General terms and conditions of sale
The products presented on the website «www.atelier-materi.com» (hereinafter, the “Website”), are sold directly by ATELIER MATERI, a simplified joint stock company with a capital of 30,001 euros, registered with the Bordeaux RCS under the number 847 898 236 and located at 73 Cours Pasteur, 33000 Bordeaux, France (hereinafter, ” ATELIER MATERI “).
Purchases of products offered by the Website are subject to the current conditions of sale (hereinafter, the “GTC”). By validating your order form, you confirm that you have read and accept these GTC without reservation or restriction.
These GTC can be modified at any time and without notice by ATELIER MATERI, and the applicable GTC shall be those in force on the date of your order.
Where necessary, these GTC shall prevail over any other version or any other contractual document.
1. Products and Prices
ATELIER MATERI offers a range of products that may change at any time at the sole discretion of ATELIER MATERI (hereinafter, the “Products”).
The main characteristics of the Products are presented on the Website.
In case of questions regarding the Products, you may contact our Customer Service at firstname.lastname@example.org.
The prices of our Products are indicated in Euros all taxes included excluding delivery costs.
In the event of an order to a country other than metropolitan France, You are the importer of the product(s) concerned. Customs duties or other local taxes may be required and will remain at your expense. They are your sole responsibility both in terms of declaration and payment to the competent authorities and bodies in your country.
The payment requested corresponds to the total amount of your order, including the delivery charges.
The Website reserves the right to change prices at any time and without prior notice. The products are billed on the basis of the prices presented on the site at the moment of the placement of your order, on condition of the availability of the products at that moment.
2. Order process
The ordering process includes the following steps :
- Go to the Website, read the Products and their characteristics.
- Select the Products you wish to order according to the desired quantities.
- Complete the requested information by completing the form and following the instructions or connect to your account.
- Choose a delivery method.
- Choose a payment method
- Check the details of your order, its content, the quantity of Products ordered, its total amount, including the shipping costs according to the shipping method you have chosen. Correct any errors before confirming your order.
- The order confirmation implies the acceptance of all provisions of these GTC and constitutes a proof of the sales agreement.
- A confirmation of order will be sent to you by electronic mail.
For all unusual or exceptional orders, please contact us at email@example.com.
3. Availability of Products
The Product offers are valid so long as they are visible on the Website, within the limit of available stocks. ATELIER MATERI shall inform you of the availability of the Products sold on the Website at the time of confirmation of the order.
If, in spite of the vigilance of ATELIER MATERI, the Products ordered are unavailable, we will inform you by email as soon as possible, and propose that either you order another product present on the Website as a replacement, or cancel your order. If you choose to cancel your order, you shall be immediately be reimbursed if your bank account has already been debited and at the latest within 30 days of the payment of the sum transferred.
ATELIER MATERI reserves the right to refuse any order with abnormally large quantities or if ATELIER MATERI has encountered payment problems with this consumer during a previous order.
All orders are payable in euros on the Website.
All orders placed on the Website must be paid for immediately at the time of validation of the order. We accept payment by bankcards, which are a part of the normal bankcard network (Visa, Euro card, MasterCard, American Express) or PayPal. The payment details of your bank card are protected and encrypted by our service provider.
By providing your credit card information, You authorize ATELIER MATERI to debit your credit card for the amount corresponding to the price including VAT of your order.
You confirm that you are the holder of the debited credit card and that the name on the credit card is indeed yours.
If the total price including VAT of the order is not debited, ATELIER MATERI reserves the right to cancel the order without delay. It will be your responsibility to place your order again with a valid payment method.
The Products remain the property of ATELIER MATERI until the full price including VAT has been received.
The Products purchased on the Website may be delivered to a postal address all over the world, excepted United Arab Emirates and Saoudi Arabia.
Delivery costs are based on the place and method of delivery chosen by You and calculated on the totality of the order. They will be indicated to You at the end of the ordering process before confirmation of the latter by you.
After confirmation of the order and validation of payment by ATELIER MATERI, the Products will be delivered according to the means chosen from among the means proposed during the ordering process, and in accordance with the following indicative delivery times, to which is added a processing time of your order and delivery to the carrier.
For all orders of samples only (no 100ml bottle) :
For France, orders are shipped by Colissimo and may take up to 3 days.
For Europe, US and the rest of the world, orders are shipped by tracked letter and may take up to 10 days.
For all orders that include a 100ml bottle:
Orders are shipped by Colissimo with the following indicative deadlines :
For France : 2 to 3 working days
For Europe, US and the rest of the world : 3 to 10 working days
Please notice that International ground orders may take a few weeks to be delivered (ground delivery).
The estimated delivery times were provided by the transport companies and are approximate.
When the package is sent, we send you by email the corresponding tracking number. From departure to arrival, you have the possibility to track your package by indicating its tracking number on the carrier’s website.
The standard delivery is offered for any order with an amount above 100€. For any order under 100€, shipping fees depend upon weight and delivery place.
Customs duties and other taxes due in the country of arrival are at Your expense and shall not be the responsibility of ATELIER MATERI in the event of withholding the Product from customs.
6. Delivery Problems
Delays in delivery cannot result in compensation.
In the event of a delay in excess of seven (7) days, we invite You to contact ATELIER MATERI by e-mail at firstname.lastname@example.org.
Upon receipt of the package, You must check the condition of the packaging and the contents and indicate your reservations on the delivery note if the package has been opened or damaged.
In the event of a package presenting any defects (damaged or open parcel, missing or damaged product, etc.), You must advise in writing the carrier and ATELIER MATERI (email@example.com) within three (3) working days following the date of delivery, with the corresponding supporting documents (photographs in particular).
7. Withdrawal / Return / Exchange
ATELIER MATERI is committed to providing you with high quality products. Despite this, if You are not satisfied with Your order, You have a period of fourteen (14) days from the receipt of the Products to exercise your right of withdrawal. To do so, You must send your request for return or exchange by email to firstname.lastname@example.org indicating the number and date of the order, your first and last name, delivery address, and the Products concerned. ATELIER MATERI will inform you of the procedure to follow.
You must return the Products in the same conditions as those in which You received them (Brand new condition, unused and unopened, and in their original packaging, unsealed with the protective plastic film intact), within fourteen (14) days of the agreement you have received by email from ATELIER MATERI.
ATELIER MATERI reserves the right to refuse the return, refund or exchange of any product that has not been received within this period or which is unsuitable its release on the market in new condition (Product returned incomplete, ruined or damaged, for example).
In keeping with current law the right of retraction may not be exercised for products opened by the client or those, which have been personalized at the client’s request.
It is not possible to return a “DISCOVERY SET”.
Any risk related to the return of the Product(s) is at Your expense.
The return costs are at Your expense. ATELIER MATERI will not accept postage due packages.
ATELIER MATERI will make the refund within fourteen (14) working days of reception of the returned products, in crediting your payment card.
ATELIER MATERI shall offer no reimbursement, even partial, if you have received the products as a gift.
All our Products are covered by the legal guarantee if the Product has been used under normal conditions of use.
Article L211-4 of the French Consumer Code : the seller is required to deliver a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code : To be in conformity with the contract, the goods must :
- Be fit for the use usually expected of a similar good and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ;
- have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L211-9 of the French Consumer Code : In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L211-10 of the French Consumer Code : If the repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive part of the price.
The same faculty is open to him :
- If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month following the buyer’s complaint ;
- Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L211-11 of the Consumer Code : The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the Buyer.
Article L211-12 of the Consumer Code : The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code : The seller is bound by the warranty on account of hidden defects in the thing sold which ende rit unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code : The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
9. Intellectual property
In general, the trademarks, whether figurative or not, and more generally all logos, images, symbols and illustrations appearing on the Website and/or on the Products, their packaging, whether registered or not, registered or not, (hereinafter, the “Intellectual Property Rights”) are and will remain the exclusive property of ATELIER MATERI. Any reproduction, copying, distribution, modification or use, in whole or in part, of these Intellectual Property Rights, for any reason and on any medium whatsoever, without the express prior consent of ATELIER MATERI, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of ATELIER MATERI or for which ATELIER MATERI holds the rights.
10. Limitation of Responsibly
In no case can ATELIER MATERI be held responsible for any indirect damage, special incident and notably, without this being limiting, the loss of exploitation, profit or luck resulting from the purchase of Products on the Website.
The Products offered conform to current French and European law and to the norms applicable in France and Europe. ATELIER MATERI is in no way responsible for any case of non-respect of laws of the country to which a product is delivered (for example in the case of a product being forbidden). It is your responsibility to verify with your local authorities the possible implications of importation and use of which you intend to order.
The photographs appearing on the Website are not contractual and may have been modified. ATELIER MATERI cannot be held responsible for inaccuracy of photographs or graphic representations featured on the Website. We invite you to refer to the exact description of each product to know its’ precise characteristics.
11. Force majeure
The performance by ATELIER MATERI of its obligations under this Agreement shall be suspended in the event of Force Majeure for the duration of the Force Majeure, including in the event of disruption, flooding, fire or strike, including postal services and means of transport or communication. Consequently, ATELIER MATERI will not be liable for any direct or indirect damages related to such events beyond its control.
When the suspension of the performance of ATELIER MATERI’s obligations continues for a period of more than ninety (90) days, You have the right to terminate the current order and ATELIER MATERI will then refund the order.
12. Applicable law – Disputes
These GTC and their resulting transactions are governed by and subject to French law.
These GTC are written in French. If they are translated into another language, only the French text will prevail in the event of dispute.
In the event of any dispute, attempts must be made to reach an amicable settlement.
The request for amicable settlement must be made by email to: email@example.com
In the event of dispute, the Customer is hereby advised that they are able to have recourse to the procedure of consumer mediation under the conditions set out in Title I of Book VI of the French Consumer Code.
Pursuant to Article 14 of Regulation (EU) Nr. 524/2013, the Customer is also hereby advised that the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent settlement of disputes online by way of extrajudicial action between consumers and professionals in the European Union: https://webgate.ec.europa.eu/odr/
Disputes which cannot be resolved by amicable agreement will be brought before the competent French courts.
13. Personal data
ATELIER MATERI, as the data controller, collects and processes the following personal data relating to the Customer: surname, first name, postal address, email address, telephone number, payment information, data relating to the order(s), exchanges with the customer service, navigation data.
This personal data is processed in order to manage the contractual relationship between ATELIER MATERI and the Client (creation of a user account, placing of the order, payment of the order, dispatch of the order, possible return of the order, etc.), to inform you of our new products (commercial prospecting), for security purposes, to respect legal and regulatory obligations and to improve and personalise our products and the Site.
This personal data is processed on the legal basis of the execution of the contract concluded between ATELIER MATERI and the Client, the legal obligations of ATELIER MATERI or its legitimate interest.
This personal data may be shared with some of our service suppliers hired to process the data on behalf of ATELIER MATERI for the management of your order: payment service provider (Stripe, Paypal, etc.), delivery of products, sending of emails, hosting, etc.
These service providers are only authorised to use personal data within the framework of the services they carry out on behalf of ATELIER MATERI and only for the realisation of the purposes foreseen.
The personal data will not be resold under any circumstances.
You dispose of :
– a right of access to your personal data,
– a right to rectify, as soon as possible, personal data that are inaccurate,
– the right to request that this data be completed,
– a right to erasure of personal data insofar as the processing is not necessary for – the exercise of the right to freedom of expression and information – compliance with a legal obligation – a reason of public interest – the establishment, exercise or defence of legal claims,
– a right to restrict processing in cases where: – you contest the accuracy of the data – the processing of the data is unlawful but you object to its deletion – we no longer need your data but it is still necessary for the establishment, exercise or defence of your legal rights,
– a right to object to the processing of your data,
– a right to receive your data in a structured, commonly used and machine-readable format (right to data portability),
– the right to lodge a complaint to a supervisory authority.
If you have any questions about the collection, processing or use of your personal data, simply send us a request online at firstname.lastname@example.org or by post to ATELIER MATERI, 73 Cours Pasteur, 33000 Bordeaux, France, indicating your name, first name and email address.
When you create your account, you can choose to receive our commercial information. You can withdraw your consent at any time by clicking on the unsubscribe link at the bottom of each email.