General Use Conditions
Version updated on 17/09/2018
Welcome on the ACLEA ATELIER website (www.acleaatelier.com), property of the ACLEA ATELIER company registered under the n° DE122/5619/5569 at the Tax Office of Neuss in Germany (Finanzamt Neuss).
By using the website in any manner, including but not limited to visiting and navigating on the Website, you (« the user » or « you ») accept these conditions without restrictions, including the ones referenced presented here and referenced below and/or accessible by hypertext link.
The present general conditions of use (there after « General Use Conditions ») apply to all users of the website including without limitation the « sellers », « buyers », contributors to the content, information or any other element or service on the website www.acleaatelier.comand the services proposed on the website as a whole, or any other mean by the company ACLEA ATELIER.
The website www.acleaatelier.com is the e-commerce platform of the craftsmanship, fashion, art, more globally the ACLEA ATELIER creations, which offers the sale of the creations made by ACLEA ATELIER by handmade, unique piece and limited series.
All the products for sale on the Platform by ACLEA ATELIER are designated thereafter as the « Products » .
1.1 « Buyer » : designate a person that has shown his interest to at least one product by a ordering to ACLEA ATELIER.
1.2 « Content(s) » : designate any content supplied by ACLEA ATELIER on the Website, notably, without this list being limitative any Product, any data, information, text, any registered object, description, comment, any name, nickname, picture, photography, sound, video, logo and any element entered on the website by ACLEA ATELIER, including in a mail, on a blog or on the shop.
1.3 « Platform » : The Platform includes the whole website and as such designates any part or the whole Website.
1.4 « Product »: designate a product put on sale on the Platform by ACLEA ATELIER. The Product must be conform to the present General Conditions.
1.5 « User »: designate anybody who uses the Platform registered or not.
1.6 « Website »: designate the website at the url www.acleaatelier.com (or any other address(es) that might be substituted) and its associate sub-domains.
2. ACLEA ATELIER'S OBLIGATIONS
2.1 The Platform is an online exchange and sale space on which Products, conform to the present General Conditions.
2.2 ACLEA ATELIER is responsible for the products and services that are sold on the platform. ACLEA ATELIER ensures full support to Buyers and takes full responsibility for handling complaints, refunds and cancellations.
3. SELLER'S OBLIGATIONS
3.1 The Products on sale on the website www.acleaatelier.com are exclusively Handmade products, unique pieces and limited series.
3.2 ACLEA ATELIER commits :
(i) to indicate the complete and exact characteristics and specifications of Product on sale on the Platform and the fabrication delay, the Product price (all tax included if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
(ii) to carry out all necessary inquiries in order to fabricate or sale each Product in order for the offer to be accurate and that the Buyer might not be mistaken. ACLEA ATELIER is sole responsible of supplying the integrality of the sale offer elements notably the description, photos, price and cost and delay of delivery.
3.3 ACLEA ATELIER commits to keep all information on the Buyer confidential and do not divulgate them. ACLEA ATELIER also commits to use the contact details and other data communicated by the Buyer only for the purpose of ordering processing and the legal obligations corresponding. Notably ACLEA ATELIER commits to not propose to the Buyer products available outside the Platform and not to use the personal information of a Buyer for other objectives than the execution of the order on the Site.
3.4 ACLEA ATELIER guarantees to own all the necessary rights to sale any Product offer to sale by him on the Platform.
3.5 ACLEA ATELIER commits to respect the conditions and modalities of sales in place in his country and the Buyer, especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries' legislation, the latest legislation in Germany is the referring legislation.
3.6ACLEA ATELIER will do whatever possible to fix any litigation or issue pleasantly. If this happens, ACLEA ATELIER is then free to end the transaction by refunding the Buyer and notifying him politely.
3.7 ACLEA ATELIER commits to deliver the products to the Buyer in the delay indicated onthe website.
The manufacturing time of the made to measure product, Handmade product will depend on the nature of this one. The Buyer will be informed.
4. OBLIGATIONS OF THE BUYER
4.1 The Buyer can only create one account on the Platform. The opening of this account allows him to access the Platform and buy product on the Website, through the same account.
4.2 The Buyer commits to respect all the laws and regulation regarding the acquisition of any kind of goods.
4.3 After choosing his Product(s), the Buyer will have to verify the detail of this orders, the amounts and fill, if necessary, depending on the payment method chosen, the information allowing the payment of the Product(s) and correct eventual mistakes, the confirmation of his order by the ACLEA ATELIER being automatically good for acceptation by the Buyer.
4.4 As soon as the Buyer has ordered Product on the Platform, the Buyer accepts that his name, surname, and also his delivery address, country and town are communicated to ACLEA ATELIER.
The Buyer is also responsible to verify his communicated address and cannot hold ACLEA ATELIER responsible , in case of mistakes in the address entered.
4.5 The orders done by the Buyer are independent one from another. If one or many orders are or were not accepted by ACLEA ATELIER, the other orders of the Buyer aren't null and void and bound the Buyer. Therefore, the fact that one or many Product(s) ordered on the Platform is (are) not available is not a valid renunciation reason on the totality of the orders made, the Buyer being obligated to honor his order of the other Product(s) available.
4.6 As soon as the Product(s) ordered are received, the Buyer will confirm this reception . In the absence of reception confirmation of the Product(s) ordered, the Buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by ACLEA ATELIER, the transaction is considered finished between the ACLEA ATELIER and the Buyer.
4.7 The Buyer is responsible to read and check the integrality of the product description and ACLEA ATELIER’s shop and sales conditions, including shipping conditions, before making his purchase. The Buyer cannot retract his purchase for this reason or any request to ACLEA ATELIER for any confusion, missed information or inattention from his side.
5. SALE PROCESS
5.1 To buy on the Platform, you have to register beforehand as a Member or register as a Member at the time of the purchase.
5.2 The payment methods available on the Platform are the one put in place by our partner Paysquare.
The sale is concluded between the Buyer and ACLEA ATELIER since the confirmation of the purchase by ACLEA ATELIER on the Site.
5.3 The Buyer can add to his cart Products of several virtual shops and settle all of his cart in one time. In this case, the Buyer should settle the amount of his purchase by credit card or his PayPal account and ACLEA ATELIER must accept credit card payment. Following the payment, ACLEA ATELIER will manage the order of his Products in conformity with the stipulation of the following article 6 and more generally the present general conditions. As soon as the Buyer has finalized his order on the Website, an order confirmation will be sent to the Buyer.
5.4 ACLEA ATELIER is responsible of the expedition and shipment of the order to the Buyer, respecting the delivery delays announced to the Buyer at the time of the order and the legal dispositions applicable. The complete contact details of the Buyer will be accessible to ACLEA ATELIER once the payment done. As soon as ACLEA ATELIER is ready to expedite the order, he has to informthe Buyer, by indicating this last the delivery date or the delay necessary for the delivery. If the order is expedited by tracked mail , the Seller also commits to give the tracking number to the Buyer. The Products ordered are expedited and shipped at the risk and cost of the Seller.
In the case of expedition without tracking, ACLEA ATELIER is then responsible to send again the product at his own cost.
5.5 At the delivery, the Buyer must confirm the good reception of the order and rate ACLEA ATELIER for the transaction so that he can get access to the corresponding funds.
In the event of a sale with tracking number, ACLEA ATELIER can be manually credited of the sale amount, if the tracking indicates that the product has been received , even though the Buyer did not yet confirmed it, after been contacted again by ACLEA ATELIER to do so.
5.6 The transaction tracking can be done at any moment on the Website by the Member, using his account and evaluate ACLEA ATELIER, in order to wire the funds.
5.7 The reclamations, retraction rights use, refunding queries must be done by the Buyer to ACLEA ATELIER before the legal delay and up to 21 days maximum after the purchase.The transaction is recognized as closed automatically after 30 calendar days without confirmation or by the time the Buyer confirms the reception using his account.
Ultimately, in the lack of reactive response and action, ACLEA ATELIER is responsible to refund the buyer and ensure that he is satisfied or reimbursed for all transactions on the platform.
5.8 Once the order delivered, the Buyer can also evaluate the transaction using the evaluation system on the Website. At the end of which, the transaction will be marked as « Ended ».
5.9 The claims, retraction rights and refund requests of the Buyer must be adressed to ACLEA ATELIER conformably to the article 7. The transaction will be considered closed 21 days after the expedition by the Seller, except if there is a claim addressed by the Buyer. At any time, the Buyer can contact ACLEA ATELIER to intervene and ensure he is satisfied or refunded for any transaction.
6. RECLAMATIONS AND RETRACTION RIGHT
6.1 The reclamations, reclamation right use and refunding queries done by the Buyer must be addressed to ACLEA ATELIER at any time,if needed.
6.2 In the event of a reclamation linked to a non-conform Product or to the use of the retraction right , the Buyer pledges to send back the Product to ACLEA ATELIER. In particular the Buyer commits to pack correctly the Product and to take the effective precautions to its shipment.
6.3 The Buyer that paid a Product by credit card through the secure payment system of the Platform will be refunded on his Virtual Wallet. In the event of a refund on this Wallet the Buyer can use the Virtual Wallet to realize other purchases on the Platform or at all time ask fortransfer the amount on his wallet to be credited on his credit card used initiallybank account.
7. PLATFORM PROPERTY
7.1 The Platform, the Website, its Contents, catalogue, texts, illustrations, photographies and pictures respective , and all other visual or sound elements, including the underlying technology used, are exclusive property of ACLEAR ATELIER and/or the contract linked parties holding the intellectual properties rights pertaining to the Platform.
7.2 It is strictly forbidden to reproduce, represent and/or exploit all or part of the Platform, the Website, its content, catalogue, texts, illustrations, photography and pictures and any other visual or sound elements, including the underlying technology used, without the authorization of ACLEA ATELIER beforehand. Notwithstanding what precedes, the User of the Platform is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, to strictly private and personal use at the exclusion of all commercial and lucrative purposes.
7.3 All people that edits the Website and wishes to create a direct hyperlink to the Website must ask the authorization for ACLEA ATELIER by formal and written request. The authorization of ACLEA ATELIERwoll in no case granted in a definitive manner. This link must be suppressed at first demand of ACLEA ATELIER.
7.4 The HyperText links to the Website that use techniques such as framing and in-line linking are strictly forbidden.
8. LAW CONFORMITY
8.1 In the event of characterized fraud (fraudulent copy, embezzlement, illegal importation, etc..) or on demand ACLEA ATELIER will communicate all necessary information, including nominative, to the competent authorities in charge of the repression of the said fraud and infractions.
9. APPLICABLE LAW AND COMPETENT JURIDICTION
9.1 The present General Conditions are read and interpreted conforming to the German law.
9.2 The German courts will have competence to pronounce on the disputes susceptibles to arise between the parties relatives to the execution of the present.