General conditions of sale
1. Preamble
1.1. Scope of application
These general terms and conditions of sale as well as the "Legal Notices" are applicable to the Atelier Cire merchant website, offering the sale of Atelier Cire brand products intended for delivery in Europe (countries of the European Union), excluding PO boxes and excluding overseas departments and territories.
Any order on the Atelier Cire online store constitutes full and complete acceptance of these General Terms and Conditions by the customer who makes a purchase there. These General Terms and Conditions can be printed and are accessible from all pages of the Site.
These T&Cs may be subject to modification at any time, the applicable T&Cs being those that the Customer accepts when placing their order.
1.2. Name
The Atelier Cire website, which notably presents the Atelier Cire online store, is published by Atelier Cire SASU, a single-member simplified joint-stock company with a share capital of 10,000 euros, whose registered office is located at 29 ter rue Albert Caron 92150 Suresnes. It is registered in the Nanterre Trade and Companies Register under number 985 178 276.
The publication director is Mrs. Dorothée Cottin, in her capacity as President of the company.
Atelier Cire is hereinafter referred to as Atelier Cire or the Seller.
1.3. Definitions
“GTC”: means these general terms and conditions of sale and their annexes.
“Site”: means the Atelier Cire Site and all of its pages.
“Product(s)”: means the Products of the Atelier Cire brand available and sold on the Atelier Cire online store.
“Customer(s)”: means the Internet user, consumer or non-professional, placing an order for Product(s) on the Site.
“Consumer(s)”: means any natural person of legal age who purchases the Products for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
“Non-professional”: means any legal entity that purchases the Products for non-professional purposes.
“Territory”: means the European Union (excluding French overseas departments and territories) and all delivery countries listed on the Site.
1.4. Customer information
Atelier Cire sells Products online to consumers and non-professionals.
Sales are made at retail for strictly personal use. The Seller reserves the right not to deliver any order that appears to be in contradiction with personal or non-professional needs, in particular with regard to the volume of products ordered, even if the order was initially validated on the Site.
Opening a customer account and using the Site are reserved for persons with the legal capacity to contract. Placing an order on the Site constitutes a declaration by the Customer that he or she is legally capable. Atelier Cire cannot be held responsible if a minor or incapacitated person purchases a product on the Site without supervision or authorization.
For any questions regarding your order, Atelier Cire provides the Customer with a customer service which can be reached via our contact form.
1.5. Product information
The products offered for sale on the Site are described and presented with the greatest possible precision (specifications, size, composition, etc.).
However, differences in appearance between the Products delivered and the photographs on the Site do not constitute non-conformity of the Product delivered.
Furthermore, depending on the equipment used by the Customer and in particular the graphic parameters of the screens used, the illustrations and photographs present on the Site may be different from the Products themselves.
Atelier Cire reserves the right to correct errors or omissions, and to change or update information at any time without notice.
1.6. Price information
The prices applied are those appearing on the Site at the time of the order.
The Customer is informed that prices are subject to change. The Customer is therefore invited to pay attention to the price in effect at the time of the order and which is brought to his attention when the product is placed in the shopping cart.
Prices will be displayed in Euro (€) including VAT, and do not take into account the delivery costs of the order (hereinafter the “Delivery Costs”). VAT is indicated. These delivery costs will be indicated to the Customer on the shopping cart validation page as well as on the order summary page, before validation and payment of the order.
2. Order
2.1. Order process
The Customer can create his customer account by completing a registration form. The Customer agrees to provide accurate information and to keep it up to date. Atelier Cire cannot be held responsible for the inaccuracy of the information communicated by the Customer, and in particular if this causes errors during delivery. The customer account gives access to a personal space allowing in particular the tracking of orders.
However, ordering is possible as a guest.
The Customer is invited to select the chosen products and put them in the shopping cart by clicking on the "add to cart" button. At any time, the Customer can delete products on the page viewing his shopping cart, by going to the "cart" icon available on all pages of the Site at the top right.
The Customer is invited to consult the summary of his order by clicking on the "basket" button. At this stage, he can check the details of his order, identify any errors made in entering data and correct them. On this page, the Customer can also estimate his shipping costs by indicating the country of delivery as well as the department or region of delivery.
To finalize his order, the Customer must confirm his delivery and billing address, or indicate a new delivery address for the Territory and/or billing address.
After validating the basket by clicking on the “continue payment” button, the Customer can then pay either as a guest or log in to their account and proceed to payment.
If the Customer has chosen to order as a guest, he must then enter his payment information. If the Customer has already created a customer account and has logged in to the Site via this account, this information may be automatically retrieved from his account only if it had been saved after the Customer's agreement.
Once payment is confirmed, the Customer receives an email confirming their order.
The Customer formally accepts the use of email for confirmation by Atelier Cire of the contents of the order.
2.2. Product availability
Product offers are subject to availability.
Information on product availability is provided at the time the order is placed, on the Product page. If it turns out that despite Atelier Cire's vigilance, the products ordered are no longer available, Atelier Cire will inform the Customer by any means (phone call or e-mail) as soon as possible.
Depending on the announced delivery times, the Customer can maintain his order or cancel it.
The amount corresponding to the unavailable Product(s) will be refunded as soon as possible via the payment method used by the Customer.
2.3. Cancellation of the order
Once the order has been validated and paid, it cannot be cancelled under any circumstances.
Atelier Cire reserves the right to refuse to honor the order in the event of a dispute with the Customer, until the dispute is resolved.
To protect its customers against any attempt at electronic fraud, Atelier Cire reserves the right to refuse to ship orders from non-traceable or free email addresses.
Atelier Cire also reserves the right to refuse to ship orders containing invalid telephone numbers.
3. Payment
Payment for the order is made at the time of ordering by credit card only. Carte Bleue, Visa and Mastercard network cards are accepted.
Atelier Cire has set up a secure payment system for any order made on the Site via the following application platforms: Shopify Payments or Paypal.
In the event of payment by card, the Customer must indicate their bank card number, its expiry date and the CVX Code.
Once the transaction is validated, the customer will be redirected to theAtelier Cire website, and will see their order confirmed.
4. Delivery and receipt of products
4.1. Delivery terms
Atelier Cire delivers the Products ordered only to countries in the European Union (excluding PO boxes, French overseas departments and territories, Cyprus and Malta).
Atelier Cire reserves the right to make the sending of the order conditional on full payment of the price by the Customer.
The recommended delivery method is Colissimo France and Colissimo Europe, however Atelier Cire reserves the right to adapt the choice of carrier according to the volume of the package, without notifying the customer.
Please note that due to the high volume of orders during the Christmas period, shipping times may be extended.
The Customer will be informed by email when the package has been taken over by the carrier. They will then be given a delivery number which will allow them to track the delivery of their order in real time.
If the Customer cannot take physical possession of the order on the scheduled delivery day, he may reschedule a new delivery. Beyond two failed deliveries, additional deliveries will be the responsibility of the customer.
4.2. Delivery costs and times
Delivery costs are not included in the price of the order and are added to it at the time of validation and payment of the order.
The delivery costs of the products will be calculated according to each country and can be viewed on our “Delivery and returns” page.
The deadlines for preparing an order, before shipping the Products in stock are mentioned on the Site. These deadlines do not include weekends or public holidays.
Delivery times may vary depending on the period.
Upon delivery of the order, the Customer must check the conformity and condition of his order in the presence of the carrier and issue, where applicable, any useful reservations concerning apparent defects (missing product, damaged package).
The Customer is invited to contact the Customer Service of the Atelier Cire online store via the contact form within fourteen (14) working days following receipt of the products. Unless there is a legitimate reason, any claim made beyond this period will be considered inadmissible.
5. Retention of title and transfer of risk
Atelier Cire reserves ownership of the products until full payment of the price.
The Customer assumes the risks of deterioration and loss of the Products, as well as liability for any damage they may cause upon delivery, and all risks of transport of the Products in the event of return.
6. Right of withdrawal
6.1. Right of withdrawal
In accordance with the provisions of Articles L221-18 to L221-28 of the Consumer Code, the Customer has the possibility, without reason, to withdraw from his order within fourteen (14) days from the day of receipt of the product(s) ordered, the date appearing on the carrier's receipt signed by the Customer being authentic.
In the event of split delivery, the delivery date of the last good will be taken into account. When this period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
As a reminder, the right of withdrawal only concerns consumers and non-professionals.
6.2. Exercising the right of withdrawal
The Customer must express his unequivocal wish to withdraw.
Under Article L.121-20-2 4° of the Consumer Code, the right of withdrawal cannot be exercised for products returned damaged, either the product or its packaging.
In case of exercising the right of withdrawal, the Product must be returned – complete, packaging and product – with clearly notified on a plain paper your order number, name and telephone number, within fourteen (14) clear days from receipt of your order. Items returned incomplete, damaged or damaged will not be accepted.
In the interests of good management and to ensure that your request is taken into account and followed up, we invite you to first contact Atelier Cire customer service via the contact form or email at info@atelier-cire.com.
After obtaining a return number from customer service , you must return your product to the following address:
Wax Workshop
(RMA + your order number)
29 ter rue Albert Caron
92150 Suresnes
France
The return shipping costs remain your responsibility. Only the price of the product(s) purchased will be refunded (the delivery costs remain your responsibility).
No cash on delivery shipments will be accepted for any reason.
6.3. Return terms
Each Product and its packaging must be returned new, well protected, with its original packaging. Atelier Cire will not make any refund if the Products returned by the Customer do not correspond to the product(s) ordered or have an origin other than the Site.
6.4. Refund of the order
The refund will be made by credit to the means of payment initially used for your order within a maximum period of thirty (30) days following the date on which you exercised your right of withdrawal.
In the event of a partial return of the products, the delivery costs will not be reimbursed by Atelier Cire to the extent that the Customer will have benefited from the delivery service for the products kept.
7. Limitation of liability
Atelier Cire cannot be held responsible for the non-performance or incomplete performance of one of its obligations if the poor performance of the contract results from a case of force majeure as defined by law, from the actions of the Customer or from the unforeseeable and insurmountable actions of a third party to the contract.
The Products must be used in accordance with the usage recommendations accompanying each Product. The modification of the Product, its transformation, its diverted use or its use not in accordance with these recommendations may create damage for which Atelier Cire cannot be held responsible.
8. Legal guarantees
Atelier Cire does not offer any guarantees other than the legal guarantees.
8.1. Non-conformities and hidden defects
Atelier Cire is bound by the legal guarantee of conformity and that relating to defects in the item sold.
The Customer is invited to check the conformity of the products received in execution of his order and, in the event of a defect found, to contact the Customer Service of the Atelier Cire online store which will ensure its support by indicating the terms of return and replacement or refund. In the event of non-conformity or proven defect, the costs of returning the Product are borne by Atelier Cire.
The replacement product will not be delivered until Atelier Cire has received the defective product. If the replacement of the product is impossible or cannot be implemented within one (1) month from receipt of the defective product by Atelier Cire, the Customer will then have the choice between:
- Return the product and request a refund,
- Or keep the product and request a refund of part of the price of said product from Atelier Cire.
8.2. Exclusion of warranty
If the products returned by the Customer do not correspond to the products ordered and have an origin other than the Atelier Cire online store, Atelier Cire will not be bound by its obligations described in article 9.1 above.
9. Personal data
The Customer, and more generally any user of the Site, may be required to communicate personal data to Atelier Cire, in particular when creating a customer area, placing an order(s), subscribing to the Newsletter (etc.). Atelier Cire may collect user connection data, such as IP address or connection time, via tracers and IT tools.
Atelier Cire is attentive to respecting the privacy of its Customers and users of the Site.
Atelier Cire implements technical solutions to protect data confidentiality, and pays particular attention to ensuring that only employees whose duties require them have knowledge of the personal data of users of the Site and customers.
The data collected is for the purpose of processing purchases made by the Customer and shipping order(s). It may be used for advertising and promotional purposes, if the Customer's consent has been given in advance (this may be, for example, the sending of advertising emails after subscribing to the Atelier Cire Newsletter).
Certain data is necessary for the execution and delivery of orders. The Customer is never required to provide them, but Atelier Cire may in fact not be able to execute the requests of the Customer who does not indicate them. The information necessary for the execution and delivery of orders, such as the postal address for example, is also communicated to the carrier.
In any event, and in accordance with the provisions of the General Data Protection Regulation and the Data Protection Act, the Customer has a right of access to data concerning him/her. He/she may consult, modify, delete or request portability.
To do this, the Customer must express his/her desire to access, modify or delete information concerning him/her and he/she must identify himself/herself to Atelier Cire by post at the following address: Atelier Cire, 29 ter rue Albert Caron 92150 Suresnes or via the contact form.
Atelier Cire reserves the right to make access to personal data conditional on the presentation of a valid identity document.
10. Intellectual property
Atelier Cire owns the domain name “www.atelier cire.com”.
The Site is an intellectual work protected by intellectual property rights, and in particular by copyright. The site as a whole, as well as the products sold there, and each of the elements that compose it (such as films, photographs, logos, brands, designs or models, texts, tree structures, software, animations, illustrations, diagrams) are the exclusive property of Atelier Cire, which is the only one authorized to use the intellectual property rights relating thereto.
The use of all or part of the site, in particular by downloading, reproduction, transmission, representation or distribution is strictly prohibited. Violation of these provisions subjects you to the penalties provided by law.
When you use a "share" function offered on the site in order to introduce a product of the Atelier Cire brand, you acknowledge and accept that the content made available for sharing must only be used for purely personal use, excluding any commercial use on websites or internet pages and/or any other digital medium for commercial purposes.
The creation of hypertext links to the site may only be done with the prior written authorization of Atelier Cire, which authorization may be revoked at any time. All sites with a hypertext link to the site are not under the control of Atelier Cire and the latter therefore declines all responsibility (in particular editorial) concerning access to and the content of these sites.
Atelier Cire is free to modify the content of the site at any time and without notice.
11. Applicable law / dispute
These General Terms and Conditions are subject to French law and apply to any dispute arising between Atelier Cire and the Customer.
In the event of a dispute relating to the Atelier Cire online store, the Customer will first contact Atelier Cire in order to seek an amicable solution.
Failing this, the French courts will have territorial jurisdiction to hear any dispute.
12. pre-contractual information
The Customer acknowledges having been informed prior to his order, in a legible and intelligible manner of these General Terms and Conditions.
He acknowledges that the information referred to in Article L221-5 of the Consumer Code was communicated to him, and in particular:
- the essential characteristics of the Product;
- the price of the Product;
- delivery costs;
- the identity of the seller, Atelier Cire SASU, its activity and its contact details;
- information relating to the collection and processing of personal data;
- information relating to guarantees;
- information relating to the consumer's right of withdrawal and its exercise;
- other important contractual conditions.