Clause n°1 : Purpose and scope of application
The present general conditions of sale (GCS) detail the rights and obligations of the company Nathalie BONNAFOUS EI, domiciled at 3 Bis avenue de la Casse, 31830 Plaisance du Touch (SIRET 91809648800013), and of its customer (the buyer) in the context of any purchase made on the Atelier.Bonnafous electronic site. The purchase of products on this site implies the buyer’s unreserved acceptance of these GTC.
The GCS may be subject to change; the applicable conditions are those in force at the time of the order. Any validation of an order on the Atelier Bonnafous EI online shop implies prior acceptance of these GTC.
Clause n°2 : Prices
The prices of the products are those in force on the day of the order, denominated in euros (€) all taxes included, excluding shipping costs. Transport costs are added on the day the order is placed. The company reserves the right to modify its prices at any time, but undertakes to invoice the products ordered at the prices indicated when the order is placed.
Clause 3: Products
The photographs on the website do not constitute a contractual commitment. As the products are handmade, variations may occur depending on the materials used, thus guaranteeing their uniqueness. The company cannot be held responsible for any differences between the graphic representations of the products on the website and the products delivered.
Clause 4: Orders
The buyer must create an account on www.atelier-bonnafous.com with an email address and a password in order to place an order. All orders imply acceptance of the prices and descriptions of the items. Orders must be paid for in a single instalment. Atelier Bonnafous EI retains ownership of the goods sold until full payment has been received.
Clause n°5 : Terms of payment
Orders can be paid by :
Paypal
Credit card
The company reserves the right to refuse an order in the event of total or partial non-payment of a previous order or in the event of an ongoing dispute. For made-to-measure orders not available on the website, a deposit of 30% of the quote will be required, with the balance payable on receipt of the product.
Clause n°6 : Late payment
In the event of total or partial non-payment on the due date, the buyer must pay Atelier Bonnafous EI a late payment penalty equal to three times the legal interest rate.
Clause n°7 : Resolutive clause
If within fifteen days of the implementation of the ‘Late payment’ clause, the buyer has not paid the sums due, the sale will be automatically cancelled, giving Atelier Bonnafous EI the right to claim damages.
Clause n°8 : Clause of property reserve
Atelier Bonnafous EI retains ownership of the goods sold until full payment has been received. In case of receivership or liquidation of the buyer, Atelier Bonnafous EI can claim the goods sold and not paid.
Clause n°9 : Delivery
Delivery can be made :
By direct delivery to the workshop
To the address indicated on the order form
Delivery times are given as an indication only and are not guaranteed. The transport risk is borne by the buyer. In the event of missing or damaged goods during transport, the buyer must express reservations on the order form and confirm them by registered letter with acknowledgement of receipt within five days of delivery.
Available items will be dispatched within 2 to 5 working days. Specific products require a manufacturing lead time which will be notified when the order is placed. In the event of a delay, the customer will be informed and may cancel the order with a refund. Delivery charges are payable by the customer and are indicated on the order summary. Orders are dispatched by La Poste with a delivery time of 10 to 15 working days after receipt of payment.
Clause 10: Legal guarantees
In accordance with current legislation, the buyer benefits from the legal guarantee of conformity and the legal guarantee against hidden defects. These guarantees allow the buyer to return faulty or non-compliant products free of charge.
Legal guarantee of conformity (articles L.217-4 to L.217-14 of the French Consumer Code): The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery.
Legal warranty against hidden defects (articles 1641 to 1649 of the French Civil Code): The seller is liable for any hidden defects in the product sold that render it unfit for its intended use, or that reduce 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 or she been aware of them.
Clause n°11 : Responsability
Atelier Bonnafous EI cannot be held responsible in the event of non-execution or delay in the execution of one of its obligations described in the present general conditions of sale, due to a case of force majeure as defined in article 1148 of the French Civil Code. Furthermore, the seller may not be held liable for damage resulting from improper use of the product purchased.
Clause 12: Withdrawal
In accordance with articles L.120-20, the customer has a period of fourteen days in which to return products. Items must be returned in their original condition, complete and unused, within 14 days of confirmation of retraction by the company. The cost of returning the goods is borne by the customer. Reimbursement will be made within 14 days of receipt of the items.
Clause 13: Personal data
The personal data required for the order will not be passed on to third parties. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify and challenge your personal data. To exercise this right, please contact atelier.bonnafous@gmail.com.
Clause 14: Disputes – Consumer mediation
In the event of a dispute, the customer and the company will endeavour to resolve it amicably. If no amicable agreement can be reached, the consumer customer may refer the matter free of charge to a mediator on the list drawn up by the Commission d’évaluation et de contrôle de la médiation de la consommation. The competent mediator is: La Société Médiation Professionnelle – www.mediateur-consommation-smp.fr – 24 rue Albert de Mun – 33000 Bordeaux – France.
Clause 15: Applicable law and jurisdiction
These general terms and conditions of sale are governed by French law. In the event of a dispute, and after an attempt at amicable resolution, the French courts shall have sole jurisdiction to hear the case.
