Terms & conditions

PREAMBLE

The pieces produced by ATELIER O.M.A are entirely handcrafted. They may therefore vary from one another in terms of shape, colour, texture and material.

ARTICLE 1. ACCEPTANCE – ENFORCEABILITY

These General Terms and Conditions of Sale (GTCS) apply ipso jure to all sales of products (hereinafter referred to as “Products”) concluded by the company ATELIER O.M.A, registered in the Lyon Trade Register under the number 88516175200013 (hereinafter referred to as “THE SELLER”) with any purchaser (hereinafter referred to as “THE CUSTOMER”) who accepts them and who acknowledges having full knowledge of them and thereby waives the right to rely on any contradictory document. No document other than these General Terms and Conditions may create obligations for the parties or derogate from these General Terms and Conditions unless it is in writing and signed by the parties. The General Terms and Conditions of Sale are accessible at all times on the ATELIER O.M.A website and shall prevail, where applicable, over any previous version or any other contradictory document. The Customer has the option of requesting that the GCS be sent to them by ATELIER O.M.A by e-mail. They may also save, edit or copy them, it being specified that saving, editing or copying this document is their sole responsibility, as these GTC may be subject to change. Amendments to these GTC are enforceable against Customers from the time they are posted online and apply to transactions concluded after their posting online.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION

Prior to placing an order and concluding the contract, the Customer acknowledges having been informed, in a legible and comprehensible manner, of these GTC and of all the following information: the essential characteristics of the Products; the price of the Product and of the transport costs; information relating to the identity of the seller ATELIER O.M.A, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal, legal guarantees; the possibility of having recourse to a consumer mediator.

ARTICLE 3. ORDERS

The Customer may view the various products offered for sale by ATELIER O.M.A on the Atelier O.M.A website and browse freely through the various pages of the website, without being bound by any order.

If the Customer wishes to place an order, he/she will select the various Products in which he/she is interested, and will express this interest by clicking on the “Add to basket” box. At any time on the website, the Customer may:

• obtain details of the Products they have selected by clicking on “View my basket”.
• continue their selection of Products by clicking on “Continue shopping”.
• complete their selection of Products and order them by clicking on “Checkout”.

After reading the order form, and once all the information requested has been completed by the Customer, the latter will tick the box indicating acceptance of these general terms and conditions of sale and click on “Confirm order”. This second click constitutes an electronic signature. This signature is binding on the Customer in the same way as a handwritten signature. The order form will be recorded on the SELLER’s computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the Customer’s commitment. The Customer may choose the method of payment they wish from among those offered by THE SELLER and will proceed to pay for the Products under the conditions set out in article 6.

Order summary. Once the Customer has validated his/her method of payment on the Site, a summary of the Customer’s order will be displayed, including the transaction number. The sale will only be considered definitive once the summary of the order has been displayed by THE SELLER, which is equivalent to an acknowledgement of receipt of the order. An e-mail will then be sent to the Customer summarising the order when it is recorded (hereinafter referred to as the “Contract”).

In any event, THE SELLER reserves the right to refuse any order or any delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal to authorise payment by bank card by banking organisations. The SELLER may not be held liable in such cases.

Order tracking. The Customer may at any time consult the status of his/her order by consulting the “My Orders” section. This tracking enables the Customer to find out the status of his/her order, as well as the status of dispatch or delivery of his/her parcels. The Customer may contact the SELLER’s customer service department at any time to be informed of the progress of his/her order (06.73.84.49.85 /alice@atelier-oma.com).

ARTICLE 4. PRODUCT AVAILABILITY

The Products offered on the Website are only valid while stocks last. Availability may vary on the same day depending on the level of sales recorded by THE SELLER. THE SELLER updates availability very frequently on the Website, but may not be held liable if stock is not identical to that indicated on the Website. In the event that a Product is not available after the Customer has placed an order, THE SELLER undertakes to inform the Customer by e-mail within eight (8) days from the date of the order and to inform the Customer of the waiting period for receipt of the Product. If the Customer so wishes, they may request the cancellation of the order (reimbursement by bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting THE SELLER by email or by telephone using the contact details given in article 7.

ARTICLE 5. DELIVERY – RISKS

5.1. Delivery refers to the transfer to the Customer of physical possession or control of the Products. Delivery is only possible after confirmation of payment by the SELLER’s bank.

5.2. THE SELLER offers to deliver the Products by post or carrier, the costs of which are set out in the Contract.

5.3. Unless otherwise agreed, the Products are delivered to the Customer at the place indicated in the Agreement. The SELLER shall not be held liable for any subsequent change of address by the Customer that was not notified to the SELLER or for any error in the Customer’s contact details provided by the Customer.

5.4. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

5.5. If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip (“parcel refused because opened or damaged”). The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (Product missing in relation to the delivery note, damaged package, broken Products, etc.). This verification is considered to have been carried out once the Customer, or a person authorised by the Customer, has signed the delivery note.

ARTICLE 6. PRICE – PAYMENT

6.1. The Products are sold at the current prices shown on the website when the order is registered by THE SELLER. Prices are quoted in Euros and include VAT. They do not include transport and delivery costs, which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order and which are communicated to the Customer before the order is placed.

THE SELLER reserves the right to modify its prices at any time, it being specified that the price indicated on the order form issued by THE SELLER is the final price and includes transport and delivery costs.

In the event of an order to a country other than mainland France, the CUSTOMER is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of ATELIER O.M.A. They will be borne by the CUSTOMER and are the CUSTOMER’s responsibility both in terms of declarations and payment to the authorities and competent bodies of the country concerned.

6.2. The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment. The Customer must provide the name of the cardholder, the bank card number, the type of card, the expiry date and the cryptogram number (3-digit number on the back of the bank card). The Customer will automatically be transferred to the electronic payment server of the SELLER’s bank. The bank’s server is secured by its electronic payment terminal so as to protect all data relating to means of payment as effectively as possible. The Customer acknowledges that at no time will the Customer’s bank details pass through the SELLER’s computer system, and the SELLER cannot therefore be held liable in the event of fraudulent removal of the Customer’s bank details. The transaction is immediately debited from the Customer’s bank card once its details have been verified. If it is impossible to debit the amount, the Customer’s order will be cancelled.

6.3. THE SELLER shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the conditions set out above. The payment itself will only be deemed to have been made once THE SELLER has actually received the funds.

6.4. An invoice is drawn up by THE SELLER and given to the Customer upon delivery of the Products ordered.

6.5. Any sum not paid by the due date shall automatically give rise to late payment interest corresponding to three times the legal interest rate. This interest will be due until the date of payment of the sum due, including interest.

ARTICLE 7. RETENTION OF TITLE

IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER.

ARTICLE 8. OBLIGATIONS OF THE CUSTOMER

THE SELLER points out that non-emancipated minors are incapable of contracting. In general, the Customer guarantees that he/she is the holder of the bank card used for payment. Consequently, the Customer at the origin of the order for Products guarantees THE SELLER against all the damaging consequences of the unauthorised and/or fraudulent use of a third party’s bank card.

ARTICLE 9. GUARANTEE – LIABILITY

9.1. The Products supplied by THE SELLER benefit, in accordance with legal provisions, from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code, and from the guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions provided for in articles 1641 et seq. of the French Civil Code.

9.2 Legal guarantee of conformity

9.2.1. Article L217-4 of the French Consumer Code: the seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

9.2.2. Article L217-5 of the French Consumer Code: the goods conform to the contract:

1° If it is fit for the use normally expected of similar goods and, where applicable :

• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
• whether it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2°Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

9.3. Warranty for hidden defects

9.3.1. Article 1641 of the French Civil Code: the seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

9.3.2. Article 1648 paragraph 1 of the French Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

9.4. Implementation

9.4.1. Any request for a legal guarantee under the guarantee of conformity or hidden defects must be made to the SELLER (Address: ATELIER O.M.A 73 Clos du Pesselin – 69380 Chasselay – France; Tel 06.73.84.49.85; e-mail: alice@atelier-oma.com ) as guarantor of the conformity of the Products to the contract.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

9.4.3 Guarantee against hidden defects

If the Customer decides to invoke the warranty for hidden defects within the meaning of article 1641 of the Civil Code, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

9.5. THE SELLER will not be considered responsible or in default if it can prove that the delay or non-performance is the result of a case of force majeure or is attributable to the customer.

ARTICLE 10. PERSONAL DATA

In order to manage the Customer’s order, ATELIER O.M.A will be required to process the Customer’s personal data. This data is necessary for the management of the order and also to improve the services and information sent to the Customer. They may also be submitted to the companies that contribute to this relationship, such as those responsible for. The execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the law of 6 January 1978, you have the right to access, rectify and object to nominative information and personal data concerning you, directly on the website.

ARTICLE 11. INTELLECTUAL PROPERTY

The content of the website is the property of the company ATELIER O.M.A, registered in the Lyon trade register under number 88516175200013, whose registered office is located at 73 Clos du Pesselin, 69380 Chasselay and the intellectual property rights on the Products ordered, which are protected by French and international laws relating to intellectual property, are the property of the SELLER. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 12. APPLICABLE LAW – SETTLEMENT OF DISPUTES

12.1. All the clauses in these GCS and all the sales transactions referred to herein are subject to French law.

12.2 In the event of a dispute, an amicable solution will be sought between the parties. The Customer is informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative dispute resolution method. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, THE SELLER subscribes to the service of the Lyon mediator. After the Customer has first approached the SELLER in writing, the mediator may be contacted for any consumer dispute which has not been settled. To find out how to contact the mediator, click here.

The Customer may also submit any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Customer’s complaint to the competent national mediators notified.

12.3. If no agreement is reached within two (2) months of notification of the dispute to the other party, all disputes to which these GCS may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, will be submitted to the competent courts under the conditions of common law.