ARTICLE 1 : PURPOSE
The present General Conditions of Sale and Buyer's Use govern all use of the services accessible from the website www.atelierikiwa.com (hereafter "the Website"), edited by Laurence Corteggiani (trade name "Atelier Ikiwa"), an individual company registered under the unique number 903 625 028, whose registered office is located at 8 Rue Las Cases, 75007 Paris. Mail: firstname.lastname@example.org
The terms used in the Conditions will have the meaning given to them hereafter:
Buyer : natural person acquiring Products through the Site
Order: purchase order of the Buyer concerning one or several Products and accepted by the Seller in application of the Conditions.
Product : good offered for sale on the Site by Atelier Ikiwa
Site/shop: Internet site accessible at the address www.atelierikiwa.com on which the company Corteggiani Laurence, under the name of Atelier Ikiwa, offers the Products for sale.
Any order made on the Site involves the acceptance without reserve by the Buyer of the present conditions. The present general conditions can be modified at any time and without notice by the company Corteggiani Laurence, the applicable conditions being those in force at the date of the order by the Buyer.
ARTICLE 2: PRODUCTS AND CONFORMITY
2.1. The Buyer has for each Product a description including the essential characteristics of the Product concerned.
2.2. The elements such as in particular photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Purchaser recognizes.
ARTICLE 3: OBLIGATIONS OF THE BUYER
3.1. The Buyer commits himself to communicate to Atelier Ikiwa the real elements of information necessary to the transaction object of the present conditions as requested online and according to his situation, in particular his name, first name, address, telephone and valid e-mail. Delivery means the physical handing-over of the Product to the Buyer.
Products purchased on the Site can be delivered in France and abroad.
Products are shipped to the delivery address indicated during the ordering process. For security and other reasons, Atelier Ikiwa will not process any order for which a poste restante, a hotel, a post office box or a Cedex address is provided.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or which would be illicit.
3.2. Once the order is placed, Atelier Ikiwa will send the Customer an e-mail confirming the order.
ARTICLE 4 : PRICE, AVAILABILITY AND DELIVERY
4.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs.
When entering the order on the Site, the Buyer must choose the method of Delivery and the place of Delivery.
The amount of the Delivery costs is calculated according to the destination as well as the chosen method of Delivery.
The prices are firm, without discount or rebate. For sales outside of the European Union, customs clearance and payment of various duties and taxes are the sole responsibility of the Customer.
These prices can be modified at any time by Atelier Ikiwa. The displayed prices are only valid on the day of the order and are not effective for the future. The price applicable to the Customer is the one in force at the time of the order.
The shipping costs will be indicated in the Customer's basket, before the final validation of the order.
4.2. Atelier Ikiwa reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. The Products are offered for sale within the limits of available stocks. Atelier Ikiwa informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, in spite of the vigilance of Atelier Ikiwa, the Products are unavailable, Atelier Ikiwa will inform the Customer by e-mail as soon as possible.
The permanent or temporary unavailability cannot engage the responsibility of the company Corteggiani Laurence and of Atelier Ikiwa, nor can it open any right to compensation or damages in favor of the Customer.
In case of temporary unavailability of a Product, Atelier Ikiwa will inform the Customer of the new delays. In case of permanent unavailability, the order of the Customer will be automatically cancelled and will be refunded within thirty (30) days of the payment of the sums paid by the Customer.
4.4. The Buyer expressly declares to have all the necessary authorizations for the use of the method of payment at the time of the validation of his order. He also commits himself to make sure of his solvency before any order, otherwise Atelier Ikiwa will not be able to proceed with the delivery of the ordered Products. In case of insolvency, Atelier Ikiwa reserves the right to suspend or cancel any order or delivery in case of non-payment or cancellation of the payment.
4.5. Unless otherwise stated on the website, Atelier Ikiwa will make its best efforts to have the order shipped within an average of five working days from the day following the day of receipt of payment. The day after a collection is put online, this period can be extended up to 10 days.
The products are shipped with the delivery note, to the delivery address indicated by the Buyer when ordering.
In case of delay in delivery, the order is not cancelled. Atelier Ikiwa informs the Customer by e-mail that the delivery will be delayed. The Customer can then decide to cancel the order.
In order to meet these deadlines, the Customer must make sure that he has given correct and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, floor, etc.).
Atelier Ikiwa cannot be held responsible for the consequences due to a delay in delivery if it is proven that the non-execution or the bad execution of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
In case of delivery requiring an appointment with the Customer, Atelier Ikiwa will not be responsible for a delay or an impossibility of delivery due to the repeated unavailability of the Customer.
In case of damaged parcel (already opened, missing products...), the Customer commits himself to notify Atelier Ikiwa, by all means, all reserves within 24 hours following the reception of the product.
ARTICLE 5 : PAYMENT
The payment is secured. The payment will necessarily be made by credit card via the secure portal Stripe (https://stripe.com/fr). The accepted bank cards are those of the Carte Bleue, Visa, Eurocard / Mastercard networks.
The transaction is immediately debited on the Buyer's bank card after verification of its data, upon receipt of the debit authorization from the issuing company of the bank card used by the Buyer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating his bank card information, the Buyer authorizes the Seller to debit his bank card for the amount corresponding to the all-inclusive price.
To this end, the Buyer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The customer communicates the sixteen digits and the expiry date of his credit card as well as, if necessary, the numbers of the visual cryptogram.
In the case where the debit of the all-inclusive price would be impossible, the online sale would be immediately resolved by right and the order would be cancelled.
ARTICLE 6: EXCHANGES AND RETURNS OF PRODUCT(S) - RIGHT OF WITHDRAWAL
The Buyer has a period of fourteen (14) clear days from the receipt of an item purchased on the Site to exercise the right of return (the shipping costs for this return will be charged to the buyer).
In order to exercise the right of withdrawal, the Customer shall notify Atelier Ikiwa of his decision to withdraw from this contract by means of an e-mail sent to the following address: email@example.com.
If the request for return is validated by Atelier Ikiwa, Atelier Ikiwa will then send him an e-mail explaining the return procedure.
The Product must be returned within one week in its original packaging, in its original state and accompanied by the invoice (or a copy) to the address indicated in the explanatory e-mail of the return procedure.
The return will be made according to the initial mode of sending. It will be up to the Buyer to keep all proof of return. The costs of return are at the expense of the Customer, who is free to choose the mode of forwarding.
In the event of error imputable to Atelier Ikiwa (error of preparation of order), Atelier Ikiwa takes charge of the expenses of return of the article. The Customer will have to transmit the invoice of the carrier to Atelier Ikiwa to obtain the compensation.
If the article is not returned by the Customer within one week after reception of the return authorization email, the return is considered as cancelled and the Customer must keep the product.
The returned Product will be refunded within a maximum of fifteen (15) days after its reception by Atelier Ikiwa. The refund does not include the return shipping costs. The amount to be refunded will be credited to the Customer's bank account via the means of payment used at the time of the order.
If the Customer does not respect the present conditions, in particular the conditions of return, Atelier Ikiwa will not be able to proceed to the refund of the Products concerned.
ARTICLE 7: TRANSFER OF RISKS
All risk of loss or damage to the products is transferred to the Customer at the moment when the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the goods.
Consequently, it is the Customer's responsibility to open the package upon receipt in order to check its condition.
In case of damage to the goods during transport, the Customer must imperatively make his observations on the delivery note of the carrier.
At the same time, the Customer must inform Atelier Ikiwa (firstname.lastname@example.org) by email, as soon as possible.
Atelier Ikiwa will then replace, at its expense and as soon as possible, the product damaged during transport, if the same product is still available in stock. If the product is no longer available in stock (unique piece for example) Atelier Ikiwa will proceed to the reimbursement of the product as well as the transport costs incurred by the buyer.
ARTICLE 8 : GUARANTEES AND LIABILITY
Atelier Ikiwa cannot be held responsible for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.
ARTICLE 9 : FORCE MAJEURE
In the event of the occurrence of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
Expressly, are considered as force majeure or fortuitous event, the cases usually retained by the jurisprudence of the French courts. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
ARTICLE 10: GENERAL PROVISIONS
10.1. Partial invalidity of a clause
If any of the stipulations of the present conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not lead to the nullity of the other stipulations.
The present general terms and conditions can be modified at any time and without notice by Atelier Ikiwa, the applicable conditions being those in force at the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address: https://atelierikiwa.com/pages/cgv in a computerized format that allows them to be printed and/or downloaded, so that the Customer can proceed with their reproduction or their saving.
10.3. Applicable law - Mediation - Competent court
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form, and in particular to the Code of Consumption. In case of translation and contradiction with another language, only the French version will be valid.
In the event of a dispute, the Customer must first contact Atelier Ikiwa's customer service department by e-mail or by post at the address indicated in article 1 of these terms and conditions. In case of failure of the complaint request to Atelier Ikiwa's customer service or in the absence of an answer within two months, the Customer can submit the dispute relating to the present General Terms and Conditions to a mediator who will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution.
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, Atelier Ikiwa has set up a consumer mediation system. The mediation entity retained is: CNPM - MEDIATION - CONSUMER AFFAIRS. In the event of a dispute, you can file your complaint on its website: http: //cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND
The Parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In case of failure in the appointment of the mediator or in the mediation itself, the most diligent party may refer the matter to the competent Court in accordance with the terms below.
In case of dispute on the validity, interpretation, execution and/or termination of the General Conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, except for imperative rules of procedure to the contrary.
10.4 : Reproduction of the applicable texts (order 2005-136 of February 17, 2005, Code of consumption, Civil code)
Art. L. 211-4. of the Consumer Code
The Seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the latter has presented to the Buyer in the form of a sample or model;
- present the qualities that a Customer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Buyer, brought to the Seller's attention and accepted by the latter
Art. L. 211-12. of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. 1641 of the Civil Code
The Seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish that purpose that the Buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
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