on the Site, in the “My account” section for one year.

Article 7 – transfer of ownership and risk

THE TRANSFER OF PRODUCT OWNERSHIP TO THE BUYER WILL BE MADE WHEN THE SELLER RECEIVES FULL PAYMENT OF THE PRICE.

The Buyer is nevertheless responsible for any possible loss or destruction of the Product during the period elapsing between receipt of the Product and the date of the transfer of Product ownership.

The breach, by the Buyer, of its payment obligation entitles the Seller to require the immediate return of the goods delivered at the Buyer’s expense and risk.

Article 8 - delivery

8.1 general information

The Seller reserves the faculty not to the deliver the products ordered by the Buyer until full payment of the price by the Buyer, being specified that the payment made by the Buyer will be considered as definitive after the Seller receives the amounts due.

8.2 - terms and costs of delivery

The Product(s) ordered on the Site will be delivered to the address indicated by the Buyer in the form completed when ordering. The Seller cannot be held responsible for delays or delivery error due to an incorrectly entered address by the Buyer when placing its Order.

The Order will be transported by DHL for metropolitan France at the Buyer’s expense.

Deliveries outside metropolitan France will also be handled by DHL and may be subject to taxes and customs fees which will be the Buyer’s sole responsibility.
Insofar as the Seller may not know in advance the amount of customs fees which the Buyer will have, where appropriate, to pay for the Products delivery outside metropolitan France, the Buyer is invited to inquire about the amount of customs fees that it will have to pay. To do so, the Buyer may, in particular, consult the site accessible at the address http://www.douane.gouv.fr/articles/a10798-calcul-des-droits-et-taxes-sur-les-achats-a-l-etranger or contact the Infos Douane Service services by phone at 0 811 20 44 44 (cost of a local call from a landline) or by email. Outside metropolitan France or from abroad, the service is available by calling the 33 1 72 40 78 50 preceded by the international dialling code (cost of a local call from a landline in France + cost of an international call variable depending on the country).

The product transport costs, and any customs fees due by the Buyer in addition to the price of its Order, will be brought to its attention upon reminder and validation of its Order.

8.3 - delivery times - delay

The Seller undertakes to deliver the Product subject to the Order in a period:

  • of 90 working days, for Products customised by the Seller at the Buyer’s request (tailor-made shirts and/or suits);
  • of 15 working days for all other Non-customisable Products available on the Site (ties, cuff links, gift cards, etc.).

These times will begin only the day following validation of the Buyer’s Order and subject to full payment of the price.

The Seller undertakes to make its best efforts to deliver Products ordered by Buyer within the above specified times.

If the above delivery times are not met, the Customer will be able to terminate the contract, by registered letter with acknowledgement of receipt, if, after having required, under the same terms, the Seller to ensure delivery within a reasonable additional period (which may not be less than 8 working days), the Seller did not carry it out within this period.

In this case, the Seller will reimburse the Customer for all the amounts paid by it in respect of the Order, within a maximum period of 14 days of receipt of the registered letter by which the Customer will have notified its willingness to terminate the contract. The amount refunded to the Customer will be, in case of delays in reimbursement, increased under the conditions defined in article L.138-3 of the French Consumer Code.

If the Product is delivered after termination of the Order by the Customer, the refund will take place upon receipt by the Seller of the Product in its original state.

The return of the Product and refund of the Buyer will occur under the conditions provided below in article 9 "Withdrawal - Refund”.

As an exception to the above, any delay attributable to DHL or any force majeure, cannot engage the Seller’s responsibility.

8.4 - claims related to the delivery

The risks associated with transport are supported by the Seller, provided that the Buyer has inspected the Products at their reception in the presence of the carrier and has notified in writing on the travel voucher, where appropriate, specific reservations observed.

The Buyer must refuse delivery if any goods are damaged, missing, or if the package has been opened or refurbished (except for passage through customs).

In all cases, the Buyer will also have to inform the Seller of the anomaly found the same day or at the latest within a period of 3 days following receipt of its Order, by detailed email to the Seller at the following address: contact@atelierna.com.

Claims of the Buyer shall include: the order number, contact details, product references and detailed reasons of its claim (which will be ideally accompanied by photographs).

When the goods are accepted without reservations by the Buyer and/or when the Buyer does not submit any claim to the Seller within 3 days following the delivery, the goods are deemed arrived in good condition and in its entirety (number of packages, of Products, identity related to the Order, etc.)

Article 9 - withdrawal - refund

9.1 - period and modality of withdrawal

From the Product receipt by the Buyer, the Buyer has a withdrawal period of 14 days, allowing it, without having to justify specific reasons, to return the delivered Product.

If the Buyer makes use of this right of withdrawal within the time allotted to it, the Seller undertakes to refund the Buyer within 14 days at the latest following the date on which this right of withdrawal was exercised and the Product was returned. The refund will cover all sums paid by the Customer (including shipping costs) and will be effected by transfer to the Buyer’s bank account.

In case of exercise, by the Buyer, of its right of withdrawal, it shall:

  • 1 / Notify the Seller of the exercise of such right, by all means at its convenience, being specified that the Seller puts at the disposal of the Buyer on its Site, a downloadable withdrawal form that the Buyer will be able to submit, in particular, by email. As soon as the Seller is advised of the retraction of the Buyer, it will send, by email and without delay, a confirmation acknowledging receipt of this withdrawal.
  • 2 / Return to the Seller the Product(s) which was/were delivered, within a maximum period of 14 days following communication of its decision to withdraw.

The Product(s) returned will have to be in good condition and in its/their original packaging. The Seller recommends that the Buyer takes all precautions necessary for the Product(s) good re-routing.

The Product return costs will be charged to the Buyer.

9.3 - Exclusion of the right of withdrawal

As an exception to the foregoing, and in accordance with the provisions of article L.121-21-8 of the French Consumer Code, THE BUYER DOES NOT BENEFIT FROM ANY RIGHT OF WITHDRAWAL FOR PRODUCTS THAT WERE CUSTOMISED BY THE SELLER AT ITS REQUEST (tailor-made suits and shirts).

Article 10 – legal guarantees of conformity and hidden defects

Guarantee of conformity for Non-customisable Products: If the Product received by the Buyer does not conform to the Product named in its Order (non-compliance with respect to the information on the order form), it must immediately notify the Seller by email at the address contact@atelierna.com, at the latest within three working days following reception of the package. If a lack of conformity is proven, the Product(s) ordered will be replaced or repaired by the Seller, according to the wish expressed by the Buyer in this regard, unless this wish entails an obvious disproportionate cost with regard to the other modality.

If the wish expressed by the Buyer cannot be satisfied within a period of one month following its claim, or if the Product(s) repair or replacement is impossible, the Buyer will have the right either to return the Product to the Seller and be refunded if payment was already made, or keep the Product and get a partial refund of the price by the Seller.

Guarantee of conformity for Customised Products (tailor-made suits and shirts): As regards Customised Products (tailor-made suits and shirts), the Seller shall not be liable for any consequences, on the finished Product, of a change in the measurements of the Buyer between the date of its first acquisition of a same Customised Product in store (prerequisite for any order placed on the Site) and the date of ordering a Customised Product on the Site. It is therefore recalled, where appropriate, that any change in the measurements of the Buyer (weight loss, weight gain, change in morphology, etc.) should require it to come back to the store prior to placing any new order of a Customised Product on the Site.

It is also recalled that Customised Products ordered on the Site will be made by the Seller in accordance with the customised template that was created by itself, based on the Buyer’s morphology and expectations, at the time of the first acquisition by the Buyer in store.

If the Buyer finds, when the Customised Product is delivered, that it has a lack of conformity:

  • - it shall immediately notify the Seller by email at the address contact@atelierna.com, specifying the reasons why it considers the supplied Customised Product does not comply with its Order.
  • - and it returns the Product to the Seller so that it can verify the existence of the denounced non-conformity, and, where appropriate, rectify it.

If, at the moment of review of the Customised Product by the Seller - which will, in particular, compare the Product returned by the Buyer and its customised template which served as a model in the manufacture of the delivered Product - the Product non-conformity denounced by the Buyer is proven, the Seller shall proceed, at its expense, to the necessary alterations or complete re-making of the Product.

If this Product conformity cannot be carried out within a period of one month following the return of the Product by the Buyer, or if the Product(s) alteration or re-making is impossible, the Buyer shall have the right either to:

  • - be reimbursed for the Product price,
  • - have the Product returned as is by the Seller and agree with it a partial refund of the price, being specified that the amount of the partial refund will depend on the nature and the discomfort caused by the observed non-conformity that is possible to rectify.

Legal guarantee of hidden defects applicable to all Products:

The buyer benefits, for all Products ordered on the Site, from the legal guarantee of hidden defects as provided for by articles 1641 to 1649 of the Civil Code.

Common provision to legal guarantees of conformity and hidden defects:

These guarantees are free of charge for the Buyer. The Product return costs will therefore, in the exercise of one of these legal guarantees by the Buyer, be borne by the Seller.

Article 11 - liability

The Seller is liable to the Buyer for the good execution of the Order.

However, the Seller shall not be liable if it proves that the non-performance or improper performance of its obligations is attributable to the Buyer, the unpredictable and insurmountable act of a third party not involved in the provision of the services specified in the Conditions, or to an event of force majeure as defined by the jurisprudence of the French courts.

Similarly, the Seller cannot be liable for damages resulting from a fault of the Buyer when using the Products.

Article 12 - intellectual property

All elements edited on the Site - such as sounds, images, photographs, videos, writings, animations, programs, graphics, utility programs, databases, software - are protected by the provisions of the French Intellectual Property Code and belong to the Seller.

The Buyer is prohibited from infringing the intellectual property rights attached to these elements and, in particular, reproduce, represent, modifying, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, excluding acts necessary for their normal and consistent use.

Any infringement of the Seller’s rights of intellectual property may give rise to legal proceedings.

Article 13 – personal data

The Buyer is informed that during its navigation and as part of the Order, personal data concerning the Buyer are collected and processed by the Seller who is responsible for their processing, for instance through the online form to place the Order.

This processing is subject to a declaration to the “Commission Nationale Informatique et Libertés” pursuant to the law No. 78-17 of 6 January 1978, under the No. 1812945.

13.1 - personal data usage and transmission

Recipients of collected personal data will be, besides the Seller, its trading partners whom the Seller will eventually call upon for purposes of processing and routing Orders.

These data are used for the Order processing as well as to improve the services offered by the Seller.

13.2 - cookie management

Cookies are text files which are sent by the Web server to your browser and then stored on your computer when you visit a Web page. The creation of Cookies allows the Seller to facilitate the Buyer’s access to the Site and simplify its purchases.

The Buyer is informed that the Seller wishes to implement a Cookie on its computer in order to record information about its navigation on the Site, as well as information provided by its care in online form(s), intended to be thus preserved for a period of 6 months.

The implementation of this Cookie is designed to save this information so that they can be read on the Buyer’s next visits on the Site and to avoid, in particular, the necessity to fill the form(s) proposed during its visits or allow the saving of the contents of its last shopping cart(s).

However, the Buyer has the right to oppose the installation of Cookies on its computer and must conform, to do so, the instructions of its browser.

The Buyer’s refusal of cookies indispensable to the operation of the Site may prevent access to certain services of the Site, including the online purchase service, or degrade the use of some of them.

The Seller disclaims any liability for the consequences resulting from the Buyer’s refusal to accept cookies necessary to the provision of services.

13.3 right of access, modification and opposition

The Buyer has the right to oppose the processing of its personal data.

It has the right to oppose, free of charge, the use of its data for prospecting purposes, including commercial prospecting, by the Seller or the person responsible for further processing

The Buyer, if it justifies its identity, has the right to ask the Seller if its personal data are or are not the subject of this processing, the information for the purposes of the processing, the categories of personal data processed and recipients or categories of recipients to whom the data are disclosed as appropriate, the information on transfers of personal data envisaged to a country which is not a Member State of the European Community.

The Buyer is informed that a copy of the personal data can be issued upon request.

The Buyer, if it justifies its identity, also has the right to require the Seller to rectify, complete, update, lock or erase the personal data concerning the Buyer that would be inaccurate, incomplete, equivocal, expired, or whose collection, use, communication or conservation are prohibited.

In order to exercise this right, the Buyer will send a letter to the Seller as the party responsible for processing, to the following address: 36 rue Paul Cézanne, 68200 MULHOUSE or to the following email address contact@atelierna.com

When requested by the Buyer, the Seller must prove, without charge to the Buyer, that it proceeded to required operations.

The Buyer is informed that in the case of dispute, the burden of proof lies with the Seller, except where it is established that the disputed data were transmitted by the Buyer or with its consent.

The Buyer is also informed that, when it gets a change in the recording, it is entitled to obtain reimbursement of the fee corresponding to the cost of the above-mentioned copy.

Article 14 - convention on evidence

It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions.

Both Parties agree that the emails exchanged between the parties validly prove their discussion and, where appropriate, their commitments, notably as regards the transmission and acceptance of Orders.

Article 15 - partial invalidity

If one or more provisions of these Conditions are considered invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will remain in full force.

Article 16 - applicable law

By express agreement between the parties, these Conditions are governed and subject to French law.

Article 17 – disputes

The Parties agree that if disputes arise concerning the execution or interpretation of the Conditions, they will strive to find an amicable solution.

If they fail to find an amicable resolution, the dispute will be brought before the competent courts.