Terms and conditions
GENERAL TERMS AND CONDITIONS AND LEGAL INFORMATION
1. PREAMBLE AND LEGAL INFORMATION
1.1. This website www.atelierfaire.be is managed and owned by Atelier Faire srl (hereinafter the “Company”) with registered office at Avenue du Cimetière de Bruxelles 34, 1140 Brussels – Belgium, company registration number BE 0844.389.948, e-mail: firstname.lastname@example.org.
Atelier Faire srl designs, creates, manufactures and markets metal structures (doors, stairs, gates, screens, terraces, furniture, lighting, etc.) mainly from steel, glass and wood, hereinafter the “Products”.
1.2. Access to and use of this site are subject to prior acceptance of these terms and conditions. By visiting this site and using the information it contains, you are tacitly agreeing to the terms and conditions.
1.3. The Company reserves the right to amend these terms and conditions at any time.
1.4. The Company endeavours to keep the site secure. However, you disclose information about yourself at your own risk.
The Company does not guarantee that the information contained in the site is accurate or complete, and cannot be held liable for any errors, missing information or any viruses present on the site.
1.5. All components of the site are the sole property of the Company. Any total or partial reproduction of the site or its databases, by any process whatsoever, is prohibited. The Company’s Products and all its figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, industrial designs and logos appearing on the products sold online by the Company, their accessories or packaging, whether registered or not, are and remain the property of the Company. It is strictly prohibited to reproduce in whole or in part, download, modify or use these trademarks, illustrations, images, logos and industrial designs for any reason and by any means whatsoever, without the express prior written consent of the Company. The same prohibition shall apply to any distinctive sign intended to form a composite logo. Any act of forgery or aiding and abetting forgery will be prosecuted.
It is also strictly prohibited:
– to create hypertext links to pages or components of the site;
– to use any of its components (products shown, descriptions, prices, data, software, graphics, images, photographs) for sale or any other direct or indirect commercial use.
1.6. These general terms and conditions govern the sale of Products on the website www.atelierfaire.be. Simply placing an order implies the express acceptance of these terms and conditions.
1.7. These terms and conditions take precedence over all other conditions, particularly those of the Customer or potential partners. Any waiver of these conditions shall be subject to an express agreement in writing between the parties.
2.1. Information (description, definition, reproduction of products, detailed description: properties, characteristics and composition) on the products offered for sale is provided on the website. While it strives to ensure the accuracy of the information provided online, namely the descriptions of the Products and the data provided on the website, and updates it regularly, the Company may not be held liable for any non-material errors that may occur. Similarly, although the photographs and other reproductions accurately represent the Products on the website, within the limits of the technology and in accordance with the highest standards of the Internet, they are indicative and have no contractual value. In all cases, should any Product delivered fail to match its description, the Company undertakes to correct such an error, within the meaning of Articles 6 and 9.2 below.
3.1. The prices displayed on the site are given in euros, including shipping and VAT. Any import tax is to be borne by the buyer.
3.2. The Company reserves the right to change its prices at any time, but prices invoiced are those in force on the date of confirmation of the order.
4.1. To place an order on the site, the Customer must be of legal age and have legal capacity.
4.2. To place an order, the Customer must fill in a Reservation Request Form, which includes certain fields which are mandatory for the order to be valid.
4.3. Orders will be accepted while stocks last. If, despite the Company’s efforts, the Products ordered are no longer available, the Company shall inform the Customer by any means (telephone or e-mail) as soon as possible and, if the invoice has already been paid, shall refund the Customer’s deposit payment. The Company shall not be liable for any shortage or unavailability of the Products.
4.4. The Customer undertakes to ensure that all information provided to the Company on the site or by telephone, in the context of an order, complies with these general terms and conditions of sale, and is complete, accurate and up-to-date. Otherwise, the Company may simply cancel the order and the payment.
4.5. For retail sale, the Company may refuse any anomalous order.
4.6. The Company may refuse any order:
– (i) made by a Customer with whom there is a dispute relating to the payment of a previous order; or
– (ii) which does not comply with these general terms and conditions of sale.
4.7. If the Company finds that the order does not comply with these general terms and conditions of sale (such as incorrect delivery address, exceeding the order thresholds), the Company shall inform the Customer within no more than six (6) days by telephone or e-mail.
If the Customer fails to correct such errors or non-compliances, the Company reserves the right to simply cancel the order and the payment.
4.8. Web reservation requests are subject to the strict procedures set out below on the screens. The Customer must comply with the following steps to complete the purchase:
4.8.1. STEP ONE: SELECTION OF PRODUCTS BY THE CUSTOMER
The Customer selects, enters and validates the Products to be reserved (which the Company confirms as being available).
4.8.2. STEP TWO: CHECKING OF PRODUCTS SELECTED
The customer may check the details of the reservation and the total price before finally confirming the reservation and accepting the order.
4.8.3. STEP THREE: RECEIPT OF THE RESERVATION REQUEST BY THE COMPANY
Within no more than six (6) days after the confirmation of the reservation request, the Company shall acknowledge receipt by e-mail (to the address provided by the Customer). This acknowledgement shall include the availability of the requested Products and the terms of payment of the order. The sale shall be considered final only after the Customer has paid for the order.
4.8.4. STEP FOUR: SHIPPING INFORMATION
Once the invoice has been paid and received, the Company shall inform the Customer of the dispatch time and tracking number for the shipment of the order on the website of the carrier, selected by the Company. The Customer will be notified of the delivery date at the same time,.
5. DELIVERY DATE AND ACCEPTANCE CONDITIONS
5.1. Shipping costs shall be borne by the Company.
5.2. The goods shall be shipped to the address provided by the Customer during the ordering process (see section 4.2 above). Please note that the Products may be delivered only to:
– a regular Customer, or
– to the delivery address given by the Customer when ordering; that address must correspond to the usual place of residence of a third party beneficiary chosen by the Customer; or
– failing that, to the address of the company at which the Customer works.
Shipment may not in any case be made to hotels or post office boxes.
The Company also offers customers the option of delivery via an authorised Atelier Faire retailer selected from the online list of authorised retailers.
5.3. The Customer or its representative must sign for the delivery. The Customer must be present at the delivery times given by the Company’s carrier.
5.4. Products shall be shipped after payment in full of the order.
5.5. Products ordered shall in principle be delivered within 30 (thirty) days of receipt of full payment by the Company.
5.6. If during delivery, the packaging shows signs of external damage, the Customer shall open it in the presence of the carrier to check the condition of the Product, and shall notify the carrier of any reservations, in particular on the delivery note, and shall also notify the Company forthwith by e-mail: email@example.com
6. COMMENCEMENT OF THE GUARANTEE
6.1. Any non-compliance with the order or any defects must be notified by e-mail within 5 (five) calendar days of delivery, failing which they shall not be accepted.
In any case, the delivery may be refused or declared non-compliant if the Product delivered does not strictly conform to the example product in terms of colour or size, although minor differences may occur as the Products offered for sale are hand-made.
6.2. Once this 5 (five)-day period has elapsed, only the provisions of the Civil Code relating to hidden defects may apply.
6.3. If claims under the guarantee are admissible and well-founded, the Company’s liability shall be limited to replacing one or more defective items sold, and shall not otherwise discount or cancel the sale, which is never allowed if the defect is minor.
6.4. Under no circumstances may the value of the guarantee provided by the Company exceed the selling price of the Product, and in the event of a refund to the Purchaser, any use made of the Product before the failure shall be taken into account.
6.5. The Company may not be held liable for any other damage suffered by the Purchaser or a third party.
6.6. The guarantee provided by the Company shall not apply where the defect arises from, or coexists with, a defect in the Product sold, from incorrect or inadequate maintenance, improper use or, more generally, any error made by the Purchaser or by any person acting under its responsibility.
7.1. Purchases shall be paid for by bank transfer to the Company’s account, as laid down in the Company’s e-mail confirming the order (see 4.8.3 above).
7.2. The Product ordered shall be shipped only after full payment. In any event, should one or more Products ordered be delivered, despite non-payment or partial payment, the Company shall retain ownership of the Products and may without formal notice claim payment and, at its discretion, charge annual interest of 12% and a contractual indemnity of 15% of the price of the Products, of no less than €70.
8.1. Products are always shipped at the risk of the recipient. In the event of force majeure that delays or makes it impossible to fulfil the order, the Company reserves the right, after notifying the Customer, to suspend or terminate its commitments, without entitling the Customer to claim any compensation.
9. RIGHT OF WITHDRAWAL – RETURNS
9.1. The Customer may exercise its right of withdrawal, with no need to state any grounds, for up to 14 (fourteen) calendar days of receiving the Products. In this case, the Customer may opt to return the Products delivered during such period in their original packaging, in perfect condition, and complete (accessories, manuals, guarantee, etc.).
The customer must keep all evidence of having returned the Products, meaning that they must be returned by registered mail, or by any other means providing proof of the date. In all cases, the cost of the return shall be borne by the Customer.
The price invoiced for the returned Products shall be refunded by crediting the Customer’s bank account using the bank details provided by the Customer when ordering on the Site, no later than 30 (thirty) days after the Company receives the returned Products. At the Customer‘s discretion, the Company shall issue a credit note for a future order of an amount equivalent to the order concerned. In this case, the Customer shall opt for a credit note by sending an e-mail.
Where Products are returned incomplete, broken, soiled or damaged by the Customer they shall not be refunded in full and shall in any case result in the issue of a voucher for an amount equivalent to the initial order.
9.2. If the Products supplied are not as ordered, the Customer must notify the Company as soon as possible by e-mail as per Article 6.1., explaining how the products do not correspond to the order and, subject to the agreement of the Company, return the Products concerned in their original packaging, in perfect condition, complete (accessories, manuals, guarantee, etc.) and accompanied by a copy of the invoice and the return/exchange form to the address given on the form.
The Product must be returned by registered mail, or by any other means proving the date. If it is established that the Product is not as ordered, the return shipping cost shall be borne by the Company. If the Customer has opted for delivery to an Authorised Atelier Retailer, the Customer must contact that Authorised Retailer for the return. The return and cost thereof shall be borne by the retailer.
9.3. If the returned Products are not exchanged, and if the Customer does not wish to accept credit for future purchases, the invoiced price of the returned not-as-ordered Products shall be refunded by crediting the Customer’s bank account, no later than 30 (thirty) days of the Company receiving the returned Products. The return and shipment expenses for not-as-ordered Products shall be refunded by crediting the Customer’s bank account once the Company has received the Customer’s supporting document for this cost.
10. VALIDITY, APPLICABLE LAW AND COMPETENT COURTS
10.1. Should one or more clauses in these terms and conditions be void, the validity of all other clauses shall not be affected.
10.2. Contracts to which these general terms and conditions apply shall be governed solely by Belgian law. Any dispute arising shall be the exclusive competence of the courts of Brussels.
11.1. Personal data provided by customers for the proper performance of contracts governed by these general terms and conditions are stored in the Company database, unless the Customer opts out when providing the data. The data are for use by the Company. Customers have the right to consult the data concerning them and to request any necessary corrections or deletion in accordance with the Law of 8 December 1992 on the protection of privacy.
12.1. These terms and conditions are available in French, Dutch and English. In the event of any discrepancy between these three versions, the French and Dutch versions shall prevail over the English translation.