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Terms of Sale
These terms of sale apply as from 1st June, 2017.
All orders of ORIGINE ATELIERS products imply unreserved acceptance of these terms of sale.
They have been drafted in the French language and it is this version which is applicable, taking priority over any other translated version.
No special conditions can be added to these terms without the formal written agreement of ORIGINE ATELIERS.
Any differing conditions put forward by the Client, without explicit agreement, shall not be binding upon ORIGINE ATELIERS.
If any stipulation of any of these terms is declared null by a court or any other authority, such a decision shall in no way affect the validity of the other stipulations.
The fact of not exercising, at any given moment, a prerogative recognised by these Terms, or of not demanding the execution of any stipulation of the agreement issued from these terms, can in no way be interpreted as either a modification of the contract or an explicit written or tacit waiver of the right to exercise the said prerogative in the future or the right to demand the scrupulous implementation of the engagements contracted by these Terms.
1. Range of application
These terms apply to all sales of products destined for the final-user customer, made through the website https://origine-ateliers.com and more generally by any other communication channel, but excluding sales to business clients.
2. Applicable Law - disputes
Any question relating to these Terms of Sale, as well as to the sales and services they govern, which is not dealt with by these terms, shall be subject to the provisions of French law, excluding the Vienna Convention of 1980 on the international sale of merchandise.
In case of legal disputes, only French courts shall be competent.
3. Identity of the seller
The sales offers shown on the website https://origine-ateliers.com are issued by ORIGINE ATELIERS, a limited company with a capital of 24,660 Euros, whose headquarters are at 16 avenue Jaulerry, Biarritz, and registered at the Bayonne Registry of Commerce and Companies under the number 452 381 528. For any further information about the website and/or the products on it, please contact ORIGINE ATELIERS by email : contact@origine-ateliers.com, or by telephone: +33 5 59 52 02 27 during opening hours.
4. Products
ORIGINE ATELIERS proposes the sale of products previously described on the following website : http://origine-ateliers.com
Although ORIGINE ATELIERS takes the greatest care in ensuring that the photos of products on their website are accurate representations of the products, slight variations may occur, mainly due to the components of each product and its technical characteristics, and the photographic resolution.
ORIGINE ATELIERS is therefore not responsible for any shortcomings in graphical representations of the products presented on their website.
The products conform to current French specifications relating to health and safety, and consumer protection at the time they were put on the market.
5. Ordering Products
5.1. The customer can see the products which ORIGINE ATELIERS sells online on the website http://origine-ateliers.com
5.2. Si These steps must be followed when placing an order:- Closely follow the instructions on the website, in particular those concerning opening a customer account.
- Fill in an order form according the indications, supplying identification details, (names, first names, email, postal and delivery addresses.
- Check all order information carefully before confirming.
- Confirm order with the total price, including taxes and administrative & shipping costs.
- Follow the online server instructions for payment including taxes.
The customer will then immediately receive an email confirming whether his payment has been accepted.
After the purchase, we recommend that the customer downloads, saves or prints out the terms of sale applicable at the time of the order, as well as all information relating to the order.
An email confirming the order will then be sent to the customer at the email address supplied on the order form.
5.3 The customer who has chosen to purchase products from the website will confirm their order after reading the order summary displayed on screen and clicking on the "confirm" button to show their engagement, understanding and acceptance of these terms of sale, and their agreement concerning the product purchased.
Unless otherwise specified, once the order is confirmed, it will be submitted to ORIGINE ATELIERS for processing and cannot be changed or cancelled.
6. Availability of products
6.1. The products and the prices proposed by ORIGINE ATELIERS are valid as long as they are accessible on the ORIGINE ATELIERS website, and only while stocks last.
6.2. If any product ordered is unavailable, the customer will be informed by email as soon as the order is received.
The customer may then choose between a refund, or the delivery of an equivalent or similar product of the same value.
Any difference in value between the price initially paid by the customer and the price of the replacement product, shall be paid back to the customer when in their favour, or charged to the customer if the replacement product is more expensive.
7. Price
7.1. The prices of the products are given in Euros and include all taxes
Processing and shipping fees are charged to the customer and are indicated before the order is confirmed.
ORIGINE ATELIERS reserve the right to change the prices on their website at any moment. However the products will only be invoiced at the price given on the website http://origine-ateliers.com at the time the order is confirmed.
7.2. For any request for a specific product by a customer, ORIGINE ATELIERS will issue a written estimate. This estimate will be valid for thirty (30) days after the date of its issue.
8. Payment
8.1. The price is due in Euros to the headquarters of ORIGINE ATELIERS, by bank card, from the time the order is confirmed, for products ordered from the website http://origine-ateliers.com, or by bank transfer for any order of a specific product subject to a previously drafted estimate.
8.2. No discount for advance payment shall be granted by ORIGINE ATELIERS.
8.3. Under the terms of this clause, a payment is considered to be the provision of funds to ORIGINE ATELIERS.
8.4. When the payment is made by bank card, the transaction is immediately debited on the customer's card after the card's data has been verified, as soon as the debit has been authorised by the issuer of the customer's bank card.
In accordance with the legal provisions, the commitment to pay given by a bank card is irrevocable. By giving details of their bank card, the customer authorises ORIGINE ATELIERS to debit their bank card for the amount corresponding to the total price, including tax and all other costs.
To this end, the customer confirms that he is the holder of the bank card to be debited and that the name figuring on the bank card is his own. The customer supplies the sixteen figures and the expiry date of his bank card as well as the security code on the back of the card, if applicable.
If it is not possible to debit the card for the total price including tax and delivery costs, the online sale will immediately be rescinded and the order will be cancelled.
9. cancellation and exchange policy
In accordance with the provisions of article L.121-20 of the Consumers' Code, when a product sales contract has been entered into by the customer on the ORIGINE ATELIERS website https://origine-ateliers.com, the customer has a statutory seven-day cooling-off period to withdraw from the sale counting from the reception of the products ordered. If the seven day period expires on a Saturday, a Sunday or a public holiday, it is moved forward to the next working day.
Any withdrawal from a product order must be made in writing by the customer to ORIGINE ATELIERS to the following address :
ORIGINE ATELIERS
16 avenue Jaulerry
64600 Biarritz
FRANCE
Mail: contact@origine-ateliers.com
Unless the customer withdraws within the period and under the aforementioned conditions, the contract is firm and definitive as from its acceptance by the customer. Notwithstanding the preceding provisions, the products whose packaging has been opened, or used by the customer, or damaged, cannot be returned by the Customer and shall not be taken back.
In all cases, the costs of returning a product in the case of withdrawal shall be paid by the customer. As soon as the product has been returned to ORIGINE ATELIERS and is intact, the refund will be made by cheque or bank transfer in the customer's name. If by cheque, it shall be sent by registered mail to the address given by the customer in the written withdrawal, and otherwise, to the invoicing address.
Jewellery shall only be exchanged if it is for a different size or for a piece of the same value.
For any exchanges of differing value, we will refund the original piece so that the customer can make a new order on the website : http://origine-ateliers.com.
For all exchanges, the customer should send a written request to contact@origine-ateliers.com.
Exchanges will only be made if the piece is intact and still has the label on.
The invoice of the piece and a return form should be included in the package. Only one exchange shall be paid by ORIGINE ATELIERS. Any further exchanges shall be at the customer's cost.
Exchanges can only be made within a month of receiving the shipment. After this date, exchanges cannot be accepted.
9.1. Made-to-measure, customised pieces are not covered by the Cancellation Policy.
10. Delivery of products
The products are delivered to the address given by the customer when the contract is concluded.
The shipping costs given to the customer before the order is accepted on the website https://origine-ateliers.com will be wholly payable by the customer.
The transfer of risk on the products takes place when the customer receives the product.
Apart from cases of force majeure or supply problems, the products will be shipped within 6 (six) working days counting from the date of payment of the price corresponding to each order validated by the customer.
Any modification of an order which is being processed, if accepted by ORIGINE ATELIERS, will mean a longer period before shipping.
The customer must check the state of the packaging as well as the products, when accepting the delivery.
It is the responsibility of the customer to make any claims they may deem necessary, or to refuse to accept the package, as soon as they notice any anomaly such as damaged packaging or a missing product which appears on the delivery documents etc... The Client must ensure that the products which have been delivered correspond to the order made. If the delivery does not correspond to the delivery document, either in type or quality, the customer must inform ORIGINE ATELIERS' customer service department whose contact details are given in clause 9 above.
11. Copyright
ORIGINE ATELIERS retains the exclusive right to the ownership and possession of all intellectual and industrial property rights which belong to them and which the customer may be required to know about or use during any sales contract.
The customer may not use, exploit or reproduce the intellectual or industrial property rights owned by ORIGINE ATELIERS without prior written consent.
The Customer may not file any type of ownership deed relating to creations, inventions, drawings, models, brands, plans, or procedures belonging to ORIGINE ATELIERS and protecting their products.
12. Legal Guarantee
The customer benefits in all cases from the legal guarantees concerning contractual conformity of the goods and hidden defects, according to the provisions set out hereafter of the Consumers' Code and the Civil Code.
Nevertheless, if the repairing of a product within the framework of the legal guarantee incurs expenses for ORIGINE ATELIERS which are higher than the price of the product delivered, ORIGINE ATELIERS may decide to replace the product with an identical one.
Furthermore we remind customers that any precious metal which the product is made of, notably silver, may undergo a change in colour or a deterioration due to oxidation or contact with other substances or active products, such as some cosmetics or perfumes, or bleach contained in swimming pools or Jacuzzis. Similarly jewels made of precious metals undergo inevitable wear and tear, such as scratches, whenever they are worn. Consequently, ORIGINE ATELIERS shall not be held responsible for any normal wear and tear of their products or deterioration or discolouration linked to oxidation of precious metals in the products, or contact with any active product or substance.
Consumer Code Article L.211-4
The seller is required to deliver a product which conforms to the contract, and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility for it, or had it carried out under his responsibility.
Consumer Code Article L.211-5
To conform to the contract, the product must:
1° - Be suitable for the purpose usually associated with such a product and, if applicable:
-correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model,
-have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling, ;
2° - Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Consumer Code Article L211-12
Action resulting from lack of conformity lapses two years after delivery of the product.
Civil Code - Article 1641
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Civil Code - Article 1648
An action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice.
- Personal Information
- Information concerning the customer, collected as part of any order of Origine Ateliers products from the website, is necessary for Origine Ateliers to process these orders. They are recorded in the Origine Ateliers customer database and may give rise to the customer exercising his right to access and rectify this information with the Origine Ateliers customer service department, in accordance with the French Data Protection Act of 6th January 1978.
- Proof and record keeping
- The record keeping of order forms and invoices is carried out using a reliable and durable medium so as to constitute a faithful, durable copy. These order forms and invoices may be produced as proof of contract.