PREAMBLE
Article 1 :
The website www.ateliers-sahin.com (hereinafter "the Site") is published by the sole proprietorship LES ATELIERS SAHIN, whose head office is located at 46 rue Vestrepain - 31100, and registered with the Trade Register and of Companies, as well as in the Toulouse Business Directory under number 854026093. The sole proprietorship is not subject to VAT.
Article 1: Applications of the General Conditions of Sale
The general conditions of sale (hereinafter the "GTC") detailed below apply exclusively to all orders for products and services placed via the Site (the "Products") with LES ATELIERS SAHIN by any person physical person visiting or making a purchase via the Site (hereinafter “the Customer”).
Any order placed with Les Ateliers Sahin therefore implies unreserved acceptance by the Customer of these conditions. These general conditions may be modified at any time and without notice by Les Ateliers Sahin, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address: https://ateliers-sahin.com/cgv in a computer format allowing their printing and / or downloading, so that the Customer can proceed to their reproduction or safeguard. DOWNLOAD HERE
Article 2: Products
A. General
The Products offered for sale by Les Ateliers Sahin are those appearing on the Site, in the “shop” section on the day of consultation by the Customer. Each Product will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes or the available dimensions and colors, the composition, as well as any special characteristics. There may be minimal differences between a product and its photograph, depending in particular on the resolution and color definition of the user's screen.
Items such as photographs, texts, graphics and all the information and characteristics illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.
LES ATELIERS SAHIN specifies, however, that the majority of the Products follow artisanal manufacturing processes, which may lead to discolorations or slight deformations which cannot be considered as defects.
B. Availability
The Products are marketed within the limits of available stocks. If stocks are exhausted, Les Ateliers Sahin will endeavor to indicate this clearly and make it impossible to purchase the product concerned. Despite all the precautions taken by Les Ateliers Sahin, if the products are unavailable, Les Ateliers Sahin will inform the Customer by e-mail as soon as possible. The Customer can then cancel his order and be reimbursed, if applicable, the sums already paid.
The definitive or temporary unavailability can in no way engage the responsibility of Les Ateliers Sahin, nor can it give rise to any right to compensation or damages in favor of the Customer.
Article 3: Price
A. General
The price of the Products is mentioned in euros, all French taxes included (French VAT and other applicable taxes), excluding delivery costs which are notified to the Customer when he places an order. In the event of a change in the VAT rate, the price will automatically be changed without notice other than the due date of the new rate. For orders exempt from VAT, the provisions of the General Tax Code will apply.
Les Ateliers Sahin reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time of the validation of the order. In the event that an abnormally low price is indicated due to a technical or human error, Les Ateliers Sahin reserves the right to ask the Customer to supplement the price already paid or to allow him to cancel his order by reimbursing the full amount already paid.
B. Promotional code
Promotion codes only apply to non-discounted base prices. Promotional codes can be used once per Customer account unless otherwise instructed by Les Ateliers Sahin. These codes are not refundable during an exchange
ARTICLE 4 : ORDERS
ARTICLE 5 : DELIVERY
ARTICLE 6 : SECURED + PAYMENT
ARTICLE 7 : RETURN + REFUND
ARTICLE 8 : INTELLECTUAL + PROPERTY
Article 9: Guarantees and liability
Les Ateliers Sahin cannot be held liable with regard to third parties in the event of indirect damage, special damage or incidents resulting from negligence, failure or clumsiness of the Customer, or resulting from misuse by the Customer of one of the products offered for sale on the Site. Regarding access to the Site, consultation of the latter, the ordering process, payment, delivery and service, Les Ateliers Sahin has only an obligation of means. Les Ateliers Sahin cannot be held liable for any inconvenience or damage inherent to the Internet network, in particular any connection disruption or any computer virus intrusion. In addition, Les Ateliers Sahin is exempt from any liability for any fact qualified as force majeure within the meaning of the case law of the Court of Cassation. Finally, Les Ateliers Sahin's liability is limited to the amount of the Customer's order.
Article 10: Comments, suggestions and other user proposals
If, at our request, you submit specific content (for example, to participate in competitions), or if without request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute , to translate and otherwise use and in any media any comments you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
We may, but have no obligation to do so, monitor, edit, or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Conditions of Sale.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malicious software that could in any way affect the operation of the service. or any other associated website. You may not use a false email address, pretend to be someone that you are not, or try to mislead us and / or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility for and disclaim any liability for any comments you post or any other third party posts.
Article 11: Errors, inaccuracies and omissions
From time to time there may be information on the Site which may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, shipping charges, products, delivery times and availability. Les Ateliers Sahin reserves the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information on the Site or on any other associated website is inaccurate, and this at any time and without notice, including after the Customer has placed an order.
Les Ateliers Sahin is under no obligation to update, modify or clarify any information on the Site or on any related website, including but not limited to pricing information, except as required by law. No defined update or update date in the Site or on any associated website should be taken into account in concluding that the information on the Site or on any other associated website has been modified or updated.
Article 12: Third party link
Certain content, products and services available through our Service may include material from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.
Article 13: Legal guarantees
All products, tangible movable property, sold remotely benefit from the legal guarantee of conformity and the legal guarantee against hidden defects under the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as , where applicable, the manufacturer's contractual guarantee incorporated into the purchase price of the product.
When acting as a legal guarantee of conformity, Customers:
- benefit from a period of 2 years from the delivery of the good to act;
- can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- are exempt from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of a new good and the 6 months following the delivery of a used good.
In addition, it is also recalled that:
- The legal guarantee of conformity applies regardless of any commercial guarantee granted;
- Customers can decide to implement the guarantee against hidden defects of the item sold provided for in article 1641 of the Civil Code and can thus choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
A. Legal guarantee of conformity (content)
Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L.217-5 of the Consumer Code: The goods comply 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 given the public statements made by the seller, the producer or 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.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L.217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods. "
B. Guarantee for hidden defects in the item sold (content)
Article 1641 of the Civil Code: The seller is bound by the guarantee for the hidden defects of the item 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 it. not acquired, or would have given a lower price, if he had known them.
Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
C. Procedures for exercising guarantees
In the event of non-compliance or hidden defect in the product, the Customer is required to address their complaint to Les Ateliers Sahin customer service. In the event of a return of a product, the Customer is invited to follow the procedure described in Article 7.A. The exercise of these guarantees takes place at no cost to the Customer, in accordance with Article L.217-11 of the Consumer Code, on the condition, however, that the latter is justified in requesting the benefit of these guarantees.
ATTENTION: Customers are informed that:
- They may be required to provide proof of non-conformity of the product concerned when its nature or the alleged lack of conformity so requires,
- Les Ateliers Sahin regularly performs tests on the conformity of the products sold and the proof of conformity of the analyzed batches, which are kept in the premises of Les Ateliers Sahin, may, if necessary, be opposed to the Customers.
In the event that Les Ateliers Sahin, finds an abusive or bad faith use of the legal guarantee of conformity or hidden defects (abnormally high frequency of use, returned product not corresponding to the product purchased, product returned late and in a clearly depreciated condition, non-conformity of a product which clearly results from improper use by the Customer, etc.), Les Ateliers Sahin reserves the right to give notice to the Customer to present, within eight (8) days, his observations on the alleged grievance. In the absence of a response or in the absence of a satisfactory response, Les Ateliers Sahin reserves the right to invoice the Customer for compensation proportional to the management costs made necessary to process an abusive or bad faith request.
Article 14: Force majeure
In the event of the occurrence of an event of force majeure, Les Ateliers Sahin informs the Client 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, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurgency, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All the 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 transaction concerned may be terminated at the request of Les Ateliers Sahin or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
Article 16: General provisions
A. Partial invalidity of a clause
If any of the provisions of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not invalidate the other provisions.
B. Litigation - Complaint - Information
If you have a question, a complaint or need information relating to the online sales conditions set up by Les Ateliers Sahin, please contact customer service by email at the following address: contact@ateliers-sahin.com .
C. Applicable law - Competent court
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding the plurality of defendants or call in guarantee.