CONDITIONS OF USE

1. PRELIMINARY NOTICES

1.1 LEGAL NOTICES

www.atelierdudealer.fr (hereafter "the site") is published by the company HAINCOURT SAS (hereafter "the publisher"), Simplified Joint Stock Company, registered in the Trade and Companies Register (R.C.S.) of CAEN under number 822 928 966, and whose registered office is 3 Rue Jean Perrin, 14440 Douvres-la-Délivrande.
The publisher can be reached by telephone on 02 61 530 800 (price of a local call) or by e-mail at the following address: sav@dealerdecoque.fr
The site is hosted by the Shopify Inc. platform, whose head office is located at 151 O'Connor Street, Ground Floor, Ottawa, Ontario (Canada) and can be reached by telephone at the following number: 02 61 530 800.
The publication director and editor of this site is Mr. Louis Haincourt.

1.2 PURPOSE

This site is open and free to all Internet users. Its purpose is the online sale of textiles and customizable objects.

1.3 ACCEPTANCE OF THE GENERAL CONDITIONS

The order on this site implies the acceptance, by the Internet user, of these general conditions. The Internet user acknowledges by the same fact that he has taken full knowledge of it. This acceptance will consist in the fact, for the Internet user, of validating the present general conditions of sale and use.
This fact of validating the general conditions will be deemed to have the same value as a signature on the part of the Internet user. The Internet user recognizes the evidentiary value of the site editor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of these general conditions supposes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator if they are unable , their legal representative if they are minors.

2. PREAMBLE

As part of the use of the personalization service, customers also undertake and without any limit or reservation to:

  • use the services provided by the publisher as a good father,
  • respect the rights of third parties,
  • not to use the services of the site for commercial purposes,
  • comply with all the legislative or regulatory provisions in force,
  • not to upload content that is racist, contrary to public order or morality or contravenes a legislative or regulatory provision in force.

The use of the service by customers will be under their sole and entire responsibility. They remain responsible for their actions committed in the context of the use of this service and answer for them before the competent courts.

Any contravention of these general terms and conditions resulting in damage or constituting a violation of regulatory or legislative provisions may be pursued directly against the customer, who thereby releases the service provider from any liability in this regard. matter.

3. ORDER SUBSCRIPTION AND DESCRIPTION OF THE PURCHASING PROCESS

The availability of products is indicated on the site, in the description of each item.
In order to place an order, Internet users can select one or more items, customize them if necessary and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose.

By consulting their basket, Internet users will be able to check the number and nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will have the opportunity to remove one or more items from their basket.
On this summary, customers will also be informed of the option they have or not to exercise their right of withdrawal as well as the deadlines that apply.

If their order suits them and they wish to validate it, Internet users can click on the validate button, they will then access a form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with the personal information concerning them.

As soon as they are connected or after they have fully completed the form, customers will be invited to check or modify their delivery and billing details and then will be invited to make their payment by being redirected to this effect on the interface. secure payment.

Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable time.
Similarly and within the same period, the publisher undertakes to send the customer an e-mail summarizing the order and confirming its processing, also containing all the information relating to the order, the products ordered, their delivery. , as well as the procedures for exercising their right of withdrawal.

4.PRICE

The prices indicated on the site are inclusive of all taxes, excluding delivery costs. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. The price applicable to the customer is that in force at the time of the order.

The delivery costs will, in any case, be indicated to the customer before any payment. In this respect, it will be up to the customer to contact customer service if the place of delivery is not offered during the ordering process.
In the event of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any case be the responsibility of the customer. It is therefore the responsibility of the customer to check all this data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order.

5.RETENTION OF OWNERSHIP CLAUSE

The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the customer upon delivery.

6. PAYMENT INFORMATION

The Internet user can place an order on this site and pay by Paypal, bank card or by using credits purchased on this site beforehand.

Credit card payments are made through secure transactions. In the context of credit card payments, the site editor has no access to any data relating to the user's means of payment.

7. DELIVERY OR PROVISION

Orders are delivered by La Poste within 1 to 10 working days from full receipt of the price corresponding to the order by the publisher.

Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer during the validation of the order.
In the event of delivery of a package that is manifestly and visibly damaged, incomplete or containing damaged objects, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.

8. CONSUMER RIGHTS PROVISIONS

8.1 CUSTOMER SERVICE

The site's customer service is available from 9 a.m. to 7 p.m. (break from 1 p.m. to 2 p.m.) at the following non-surcharged telephone number: 02 61 530 800, by e-mail at the following address hello@dealerdecoque.fr or by post to the following address: ATELIER DU DEALER, 3 Rue Jean Perrin 14440 Douvres-la-Délivrande. In these last two cases, the publisher will endeavor to provide a response within three working days.

8.2 RIGHT OF WITHDRAWAL

Consumers have a period of 14 clear days from the date of receipt of the package to request reimbursement under their right of withdrawal. In order to exercise this right, it is their responsibility to return (at their expense) the package to the address of the company Atelier du dealer, 3 Rue Jean Perrin 14440 Douvres-la-Délivrande accompanied by a letter requesting reimbursement.
All returns must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be worn, soiled or damaged.
In accordance with the provisions of the Consumer Code, consumers may under no circumstances claim to exercise any right of withdrawal for orders of all products clearly personalized or made to their specifications.

8.3 EXCHANGE

The publisher offers consumers the option of requesting the exchange of a product within 30 clear days of receipt of the product. In order to exercise this right, it is their responsibility to return (at their expense) the package to the following address: Atelier du dealer, 3 rue jean perrin, 14440 Douvres-la-Délivrande accompanied by a letter requesting the exchange. By express agreement, the customer acknowledges being fully informed that the product will be exchanged at his expense: the customer will thus bear the cost of returning the returned product as well as the shipping costs of the product to be received in exchange.
All returns must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be worn, soiled or damaged.
In addition, it is recalled that customers may not under any circumstances exchange products that are clearly personalized or made to their specifications.

9. WARRANTY FOR PRODUCTS PURCHASED ON THIS SITE

In the event of a defect in a product purchased on the site, customers have, in accordance with the provisions of the civil code, the legal guarantee against hidden defects and, in accordance with the provisions of the consumer code, the legal guarantee of conformity. In order to exercise one of these rights, it is up to them to contact the customer service of the publisher.

The latent defect being a defect of the thing which, under normal conditions of use, makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed, the publisher of this site is not responsible for normal wear and tear of the products, non-compliance with their instructions for use, accidental damage or damage resulting from abnormal use of the products.

10.PERSONAL SPACE

10.1 CREATION OF SPACE

The creation of a personal space is an essential prerequisite for any order from an Internet user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information under penalty of deletion of the customer account.
Certain information will be essential for the creation of the personal space and the validation of the contract. The refusal by a member to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.

10.2 OPERATION

This space allows the customer or the member to consult all his orders made on the site and to modify the personal information concerning him.

As well as the consultation and purchase of credits that can be used to order products.

If the data contained in the personal space section were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the site editor could not be engaged, this information of an informative nature only. However, the publisher undertakes to securely store all contractual elements whose storage is required by law or regulations in force.

The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the member has knowingly provided erroneous information, during his registration and creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result.

This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts justify it.

10.3 PASSWORD

When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his personal space and the Internet user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a member's account.

11. PUBLISHER NEWSLETTER

By expressly giving their consent to this end, members accept that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (newsletter) which may include information relating to its activity and agree to receive commercial offers from the publisher of this site for products similar to those ordered.

Members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

12.PROTECTION OF PERSONAL DATA

12.1 GENERAL – PURPOSE – DURATION

Internet users are free to provide personal information about themselves. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site implies the collection, by the publisher, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information necessary to create a personal space will not be able to place an order on the site.

The data collected is necessary for the proper administration of the services offered on the site as well as for the respect by the publisher of its contractual obligations. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of the users or cases provided for by law.

The contact details of all users registered on the site are saved for a maximum period of six months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, according to current technical means, in compliance with the legal provisions in force.

12.2 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with the legislation in force, members have the right to oppose, query, access and rectify the data they have provided. To do so, all they have to do is make a request to the publisher of the site, by sending it to the following e-mail address: louis@dealerdecoque.fr, or by post to the address of the publisher's headquarters. mentioned at the beginning of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.

The controller is Mr. Louis Haincourt.

12.3 ADDRESS IP

In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow the proper administration of the services offered on the site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

The publisher must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on a judge's order). The IP address of any computer may be reconciled with the effective identity of the subscriber held by the ISP (internet service provider).

13. NOTICES RELATING TO THE COLLECTION OF "COOKIES"

13.1 GENERAL – PURPOSE – DURATION

In order to allow all Internet users an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implementation of a cookie on the computer station of the user. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be kept on the Internet user's computer for a variable period of up to one month, and may be read and used by the publisher during a subsequent visit by the Internet user to the site.

13.2 RIGHT OF OPPOSITION TO THE IMPLEMENTATION OF THE COOKIE

The Internet user has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or functionalities provided by the publisher, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation for thereby.

13.3 SUPPRESSION DES COOKIES

Internet users also have the option of deleting cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action does not affect their navigation on the site, but causes users to lose all the benefit provided by the cookie. In this case, they will have to enter all the information concerning them again.

14. EXEMPTION FROM LIABILITY OF THE PUBLISHER WITHIN THE FRAMEWORK OF THE EXECUTION OF THIS AGREEMENT

In the event of impossibility of access to the site, due to technical problems or of any kind, the customer cannot claim any damage and cannot claim any compensation.

The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the granting of damages from the site or of its publisher.
The publisher can in no way be held responsible for the non-performance or poor performance of the contract which may be directly or indirectly attributable to the act of the customer or to a case of force majeure, within the meaning given to it by the courts of French law. .
The visual representations of the products, published on the site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the publisher who can in no way be held liable for this fact.

The hypertext links present on the site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm.

15. INTELLECTUAL PROPERTY RIGHTS RELATING TO MATERIALS PUBLISHED ON THIS SITE

All the elements constituting this site are protected by the legislation relating to intellectual property.

Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against them by the publisher or his successors in title.

This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.

16. MODIFICATION OF THE GENERAL CONDITIONS

These general conditions may be modified at any time by the publisher of the site or his agent. The general conditions applicable to the customer are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

17. APPLICABLE LAW AND COMPETENT COURTS

These general conditions are subject to the application of French law and the jurisdiction of the French courts. The language of the contract is French.

18. AMICABLE SETTLEMENT OF DISPUTES

Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of the site editor with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action.

19. SEVERABILITY

If one of the clauses of these general conditions were to be declared null by a court decision, this nullity cannot result in the nullity of all the other clauses, which would continue to produce their effect.

20.NO WAIVER

The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver to avail themselves of the rest of the general conditions.