Ce site https://atelierdespre.com est édité et diffusé par la micro-entreprise Sndy Salvi
Siège social : 6 rue d’Armaillé, 75017 Paris
Immatriculée au répertoire des métiers de Paris sous le numéro: 911.682.748
SIRET: 911.682.748.00018
Code APE: 3299Z
General Terms and Conditions of Sale and Use (GTC/UG)
- Preamble
Les présentes Conditions Générales de Vente sont conclues d’une part par la micro-entreprise appartenant à Mme Salvi, domiciliée au 6 rue d’Armaillé 75017 Paris et immatriculée à la Chambre des Métiers et de l’Artisanat de Paris sous le numéro 911.682.748 (ci-après dénommée “Atelier Despré”), gérant le site www.atelierdespre.com et, d’autre part, par toute personne physique ou morale souhaitant procéder à un achat via le site internet www.atelierdespre.com, dénommée ci-après le “Client”.
Atelier Despré offers its Customers via its Website www.atelierdespre.com (hereinafter referred to as "the Website") the supply of customisable floral and plant creations that it has previously made.
Atelier Despré's Customer Service is available:
- by mail: hello@atelierdespre.com
- via the contact form accessible on this website on the "Contact" page
- by post: 6 rue d'Armaillé 75017 Paris
En vertu de l’article 6 de la Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique, il est précisé aux utilisateurs du Site Internet www.atelierdespre.com l’identité des différents intervenants dans le cadre de sa réalisation et de son suivi:
Propriétaire, éditrice et gestionnaire: Mme Salvi
Créateur: Rara Themes via WordPress
Hébergeur: Infomaniak, 25 Eugène-Marziano, 1227 Les Acacias (Suisse) / +33 (0)9 71 03 02 64 / www.infomaniak.ch
- Scope and acceptance of the General Terms and Conditions of Sale
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between Atelier Despré and the Customer and the conditions applicable to any purchase made through the website www.atelierdespre.com.
The acquisition of an Item through this Site implies total and unreserved acceptance by the Customer of these General Terms and Conditions of Sale (the "GTCS") and of Use of the Site (the "GTU"), which the Customer acknowledges having read prior to placing an order. In accordance with the legal principles in force, online sales may only be made by a person who has legally consented thereto, which is why the Customer declares that he/she has the required capacity to contract and purchase the Articles offered on the Site, that his/her commitment does not require a handwritten or electronic signature and that he/she accepts Atelier Despré's GTCs and TOU with full knowledge of the facts.
The Customer acknowledges that he/she has read and accepted these terms and conditions by ticking the box provided for this purpose before placing his/her online Order.
Atelier Despré reserves the sale of items on the Site for retail sale to end consumers, whether natural or legal persons. Therefore, prior to any transaction, the Customer declares that he is acting as an end consumer and that he does not intend to sell Atelier Despré's products for commercial purposes.
Under no circumstances may the site be used by resellers or intermediaries acting on behalf of resellers or by professional sellers, alone or in groups, regardless of the way in which their Articles are marketed.
The Customer therefore acknowledges and accepts that Items may only be purchased in quantities corresponding to the average needs of a single consumer. These average consumer requirements shall be understood to mean both the number of Articles per Order and the number of individual Orders placed for the same Article. Atelier Despré reserves the right to refuse an Order that is clearly placed by a professional reseller Customer.
In view of possible changes to the Website and regulations, Atelier Despré reserves the right to modify these General Terms and Conditions of Sale at any time. Therefore, the applicable GTC shall be those in force on the date of the order by the Customer. You may view the current version of the General Terms and Conditions of Sale at any time by clicking on the link "General Terms and Conditions".
The GTC shall apply to all orders placed with Atelier Despré and shall prevail over any conflicting document, in particular the Customer's General Terms and Conditions of Purchase.
These GTC are not indivisible, in the event of the invalidity of one of the conditions as a result of new legislation or a court decision that has become final, the other provisions shall remain in force.
- Articles
The Items available for sale and governed by these GTC are those that are listed on the website www.atelierdespre.com and that are indicated as sold or shipped by Atelier Despré (the "Items"). The Items are offered subject to availability as displayed on the Site.
Atelier Despré reserves the right at any time to change the range of products, to withdraw from sale any of the items on the Site, and/or to replace or change any information associated with the items on the Site.
Atelier Despré indique les caractéristiques des Articles avec la plus grande exactitude possible sur le Site sous forme de photographies, graphismes et descriptifs reprenant leurs principales spécificités et éventuellement les conditions d’entretien et d’utilisation. Il revient au Client d’en tenir compte avant son achat. Les caractéristiques et visuels ainsi présentés sont données à titre uniquement indicatif et non contractuel. Ils peuvent en outre varier dans le temps.
Atelier Despré uses natural products (flowers, plants and natural stones) and as such variations in colour, size or texture are to be expected from one model to another. Therefore, Atelier Despré reserves the right to adapt the arrangement of the elements to ensure the greatest overall harmony.
Atelier Despré uses semi-precious stones for their esoteric and lithotherapy qualities. Under no circumstances should its use replace medical advice. The Customer must consult a doctor if he/she shows symptoms of any illness.
Atelier Despré products are not toys and contain small parts. It is therefore the Customer's responsibility to keep them out of the reach of children.
The sale of products presented on the www.atelierdespre.com website is intended for all Customers residing in countries that fully authorise the entry of these products into their territory. It is the Customer's responsibility to ensure that this authorisation is obtained before ordering.
In the event that an Article is not available after the Order has been placed, Atelier Despré invites the Customer to refer to the procedure set out in Article 4 of these GTC.
- Availability of items/ Failure to complete an order
The Articles and prices of Atelier Despré are valid as long as they are visible on the Site and while stocks last.
However, and in particular in the event of simultaneous Orders for the same Article by several Customers, changes or errors may occur. In the event that an Article is unavailable after the Order has been placed, Atelier Despré shall inform the Customer of this situation as soon as possible by e-mail. The Customer shall be offered the option of replacing the Article with another Article at the same price on the Site or cancelling the Order for that Article. Cancellation will result in the refund of the item in question, the remainder of the Order remaining firm and definitive.
Atelier Despré shall not be held liable in the event of stock-outs or unavailability of the Articles for Orders not yet accepted by Atelier Despré.
In the event that the order is not fulfilled (i.e. Atelier Despré, the deliverers or the logistics provider are unable to fulfil the order), the Customer may request a refund of the entire order, provided that no events of force majeure have occurred that would make it impossible to fulfil the order.
- Rates
When a Customer wishes to purchase an Article sold by Atelier Despré through the Site, the price indicated on the page of the Article corresponds to the price in Euros (€) and excluding VAT. In accordance with Article 293B of the French General Tax Code, VAT is not applicable.
The price of the Items does not include shipping costs and takes into account any discounts applicable and in force on the day of the Order (particularly sales). Shipping costs are invoiced in addition to the total price of the Items ordered and depend on their characteristics (size, weight, shipping method, etc.). The amount of these charges shall be communicated to the Customer before the latter validates the total Order.
If the total cost of the Articles cannot be calculated in advance for specific reasons, Atelier Despré shall send the Customer a detailed quotation.
Atelier Despré reserves the right to change its prices at any time and without prior notice, it being understood, however, that the price shown on the Site on the day of the order shall be the only price applicable to the Customer.
Outside the European Union and in French overseas departments and territories, the price is invoiced exclusive of VAT. European VAT does not apply and it is the Customer's responsibility to find out about and pay any other taxes applicable in the place of destination (customs duties, sea taxes, etc.) in accordance with the Incoterm DAP (Delivered at place).
If the Customer orders from a country that is not subject to the Euro (€), he may also be charged interbank fees by his bank. In any event, it is the Customer's responsibility to ascertain the terms and conditions that apply to their local order and to honour them.
Promotional discount codes valid on all or certain items on the Site may be offered at any time. The conditions of use of these codes are specified at the time of issue.
Only one code may be used per order and must be used before the order is placed. Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order.
- Ordering and payment terms
Before placing an order, the Customer must create an account on the Site www.atelierdespre.com.
The account creation section is accessible directly from the Login/Register button at the top of the Site. At each visit, the Customer can order or consult his account (status of orders, profile, etc.). To do so, the Customer must identify himself using his personal information and login details. Atelier Despré shall not be liable for the use of personal identifiers by a third party.
Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.
The latter is only processed once payment has been received and validated, by bank transfer via a secure connection or by bank card via the Site's secure payment module.
In the latter case, the customer's banking information is never communicated to https://www.atelierdespre.com, but is processed directly by the bank's secure and encrypted server.
Depending on the nature or amount of the order, Atelier Despré shall also be free to require a deposit or payment of the full price upon placing the order or upon receipt of the invoice.
In the event of non-payment of the Articles in whole or in part by the date agreed on the invoice, the Professional Customer and end user (see Article 2 of these GTC) shall pay Atelier Despré a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected shall be the most recent one at the date of the Order for Services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client shall automatically give rise to the payment of a fixed penalty of 40 euros due by way of collection costs.
In the event of failure to pay for the Products in full or in part by the date agreed on the invoice, the Private Consumer Client shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in the supply of Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.
- Reservation of ownership
Atelier Despré conserve la propriété pleine et entière des Articles vendus jusqu’au parfait encaissement du prix, en principal, frais et taxes compris (application de la loi n° 80-3355 du 12 mai 1980). Atelier Despré peut reprendre possession desdits Articles en cas de non-paiement. Dans ce cas, les éventuels acomptes versés demeureront acquis à l’Entreprise au titre d’indemnisation.
For Professional Customers who are end consumers and who are not excluded under Article 2 of these GTC, the transfer of risk to the Customer shall take place as soon as Atelier Despré hands over the goods to the carrier.
For pivoted Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods from the shop when the Customer has chosen in-store delivery.
The costs incurred by the need for a contentious recovery shall be borne by the Client (including legal fees and interest for late payment).
- Delivery times and delivery
Atelier Despré's products are handmade and require a certain amount of attention to detail. In order to meet the quality requirements of its Customers, they must allow up to 4 weeks for their order to be dispatched (excluding holiday periods and delivery times by the carrier). After this period, if the order has not been dispatched, the Customer may demand the cancellation of the sale and the reimbursement of the order.
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by Colissimo, Chronopost or DHL depending on the Customer's choice or the specific features of the chosen Article (dimensions, weight etc.). The delivery times given by the delivery service provider are given on the Site as an indication only. Atelier Despré may provide the Customer with a tracking number by e-mail.
The Customer shall bear the transport risks from the moment the goods leave the premises of Atelier Despré. The Customer is obliged to check the condition of the packaging and the contents of the goods upon delivery in the presence of the delivery person. In the event of damage during transport, the Customer must lodge a complaint with the carrier within three days of delivery. For deliveries outside metropolitan France, the buyer undertakes to pay all taxes due under the laws of the country where the order is received.
- Right of withdrawal / Complaint
The Customer has a legal cooling-off period of 14 days to cancel his order after receiving it, except for the Articles mentioned in article L.221-28 of the Consumer Code. Items that are personalised or made according to the customer's requests are therefore not concerned by this clause.
The withdrawal request must be sent exclusively by e-mail to hello@atelierdespre.com or via the contact form on the site. Requests for withdrawal sent by private messages on social networks will not be taken into account under any circumstances.
The product must then be returned in the same condition in which it was sent and in its original packaging.
In the event of a complaint, the Customer is invited to contact Atelier Despré as soon as possible by e-mail at hello@atelierdespre.com or via the contact form on the Website, stating as clearly as possible the subject of the complaint (if necessary by attaching photos or any other evidence relevant to the understanding of the problem). A complaint not respecting the conditions described above will not be accepted. After examining the situation, Atelier Despré may decide to repair, replace or reimburse all or part of the Article, subject to the material possibility of repairing it or its availability in stock.
Les frais de retour des Articles sont à la charge du Client (sauf erreur imputable à Atelier Despré: erreur de saisie ou référence incorrecte par exemple). Le remboursement des Articles ne sera effectué qu’après réception effective de ces derniers par l’Entreprise, dans leur emballage d’origine (intact), avec tous les éventuels cadeaux offerts à l’achat et dans l’état dans lequel chacun de ces éléments aura été reçu par le client. Tout dommage porté à l’un ou l’autre de ces éléments pourra donner lieu à une pénalité ou à l’annulation du remboursement. Atelier Despré informera le Client de cette réception sur l’adresse mail que celui-ci aura utilisé pour sa commande et lui fera part des suites données après contrôle de l’Article retourné. S’il le peut, le Client est invité à joindre la facture d’origine de son achat afin de permettre un traitement plus rapide de la demande.
- Mediation
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, if a dispute cannot be settled by means of a prior complaint made directly to Atelier Despré (in accordance with Article 9 of these GTC), the Customer may apply to the mediator:
CM2C
14 rue Saint Jean 75017 Paris
01.89.47.00.14.
Under European law, the Customer may also refer to the online dispute resolution platform.
- Applicable law
These General Terms and Conditions of Sale are governed by French law, Atelier Despré being a French company established in France. It is understood that a person is considered to be established in France if he is permanently and stably established in France in order to carry out his business. In any event, the principle of the law of the country of establishment shall not have the effect of depriving a consumer who has his habitual residence in the territory of another State of the protection of the provisions of its local law if they are more protective.
All disputes arising from transactions entered into pursuant to these GTC, whether concerning their validity, interpretation, performance, termination, consequences or consequences, and which could not be resolved "amicably" between Atelier Despré and the Customer, shall be submitted to the competent French courts under the conditions of common law.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants.
- Guarantee
Guarantee of conformity and hidden defects
If the Customer finds that the Article purchased is not in conformity or does not correspond to the order, the Customer may, in accordance with Articles L211-4 et seq. of the French Consumer Code and Article 1641 of the French Civil Code, return it to Atelier Despré, which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by email to hello@atelierdespre.com, using the contact form available on the website.
The Customer may also decide to invoke the guarantee for hidden defects. He may opt for the return of the Article and its reimbursement or the conservation of the Article with a price reduction (Article 1644 of the Civil Code).
The incriminated Articles must be returned in the state in which they were received, accompanied by all the elements accompanying it, in a packaging capable of ensuring its return transport in good conditions. The shipping costs will be reimbursed to the Customer on the basis of the invoiced price and the return costs will be reimbursed to the Customer upon presentation of proof.
Commercial guarantee
Atelier Despré undertakes to execute and deliver a product in accordance with the order, subject to the specificities of the natural products used (dried flowers, stabilised flowers, natural stones) and the method of manufacture (manual). Atelier Despré undertakes to take into account and to try to translate as faithfully as possible the feelings expressed by the Customer in his or her creations when placing the order. This also implies that the creative sensibility and know-how of Atelier Despré may make the delivered creation different from the photographic image, which has only illustrative value.
Furthermore, Atelier Despré reminds the Customer that it is not the producer of the Products sold within the meaning of Article 1245 of the Civil Code. Therefore, in the event of damage caused to a person or property by a defect in the Product, the liability of the producer or manufacturer of the Product may be sought by the Customer.
- Responsibility
Atelier Despré is only bound by an obligation of means in the distance selling process. It shall not be liable for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruptions or other unintended problems.
- Intellectual property
Tous les éléments du site Atelier Despré (www.atelierdespre.com) sont et restent la propriété intellectuelle et exclusive de la micro-entreprise de Mme Salvi.
These GTC do not imply any transfer of intellectual property rights to all or part of the elements belonging to Atelier Despré. Any reproduction and/or representation, in whole or in part, of any of these elements without the express permission of Atelier Despré is prohibited and shall constitute an infringement. The Customer and any other person - natural or legal - shall refrain from any action that may directly or indirectly infringe the intellectual property rights of Atelier Despré.
Acceptance of these General Terms and Conditions of Sale shall constitute recognition of and commitment by the Customer to respect the intellectual property rights of Atelier Despré.
- Non-waiver
If the Customer fails to comply with these GTC/UT and no action is taken against him, Atelier Despré shall always retain the right to use its rights and to act in any other situation of non-compliance with these GTC/UT towards the Customer.
- Privacy and personal data
Registration on the Site entails the processing of the Customer's personal data. This personal data is necessary for the processing of the Customer's Order and for the preparation of invoices, where applicable, as well as for the improvement of the Site's functions.
Data protection
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Atelier Despré undertakes a duty of confidentiality with respect to the information provided by the Customer to third parties other than those necessary for the execution of the order. The Company shall ensure an appropriate level of security commensurate with the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
Any information concerning him is subject to the provisions of law n° 78-17 of 6 January 1978. In this respect, the Customer has the right to question, access, rectify, modify and oppose all of his personal data. He may make a request at any time by proving his identity by e-mail to hello@atelierdespre.com or by post to 6 rue d'Armaillé 75017 Paris.
Cookies
In order to ensure optimal browsing of the Site and better operation of the various interfaces and applications, Atelier Despré may use cookies. These cookies allow Atelier Despré to store information relating to navigation on the Site and any data entered by users.
Users of the website (whether or not they place an order) authorise Atelier Despré to store this type of file on their hard drive. The User may block, change the duration of storage, or delete the cookie via the browser interface. If the systematic deactivation of cookies on the User's browser prevents the User from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member who shall not be entitled to claim any compensation as a result.