E-commerce General terms and conditions Scarlette ATELIERS
The present general terms and conditions of sale are concluded by Scarlette ATELIERS to the share capital of EUR 1000 whose registered office is located in DOMAINE DE Moismont, 80120 FRANCE, registered in the Companies Register of Amiens under the number 820 872 869 hereinafter referred to as Scarlette ATELIERS and managing the website Scarlette ATELIERS, www.scarletteateliers.com and, on the other hand, by any consumer, wishing to make a purchase via.
Within the meaning of the Consumer Code, any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity shall be regarded as a consumer.
Article 1. Subject
These terms and conditions of sale are intended to define the contractual relationships between Scarlette ATELIERS and the buyer and the conditions applicable to any purchase made through the Scarlette ATELIERS website, www.scarletteateliers.com . The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read before his order. Prior to any transaction, the buyer declares, on the one hand, that the purchase of products on the Scarlette ATELIERS website, www.scarletteateliers.com is not directly related to his professional activity and is limited to strictly personal use and, on the other hand, to have full legal capacity, allowing him to engage under these general terms and conditions of sales.
Scarlette ATELIERS retains the possibility to modify these sales conditions at any time, in order to comply with any new regulations or with the aim of improving the use of its site. Therefore, the applicable conditions will be those in force on the date of the purchaser’s order.
Article 2. Products
The main characteristics of the Products, including specifications, illustrations and indications of materials, colours and dimensions, are presented on the website www.scarletteateliers.com.
The buyer is required to refer to the description of each Product before any order
The choice and purchase of a Product is the sole responsibility of the Customer in particular with regard to the colour and size aspects of the products.
The photographs and graphics presented on the website www.scarletteateliers.com,
are as faithful as possible to the products sold, however the craft character of the manufacture of the products may result in shades of colours or patterns.
In the event of dissatisfaction with the products delivered, the buyer may exercise his right of withdrawal as defined in Article 8.
The offers of Products are agreed within the limits of the stocks available, as specified at the time of placing the order.
In the event of an unavailability of the product after placing the order, Scarlette ATELIERS undertakes to inform the purchaser by e-mail upon receipt of the information as soon as possible. Your order will be automatically cancelled and the buyer immediately refunded if his account has been debited. The refund will be made directly to the customer’s bank account no later than 30 days from the date of payment of the sums paid by the buyer.
Article 3. Prices
The prices shown on the product sheets in the catalogue of the www.scarletteateliers.com website are prices in Euros (EUR) including all taxes (including taxes) taking into account the French VAT applicable on the day of the order. Any change in the VAT rate can be passed on to the price of the products.
Cependant, en application des règles de TVA applicables à la vente à distance, la TVA du pays du consommateur pourrait s’appliquer en cas de dépassement des plafonds de vente fixés au niveau européen par chaque Etat membre.
Dans ce cas l’acheteur en sera informé lors du processus de commande
Scarlette ATELIERS reserves the right to change its prices at any time, on the understanding that the price listed in the catalogue on the day of the order will be the only one applicable to the purchaser. The prices shown do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order as defined in Article 7.
Article 4. Order
4.1 - Recording an order:
The buyer wishing to buy an article visible on the website www.scarletteateliers.com, should follow the following procedure:
- At the time of his first order, the purchaser will have to fill out a form containing the following particulars: Civility, surname, first name, complete delivery address, e-mail and telephone number. It then specifies the delivery method chosen. — The buyer will choose the different products in which he has an interest and will click successively on the link “Add to my cart”.
- In order to order the chosen products, the buyer will have to identify himself, by entering his e-mail address and password. The buyer is informed and agrees that the entry of these two identifiers (e-mail address and password) is proof of his identity and manifests his consent. — If the buyer has not registered beforehand, he will have to fill out the form that will appear automatically on his first order or fill it in first by going to the “My account” section and clicking on the “Register” link. Once the user is identified, he will have to validate the delivery address and then an order form will appear summarising: The nature, quantity and price of the products selected by the user, as well as the method of payment chosen, the contact details of the user and the delivery address of the parcel.
4.2 - Validation of the order
After get acquainted with the status of his order, and once all the information requested has been completed by the buyer, the buyer will click on “Validate” to confirm his order definitively. After having validated his payment method, the buyer validates permanently and irrevocably his order with the effects indicated below.
Scarlette ATELIERS will acknowledge receipt of the order as soon as it is validated by e-mail or by any other means at its convenience, in accordance with the provisions of Article L121-19 of the Consumer Code.
The confirmation of an order entails acceptance of these terms and conditions of sale, the recognition of having full knowledge of them. All the data provided and the confirmation recorded will be proof of the transaction. If the purchaser has an e-mail address and has informed the purchaser about his purchase order, Scarlette ATELIERS will send him by e-mail confirmation of the registration of his order.
If the buyer wishes to contact the company SCARLETTE ATELIERS, he/she may do so either by post at the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE ; or by email at the following address contact@scarletteateliers.com , or by telephone on 0781343572.
In any event, Scarlette ATELIERS reserves the right to refuse any order or delivery in the event of an existing dispute with the purchaser, the total or partial non-payment of a previous order by the purchaser, the refusal of authorisation to pay by bank card, non-payment or partial payment, or the use of a Credit Card not issued by a French financial institution. Scarlette ATELIERS will not be liable under any circumstances as such.
Please note that for any order amounting to more than EUR 300, a photocopy of your ID may be requested. Please provide us with this additional part as soon as possible for a quick processing of your order.
Article 5 Payment
- Secure payment by credit card:
In order to ensure the security of payments, the www.scarletteateliers.com site uses the Stripe secure payment service. Confidential data (16-digit bank card number, expiry date and cryptogram) are directly transmitted encrypted to the bank's server without passing through the physical media of the SCARLETTE ATELIERS server. When the order is validated, the payment request is routed in real time on the Stripe secure telepayment manager. The latter sends an authorisation request to the bank card network. The telepayment manager issues an electronic certificate.
For any payment by credit card on the site www.scarletteateliers.com, the electronic certificate issued by the telepayment manager will be considered as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code as well as the electronic archiving means set up by SCARLETTE ATELIERS. In this respect, the dates and times of the server will be proof between the parties. In all cases, the validation of the order, whether payment is made by credit card directly on the site, constitutes signature and express acceptance of all operations carried out on the site. On the other hand, the due date of the sums due is that referred to in article 4.2 according to the type and method of payment.
Article 6. Offers and promotional codes
The promotional codes or sponsorship offers generated by Scarlette ATELIERS do not apply to shipping costs, unless the promotional code relates specifically to shipping costs. These are usable offers without promotion and exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
Article 7. Retention of title
Scarlette ATELIERS retains the full ownership of the products sold until the complete price collection, in principal, including fees and taxes.
Article 8. Right of withdrawal
According to article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of the costs of returning the products which will be borne by the buyer.
Right of withdrawal is applicable to EU located buyers.
However, the right of withdrawal shall not apply to:
- the supply of goods made according to the consumer's specifications or clearly personalised;
- the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
The following categories of products are therefore excluded from the right of withdrawal:
- Underwear
- Tailored made and customised products
The return of the products must allow for sale, returns of washed and/or worn clothing, as well as damaged packaging will be refused.
It will be up to the customer to return the products in their original packaging and to keep any proof of return, which presupposes that the items are returned by registered mail or by any other means of justifying the date of the shipment.
If the products cannot be returned in their original packaging, the buyer will have to return the products in a package that provides an equivalent level of protection to the original packaging.
Exercise of the right of withdrawal:
In order to assert his right of withdrawal, the consumer must inform Scarlette ATELIERS by means of the form below:
To the attention of Scarlette ATELIERS by mail to the following address: Domaine De Moismont, 80120 FRANCE or by e-mail: contact@scarletteateliers.com
I/we (*) notify you/notifications (*) hereby ma/our (*) Withdrawal of the contract relating to the sale of the products (*) below:
Ordered (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of notification of this form on paper):
Date:
(*) Delete where not applicable.
Article 7. Shipping
Deliveries are made to the address indicated at the time of the order.
Scarlette ATELIERS reserves the right to refuse to deliver orders from individuals to collective addresses such as offices, care establishments, stays. In case of delivery to a collective address, the buyer acknowledges that the obligation of www.scarletteateliers.com for the delivery of the order stops at the actual delivery to the collective address indicated in his order form, even though the shipment is not received by the final consignee but by a third party.
On the basis of the regulation limiting geographical blocking (EU Regulation 2018/302), any European consumer is entitled to order a product on the site www.scarletteateliers.com while taking care of the delivery aspects to his country of residence (or by going directly to the premises of the company Scarlette ATELIERS located at Domaine de Moismont, 80120 France to withdraw his order).
For orders made by buyers based in Metropolitan France, orders are made by La Poste via COLISSIMO.
For orders placed by buyers based outside of mainland France, delivery is made by UPS/DHL.
All validated orders are processed within 3 business days and shipped on the next business day. For deliveries outside French territory, the deadline will be 6 working days, an indicative duration not dependent on postal traffic. Please note, all orders validated on Fridays are shipped on Mondays.
Delivery times are specified when ordering; If these exceed thirty days from the date of the order, the contract of sale may be terminated and the buyer refunded.
Scarlette ATELIERS will reimburse the consumer of all amounts paid, no later than 14 days after the date of termination of the contract.
Scarlette ATELIERS will be able to provide the buyer with the tracking number of his package by e-mail.
The buyer is required to check the condition of the packaging of the goods and its contents at delivery. In case of damage during transport, any protest must be made to Scarlette ATELIERS within three days of delivery.
Article 8. Guarantee:
All products supplied by SCARLETTE ATELIERS benefit from the legal guarantee of conformity provided for by articles L217-4 and following of the consumer code.
In the event of non-conformity of a product sold, it may be returned to Scarlette ATELIERS, which will take it back, exchange it or refund it according to the buyer’s wishes and the material possibility of replacing the goods purchased. This warranty is applicable within 2 years of taking possession of the order.
The buyer also benefit from the guarantee of hidden defects pursuant to Articles 1641 et seq. of the French Civil Code.
All claims, requests for exchange or reimbursement must be made by mail to the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE.
However, any warranty will only apply provided that the damage is not caused by the buyer as a result of negligence, damage or improper use of the product.
The consumer may also request the cancellation of the sale and thus terminate the contract.
Following the termination of the contract of sale, the seller must then reimburse the consumer for all the sums paid out within 14 days of the termination of the contract (Articles L. 216-3 and L. 221-18 of the Consumer Code).
Article 9. Responsibility:
Scarlette ATELIERS, in the distance selling process, is bound only by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service disruption, or other unintentional problems.
Article 10. Intellectual Property:
All elements of the Scarlette ATELIERS website, www.scarletteateliers.com are and remain the intellectual and exclusive property of Scarlette ATELIERS. No one is authorised to reproduce, exploit, or use in any way, even partially, elements of the site in the form of a photo, logo, visual or text.
Article 11. Personal data
The information collected by Scarlette ATELIERS, controller, from the website Scarlette ATELIERS, www.scarletteateliers.com will be the subject of computer processing for the management of the buyer’s file and the execution of the sales contract, the sending of commercial information. This information is processed on the basis of the performance of the contract of sale between Scarlette ATELIERS and the buyer. This data is kept for a period of 3 years from our last contact and is intended only for commercial and accounting processing.
In accordance with Article L213-1 of the Consumer Code, for any amount exceeding one hundred and twenty euros, Scarlette ATELIERS will record evidence of the written purchase of the sale in paper or electronic form for a period of 10 years.
Only contracts in themselves, i.e. proof of the click of acceptance and applicable GTCs on the day of such acceptance, may be retained for this period of 10 years.
In accordance with Law No. 78-17 of 6 January 1978 known as “computing and freedoms” and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data (RGPD), the buyer may exercise his/her rights (access, rectification, deletion, opposition, limitation and portability if necessary) by contacting us by e-mail at: contact@scarletteateliers.com by mail Scarlette ATELIERS DOMAINE DE Moismont, 80120 FRANCE by attaching a proof of his identity.
You also have the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), in particular on its website www.cnil.fr.
Article 12. Cookies:
The only cookie that Scarlette ATELIERS created is that of the session that will be deleted when disconnecting to the site.
Article 13. Force majeure:
The Parties shall not be held liable if non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The Party observing the event shall forthwith inform the other Party of its impossibility to perform its performance and justify it to the other Party. Suspension of obligations may in no way be a cause of liability for non-performance of the obligation in question, nor may it result in the payment of damages or penalties for delay.
The performance of the obligation shall be suspended for the duration of force majeure if it is temporary.
Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other Party of the resumption of its obligation by registered letter with request for notice of receipt or any extrajudicial act. If the impediment is final, the contract will be automatically terminated.
Article 14. Entire agreement:
These general terms and conditions of sale and the summary of the order transmitted to the customer form a contractual package and constitute the entire contractual relationship between the parties.
Article 15. Applicable law:
These Terms and Conditions of Sale and the resulting transactions are governed and subject to French law.
However, this choice should not lead to depriving the consumer of a higher level of protection accorded to him by the law of his country of origin. In the event of a difference in the level of protection it will be the most favourable law to the consumer that applies.
These Terms and Conditions of Sale are in English for international buyers. However only the French text would be authentic in the event of a dispute.
Article 16. Settlement of disputes :
All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, as to their validity, interpretation, performance, termination, consequences and consequences and which could not have been resolved amicably between the seller and the buyer, shall be submitted to the French competent courts under the conditions of ordinary law.
The buyer is informed that he may in any event resort to a conventional mediation body. The Customer has the possibility to resort to Mediation through the Association of Mediators, MEDICYS to which the seller is affiliated: Https://medicys-consommation.fr/pro/
In the case of sales to buyers located in other countries of the European Union or in the European Economic Area, dispute resolution can be effected through the Online Dispute Resolution tool available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
In case of buyers located outside the European Union amicable shall be prefered, however the buyer may submit the dispute to the Courts of the seller’s location.