General Conditions of Sale

PREAMBLE

The Seller is a publisher of textile products and services intended for consumers, marketed via its website: https://atelierplaine.fr

The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.

ARTICLE 1. LEGAL INFORMATION AND GENERAL PROVISIONS

These General Conditions of Sale (GCS) govern the commercial activity of Atelier Plaine (the Seller), domiciled at 2 allée du clos du bois, CHATEAUBRIANT, FRANCE, https://atelierplaine.fr

They determine the rights and obligations of the parties in the context of the online sale of Products and/or Services offered by the Seller. Online sales are carried out exclusively through the Company's website (Atelier Plaine).

The General Terms and Conditions of Sale form an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who has accepted them before placing an order.

Access to and use of the site are subject to acceptance of and compliance with these T&Cs.

The Seller reserves the right to modify, at any time and without notice, the site and services as well as these General Terms and Conditions, in particular to adapt to developments in the site by making new functionalities available or by removing or modifying existing functionalities.

The applicable T&Cs are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order.

These T&Cs can be viewed on the Company's website at the following address: https://atelierplaine.fr .

The Company also ensures that acceptance of these General Terms and Conditions is clear and unreserved, by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions, and where applicable the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares to be able to legally contract, under French law, or to validly represent the natural or legal person for whom he/she is committing.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

The Buyer acknowledges having read the General Terms and Conditions set out in this document before placing an order.

ARTICLE 2. DATA PROTECTION AND FREEDOM

In accordance with the Data Protection Act of 6 January 1978, the Buyer has the right to access, rectify, modify and delete data concerning him/her.

The Buyer may exercise this right by contacting the Publisher (Atelier Plaine) at the following email address: contact@atelierplaine.fr .

ARTICLE 3. ORDERS

Orders can be placed by Buyers via the Website. Once the Buyer has placed an order, they will receive a confirmation email at the address provided at the time of purchase. If for any reason the Seller is unable to process the order, the Buyer will be informed directly via the email address provided at the time of purchase.

ARTICLE 4. PRICE

The prices of products sold through the website are indicated in Euros including tax and precisely determined on the Product description pages.

Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the Buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the relevant local authorities.

The Company reserves the right to modify its prices at any time for the future.

ARTICLE 5. CONCLUSION OF THE ONLINE CONTRACT

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order: - Information on the essential characteristics of the Product; - Choice of the Product, if applicable, its options; - Indication of the Customer's essential contact details (identification, e-mail, address, etc.); - Acceptance of these General Terms and Conditions; - Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before confirming, the Buyer has the possibility to check the details of their order, its price, and to correct any errors, or to cancel their order. Confirmation of the order will result in the formation of this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.

During the ordering process, the customer will have the opportunity to identify any errors made in data entry and correct them. The language offered for the conclusion of the contract is French.

For delivered products, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 6. PRODUCTS AND SERVICES

The essential characteristics of the goods and services and their respective prices are made available to the Buyer on the Company's website, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in effect indicated on the day of the order, this does not include shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available stocks of Products only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

ARTICLE 7. CONFORMITY

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions of Sale comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the Seller delivers goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller will refund the defective product(s) or product(s) that do not correspond to the order. The refund request must be made as follows: - send an email to contact@atelierplaine.fr ; - return the product(s) to the address indicated and in accordance with the return terms and conditions (see ARTICLE 11); - the refund will be made within a maximum of 14 days using the same payment method as that used when ordering once the items have been received and checked.

ARTICLE 8. RETENTION OF TITLE CLAUSE

The products remain the property of the Company until full payment of the price.

ARTICLE 9. DELIVERY TERMS

Delivery is made in accordance with the order placed by the Buyer. The products are delivered to the delivery address or collection point indicated when ordering and according to the carrier's delivery times. These times do not take into account the order preparation time. In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller will then refund the product and the "outbound" costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code.

The Seller reminds that at the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is then the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

Two delivery methods are offered to the Buyer: at home with or without signature (La Poste) or at a relay point (Mondial Relay).

For delivery to France and Monaco:

Home delivery without signature (3 to 10 working days) costs €6.

Home delivery with signature required (3 to 10 working days) costs €9.

Home delivery to overseas territories (Guadeloupe, Réunion, Martinique, Saint-Barthélemy) (5 to 14 working days) costs €12.

For delivery to Europe (5 to 14 working days), the delivery costs are €12* ** ***.

* exception for Switzerland for which delivery costs are €16

** exception for the United Kingdom for which the delivery costs are €20

*** except for Georgia, Iceland, Norway, Serbia, Turkey and Ukraine for which the delivery costs are €22

We deliver to Germany, Austria, Belgium, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Georgia, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czechia, Turkey, Ukraine.

For delivery to the rest of the world (5 to 14 working days), the delivery costs are €22.

We ship to Argentina, Australia, Brazil, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Ecuador, Hong Kong, India, Indonesia, Israel, Japan, Lebanon, Malaysia, Morocco, Mauritius, Mexico, New Zealand, Philippines, Russia, Singapore, South Africa, South Korea, Taiwan, Thailand, United Arab Emirates, United States.

Delivery costs are free for orders over €100 for all destinations.

Any customs charges to these destinations are the sole responsibility of the Buyer.

Delivery times remain estimates and do not take into account any unforeseen events/malfunctions.

The Seller is in no way responsible for any problems that may arise during delivery.

ARTICLE 10. PAYMENT

Payment is due immediately upon ordering.

Two methods are available to the Buyer: Stripe and PayPal.

Cards issued by banks domiciled outside France must be international CB (bank cards) (Mastercard or Visa). Secure online payment by CB is carried out by our payment service provider. The information transmitted is encrypted according to the rules and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately and automatically terminated and the order canceled.

ARTICLE 11. WITHDRAWAL PERIOD AND RETURN PROCEDURES

In accordance with the provisions of Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw and return the product(s) of their choice* without giving any reason, within a maximum of 14 days from the date of receipt of their order. The right of withdrawal must be exercised by contacting the Company in the following manner: - send an email to contact@atelierplaine.fr ; - return the product(s) to the address indicated and in accordance with the return terms and conditions.

Any product returned without prior return request will not be accepted.

Return costs and any associated risks remain the sole responsibility of the Customer. The return of the product(s) must be carried out in accordance with the original condition (same packaging as upon receipt of the order: packaging (if possible), buttoning, folding, etc.); the product(s) must not have been worn. They must, if possible, be accompanied by a copy of the proof of purchase.

If the return deadline is exceeded and/or the above conditions have not been fully respected, the Seller reserves the right not to accept the return as it has fully informed the Customer of these conditions.

The refund or credit note will be issued within a maximum of 14 days after receipt and verification of the return (see ARTICLE 7).

In the case of a return of an order containing several products but not all of which are returned, the value of the returned product(s) only will be refunded. The "outbound"/initial transport service will not be refunded, as this is still in effect due to the fact that the Customer retains part of their order subject to these charges.

* excluding all digital products and/or services

ARTICLE 12. WARRANTIES

In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the Buyer or exchanges the product(s) that appear to be defective or do not correspond to the order placed. The refund request must be made as follows: - send an email to contact@atelierplaine.fr ; - return the product(s) to the address indicated and in accordance with the return terms and conditions (see ARTICLE 11); - the refund will be made within a maximum of 14 days on the same means of payment as that used when ordering once the items have been received and checked.

The Seller reminds that the consumer: - has a maximum period of 14 days from delivery of the goods to take action with the Seller regarding a return for reimbursement or the repair of the goods subject to the conditions provided for in the aforementioned provisions; - may also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he/she may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).

The Seller informs the Buyer that any type of request concerning one or more orders made 30 days after the date of receipt of the order(s) and/or 30 days after the last exchange with the Seller will be considered invalid.

ARTICLE 13. CLAIMS AND MEDIATION

If necessary, the Buyer may submit any complaint by contacting the Company using the following contact details: contact@atelierplaine.fr .

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he or she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

If the complaint request to the Seller's customer service is unsuccessful, or if there is no response within two months, the consumer may submit the dispute to an XXX mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.

In the event of a delivery incident, the Buyer is required to notify the Seller in advance. The latter must then inform the Buyer of the claims procedure to follow. In order for the request to be processed, the Buyer must follow all steps of this procedure.

ARTICLE 14. TERMINATION OF THE CONTRACT

The order may be cancelled by the Buyer by registered letter with acknowledgement of receipt in the following cases: - delivery of a product not conforming to the characteristics of the order; - delivery exceeding the deadline set when ordering or, failing that, within thirty days of payment; - unjustified price increase or modification of the product.

In these cases, the Buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

ARTICLE 15. INTELLECTUAL PROPERTY RIGHTS

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these assets for any reason whatsoever without the Seller's authorization is strictly prohibited and may be subject to prosecution.

Any copying or reproduction of upcycled clothing creations, in whole or in part, intended for commercial use is strictly prohibited and may be subject to prosecution.

ARTICLE 16. FORCE MAJEURE

The performance of the Seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Seller shall notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 17. NULLITY AND MODIFICATION OF THE CONTRACT

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.

Any contractual modification is only valid after written agreement signed by the parties.

ARTICLE 18. LIABILITY

The Seller's liability can only be incurred in the event of gross negligence, intentional or fraudulent. In all other cases, the Seller's liability can never be sought or incurred by the Buyers.

ARTICLE 19. PROTECTION OF PERSONAL DATA

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing operation for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: XXX - the legal basis for the processing: contractual performance - the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the data subject has the right to request from the data controller access to personal data, rectification or erasure of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

ARTICLE 20. APPLICABLE LAW AND CLAUSES

All clauses appearing in these General Terms and Conditions, as well as all purchase and sale transactions referred to therein, will be subject to French law.

The invalidity of a contractual clause does not entail the invalidity of these conditions.

ARTICLE 21. CONSUMER INFORMATION

For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years (14 days in this case in the case of second-hand goods) from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the Seller can be discharged from apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code: The Seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the Seller and has the qualities that the latter presented to the Buyer in the form of a sample or model;

  • if it has the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years (14 days in this case in the case of second-hand goods) from delivery of the goods.

Article L. 217-16 of the Consumer Code: When the Buyer requests from the Seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the Buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Legal notices

Publication Director: Mr. Bouchaud

Editor: Mr. Bouchaud

Host: Shopify

Shopify Inc.

Head Office Address: 126 York St. Ottawa, ON K1N 5T5, Canada

Registration number in the trade and companies register: **************** RCS

Uses of personal data

Introduction

As part of its business, Atelier Plaine, whose head office is located at 2 allée du clos du bois, CHATEAUBRIANT, FRANCE, collects and processes information, some of which is classified as "personal data". Atelier Plaine attaches great importance to respecting privacy and uses data responsibly and confidentially, and for a specific purpose.

The information collected about you is subject to unique and exclusive processing entirely intended for Atelier Plaine / contact@atelierplaine.fr . / 2 allée du clos du bois, CHATEAUBRIANT, FRANCE.

Personal data

On the website https://atelierplaine.fr , there are 2 types of data that may be collected:

- data transmitted directly: this data is that which you transmit to us directly, via a contact form or by direct contact by e-mail.

- data collected automatically: during your visits, once you have given your consent, we may collect “web analytics” type information relating to your browsing, the duration of your visit, your IP address, your browser type and version. The technology used is the cookie.

Use of data

The data you send us directly is used to process orders/invoices and thus carry out shipments and allows us to follow up with site subscribers via the contact form.

“Web analytics” data is collected anonymously (by recording anonymous IP addresses) by Google Analytics, and allows us to measure the audience of our website, visits and any errors in order to constantly improve the user experience. This data is used solely and exclusively by Atelier Plaine, the data controller, and will never be transferred to a third party or used for purposes other than those detailed above.

Legal basis

Personal data is only collected after mandatory consent from the user. This consent is validly collected (buttons and checkboxes), free, clear and unequivocal.

Retention period

The data will be saved for a maximum period of 3 years.

Cookies

Here is the list of cookies used and their purpose:

- Google Analytics cookies: Web analytics

Your rights regarding personal data

You have the right to consult, request modification or deletion of all your personal data. You can object to the processing of data concerning you and have the right to withdraw your consent at any time by contacting: contact@atelierplaine.fr . .

Contact data protection officer: Mr. Bouchaud - contact@atelierplaine.fr .