ARTICLE 1: Scope
These General Terms and Conditions of Sale are applicable, without limitation or reservation, to all the sales contracted by the company Atelier Hubertine, hereafter referred to as the “Seller” with no professional buyers, willing to purchase the products offered for sale by the Seller on his or her website at the following address: www.atelierhubertine.com. These Terms and Conditions are applicable to the exclusion of any other terms and conditions, including those applicable to the store sales or by means of other distribution and marketing channels. These General Terms and Conditions of Sale are available online at any time and will prevail, if such is the case, on any other conflicting version or document. The changes to these General Terms and Conditions of Sale are opposable to the users of the website from their online publication and cannot be applicable to transactions contracted previously. Unless it is proven otherwise, the data recorded by the Seller constitute the proof of all transactions.
Products offered shall be construed as within the limits of available stocks. Information on product availability are provided on each product description. The validation of the order by the Buyer is worth acceptance without reservation of these General Terms and Conditions of Sale.
ARTICLE 2: Orders
The Buyer shall be responsible for selecting the products he or she is willing to order online, under the following procedure: after choosing the products, the Buyer confirms the content of his or her basket, and validates his or her order. The buyer shall enter his or her billing address which will be similar to his or her shipping address, unless instructed otherwise. The Buyer will then be able to validate his or her order by secure payment. The sale shall be considered as final after the sending to the Buyer of the confirmation of the Seller with the invoice, by email.
ARTICLE 3: Prices
The products are supplied according to the prices mentioned on the website at the time of the order recorded by the Seller. Prices shall be given in euros including all taxes. Value added tax (VAT) shall not apply to sales in countries outside the European Union.
ARTICLE 4: Payment terms
The price shall be payable in cash, in full, on the date the order is placed by the Buyer by secure payment. The Seller will have no obligation to deliver the products ordered by the Buyer if the latter does not pay the full amount under the Terms and conditions set forth above. Payments by the Buyer will be considered as final only after the Seller has collected the due amount. Moreover, the Seller retains the right, in case of non-compliance with the payment terms stated above, to suspend or cancel the delivery of the pending orders made by the Buyer.
ARTICLE 5: Delivery
Orders placed by the Buyer on the website ‘atelierhubertine.com’ are sent from France within 24 to 72 hours after receipt of payment.
Several delivery options are available in France and to countries listed on the website www.atelierhubertine.com, which are accessible by one of our carriers.
Delivery charges vary according to the destination, weight, and amount of the order. All our shipments are insured ad-valorem.
The Buyer is informed before validating his or her order of the delivery charges which will be applied to it by the selected carrier. The delivery tracking will be announced to the Buyer by email.
The delivery will depend on the bank verification necessary to the proper functioning of the process. In case of delay, the Seller shall make every effort to contact the Buyer by phone or email. All deadlines mentioned are calculated in working days. The indicated deadlines on the website www.atelierhubertine.com are average deadlines generally observed.
The Seller is not liable for the custom expenses applicable to goods shipped outside the EEC. Custom expenses shall be payable by the Buyer under the Terms and Conditions effective at Buyer’s destination.
If at the time of delivery the original package is damaged, torn, or unsealed, the Buyer must check the condition of the goods. If these have been damaged, the Buyer must refuse the package without fail and write a damage claim on the delivery notice form (package refused because it is open or damaged).
Delivery will be deemed to have taken place as soon as the Buyer receives the products ordered.
ARTICLE 6: Right of withdrawal
The proposed product is a woven item. This manufacturing process can cause inherent defects, such as weaver knots or floated yarns.
These distinguishing marks do not compromise the qualities of the wrap. However, if the Buyer is not fully satisfied with his or her purchase, for whatever reason, he or she can withdraw in accordance with the provisions of article L. 121-20 of the French Consumer Code, within 14 working days following the delivery of the products to send these back to the Seller (Service Clients Atelier Hubertine, 1 rue Chapsal, F – 94340 Joinville-Le-Pont) and ask for its refund, provided that the products are sent back in perfect condition within the 14 days following the delivery in their original package and with the respective user manual. Articles which have been washed, used, soiled, damaged or are incomplete cannot be returned. The expenses of return are the responsibility of the Buyer. Before returning any package, the Buyer must fill our online form.
ARTICLE 7: Seller’s liability – Warranty
The products supplied by the Seller are covered, in accordance with the legal provisions,
– with the legal warranty of conformity,
– with the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use. All warranties are excluded in cases of bad use, neglect, or lack of maintenance by the Buyer, as well as in the case of fair wear and tear, accident, or force majeure, and the Seller’s warranty is limited to the replacement or refund of the non-conforming or defective products. The Seller will replace or will have the products or items under warranty deemed to be faulty repaired. The products sold on the website www.atelierhubertine.com comply with the French legislation in force. The Seller cannot be held liable in case of non-respect of the regulations in force in the country of delivery, which the Buyer must check. The Buyer is exclusively liable for the selection of the products, their keeping and their use. The Seller will not be considered responsible nor at fault for any delay or non-delivery due to a case of force majeure as usually recognized by French jurisdiction.
ARTICLE 8: Data Protection Act
The collected data is handled by computer processing in order to manage the billing and shipping of your articles, to ensure a high-quality customer service and to receive newsletters and commercial offers from Hubertine for products and services similar to those you have ordered.
The recipient of the data is Hubertine’s customer service. In application of the Data Protection Act of 6 January 1978 modified in 2004, you may exercise your rights to access and modify your personal data by contacting us at firstname.lastname@example.org. You can also oppose, for legitimate reasons, the processing of your personal data.
ARTICLE 9: Intellectual property
The website content is the property of the Seller and its partners, and is protected by French and international legislations related to intellectual property. Any total or partial reproduction of this content is strictly forbidden.
ARTICLE 10: Applicable law – Language
These General Terms and Conditions of Sale are governed and subject to French law. In case of translation into one or more languages, the French version shall be the only authoritative text in the event of litigation.
ARTICLE 11: Litigation
All litigation to which this contract may give risk concerning its validity, interpretation, performance, cancellation, its consequences and its follow ups, will be submitted to the competent courts under the provisions of French common law.
ARTICLE 12: Buyer’s acceptance
The fact that a legal or natural person places an order on the Seller’s website implies full adherence and acceptance of these General Terms and Conditions of Sale, which is explicitly understood by the Buyer, who agrees in particular not to recognize any contradictory document, which would be unenforceable against the Seller.
1 rue Chapsal • 94340 Joinville-le-pont • France
Siret number: 807955232 (French Trade and Companies Register – city of Créteil) • VAT number: FR 26 807955232