The present general terms conditions of sale (hereafter “GTCS”) are applicable between :
Hereinafter referred to individually as a “Party” and collectively as the “Parties“.
The purpose of the GTCS is to define the terms and conditions of the contractual relationships between ATELIER VIME and the Buyer purchasing products marketed by ATELIER VIME, hereinafter referred to as “Product(s)”.
All orders and purchases of Products imply the Buyer’s unreserved acceptance of and full and complete adherence to the Terms and Conditions of Sale, which prevail over any other document of the Buyer.
Any document other than the GTCS, in particular catalogs, prospectuses, advertisements and notices, is only informative and indicative, and not contractual.
Finally, ATELIER VIME reserves the right to modify the GTCS at any time.
ATELIER VIME offers for sale a selection of furniture and decorative items (hereinafter referred to as “the Products“):
The Products offered for sale are those that appear on the Site, unless exceptionally unavailable.
The Buyer may, prior to the act of purchase, take note of the essential characteristics of the Products mentioned on the Site.
The photographs of the Products are communicated for illustrative purposes and are not contractual. Any differences shall in no way be interpreted as lack of conformity that could lead to the cancellation of the sale.
In the context of the purchase of lights, the Buyer must acquire only LED bulbs (cold bulbs).
Outside the EU the lamps and pendant lights are sold without wiring or electrical parts, chain and canopy.
The client will take exclusive and full responsibility of the wiring, the use, and the compliance of the shades and vintage lamps with local regulation.
The prices are those displayed on the Site at the time of the order.
In the event that the prices of the Products are not displayed on the Site (in particular the custom-made Products and Vintage Products), the Buyer may request them by e-mail, by telephone or via the contact form on the Site, which will be transmitted in the form of a quotation by ATELIER VIME.
Prices are in Euros and are net, excluding taxes, customs duties and delivery fees (the latter being paid directly by the Buyer).
The Buyer may place an order with ATELIER VIME by e-mail, by telephone or via the form available on the website www.ateliervime.com (hereinafter the “Site“). The acceptance of the order by ATELIER VIME is materialized by the sending of the corresponding invoice.
Failure to pay the price of the order within 15 calendar days following the sending of the invoice will imply in its cancellation.
The delivery of the Products will only be possible once the invoice has been paid.
The Products are invoiced on the date of the order. Invoices are payable in full and with one payment by bank transfer to the account of ATELIER VIME.
Any order for which the invoice is not paid within 15 days will be cancelled automatically.
ATELIER VIME does not ship the Products.
It is therefore the responsibility of the Buyer to organize the delivery of the Products to the address of his/her choice.
Once the price of the order has been paid and the Products have been manufactured (for Editions Products), ATELIER VIME will make the Products available to the carrier designated and mandated by the Buyer.
ATELIER VIME may, at the Buyer’s request, propose and transmit the contact information of a transportation service provider.
Transfer of ownership
Notwithstanding article 1583 of the French Civil Code, the transfer of ownership of the Products is suspended until effective and full payment of the order price.
Transfer of risks
The transfer of risks on the Products sold takes place as soon as the Products are handed over by ATELIER VIME to the carrier appointed by the Buyer.
8.1. Products returned by ATELIER VIME
Products sold outside the European Union are neither exchangeable nor refundable.
In the event of a recall of defective Products, ATELIER VIME undertakes to proceed :
8.2. Hidden defects
Under the warranty for hidden defects, ATELIER VIME will only be held responsible for the replacement, free of charge, of the defective products, without the Buyer being able to claim damages for any reason whatsoever.
ATELIER VIME guarantees its Products against hidden defects, under the following conditions
– the warranty only applies to Products that have become the property of the Buyer;
– it only applies to the Editions Products;
– it is excluded if the Products have been used in conditions of use, storage and transport that were not foreseen and unfit for their destination.
A hidden defect is defined as a defect in the Product that makes it unfit for its use and destination and that could not be detected by the Buyer before its use.
The warranty ceases as of right if the Buyer does not notify ATELIER VIME of the alleged defect within 3 (three) calendar days following its discovery. It is up to the Buyer to prove the day of discovery.
The information collected by ATELIER VIME via the form or when placing an order, which may constitute personal data, is intended exclusively for ATELIER VIME and will only be used for the purposes necessary for the management and follow-up of the order as well as for commercial prospecting.
In this respect, ATELIER VIME may use the Buyer’s data to send advertisements, notably by email, postal mail and SMS.
In accordance with articles 32 and following of the French law of January 6, 1978 known as “Informatique et Libertés”, each holder of personal data collected by ATELIER VIME has a right of access, rectification and opposition to the use of personal information concerning him/her. Pursuant to Regulation 2016/679 of April 27, 2016, the natural person may exercise his or her right to limitation of processing, erasure of data and portability.
The natural person concerned may exercise his rights by sending an email to be completed.
A reply will be sent to him/her within one month after the exercise of the right.
In the event of an unsatisfactory response, the person concerned may refer the matter to the CNIL.
Moreover, the person concerned will also have the possibility of opposing the reception of these solicitations by carrying out the following actions:
All intellectual property rights pertaining to the Products are reserved by ATELIER VIME.
The intellectual property rights relating to the documents, notably technical and/or commercial documents, products and photographs provided to the Buyer remain the exclusive property of ATELIER VIME.
The Buyer agrees not to make any use or copy of these documents that may infringe upon ATELIER VIME’s intellectual property rights.
Under these conditions, the Buyer is not authorized to reproduce, exploit, distribute or use in any way whatsoever, even partially, the intellectual property rights of ATELIER VIME, without its prior written consent. The Buyer may use the name and/or trademarks and/or all distinctive signs of ATELIER VIME, as a commercial reference only, outside of any communication and/or advertising action.
ATELIER VIME is released from its contractual obligations in the event of force majeure as defined in Article 1218 of the French Civil Code or in the event of an act of God.
In such circumstances, ATELIER VIME will notify the Buyer in writing, notably by e-mail, within 24 (twenty-four) hours of the date of the occurrence of the event, the contract binding ATELIER VIME and the Buyer being suspended by operation of law without compensation, as of the date of the occurrence of the event.
If the event lasts more than 30 (thirty) days from the date of its occurrence, the sales contract concluded by ATELIER VIME and the Buyer may be terminated by the most diligent Party, without either Party being entitled to claim damages. This termination will take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.
12.1 Right of withdrawal
The Buyer having the quality of consumer within the meaning of the preliminary article of the Consumer code, has a right of retractation, residing on the territory of the European Union without having to justify reasons nor to pay penalties, right which it can exert via :
within 14 (fourteen) calendar days following the date of receipt of the Sales Order in accordance with article L.221-20-12 of the French Consumer Code.
The cost of returning the Products for which the right of withdrawal is exercised shall be borne by the consumer Buyer.
The right of withdrawal cannot be exercised in the case of Editions Products made by ATELIER VIME according to the specifications of the Buyer (article L221-28 of the French Consumer Code).
12.2 Legal guarantees
ATELIER VIME is responsible for the conformity defects of the Products under the conditions of article L. 211-4 and following of the French Consumer Code and for the hidden defects of the item sold under the conditions of articles 1641 and following of the French Civil Code.
Are excluded from the guarantees:
Implementation of the legal guarantees
Legal guarantee of conformity
In compliance with the provisions of Article L.217-3 of the French Consumer Code, the consumer has a period of 2 years from the delivery of the Product to assert the guarantee of conformity.
Under the terms of Article L.217-8 of the same Code, the consumer may opt for the repair or replacement of the item, subject to the conditions of cost set out in Article L.217-12 of the Consumer Code.
The consumer is exempted from providing evidence of the existence of the lack of conformity of the item for twenty-four months following the delivery of the item.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Warranty of hidden defects
In compliance with the provisions of Article 1644 of the Civil Code, the consumer Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
12.3 Mediation
In the event of a dispute relating to the GTCS, the Buyer has the right to have recourse free of charge to a consumer mediator in accordance with Articles L152-1 of the Consumer Code.
A list of approved mediators is available on the website of the mediation of consumption accessible at the following address: http://www.economie.gouv.fr/mediation-conso.
The Buyer also has the possibility to file a complaint via the platform of online settlement of disputes (known as “RLL” platform) accessible by means of the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
In case of failure in the appointment of the mediator or the mediation itself, the most diligent party may refer to the competent court.
13.1. Non-waiver
The fact that ATELIER VIME refrains from demanding at a given moment the execution of any of the provisions of the GTCS cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution at a later date.
13.2. Validity of the General Terms and Conditions of Sale
If any of the provisions of the GTCS are declared null and void in whole or in part by a judge in application of a regulation in force, the other provisions and the other rights and obligations arising from these GTCS shall remain unchanged and shall remain applicable.
Any dispute concerning the application of the GTCS, their interpretation, their execution will be exclusively brought before the competent Court of the jurisdiction of Paris, subject to the imperative rules of the country of residence of the Buyer if it is a consumer.
Before referring to the competent court, the Parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of the GTCS.
The provisions of the GTCS are governed by French law regardless of the country of residence of the Buyer and/or the place of issue of the order to the exclusion of all rules of conflict applicable in international law except for the mandatory rules of the country of residence of the Buyer if it is a consumer.
For any difficulty, the Buyer can contact ATELIER VIME by phone 0466748702 or by e-mail: contact@ateliervime.com
The GTCS are expressly accepted by the Buyer, who declares and acknowledges having a perfect knowledge of them, and thus renounces to take advantage of any contradictory document and, in particular, his own general terms of purchase.