Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE (GCV)
ARTICLE 1 : OBJECT
The present General Terms and Conditions of Sale and Use of the Buyer govern all use of the services accessible from the website www.atelierikiwa.com (hereafter "the Site"), published 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 shall have the meaning given to them below:
Buyer : natural person acquiring Products through the Site
Order: purchase order of the Buyer concerning one or more Products and accepted by the Seller in application of the Conditions.
Product : goods offered for sale on the Site by Atelier Ikiwa
: website accessible at 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 photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Purchaser acknowledges.
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 delivery of the Product to the Buyer.
The Products purchased on the Site can be delivered in France and some destinations abroad as indicated in the shipment policy.
The Products are shipped to the delivery address indicated during the ordering process. For security 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 Buyer is responsible for the consequences of false or inaccurate information provided or of information that is unlawful.
3.2. Once the order has been placed, Atelier Ikiwa will send the Buyer 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 delivery method and the place of delivery.
The amount of the delivery costs is calculated according to the destination and the chosen delivery method.
The prices are firm, without discount or rebate. Concerning sales made outside the European Union, customs clearance and payment of various duties or taxes are the exclusive responsibility of the Buyer.
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 Buyer is the one in force at the time of the order.
The shipping costs will be indicated in the Buyer'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 Buyer on a previous order.
4.3. The Products are offered for sale within the limits of available stocks. Atelier Ikiwa informs the Buyer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, in spite of Atelier Ikiwa's vigilance, the Products are unavailable, Atelier Ikiwa will inform the Buyer by e-mail as soon as possible.
The permanent or temporary unavailability would not know how to engage the responsibility of the company Corteggiani Laurence and Atelier Ikiwa, not more than it would know how to open an unspecified right to compensation or damages in favour of the Buyer.
In case of temporary unavailability of a product, Atelier Ikiwa will inform the Buyer of the new deadlines. In case of permanent unavailability, the order of the Buyer will be automatically cancelled and will be refunded at the latest within thirty (30) days of the payment of the sums he has paid.
4.4. The Buyer expressly declares that he/she has all the necessary authorizations to use the payment method when validating his/her order. The Buyer undertakes to ensure his solvency before placing an order, otherwise Atelier Ikiwa will not be able to deliver 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 do its best to ensure that the order is shipped within an average of five working days from the day following the receipt of payment. The day after a collection is put online, or in case the Atelier Ikiwa team travels abroad, this delay can be extended. A banner at the top of all the pages of the site will inform the Buyer of the duration of the extension of the delivery periods, the Buyer will thus take note of it for agreement at the time of placing his order.
The products are sent with the delivery order, to the delivery address indicated by the Buyer at the time of his order.
In case of delay of delivery, the order is not cancelled. Atelier Ikiwa informs the Buyer by e-mail that the delivery will be delayed. The Buyer can then decide to cancel the order.
In order for these deadlines to be respected, the Buyer must ensure that he has provided accurate 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 the proof is brought that the non-execution or the bad execution of the contract is ascribable either to the Buyer, 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 Buyer, Atelier Ikiwa will not be responsible for a delay or an impossibility of delivery due to the repeated unavailability of the Buyer.
In case of damaged packages (already opened, missing products...), the Buyer commits himself to notify Atelier Ikiwa, by any 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 bank card via the secure Stripe portal (https://stripe.com/fr). The accepted bank cards are those of the Carte Bleue, Visa, Eurocard / Mastercard networks.
The transaction is immediately debited from the Buyer's credit card after verification of the data, upon receipt of the debit authorization from the issuer of the credit card used by the Buyer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his credit card information, the Buyer authorizes the Seller to debit his credit card for the amount corresponding to the all-inclusive price.
To this end, the Buyer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is indeed his/her own. The Buyer 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 Buyer 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 return request is validated by Atelier Ikiwa, Atelier Ikiwa will then send him an explanatory e-mail about 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 any proof of return. The return costs are at the expense of the Buyer.
In the event of an error attributable to Atelier Ikiwa (error of preparation of order), Atelier Ikiwa takes charge of the expenses of return of the article. The Buyer will have to transmit the invoice of the carrier to Atelier Ikiwa to obtain the compensation.
If the article is not returned by the Buyer within one week after reception of the return authorization e-mail, the return is considered as cancelled and the Buyer must keep the product.
The returned Product will be refunded within a maximum of fifteen (15) days after Atelier Ikiwa has received it. The refund does not include the return shipping costs. The amount to be refunded will be credited to the Buyer's bank account via the payment method used at the time of the order.
If the Buyer 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
The risks of transport are supported by the Buyer, who will have to formulate a justified protest with the postal services within three working days as from the delivery.
This being, in spite of all the care brought by Atelier Ikiwa in the preparation of the parcels, it can happen that an object is missing. Also, after transport of the parcel, one of the objects can prove to be damaged. This is why, with the reception of his order, the purchaser will take care to check the conformity of the received objects.
Any anomaly concerning the delivery (missing object, erroneous combination model/color, damaged parcel) will have to be notified, the same day of the reception or at the latest the first working day following the reception by e-mail addressed to firstname.lastname@example.org. Any complaint formulated after this time and Atelier Ikiwa will be released from any responsibility.
Atelier Ikiwa reserves the possibility of asking the Buyer to return the defective product to him.
The return costs will be charged to the Buyer unless the return is due to an error on the part of Atelier Ikiwa.
If the above mentioned conditions are fulfilled, Atelier Ikiwa will then proceed either to the exchange or to the refunding of the defective product(s), or to the reshipping of the missing product (subject to the validity of the request of 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 for 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 shall inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment 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 entail the nullity of the other stipulations.
The present general 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 Buyer.
The present general terms and conditions of sale are permanently accessible at the following address: https://atelierikiwa.com/pages/cgv in a computerized format allowing their printing and/or downloading, so that the Buyer can proceed to their reproduction or their safeguarding.
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 Consumer Code. In case of translation and contradiction with another language, only the French version will be authentic.
In the event of a dispute, the Buyer 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. If the Buyer fails to contact Atelier Ikiwa's customer service or if there is no answer within two months, the Buyer can submit the dispute relating to these 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 the event of a dispute concerning the validity, interpretation, execution and/or termination of the General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
10.4 : Reproduction of applicable texts (order 2005-136 of February 17, 2005, Consumer Code, Civil Code)
Article 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, if 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 Buyer 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 attention of the Seller and accepted by him.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
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 this use that the Buyer would not have acquired it, or would have given only a lower price, 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 buyer within two years from the discovery of the defect.