Terms and Conditions of sale

Terms and Conditions of Sale

These terms of sale are concluded on the one hand by the company "atelier-art-terre" whose head office is located in Saint Raphaël, registered with the Chamber of Trades and Crafts of the PACA region under the Siret number: 884 554 676 000 12 hereinafter referred to as "Atelier Art Terre" and managing the Atelier Art Terre website (atelier-art-terre.fr) and, on the other hand, any natural or legal person wishing to make a purchase via the Atelier Art Terre website (atelier-art-terre.fr) hereinafter referred to as "the buyer".

Article 1. Purpose

These terms of sale aim to define the contractual relationship between atelier-art-terre and the buyer and the conditions applicable to any purchase made through the Atelier Art Terre website (atelier-art-terre.fr). The acquisition of a product through this site implies unreserved acceptance by the buyer of these terms of sale, which the buyer acknowledges having read prior to their order. Before any transaction, the buyer declares on the one hand that the purchase of products on the Atelier Art Terre website (atelier-art-terre.fr) is not directly related to their professional activity and is limited to strictly personal use and on the other hand that they have full legal capacity, allowing them to engage under these general terms of sale.

The company atelier-art-terre reserves the right to modify these terms of sale at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The products offered are those listed on the Atelier Art Terre website (atelier-art-terre.fr) of the company atelier-art-terre, within the limits of available stocks. The company atelier-art-terre reserves the right to modify the product assortment at any time. Each product is presented on the website with a description of its main technical characteristics. The photographs are as accurate as possible but do not bind the seller. Each piece being handmade, sizes vary from one piece to another, and the description is given for information purposes only. Decorative elements such as glaze are also subject to differences and therefore cannot be identical from one piece to another. The sale of products presented on the Atelier Art Terre website (atelier-art-terre.fr) is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.

Article 3. Prices

The prices listed on the product sheets of the online catalog are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The company Atelier Art Terre reserves the right to modify its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include shipping costs, which are charged in addition to the price of the products purchased according to the total amount of the order.

Article 4. Order and Payment Terms

Before any order, the buyer must create an account on the Atelier Art Terre website (atelier-art-terre.fr). The account creation section is directly accessible from the side menu bar. Each visit, the buyer, if they wish to order or consult their account (order status, profile, etc.), must identify themselves using this information. The company atelier-art-terre offers the buyer to order and pay for their products in several steps, with 3 payment options to choose from:

• Payment by check: The buyer selects the products they wish to order in the "cart", modifies if necessary (quantities, references, etc.), verifies the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: "Payment by check". Finally, the last step offers them to verify all the information, read and accept these general terms of sale by checking the corresponding box, then invites them to confirm their order by clicking on the "Confirm my order" button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of their order. To finalize their payment and trigger the processing of their order, the buyer must print this order form, accompanied by their check made out to "atelier-art-terre" at the following address:

  Atelier Art Terre 177 chemin de la roche trouée 83840 Trigance

  No cash payment should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed, and the buyer will be informed by email. The company Atelier Art Terre will ship the products no earlier than 2 working days after the check corresponding to the order has been cashed, subject to availability.

• Payment by bank transfer: The buyer selects the products they wish to order in the "cart", modifies if necessary (quantities, references, etc.), verifies the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: "Payment by bank transfer". Finally, the last step offers them to verify all the information, read and accept these general terms of sale by checking the corresponding box, then invites them to confirm their order by clicking on the "Confirm my order" button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of their order. To finalize their payment and trigger the processing of their order, the buyer must contact their bank to make the transfer corresponding to the amount of their order to the bank account of Atelier Art Terre, whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed, and the buyer will be informed by email. The company Atelier Art Terre will ship the products no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to availability.

• Secure payment by PayPal or credit card (via the PAYPAL system): The buyer selects the products they wish to order in the "cart", modifies if necessary (quantities, references, etc.), verifies the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: "Payment by PayPal". The next step offers them to verify all the information, read and accept these general terms of sale by checking the corresponding box, then invites them to confirm their order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface to securely enter their PayPal account or personal credit card details. If the payment is accepted, the order is registered, and the contract is definitively formed. Payment by PayPal account or credit card is irrevocable. In case of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the amounts paid will then be re-credited or refunded. The responsibility of the holder of a credit card is not engaged if the contested payment has been proven to be made fraudulently, remotely, without physical use of their card. To obtain the refund of the fraudulent debit and any bank charges that the operation may have caused, the cardholder must contest the debit in writing with their bank within 70 days of the operation, or 120 days if the contract binding them to it provides for it. The amounts debited are refunded by the bank within a maximum period of one month after receipt of the written contestation made by the holder. No restitution fees of the amounts can be charged to the holder.

Confirmation of an order implies acceptance of these terms of sale, acknowledgment of having perfect knowledge of them, and waiver of the right to invoke their own terms of purchase. All the data provided and the recorded confirmation will be proof of the transaction. If the buyer has an email address and has provided it on their order form, the company Atelier Art Terre will communicate the confirmation of the registration of their order by email.

If the buyer wishes to contact the company Atelier Art Terre, they can do so either by mail at the following address:

Atelier Art Terre 177 chemin de la roche trouée 83840 Trigance

or by email at the following address: info@atelier-art-terre.fr, or by phone at 0785362125.

Article 5. Retention of Ownership

The company Atelier Art Terre retains full ownership of the products sold until full payment of the price, including principal, fees, and taxes.

Article 6. Withdrawal

In accordance with Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or refund without penalty, except for return shipping costs.

Article 7. Delivery

Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO, a delivery service with tracking, delivered without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated, and the buyer reimbursed. The company Atelier Art Terre may provide the buyer with the tracking number of their package by email. The buyer is delivered to their home by their postal carrier. In the absence of the buyer, they will receive a delivery notice from their postal carrier, allowing them to collect the ordered products from the nearest post office within a period indicated by the postal services. The risks related to transport are the responsibility of the buyer from the moment the items leave the premises of the company Atelier Art Terre. The buyer is required to check, in the presence of the postal carrier or delivery person, the condition of the packaging of the goods and their contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Warranty

All products supplied by the company Atelier Art Terre benefit from the legal warranty provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned to the company Atelier Art Terre, which will take it back, exchange it, or refund it. All claims, requests for exchange or refund must be made by mail to the following address:

Atelier Art Terre 177 chemin de la roche trouée 83840 Trigance

within thirty days after delivery.

Article 9. Liability

The company Atelier Art Terre, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service interruption, or other involuntary problems.

Article 10. Intellectual Property

All elements of the Atelier Art Terre website (atelier-art-terre.fr) are and remain the intellectual and exclusive property of the company Atelier Art Terre. No one is authorized to reproduce, exploit, or use in any way, even partially, elements of the site whether in the form of a photo, logo, visual, or text.

Article 11. Personal Data

The company Atelier Art Terre is committed to preserving the confidentiality of the information provided by the buyer, which they may be required to transmit for the use of certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the user has the right to access, modify, and delete information concerning them. They can make the request at any time by mail to the following address:

Atelier Art Terre 177 chemin de la roche trouée 83840 Trigance