Terms of sale
These general conditions of sale apply between:
The company ATELIER MISSOR, SAS, registered with RCS NICE 893396978 with its registered office at NICE (06000) - 9 rue Penchienatti ,
with a capital of € 10,000,
Hereinafter referred to as "ATELIER MISSOR"
Any person physical visiting or making a purchase on the website www.ateliermissor.com
Hereinafter referred to as "the client"
1.Objet
These general conditions govern the contractual relations between ATELIER MISSOR and the customer and the conditions applicable to any purchase made through the merchant site www.ateliermissor.com
The client declares to have read the present general conditions of sale.
The fact of ordering on the site www.ateliermissor.com implies the customer's full and unreserved acceptance of these general conditions of sale.
These general conditions of sale shall prevail over any other general or particular condition not expressly approved by ATELIER MISSOR.
ATELIER MISSOR reserves the right to modify its general conditions of sale at any time.
In this case, the modifications will be applicable as of their posting.
Each order placed on the Site is governed by the general conditions applicable on the date of the order.
2.Capacity and destination
The customer declares to be legally able to c on include a contract and be over 18 years of age.
Placing an order by minors implies that they have previously obtained the agreement of their legal representatives.
The customer refrains from purchasing products on the site for the purpose of reselling them. ATELIER MISSOR reserves the right to refuse an order whose quantities would be manifestly unusual for personal use.
3.Characteristics of the goods offered
The products are described and reproduced by ATELIER MISSOR with the greatest possible accuracy. However, ATELIER MISSOR draws the customer's attention to the fact that the photographs cannot ensure a perfect similarity with the product offered for sale, in particular with regard to the colors.
The differences may result from the color quality of the photographs, from the difficulty of making the rendering of the materials appear on the screen or even, without being exhaustive, from the variations specific to each statue. These differences cannot be interpreted as lack of conformity and lead to the cancellation of the sale.
In the event of a manifest error or non-significant omission between the characteristics of the product and its representation and / or description, ATELIER MISSOR can not be held liable.
The product offers and prices appearing on the site are valid as long as they appear on the site, within the limit available stocks.
In case of unavailability of a bust, ATELIER MISSOR undertakes to inform the customer as soon as possible by email or by telephone and to indicate to him , where applicable, the estimated waiting time for delivery of the product.
The customer may confirm his order or request a refund of the product on the basis of the invoiced price.
Preparation and delivery costs will be reimbursed to the customer if the latter confirms the cancellation of the entire order
Preparation and delivery costs will remain the responsibility of the customer if the latter confirms the delivery of one or more available products forming part of the same order .
4.Prix
The prices of the products offered for sale on the site www.ateliermissor.com are expressed in euros, French VAT included and are only valid on the site.
ATELIER MISSOR reserves the right to modify prices and items, or to discontinue the availability of an item for sale, at any time, for any reason and without notice.
The products ordered are invoiced to the customer on the basis of the rate in force on the site at the time of validation of the order by the customer.
5.Order
All stages of the sale are clearly identified on the site in accordance with the provisions of article 1369-1 of the Civil Code. In application of these provisions, the customer has the possibility of checking the details of his order and its total price and of correcting any errors before definitively validating his order.
The order n 'is definitively recorded only after validation by the customer of his payment agreement and acceptance by the bank of the transaction. The summary of the customer's order is available in printable version, via order confirmation email.
As soon as his order is registered, the customer receives a confirmation email with the essential elements of his order and in particular, the order number, the list of products ordered, the price details.
All the data provided by the customer during the ordering process and the confirmation registered of this order constitute proof of the transaction.
ATELIER MISSOR reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order as long as that this dispute has not been resolved.
Order processing time is 2-3 days. For Napoleon with the golden crown, it can be 1 week because of the difficulties of supplying gold due to the Covid-19 epidemic. For special orders, the processing time is indicated by email upon receipt of the order.
6.PaymentThe customer can pay for his purchases by card bank, Paypal, or bank transfer.
The accepted bank cards are: Carte Bleue, Visa and Mas tercard.
When finalizing their order, the customer is invited to enter their credit card number, the expiration date of their credit card as well as the last 3 digits of the cryptogram visual on the back of the card.
7.Payment security
Transactions on this site are secured by the online payment platform Stripe.
Stripe ensures customers optimal security of their data thanks to its PCI DSS certification and the use of SSL protocol which encrypts all related information when ordering.
At no time, the bank details of customers appear in clear or are given to ATELIER MISSOR.
For any additional information on the payment platform we invite you to visit the site: www.stripe.com
8.Delivery
Delivery is free anywhere in the world.
The order is delivered by the Post Office in Colissimo to the address of delivery entered by the customer. The delivery times from dispatch are as follows:
- 48h or 2 working days to Metropolitan France and Monaco
- 5 to 7 days to Overseas
- 4 to 8 days to France international
The delivery times indicated below may be adjusted depending on the period in which the customer places an order (sales, holidays, etc.). In addition, in the context of the covid-19 epidemic, the measures taken by the Post Office to protect its staff can cause delivery delays. The customer is informed of the shipment of his package by email.
In the event of damaged packages (already open, bust damaged by transport or customs), the customer agrees to notify the carrier and ATELIER MISSOR, by all means, all reservations within 3 days upon receipt of the product.
9.Legal right of withdrawal
In accordance with the Article L121-21 of the Consumer Code, the customer has a legal withdrawal period of 14 days from receipt of his order.
The customer can notify, by mail to ATELIER MISSOR, its intention to exercise this right by specifying its name, first name, address, order number, date of placing the order, date of receipt of the order and bust model concerned by the withdrawal. Send to the following address:
ATELIER MISSOR
15 Avenue Mirabeau Bât. B
06000 Nice
The customer can also use the model withdrawal form (reproduced following these general conditions of sale) but this is not compulsory.
The customer then has a period of 14 days from the sending of this letter to return his order (see article 10 Returns), to the address indicated above.
ATELIER MISSOR will reimburse the customer within 14 days of receipt of the order or proof of return or thereof (see article 11 Refund).
11. Refund
The customer will be refunded on the payment method used when ordering, on the basis of the price of the product invoiced appearing on the summary of the order and the costs of preparation and delivery actually paid by the customer.
The customer will be refunded within 14 days of receipt
of the parcel by ATELIER MISSOR.
12.Transfer of ownership / transfer of risk
Transfer of ownership of products for profit of the customer will be realized only after full payment of the price by the latter, and this whatever the delivery date of the aforesaid products.
On the other hand, the transfer of the risks of loss and deterioration of products will be
made upon delivery and receipt of the products ts by the customer.
13.Guarantee
All products sold on the site www.ateliermissor.com benefit from legal guarantees of conformity and hidden defects.
Article L211-4 of the Consumer Code
"The seller is required to deliver goods in accordance 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 L211-5 of the Consumer Code
" To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- Correspond to the description given by the seller and possess the qualities that this one presented to the buyer in the form of a sample or a model;
- Present 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 have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L211-12 of the Consumer Code
" The action resulting from the lack of conformity lapses two years after the delivery of the good ”.
Article 1641 of the Civil Code
“ The seller is bound by the guarantee for 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 acquired it, or would have given only a lower price, if he had known them . "
Article 1648 of the Civil Code
" The action resulting from fatal defects must be brought by the purchaser within two years from from the discovery of the defect ”
14. Complaints / information
For any information, complaint or related question to these conditions of sale or to the products offered for sale on the site www.ateliermissor.com , the customer is invited to contact customer service:
By post:
ATELIER MISSOR
15 Avenue Mirabeau Bât. B
06000 Nice
By email: contact@ateliermissor.com
15.Responsibility
The ATELIER MISSOR cannot be held liable:
- For the non-performance of the contract in the event of out of stock or unavailability of the product due to a case of force majeure;
- For any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other unintentional problems;
- Content of sites to which hypertext links can refer from its own site.
16.Intellectual Property
All the elements of the site www.ateliermissor.com are and remain the intellectual and exclusive property of ATELIER MISSOR.
The customer is not authorized to reproduce, exploiter, distribute or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound.
Copyright
The texts and photographs of the site www.ateliermissor.com are protected by intellectual property rights.
It is forbidden to copy, extract, distribute, modify or adapt the content of this site. Downloading and printing of text, images and graphic elements are authorized for private and non-commercial use only.
The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications require the prior written consent of ATELIER MISSOR. Failure to authorize is punishable by the offense of counterfeiting.
Hypertext links
Any single link or hypertext link is strictly prohibited unless expressly agreed and written by ATELIER MISSOR.
17.Archiving
In accordance with the provisions of article 1348 of the civil code, ATELIER MISSOR archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy.
In accordance with the provisions of article 132-4 of the consumer code and the decree of February 16, 2005, orders of any amount are archived and kept by ATELIER MISSOR for 10 years.
The computerized registers of ATELIER MISSOR will be considered by ATELIER MISSOR and the customer as proof of communications, orders, payments and transactions between ATELIER MISSOR and the customer.
ATELIER MISSOR retains the poss ibility to communicate with the customer via the email address indicated by the customer, in compliance with the GDPR regulations. The customer agrees to receive timely information on ATELIER MISSOR news, while retaining the possibility of unsubscribing from these information emails.
Applicable Law
Any order automatically entails the customer's acceptance of the general conditions of sale. These general conditions of sale are governed by French law. In the event of a dispute, only the French Courts will have sole jurisdiction.
In the event of difficulty or complaint during an order, the customer can contact Customer Service to find an amicable solution.
WITHDRAWAL FORM
Please complete and return the form only if you wish to withdraw from the contract. For the attention of ATELIER MISSOR
15 Avenue Mirabeau Bât. B
06000 Nice
I hereby notify you of my withdrawal from the contract for the sale of the property below:
- Order number: ……………………………………… ..
- Bust model: ……………………………………… ..
- Ordered on (*) / Received on (*): ……………………………………… ..
- Consumer name: ……………………………………… ..
- Consumer address: ……………………………………… ..
Date and signature of the consumer (only if this form is notified on paper)
……………………………………… ..
(*) Cross out unnecessary