Terms
of sale

Article 1 - Definitions and scope

“Terms of Sale” means these terms and conditions of sale;

“Atelier de l'harmonie” means the seller, the microenterprise Atelier de l'harmonie, Mathilde Valle, located at 26, rue de l'harmonie, 76540 Saint-Pierre-en-Port, registered with the RNE under number 94 78 88 327 000 14.

“Customer” means a consumer or non-professional purchaser using the Website;

“Products” means the products listed in Article 2 of these Terms of Sale;

“Website” means the website published by Atelier de l'harmonie, available at https://www.atelier-harmonie.com

These Terms of Sale apply without restriction or reservation to all sales made by Atelier de l'harmonie to Customers wishing to purchase Products offered for sale by Atelier de l'harmonie on www.atelier-harmonie.com.

In particular, they set out the conditions governing orders, payment, delivery and the handling of any returns of Products ordered by Customers.

These Terms of Sale may be supplemented by special conditions stated on the Website before any transaction with the Customer.

These Terms of Sale apply to the exclusion of all other conditions, including those applicable to sales in-store or through other distribution and marketing channels.

They are available on the Website at any time and shall take precedence, where applicable, over any other version or conflicting document.

As these Terms of Sale may subsequently be amended, the version applicable to the Customer’s purchase is the version in force on the Website on the date the order is placed.

Article 2 - Products offered for sale

The Products offered for sale on the Website are:

- Furniture

- Cushions

- Lighting

The main characteristics of the Products, including their specifications, illustrations and dimensions or capacity, are presented on the Website. The Customer must review these before placing an order. The choice and purchase of a Product are the Customer’s sole responsibility. Photographs and graphics displayed on the Website are non-contractual and cannot give rise to liability on the part of Atelier de l'harmonie.

The Customer must refer to each Product listing for its description, essential features and delivery times and, where goods are supplied continuously or periodically, the minimum duration of the proposed contract.

Contractual information is provided in French and is confirmed no later than when the Customer validates the order.

Article 3 - Validity of Product offers

Product offers are subject to available stock, as specified when the order is placed.

Article 4 - Atelier de l'harmonie contact details

Atelier de l'harmonie’s contact details are: the microenterprise Atelier de l'harmonie, Mathilde Valle, located at 26, rue de l'harmonie, 76540 Saint-Pierre-en-Port, registered with the RNE under number 94 78 88 327 000 14, and contactable by email: mathildevalle.atelier@gmail.com

Under the French Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation), which entered into force on 25 May 2018, the Customer has the right at any time to access, rectify, object to, erase and obtain portability of all their Personal Data by writing, with proof of identity, to Atelier de l'harmonie at the address above.

Validation of the order by the Customer constitutes acceptance of these Terms of Sale without restriction or reservation.

The Customer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the Website.

Article 5 - Orders

5.1 Placing an order

The Customer is responsible for selecting the Products they wish to order on the Website, as follows:

Before placing an order, the Customer must log in to the Website and create an account.

While browsing the Website, a Customer wishing to place an order can do so simply by clicking the button that adds the Product to the shopping basket.

Once this is done, the Customer can see the number of Products in their basket. Atelier de l'harmonie may apply an expiry period to the contents of the basket.

The Customer may continue browsing or click the shopping basket to display its contents, including all order details: the essential characteristics of the Products, their prices, the total order amount, billing and delivery details, delivery times, costs and any restrictions, and the Customer’s statutory rights and warranties.

The Customer may review, add to, amend or cancel the order until it is finally validated. If the Customer wishes to select other Products, they may continue browsing the Website knowing that the Products already selected remain in the shopping basket.

Once the Product selection is complete, the Customer may order them by validating the order using the button provided.

The Customer undertakes to complete the form provided in good faith. They acknowledge that the information they provide to Atelier de l'harmonie, stored in the information systems of Atelier de l'harmonie and/or its subcontractors, is accurate and constitutes proof of their identity.

The Customer can check the details and total price of their order and correct any errors before confirming acceptance. They are responsible for checking the accuracy of the order and immediately reporting or correcting any error.

An order is registered on the Website when the Customer accepts these Terms of Sale by ticking the box provided and validates the order. This validation constitutes acceptance of all these Terms of Sale and the Website’s Terms of Use.

The sale becomes final only after Atelier de l'harmonie emails the Customer confirmation that the order has been accepted. This must be sent without delay and after payment of the full price has been received.

Any order placed and validated by the Customer and confirmed by Atelier de l'harmonie on the Website, under the conditions and procedures described above, forms a distance contract between the Customer and Atelier de l'harmonie.

Unless proven otherwise, the data recorded in Atelier de l'harmonie’s computer system constitutes evidence of all transactions with the Customer.

Atelier de l'harmonie reserves the right to cancel or refuse an order from a Customer with whom there is a dispute concerning payment for a previous order.

The Customer can track the progress of their order on the Website.

5.2 Amending an order

Once confirmed and accepted by Atelier de l'harmonie under the conditions described above, the order cannot be amended.

Article 6 - Prices

Products are supplied at the prices shown on the Website when Atelier de l'harmonie registers the order. Prices are stated in euros, excluding tax.

Prices take account of any discounts granted by Atelier de l'harmonie on the Website.

These prices are fixed and cannot be revised during their validity period as stated on the Website. Outside this period, Atelier de l'harmonie reserves the right to change prices at any time. Prices do not include handling, dispatch, transport or delivery charges, which are charged separately under the conditions stated on the Website and calculated before the order is placed.

Si le Client demande un mode d'expédition plus rapide ou plus coûteux que l'expédition standard, les frais supplémentaires de livraison, tels qu'ils apparaissent  au moment de la validation de la commande par le Client, sont intégralement à sa charge.

The amount payable by the Customer is the total purchase amount, including these charges.

Article 7 - Payment terms

The price is payable in full on the day the Customer places the order, by secure payment, using the following methods:

- Bank cards: Carte Bancaire, Visa, Mastercard, American Express and other bank cards;

Card payment is irrevocable, except in the event of fraudulent use of the card. In that case, the Customer may request cancellation of the payment and repayment of the corresponding sums.

When choosing card payment, the Customer is automatically redirected to the payment provider’s payment server. The provider’s server is secured using SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible. The Customer’s bank details never pass through Atelier de l'harmonie’s computer system, and Atelier de l'harmonie therefore bears no liability in this respect.

Article 8 - Delivery

Products ordered by the Customer will be delivered in mainland France within the dispatch period stated on the Product listing, plus processing and transit time, to the address supplied by the Customer when ordering on the Website. Delivery consists of transferring physical possession or control of the Product to the Customer.

Except in special cases or where one or more Products are unavailable, ordered Products will be delivered together in a single delivery.

Atelier de l'harmonie undertakes to do its best to deliver the Products ordered by the Customer within the periods stated above. However, these periods are indicative. If ordered Products are not delivered by the indicative delivery date for a reason other than force majeure or the Customer’s actions, the sale may be terminated at the Customer’s written request under Articles L.216-2, L.-216.3 and L.241-4 of the French Consumer Code. Sums paid by the Customer will then be refunded within fourteen days of the date the contract is terminated, without compensation or deduction.

If a delivered Product does not conform, Atelier de l'harmonie undertakes to remedy the issue or refund the Customer as stated in Article 11, “Atelier de l'harmonie liability - Warranty”.

Atelier de l'harmonie bears the transport risks and must refund the Customer for damage caused during transport.

Any special packaging or transport requirements requested by the Customer and duly accepted in writing by Atelier de l'harmonie will be invoiced separately, based on a quotation previously accepted in writing by the Customer.

The Customer must check the condition of delivered Products. They have five (5) days from delivery to submit a written complaint by email, including all supporting evidence (particularly photographs). After this period, or if these formalities are not followed, the Products will be deemed conforming and free from apparent defects, and no complaint may validly be accepted by Atelier de l'harmonie.

Atelier de l'harmonie will, as soon as possible and at its own expense, refund or replace delivered Products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under Articles L.217-4 et seq. of the French Consumer Code and these Terms of Sale.

Article 9 - Transfer of ownership - Transfer of risk

Ownership of Products passes from Atelier de l'harmonie to the Customer only after the Customer has paid the full price, regardless of the delivery date.

Quelle que soit la date du transfert de propriété des Produits, le transfert des  risques de perte et de détérioration s'y rapportant, ne sera réalisé qu'au moment ou le Client prendra physiquement possession des Produits. Les Produits voyagent donc aux risques et périls de Atelier de l'harmonie.

Article 10 - Right of withdrawal

Under current statutory provisions, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal with Atelier de l'harmonie, without giving a reason or paying a penalty, for an exchange or refund, provided the Products are returned in their original packaging and in perfect condition within ten (10) days of notifying Atelier de l'harmonie of the decision to withdraw.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.), allowing resale as new, and accompanied by the purchase invoice.

Damaged, soiled or incomplete Products cannot be returned. The right of withdrawal may be exercised online using the withdrawal form available on the Website, in which case Atelier de l'harmonie will immediately send the Customer an acknowledgement on a durable medium, or by any other unambiguous statement expressing the intention to withdraw.

If the right of withdrawal is exercised within the period above, only the price of the purchased Product(s) and delivery costs will be refunded. Return costs remain payable by the Customer.

The refund will be made within ten (10) days of notifying Atelier de l'harmonie of the decision to withdraw.

Article 11 - Atelier de l'harmonie liability - Warranty

Products sold on the Website comply with regulations in force in France and are suitable for non-professional use.

Products supplied by Atelier de l'harmonie automatically benefit, at no additional cost and independently of the right of withdrawal, from the following statutory protections:

- The statutory guarantee of conformity for Products that are apparently faulty, damaged or do not match the order;

- The statutory warranty against hidden defects arising from a material, design or manufacturing fault affecting delivered Products and making them unfit for use, under the conditions and procedures set out in the box below and defined in the appendix to these Terms of Sale (Guarantee of Conformity / Warranty against Hidden Defects).

Under the statutory guarantee of conformity, the Customer:

- Has two (2) years from delivery of the goods to bring a claim against the seller;

- May choose between repair and replacement of the ordered Product, subject to the cost conditions in Article L-217-9 of the French Consumer Code;

- Is not required to prove that the Product’s non-conformity existed during the twenty-four (24) months following delivery.

The statutory guarantee of conformity applies independently of any commercial warranty that may cover the Product.

The Customer may invoke the warranty against hidden defects under Article 1641 of the French Civil Code. In that case, they may choose between cancellation of the sale and a reduction in the sale price under Article 1644 of the French Civil Code.

To exercise these rights, the Customer must inform Atelier de l'harmonie in writing of the Products’ non-conformity within a maximum of ten (10) days from delivery, or of the discovery of hidden defects within the periods stated above, and return the faulty Products in the condition received with all items (accessories, packaging, instructions, etc.).

Atelier de l'harmonie will refund, replace or arrange repair of Products or parts under warranty deemed non-conforming or faulty.

Dispatch costs will be refunded at the invoiced rate and return costs will be refunded on presentation of supporting evidence.

Refunds for Products deemed non-conforming or faulty will be made as soon as possible and no later than thirty (30) days after Atelier de l'harmonie establishes the non-conformity or hidden defect.

The refund will be credited to the Customer’s bank account.

Atelier de l'harmonie cannot be held liable in the following cases:

- Failure to comply with the legislation of the country where Products are delivered, which the Customer is responsible for checking;

- Misuse, professional use, negligence or lack of maintenance by the Customer, normal wear and tear, accident or force majeure.

In all cases, Atelier de l'harmonie’s warranty is limited to replacement or refund of non-conforming or defective Products.

Article 12 - Personal data protection

Under Law 78-17 of 6 January 1978, amended by Law No. 2018-493 of 20 June 2018, the personal information requested from the Customer is required, in particular, to process the order and issue invoices.

This data may be shared with Atelier de l'harmonie’s partners responsible for fulfilling, processing, managing and taking payment for orders.

Information submitted through the Website is processed in accordance with legal requirements for personal data protection, and the information system used provides optimal protection for this data.

Under current national and European regulations, the Customer has a permanent right to access, amend, rectify, object to, obtain portability of and restrict the processing of information concerning them.

This right may be exercised under the conditions and procedures set out on the Website.

Article 13 - Intellectual property

The Website’s content belongs to Atelier de l'harmonie and its partners and is protected by French and international intellectual property laws.

Any full or partial reproduction of this content is strictly prohibited and may constitute infringement.

Article 14 - Unforeseen circumstances

En cas de  changement de circonstances imprévisibles lors de la conclusion du contrat, conformément aux dispositions de l'article 1195 du Code Civil, la Partie qui n'a pas accepté d'assumer un risque d'exécution excessivement onéreuse peut demander une renégociation du contrat à son cocontractant.

Article 15 - Force majeure

The parties cannot be held liable if failure or delay in performing an obligation described herein results from force majeure within the meaning of Article 1218 of the French Civil Code.

Article 16 - Applicable law - Language

These Terms of Sale and the transactions arising from them are governed by French law.

They are written in French. If translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 17 - Disputes

Any disputes arising from purchases and sales concluded under these Terms of Sale, concerning their validity, interpretation, performance, termination, consequences or effects, that cannot be resolved between Atelier de l'harmonie and the Customer shall be submitted to the competent courts under ordinary law.

The Customer is informed that they may in all cases use conventional mediation, notably through the Consumer Mediation Commission (Article L.612-1 of the French Consumer Code), or any alternative dispute resolution method.

Article 18 - Pre-contractual information - Customer acceptance

By ordering on Atelier de l'harmonie’s website, an individual (or legal entity) fully accepts these Terms of Sale and undertakes to pay for the Products ordered. The Customer expressly acknowledges this and waives, in particular, reliance on any conflicting document that would not be enforceable against Atelier de l'harmonie.

Appendix

Withdrawal form

This form should be completed and returned only if the Customer wishes to withdraw from an order placed on the Website, subject to any exclusions or limitations of the right of withdrawal under the applicable Terms of Sale.

For the attention of Atelier de l'harmonie:

26, rue de l'harmonie

76540 Saint Pierre en port

I hereby give notice of my withdrawal from the contract concerning the order for the services below:

- Order placed on “order date”

- Order number: xxxxxxx

- Customer name: xxxxxxxx

- Customer address: xxxxxxxx

- Customer signature: xxxxxxxx