GENERAL CONDITIONS OF REMOTE SALE
OF THE ARTICLES ATELIER DU TRANCHET
The company ATELIER DU TRANCHET SAS in France (hereafter called "L'ATELIER DU TRANCHET") commercializes the articles TRANCHET VIF. Careful to always better answer the expectations of its customers, ATELIER DU TRANCHET wished to set up, in parallel to the network of stores which it exploits, a network of remote sale by telephone and by electronic way (Internet) of certain of its products.
In order to guarantee to its customers an optimal level of service, ATELIER DU TRANCHET wished to propose a selection of articles within the framework of the remote sale, consultable on the Internet site www.tranchet.paris. The system thus set up, which supposes an active step on behalf of the customer, is in any point in conformity with the requirements required as regards remote sale and, in particular, by the articles L. 111-1, L. 112-1 and L. 221-1 and following of the Code of consumption.
The use of the remote sale process described in the present General Conditions of Sale is reserved for consumers only, in the sense given by the preliminary article of the Consumer Code, i.e. "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity", acting exclusively on their own behalf and domiciled in Metropolitan France, Monaco, Italy, Spain, Portugal, the United Kingdom, Belgium, Switzerland or Germany.
Article 1: Field of application
The present general conditions of sale are applicable to all the sales of articles tranchet vif concluded on the commercial site of L'ATELIER DU TRANCHET www.tranchet.paris or by email to the address email@example.com.
1.1 concerning the sale by electronic way (internet), the customer declares to have taken knowledge of the present general conditions of sale. The customer will be asked to validate without restriction or reservation the present general conditions of sale at the time of the validation of his order. In accordance with the provisions of the article 1127-1 of the civil code, the present general conditions of sale can be preserved by any person visiting the internet site www.tranchet.paris, by the means of a computer recording and can be reproduced, by the means of their impression. The ATELIER DU TRANCHET reserves the right to bring any modification to its general conditions of sale. However, the orders will be governed by the general conditions of sale in force at the time when the aforementioned orders were placed by the customer. In the hypothesis where, after the date of its suppression of the internet site www.tranchet.paris, an obsolete version of the general conditions of sale remained nevertheless accessible to the public via other internet sites or by any other means that the internet site www.tranchet.paris or the customer service, these last ones would not be however any more opposable to L'ATELIER DU TRANCHET for the orders placed after the aforementioned suppression.
Article 2 : Identification of the author of the offer
ATELIER DU TRANCHET SAS, simplified public limited company with a capital of 39.890€ euros registered in the trade and companies register of Nanterre under the number 820065183
Head office : 40 rue Madeleine Michelis 92200 Neuilly sur Seine
Vat : fr 81820065183.
Tel : 01 42 45 86 53
Email : firstname.lastname@example.org
Article 3 : Information relating to the articles
The information relative to the whole of the articles of tranchet vif susceptible to be sold on the site are available, with their references, in the store of the ATELIER DU TRANCHET as well as on the internet site www.tranchet.paris.
This information is in conformity with the prescriptions required by the legal and regulatory texts in force and, in particular, by the articles l. 111-1 and l.112-1 of the code of the consumption and by the ministerial decree of december 3, 1987 "relative to the information of the consumer on the prices"..
Article 4: Ordering methods for items
4.1 Orders by internet
The orders can be placed by internet on the commercial site https://www.tranchet.paris/.
The customer will be responsible for the telecommunication costs involved in accessing the internet and using the https://www.tranchet.paris/ website.
The customers have the possibility of obtaining additional information by contacting by e-mail the company ATELIER DU TRANCHET.
The visuals of the products tranchet vif can be altered according to the quality of the equipment used by the customer to access and use the internet site www.tranchet.paris. In this case, the responsibility of L'ATELIER DU TRANCHET could not be committed. It is specified that the customer will always be able to exercise his right of retraction in accordance with the article 8 below.
The customer will have, to be able to buy a product, to fill a form of order specifying certain obligatory fields so that his selection can be taken into account by atelier du tranchet.
In case of prolonged inactivity during the connection, it is possible that the selection of the articles chosen before this inactivity is not guaranteed any more. The customer will be invited to resume his selection of products from the beginning.
All the steps necessary for the sale will be specified on the website www.tranchet.paris in accordance with the provisions of article 1127-1 of the civil code.
In application of the provisions of article 1127-1 of the civil code, the customer will have the possibility, before definitively validating his order, to check the details of his order and its total price and to correct possible errors, before confirming it to express his acceptance.
From the moment when the customer validated his order, l'atelier du tranchet will acknowledge receipt of it without delay and by electronic way.
Only the shipped articles will be debited.
4.2 Refusal of the orders
L'ATELIER DU TRANCHET will have the right to refuse any abnormal order, or any order of a customer with whom would exist a litigation relative to the payment of a previous order. An abnormal order is defined by L'ATELIER DU TRANCHET as an order containing more than 3 articles per category (accessories, belts, shoes) and more than 3 articles per reference (skus).
Article 5 : Price of the articles
The price of the articles is understood to include all taxes. Except for an express stipulation to the contrary when ordering on the website www.tranchet.paris, the delivery costs and local taxes for the orders outside of europe of the articles are partially taken in charge by the customer and L'ATELIER DU TRANCHET and refer to the incoterm dap (delivered at place).
For the european customers, the expenses of delivery are offered and taken in charge by L'ATELIER DU TRANCHET whatever the amount of its order.
The price including all taxes of each of the articles that the customer would like to acquire, as well as the amount of the transport costs related to their delivery (if these transport costs are not taken in charge by L'ATELIER DU TRANCHET) , will be communicated to him either at the time of his call to the customer service of atelier du tranchet, or at the time of the connection to the internet site www.tranchet.paris.
In accordance with the provisions of the article l. 221-13 of the code of consumption, the customer will receive, at the time of the delivery, for each of the articles, the written confirmation of the contract including the price paid (price of the articles and expenses of delivery if necessary) as well as all the information envisaged in the article l. 221-5 of the code of consumption.
Article 6 : Payment conditions
The payment of the customer's purchases can be made by bank card (cards from the "cb" network, visa, eurocard/mastercard, american express are accepted) or by paypal.
In case of payment by credit card, the customer's credit card is debited at the time of the confirmation of the order.
For this purpose, the customer confirms to l'Atelier du Tranchet and guarantees to the company l'Atelier du Tranchet, at the time of an order via internet, that he is the holder of the bank card and that the name appearing on this bank card to be debited is his, then communicates in a secure environment on internet, the number and the expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or on the front) of his bank card.
In the case of payments by internet, the control will be carried out online with the establishments and competent banking organizations, questioned via the system of the company Stripe Payments Europe. This company, located in Ireland (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland), will proceed to the storage and the automated treatment of the information relative to each order including the coordinates of bank card, in a protected environment.
The transfer of the customer's personal data to stripe payments europe has been authorized by the cnil and is governed by the standard contractual clauses established by the european commission.
In addition, in order to fight against fraud on the internet, l'Atelier du Tranchet implements a treatment relating to the evaluation of the risks and the prevention of fraud in the payment of purchases on the present internet site, for which l'atelier du tranchet also calls upon the company Stripe Payments Europe. The collected data are intended only for the authorized persons in charge of the fight against the fraud within the company L'ATELIER DU TRANCHET.
This treatment was also authorized by the CNIL. For more information concerning the treatment of personal data by L'ATELIER DU TRANCHET please consult the " confidentiality policy " of L'ATELIER DU TRANCHET.
In the hypothesis where, for any reason whatsoever (opposition, refusal of the issuing center...), the debit of the sums due by the customer would be impossible, the sale made by telephone would be immediately resolved and the process of purchase on internet cancelled.
Article 7 : Delivery conditions
Subject to the provisions of the paragraph below and paragraph 7 bis concerning "delivery in store", the delivery of the articles can only take place in Paris.
For logistical reasons, the customer is informed that no delivery of exotic products can take place in Switzerland and Monaco.
It is understood that no delivery can be made to hotels, relay points, or post office boxes. The delivery of the articles will intervene after the payment of the amount of the order will have been recorded.
In accordance with the provisions of the code of the consumption, the delivery of the ordered articles will intervene in the times communicated by L'ATELIER DU TRANCHET and, in the absence of indication, in any case at the latest in the 30 days as from the order, subject to the complete payment of the price.
The expenses applied to the standard deliveries (deliveries within 4 to 7 working days) are taken in charge by the customer.
If, at the time of delivery, the external aspect of the parcel is not perfect, the customer will proceed to its opening in the presence of the carrier in order to check the state of the article. In case of damage to the article, the customer will detail them precisely on the return form, the provisions of article 11 below remaining applicable.
Article 7bis: Delivery in the ATELIER DU TRANCHET store
The customer has the possibility to choose the option " delivery in store ", at the time of his order, and to choose the store of L'ATELIER DU TRANCHET in paris. The delivery in store is offered to the customer, whatever the amount of his order.
The provision of the article(s) bought by the customer in the store will intervene in the delays communicated by L'ATELIER DU TRANCHET and, in the absence of indication, in any case at the latest in 30 days as from the validation of the order, subject to the complete payment of the price.
As soon as the article is available in the store chosen by the customer, the latter is informed by e-mail. The customer then has a period of 30 calendar days to collect the item from the store concerned.
When picking up the item in the store, the customer must present his/her invoice and a valid photo id. A verification of the customer's identity will then be carried out and on this occasion, a copy of his identity card may be made, which the customer expressly accepts by choosing this delivery method. The store also reserves the right to verify the payment card used for the payment of the order. The purchased article will then be given to the customer against the signature of a withdrawal slip.
The customer also has the possibility of asking a person of his choice to come to withdraw the article in his place and for his account under the conditions of this article. This person will be asked to bring (i) his own identity card, (ii) the identity card of the customer on behalf of whom he comes to collect the item, (iii) a letter signed by the customer authorizing this person to come and collect the item in his name and on his behalf, and (iv) the email received by the customer to make the item available in the store the store may make copies of all these documents in order to ensure the security of the customer and to prevent any fraudulent use of his identity and/or means of payment. The customer undertakes to inform any person he/she has appointed (i) of the 30 calendar day period he/she has to collect the article from the store, (ii) of the necessary documents he/she will be asked to provide in order to collect the article and (iii) that this service involves the processing of personal data concerning this person in accordance with article 12 of these general terms and conditions of sale.
Passed the delay of 30 calendar days as from the notification sent to the customer by ATELIER DU TRANCHET of the message informing him that his article is put at his disposal for withdrawal in store, the sale will be solved by right. If necessary, the customer will then be refunded of the price of his order and the expenses of delivery.
Article 8 : Right of withdrawal and return of items
The customer benefits from the right of withdrawal provided for by articles l. 221-18 and following of the consumer code.
Thus, the customer will be able to exercise his right of retraction, without having to justify his decision, up to ten (10) days after:
I) the customer, or a third party other than the carrier and designated by the customer, has taken physical possession of the item concerned; or Ii) in the case of a contract for multiple goods ordered in a single order and such goods are delivered separately, after the customer, or a third party other than the carrier and designated by the customer, has taken physical possession of the last good.
In accordance with article l. 221-28 of the consumer code, the right of withdrawal cannot be exercised for orders concerning
- the supply of goods made to the customer's specifications or clearly personalized:
- the supply of goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
To notify his decision of retraction, the customer can use any statement without ambiguity before the expiration of the deadline of retraction and address it to the attention of L'ATELIER DU TRANCHET - 40 rue Madeleine Michelis 92200 Neuilly sur Seine, or by email to the address email@example.com, or via the form " Contact us by email" accessible on the website http://www.tranchet.paris
To return the articles that he would have already received the customer can, according to his choice:
- either benefit from an offered service of removal of the articles, on the place of his choice (in his country of delivery). For this purpose, the customer will have to contact L'ATELIER DU TRANCHET - 40 rue Madeleine Michelis 92200 Neuilly sur Seine or at +33 1 42 45 86 53 for the metropolitan france (price of a local call), within ten (10) days as from the notification of the exercise of his right of retraction, in order to agree on an appointment (date and time slot) for the removal of the article(s) by l'atelier du tranchet. The returned article(s) will be examined beforehand by the quality department of l'atelier du tranchet. This service is provided by the company urbanh located at 27 boulevard Hippolyte Marques 94200 Ivry-sur-Seine. The customer will be notified of the refund, or the reasons for non-refund and the terms of return of his items, by the customer service within 10 working days from the removal of the products and in all cases, within a maximum of 14 days from the notification by the customer of the exercise of his right of withdrawal.
- or to return his article in store: the customer has the possibility of depositing his article in the store of L'ATELIER DU TRANCHET, 128 bd Mac Donald, 75019 Paris. No refund or exchange will be made in the store. The article will be examined by the quality service of l'atelier du tranchet and the customer will be notified of the reimbursement or the reasons of the non-reimbursement by email or by the customer service within 14 days as from the date on which he is informed of the decision of the customer to retract, this reimbursement being able to be deferred until recovery of the goods or until the customer has provided a proof of the expedition of these goods, the date retained being the one of the first of these facts. The reimbursement of the sums paid by the customer for the returned item(s) will be made, depending on the method of payment of the items, by crediting the customer's bank account corresponding to the bank card used for payment or by transfer to the customer's bank or paypal account. In application of article l. 221-24 of the french consumer code, the additional costs paid by the customer and related to his express choice of a specific mode of delivery will not be refunded (e.g. express delivery).
Furthermore, in the case of a gift, the right of withdrawal remains exclusively with the customer and cannot be exercised by the recipient of the gift.
In all cases, the customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return form. Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the customer. You are only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. Thus, concerning the shoes, the sole will have to be intact: for this reason, it is strongly recommended to try the Tranchet Vif shoes on a carpet type surface.
Article 9 : No exchange
Apart from the right of retraction foreseen in the article 8 above, the customer is informed that no exchange of the articles will be made by L'ATELIER DU TRANCHET.
Article 10 : Conformity - Guarantee - After-sales service
The customer must make sure that the articles which were delivered to him correspond to his order. In the hypothesis where the delivered articles would not be in conformity with his order, the customer will have to inform by e-mail the Customer service of L'ATELIER DU TRANCHET whose coordinates are mentioned in the article 2 of the present.
L'ATELIER DU TRANCHET remains held of the defects of conformity of the good to the contract under the conditions of the article L. 217-4 and following of the Code of the consumption and of the hidden defects of the sold thing under the conditions foreseen in the articles 1641 and following of the Civil code.
When he acts in legal guarantee of conformity, the customer : has a period of one year from the date of delivery of the goods to act; may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; is exempted from proving the existence of the lack of conformity of the good during the twelve months following the delivery of the good. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The customer can decide to implement the guarantee against the hidden defects of the sold thing in the sense of the article 1641 of the Civil code and in this hypothesis, he can choose between the resolution of the sale or a reduction of the selling price according to the article 1644 of the Civil code.
L'ATELIER DU TRANCHET remains held of the legal guarantee of conformity mentioned in the articles L. 217-4 to L. 217-12 and of the one relative to the defects of the sold thing, in the conditions foreseen in the articles 1641 to 1648 and 2232 of the Civil code.
Reminder of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the French Consumer Code:
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "
Article L.217-5 of the Consumer Code:
"To be in conformity with the contract, the good must:
1° If it is fit for the purpose usually expected of a similar good and, if applicable : If it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model ; if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Article L.217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the time of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention. "
Article 1641 of the Civil Code:
"The seller is bound by the warranty due to hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them. "
Article 1648 of the Civil Code, first paragraph:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "
After-sales service :
L'ATELIER DU TRANCHET proposes an after-sales service of its products. The customer can address himself to the Customer service of the store (128 Bd Mac Donald 75019 Paris) or by e-mail firstname.lastname@example.org
Article 11 : Complaints - Information
For any information, complaint or question relative to the Conditions of Sale by correspondence set up by L'ATELIER DU TRANCHET proposes an after-sales service of its products.
The customer can address himself to the Customer service of the store, 128 Bd Mac Donald, 75019 Paris or by e-mail email@example.com or on the Internet site via the form " contact us ", by recalling if necessary, their number of order.
Article 12: Electronic files - Protection of privacy
Within the framework of the management and the follow-up of the orders placed with the Customer Service or by the means of the present Internet site www.tranchet.paris, the company L'ATELIER DU TRANCHET is brought to collect and to treat data of a personal nature relative to its customers. You can obtain the name and address of the entity responsible for processing in your jurisdiction by visiting the L'ATELIER DU TRANCHET website or by sending an e-mail to firstname.lastname@example.org . This information, intended for the persons authorized by their function to know it within the company ATELIER DU TRANCHET, and if necessary, to authorized third parties, is necessary for the treatment and the follow-up of the requests or the orders of the customer, in order to better answer his expectations as well as to prevent any fraudulent use of his means of payment or his identity.
Within the framework of the service of " Delivery in store ", and at the time of the withdrawal in store of the article ordered online by the customer, the store L'ATELIER DU TRANCHET will be brought to proceed to a verification of the card used for the payment and the ID of the customer. A copy of the identity card of the customer as well as a copy of the identity card of the person mandated if necessary, by the customer, will be carried out in store, in order to ensure the safety of the customer and to prevent any fraudulent use which would be made of the means of payment and/or the identity of the customer.
According to the choices made at the time of the creation or consultation of their accounts on Internet, the customers will be likely to choose if they wish to receive offers of L'ATELIER DU TRANCHET, or to be informed of particular operations via e-mail. If a customer does not wish to receive any more these offers, he will be able to make at any time the request by clicking on an electronic link available on the e-mails for this purpose, or by modifying his account directly on the Internet site https://www.tranchet.paris/.
We attach the greatest importance to the protection and security of our information systems. Tools have been put in place to allow us to detect possible security breaches. These tools may incidentally lead to access to personal data by our security teams. This data will be collected and processed exclusively for the purpose of managing these vulnerabilities and in compliance with the applicable regulations on the protection of personal data.
For more information concerning the treatment of personal data by L'ATELIER DU TRANCHET, and in particular the recipients of the data, the conditions of transfer, the duration of conservation of the data, etc., please consult the " Confidentiality Policy ".
Article 13 : Intellectual property rights
The mark " TRANCHET VIF ", as well as the whole of the figurative marks or not and more generally all the other marks, illustrations, images and logotypes appearing on the articles of L'ATELIER DU TRANCHET, their accessories or their packaging, that they are deposited or not, are and will remain the exclusive property of L'ATELIER DU TRANCHET. Any total or partial reproduction, modification or use of these brands, illustrations, images and logotypes, for whatever reason and on whatever support, without express and preliminary agreement of L'ATELIER DU TRANCHET, is strictly forbidden. It is the same for any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It will be the same for all copyrights, drawings and models, patents which are the property of L'ATELIER DU TRANCHET.
Article 14: Force majeure
The execution by L'ATELIER DU TRANCHET of all or part of its obligations will be suspended in case of occurrence of a fortuitous event or force majeure in the sense of the article 1218 of the Civil code which would hinder or delay the execution.
The ATELIER DU TRANCHET will inform the customer of a similar fortuitous event or force majeure in the seven (7) days of its occurrence. In case this suspension would continue beyond a delay of fifteen (15) days, the customer would then have the possibility to cancel the order in progress, and it would then be proceeded to his refunding in the 10 days as from the aforementioned cancellation.
Article 15: Disputes - Applicable law
The present General Conditions of Sale are subject to French law. In case of difficulty arising on the occasion of the order or the delivery of the TRANCHET VIF articles, the customer will have the possibility, before any action in justice, to look for an amicable solution, notably with the help of an association of consumers or any other council of his choice, or to resort to any other alternative mode of settlement of the disputes. Any dispute that may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences shall be subject to the exclusive jurisdiction of the French courts.
The customer may initiate the mediation process via the online dispute resolution platform of the European Union website.
Article 16: Sorting instructions
- Our shoes and ready-to-wear items may be subject to sorting instructions: www.tranchet.paris: Please visit www.tranchet.paris for more information on sorting instructions for textiles and shoes. You will also find the location of your nearest collection/sorting point.
- Our packaging may be subject to sorting instructions: www.tranchet.paris
Please complete, copy, paste and return this form only if you wish to withdraw from the contract.
- I/We [*] hereby notify you [*] of my/our [*] withdrawal from the contract for the sale of the goods [*]/ for the provision of the service [*]below
- Good____________________ [reference]__________
- Ordered on [*]/received on [*] : ______________
- Name of consumer(s)
- Address of consumer(s) -
Signature of consumer(s) (only if notifying this form on paper)
[*]Delete as appropriate.
Article 17: Particular conditions of sale of the personalized articles
L'ATELIER DU TRANCHET proposes an offer of on-line personalization of certain products.
The customer can access this offer :
(i) by clicking on the menu " Personalization " then on " Personalize a product ", by clicking on the button " Personalize " on the product sheets. The Special Conditions of Sale for these products are described below. All the provisions of the above General Terms of Sale not modified by these Special Terms remain applicable.
Article 1: Ordering process
Notwithstanding the provisions of Article 4 of the General Conditions above:
- The order of personalized articles can be carried out only via the Internet site www.tranchet.paris. The customer is informed that, when using this service on the website, his choices of creation are memorized only during the duration of his session. If the customer interrupts his session before having finalized his order, he will thus be invited to take again his choices of creation since the beginning during his new connection. Once the order is validated by the customer on the website, a bank capture is made, and the customer will be debited for the amount of his order from the moment the piece is sent for personalization to the workshop. The customer will then receive an email informing him/her of the shipment of the items.
Article 2: Delivery
Notwithstanding the provisions of Article 7 of the General Conditions above:
- The delivery of the personalized items takes place at the latest within four (4) weeks from the day following the order, subject to full payment of the price. The customer is informed that no partial delivery will be made by L'ATELIER DU TRANCHET. If the customer wishes to order a personalized article as well as a standard article, the two articles will be delivered jointly under a delay of twelve (12) weeks maximum.
Article 3: Return and Exchange of the personalized articles
- Given their clearly personalized and/or custom-made nature, the items referred to in these Special Conditions cannot be returned or exchanged. Consequently, article 8 of the General Conditions above is not applicable to these personalized and/or custom-made items. Notwithstanding the foregoing, the customer shall continue to benefit from the guarantees provided for in Article 10 of the General Conditions above.