General Conditions of Sale
Preamble
These General Conditions of Sale (hereinafter "GCS") govern the contractual relations between:
Atelier Sarita, a simplified joint-stock company with a capital of €500, whose registered office is located at 159 rue La Fayette 75010 Paris, registered with the Paris Trade and Companies Register under number 939 538 732, email address: contact@ateliersarita.com, hereinafter referred to as "the Seller",
ON THE ONE HAND,
And
Any natural or legal person wishing to make a purchase via the Seller's website ateliersarita.com, hereinafter referred to as "the Customer",
ON THE OTHER HAND.
I. Purpose
These General Terms and Conditions of Sale aim to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant site ateliersarita.com, hereinafter referred to as "the Site". They are intended in particular to inform the Customer about the terms and conditions for placing an order online, delivery of the products ordered and the conditions for returning and refunding the products ordered.
By these General Conditions of Sale, the Customer prohibits any purchase for resale, within the meaning of article L110-1 of the Commercial Code.
The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing him to place an order on the Site.
These Terms and Conditions apply without restriction or reservation to all products offered for sale on the Site. Any order for one or more products on the Site implies consultation and unreserved acceptance by the Customer of these Terms and Conditions and the applicable prices. These Terms and Conditions shall prevail over any other general or specific terms and conditions of the Customer.
The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site. Any buyer on the Site is deemed to have read and accepted these Conditions in their entirety before confirming his order.
II. Site
The ateliersarita.com website is an e-commerce site accessible via the Internet at the address https://ateliersarita.com and is open to any user of this network. It belongs to the company Atelier Sarita, a simplified joint-stock company with a capital of 500 euros, whose registered office is located at 159 rue La Fayette 75010 Paris, registered in the Paris Trade and Companies Register under number 939 538 732.
The publication manager is Mrs. Sarah Partouche.
The site is hosted by SHOPIFY INC, a Canadian company registered on the TSX and NYSE No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 Canada.
The Site offers for sale a variety of clothing and accessories (hereinafter the “Product(s)”) to Internet users browsing the Site (hereinafter the “Customer(s)”). For the purposes hereof, it is agreed that the Customer and Atelier Sarita will be collectively referred to as the “Parties” and individually referred to as the “Party”.
Any order for a Product offered on the Site implies consultation and express acceptance of the General Conditions of Sale. This acceptance constitutes a contractual commitment between the Customer and the Seller.
As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to electronic signature, Atelier Sarita specifies that the validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
The General Conditions of Sale aim to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
III. Products
3.1. Description of the Products
Atelier Sarita offers handmade kimonos, available in ready-to-wear and custom-made versions. The Products offered by Atelier Sarita are those listed on the Site on the day the Customer views the Products and are subject to availability.
The products sold by the Site are identified by one or more photos, by a descriptive text in French and a price including VAT in euros. Each product is described and presented with the greatest possible precision. The photographs taken for the Site are intended to be as faithful as possible to the products sold. The photographs illustrating, in support of the text, the products do not enter into the contractual field. As such, if Atelier Sarita attempts to represent as faithfully as possible the Products whose photos are displayed on the Site, color variations may occur; in particular due to the technical limitations of color rendering of computer equipment.
3.2. Availability of products
Atelier Sarita undertakes to honor orders received only within the limits of available stocks and offers remain valid as long as they are visible on the Site. Atelier Sarita reserves the right, at any time, to withdraw any product for sale on the Site. Atelier Sarita cannot be held responsible in the event of stock shortages or unavailability of Products.
In the event of unavailability of one or more Product(s), after validation of the order, Atelier Sarita undertakes to inform the Customer by e-mail as soon as possible and will offer either an equivalent product or a refund.
3.3 Retention of title
In accordance with the provisions of Article 2367 of the Civil Code, the products ordered remain the property of Atelier Sarita until full payment of the price.
IV. Prices
Product prices are indicated in euros, inclusive of all taxes (TTC) and take into account the value added tax (VAT) in effect on the day the order is validated. Any change in VAT rates will be automatically reflected in the price of the products offered, in accordance with current tax legislation.
The transport and delivery costs applied are those indicated on the Site at the time of the order.
Atelier Sarita reserves the right to modify the prices of products sold on the Site at any time and without prior notice. Products will be invoiced based on the price in effect at the time the order is validated, subject to availability. The price in effect is the one indicated on the Site at the time the order is placed. In the event of an obvious typographical error affecting the price, Atelier Sarita reserves the right to cancel the order and fully refund the Customer.
For all ready-to-wear items, the price is payable in full and in a single payment upon validation of the order. In the case of custom-made products, a quote will be prepared and sent to the Customer for acceptance. After acceptance of the quote, the order will be considered firm and final. A deposit of 70% of the total amount of the order must be paid upon acceptance of the quote.
balance must be paid before shipment of the Product.
The data recorded by the Site constitutes proof of transactions between Atelier Sarita and the Customer. The data recorded by the payment system constitutes proof of financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
The price of the products sold on the Site does not include the shipping costs of the products in the order or any additional costs which will be indicated to the Customer at the latest at the time of payment of the order. Shipping costs vary according to the delivery address, the weight and volume of the items, and are specified as the order is placed.
V. Payment
Any order placed on the Site must be paid for at the time of ordering. The order will only be executed after full payment by the Customer of the amount of his order, except for orders for custom-made products subject to the specific payment terms indicated in Article IV.
Payments are made online using a secure online payment system. The Seller works with the Shopify Payments payment solution. All major credit cards are accepted, as well as other payment methods such as Shop Pay and PayPal. Payments are processed securely through Shopify Payments, and transactions are secure and PCI compliant. Shopify Payments uses advanced security measures to protect customer information.
customer payment, including data encryption and PCI DSS compliance.
The order will be executed after approval from the bank payment center. If the latter approves, the account will be immediately debited and the order validated. In case of refusal, the order will be canceled.
Receipt of the confirmation email from the Seller confirms acceptance of the Customer's order. The email confirmation of the electronic payment serves as an invoice. A detailed invoice may be requested by the Customer from the Seller.
The order validation date corresponds to the date of payment by bank card online.
Atelier Sarita reserves the right to refuse to honor any order from a Customer with whom it is in dispute, of any nature whatsoever.
Atelier Sarita uses the secure payment service Shopify Payment. The integrity of the data exchanged between the Customer and the secure Shopify Payment platform is protected against attempts to
hacking. Confidential data is transmitted directly encrypted to the Shopify Payment server, without ever passing through Atelier's servers
Sarita.
Shopify Payment uses the SSL (Secure Socket Layer) encrypted exchange protocol and provides all the necessary assurances for internet transactions.
Atelier Sarita reserves the right to cancel any order that presents a risk of fraudulent use of a bank card.
VI. Order
6.1. Prerequisites
To be able to place an order for products on the Site, the Customer is informed that he/she must be at least 18 years old; be legally capable of purchasing the products ordered; be the holder of the bank card used for payment of the order or, failing that, be duly authorized to use it to pay for his/her order.
The Customer guarantees to the Seller that he/she fulfills all of these conditions and that the bank account associated with the payment method used on the Site to pay for his/her order has sufficient funds to satisfy his/her purchase obligation.
6.2. Order process
The Customer may browse the Site freely, without being committed to an order. He may select as many Products as he wishes, which will be added to the basket (the "Basket").
To place an order, the Customer must click on the "Add to Cart" button. Each new addition to the Customer's Cart will be indicated by the appearance of a specific screen. The Cart summarizes the Products chosen by the Customer as well as the prices and costs associated with them.
At any time before confirming their order, the Customer may freely obtain a summary of the Products they have selected and modify the Basket.
Validation by the Customer constitutes proof of their commitment to the entire order and the payment of the amounts due in execution of said order, as well as full and unreserved acceptance of all of these Conditions and the quote relating to the order. The Customer will then be invited to pay for their order by entering their bank details.
When the Customer confirms payment for their order, an order confirmation email including the invoice is sent to the Customer.
To this end, the Customer formally accepts the use of electronic mail for confirmation of the content of his Order and to receive his invoice electronically.
All data provided by the customer throughout the order process and the Seller's confirmation of the order registration will constitute proof of the transaction. The order is only final upon full payment of the order price by the Customer, except for custom-made products, which are subject to the specific conditions mentioned in Article IV.
A shipping confirmation email is sent to the Customer on the day the Products are shipped, containing the package tracking link.
Pursuant to Article L. 134-2 of the Consumer Code, when an order is for an amount equal to or greater than 120 euros, Atelier Sarita retains the contract concluded electronically for a period of ten years from delivery of the goods, in accordance with Article L. 134-2 of the Consumer Code and Decree 2005-137 of February 16, 2005.
6.2. Ordering Custom-Made Products
For custom product orders, the Customer must contact the Seller via the contact form provided for this purpose to define the desired specifications. A quote will be prepared and sent to the Customer for acceptance. Once the quote is accepted, the order will be considered firm and final.
VII. Delivery
7.1. Delivery Terms
Deliveries are made to mainland France, Europe, Switzerland, and the United Kingdom. The Seller offers various delivery methods, detailed on the ateliersarita.com website.
The ordered Products are delivered to the address indicated by the Customer when ordering. It is the Customer's responsibility to verify the accuracy of the information provided when ordering. If the address provided is incomplete or inaccurate and the package is returned to the sender, the Seller reserves the right to charge the Customer additional shipping costs. In the event of an error in the recipient's contact details, Atelier Sarita cannot be held responsible for the impossibility of delivering the Product.
Atelier Sarita reserves the right to refuse to make a delivery or to honor an order from a customer with whom there is a previous or ongoing payment dispute (such as unpaid order payment). The Customer will be informed by email and may contact customer service for any complaints.
In accordance with Article L. 216-4 of the Consumer Code, the transfer of risks of loss and deterioration of the Products takes place at the time the Customer takes physical possession of the Products.
7.2 Delivery times
Atelier Sarita undertakes to make its best efforts to ensure that the order is executed within a maximum of ten (10) working days for products in stock from the day following the validation of the order. For custom-made products, the manufacturing and delivery time will be specified when the quote is validated.
Delivery times vary depending on the delivery method chosen and the destination. Delivery times are available on the Site and may vary depending on the availability of the products that were the subject of the Order.
Delivery Times are understood to be in working days and correspond to the average times for preparing and delivering the Order within the Territory.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are given for information purposes only. In the event of a delay exceeding 30 days after the initially planned delivery date and not justified by a case of force majeure, the Customer may cancel his order and obtain a refund.
7.3. Delivery Costs
Delivery costs are calculated based on the weight of the package and the destination, according to the current scales of the postal services or partner carriers. They are indicated to the Customer when confirming the order.
Any reshipment due to an incorrect delivery address or non-collection from the Postal Services will result in the payment of additional charges. The Customer will be informed of the amount of the additional charges and will have 7 days to accept or refuse the reshipment. If the Customer refuses to pay these additional reshipment charges, the order will be cancelled and the price of the order will be refunded to the Buyer's account less the shipping costs incurred.
For shipments to a country outside the European Union (including the French overseas departments), the Customer will be responsible for paying any customs duties and local taxes applicable upon receipt of the package.
VIII. Right of Withdrawal and Returns
8.1. Standard Products
In accordance with Article L221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal without having to provide reasons. The products must be returned in their original condition, unworn, unwashed, with their original labels and packaging. Atelier Sarita will refund the amount of the order to the customer (product price and delivery costs).
8.2. Custom-made products
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to the Customer's specifications or clearly personalized. Thus, products made to measure, after acceptance of the quote, are neither returned nor exchanged, except in the event of a lack of conformity or hidden defect.
Any anomaly concerning the delivery such as: missing products, damaged products, products not conforming to the order, must be notified within fourteen calendar days by email to the address contact@ateliersarita.com . After this period, no complaints will be accepted, the products being then deemed compliant.
For any return of a non-compliant product, the customer must send their package to the following address:
Atelier Sarita, 159 rue Lafayette, 75010 Paris.
The risks and costs of return are the sole responsibility of the customer. The product must be returned in its original condition and packaging, new, unworn and unwashed.
When the non-conformity has been noted, Atelier Sarita will offer the client:
1/ the replacement of the product(s) at the expense of Atelier Sarita (with reimbursement of the return costs of the non-compliant product (according to the Colissimo price list),
2/ reimbursement of the price of the order (price of the products and delivery costs) as well as the costs of returning the non-compliant product.
The Customer must send proof of return costs incurred by email to contact@ateliersarita.com .
In the event of abnormal or abusive complaints, Atelier Sarita may refuse to serve a subsequent order.
8.3 Returns
8.3.1 Returns from France
Returns are free in mainland France. After receiving your order, you have 14 days to return it to us.
From your account in the "My Orders" section, click on "Make a Return." Select the order for which you wish to request a return, indicate a reason for return, and submit the request. Once the request is registered, you will receive a confirmation email with shipping instructions and your return label. Print the return form and slip it into your package before sending it to the following address: Atelier Sarita, 159 rue Lafayette, 75010 Paris. Your return slip is essential for identifying your package. The return slip includes shipping costs. Keep proof of delivery.
8.3.2 Returns from abroad
Return and customs fees are the responsibility of the customer. After receiving your order, you have 14 days to return it to us.
From your account in the "My Orders" section, click on "Make a Return". Select the order for which you wish to request a return, indicate a reason for return and submit the request. Once the request is registered, you will receive a confirmation email with shipping instructions and return the products to us by tracked parcel to the following address: Atelier Sarita, 159 rue Lafayette, 75010 Paris, France.
We advise you to include your invoice in your return package to facilitate your identification.
8.4 Reimbursement
Subject to the returned product being in perfect condition, the refund will be made within a maximum of fourteen days from receipt of the returned product if all the conditions mentioned in the return procedure are met. The refund will be made via the same payment method used when paying for the order. If the items are not received at the address provided, the Seller will not be able to process the return.
IX. Personal data and cookies
In accordance with Law No. 78-17 of January 6, 1978, as amended, and the General Data Protection Regulation (GDPR), Atelier Sarita undertakes to ensure the protection of the personal data of users of the Site.
The user has the right to access, rectify, delete, and transfer their personal data, as well as the right to object to or limit the processing of such data. To exercise these rights, you can send an email to contact@ateliersarita.com.
The information collected is strictly necessary for order management and the commercial relationship with the Customer. It is only transmitted to the service providers involved in the execution of the order (carriers, payment services) and is under no circumstances transferred to third parties for commercial purposes.
If the Client has given his consent, he may receive marketing communications (newsletters). He can unsubscribe at any time by clicking on the unsubscribe link present in each email received.
The Site uses cookies to optimize the user experience and ensure the proper functioning of the site. The user can configure their browser to block cookies, but this may impact certain features of the Site.
X. Guarantees
The products sold on the Site benefit from legal guarantees of conformity (articles L211-4 to L211-12 of the Consumer Code) and hidden defects (articles 1641 to 1648 of the Civil Code).
XI- Liability – Force majeure
The Seller cannot be held liable for any direct or indirect damages that may result from access to the Site or use of the Site and/or its information, including its inaccessibility, loss of data, deterioration, destruction or viruses that may affect the Customer's computer equipment and/or the presence of viruses on the Site.
We strive to provide reliable content on the Site, however, and despite all our efforts, we cannot guarantee that the Site is free from inaccuracies or omissions and we cannot be held responsible for errors or omissions, or for a lack of availability of
information and services.
Similarly, Atelier Sarita cannot be held liable for any event deemed to be force majeure, in accordance with case law, including in particular a postal service strike, stock shortages at the manufacturer, destruction or total loss of stock, cessation of production of a model of which Atelier Sarita has not been informed, as well as any other exceptional event.
XII. Intellectual Property
All elements of the Site, whether visual or audio, are reserved under copyright as well as intellectual and artistic property rights worldwide. Any total or partial reproduction of the Site is strictly prohibited without prior agreement. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.
The name "ATELIER SARITA" has been registered as a trademark with the INPI (trademark no. 5109319). Consequently, any reproduction of this trademark by the Customer, not authorized by the Seller, constitutes an act of counterfeiting liable to criminal and civil prosecution. The Customer therefore undertakes not to infringe the "ATELIER SARITA" trademark in any way. It is strictly forbidden to use or reproduce the name "ATELIER SARITA", in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
XIII. Entire Agreement
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
XIV. Partial invalidity
If one or more provisions of these Conditions
General Conditions of Sale are deemed invalid or declared as such in
application of a law, a regulation or following a final decision
of a competent jurisdiction, the other provisions will retain all their
strength and their scope.
XV. Applicable law and competent jurisdiction
These General Terms and Conditions of Online Sale are subject to French law. In the absence of an amicable settlement, disputes relating to orders placed on the Site shall fall under the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third-party claims. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.
XVI- Contact
For any questions regarding online product orders, please write to us at the following email address: contact@ateliersarita.com or by post to the following address: Atelier Sarita, 159 rue Lafayette, 75010 Paris, France.