The present general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) apply without restriction or reserve to all sales concluded between the company BelPal sarl, with the trade name Atelier Montsouris (hereinafter referred to as “Atelier Montsouris” or “BelPal sarl”), the seller on the one hand SARL with a capital of 10 000 euros, whose registered office is located at 34 Avenue René Coty 75014 Paris, France, under the number of the Paris Trade Register 753 997 964 00014 , and any user (hereinafter the “Customer”) of the website www. ateliermontsouris.fr (hereafter the “Site”) wishing to make a purchase.
These General Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, if necessary, over any other version or any other contradictory document.
These terms and conditions are subject to change.
BelPal sarl reserves the right to change the terms and conditions at any time without prior notice to the customer.
The modified general terms and conditions of sale are opposable to the customer as from and during the whole period of their online publication for the products ordered after their online publication.
Each purchase on the Site is subject to all the clauses of the general terms and conditions of sale applicable on the date the order is placed. The customer can validate his order only after having read these general terms and conditions and having accepted them by ticking the box dedicated to this purpose.
BelPal Ltd. assumes that by placing an order the customer has read and accepted these terms and conditions.
The terms and conditions applicable and enforceable against the customer are those in force at the time of the effective validation by the customer of his order registered on the website.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
The Site allows Atelier Montsouris to offer for sale objects of the art of the table, decorations and accessories for the house, and all objects designated and created by and for Atelier Montsouris:
- To have the capacity to conclude the present contract, i.e. to have the legal majority and not to be under guardianship or curatorship.
- Not to make purchases with a view to reselling them.
Atelier Montsouris is a registered trademark and protected by French and European laws. Atelier Montsouris, can in no way be held responsible for the abuse that third parties could make by using the name “ateliermontsouris.fr”.
The present general conditions of sale are thus intended to govern
- The organization of the legal relations between Atelier Montsouris and the Customer.
- The terms of sale between Atelier Montsouris and the Customer (order, delivery etc..)
As presentes condições gerais de venda destinam-se assim a reger
- A organização das relações jurídicas entre o Atelier Montsouris e o Cliente.
- As condições de venda entre o Atelier Montsouris e o Cliente (encomenda, entrega, etc…)
- The products offered for sale by Atelier Montsouris are those which appear on the site, at the day of the consultation of the site by the user and within the limit of available stocks.
- In case of unavailability of one of the products, the buyer will be informed as soon as possible.
- The photographs and texts illustrating the products are not part of the contract. If these photographs and/or texts were to be erroneous, the responsibility of the Atelier Montsouris could not be committed in this respect.
- The brand Atelier Montsouris offers handmade objects (ceramics, wooden utensils, vases…) which can lead to the presence of variations in colours, shapes, finishes and discolourations which cannot be considered as defects, since they are related to their handmade character which makes them unique pieces.
Article 3: Prices
- The prices are indicated in euros, including VAT at 20% and excluding delivery costs, which are to be paid by the customer unless otherwise stated.
- The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be modified, these changes could be passed on to the price of the articles without the customer being informed in advance.
- All orders placed on the website are delivered from Portugal. Any delivery made outside the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. Atelier Montsouris is not obliged to check and inform the buyer of the applicable customs duties and taxes.
- The prices indicated on the site are guaranteed on the day of the order within the limit of the available stocks except important modifications of the charges and in particular of the VAT, and except obvious error of typography or omission.
- The prices indicated do not take into account the carriage costs which will be invoiced in addition and will be specified to the purchaser on the summary of the order, before final validation of his order.
- Atelier Montsouris reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the recording of the order.
Article 4: Procedure and modalities of order
4.1 – Customer identification
To place an order, the Customer must log on to the Site. The Site is accessible 24 hours a day, 7 days a week, subject to incidents affecting the level of service.
When ordering for the first time, the Customer has the choice of registering or ordering directly without registration. For subsequent orders, the Customer may access his account, if he has created one, by entering his login and password.
The Customer is entirely responsible for his login and password and undertakes to ensure their confidentiality.
4.2 – Placing an order
The Customer wishing to place an order selects products on the Site. Once the selection is made, the Customer must click on the validation button. The basket is thus created by the Customer.
The ordering process takes place in 4 stages, following validation of the basket by the Customer:
1) Summary of the order:
The Customer checks the contents of his/her basket and may, if necessary, modify it and/or enter an advantage code enabling him/her to benefit from an offer currently available on the Site.
Prior to the final validation of the order, the Customer has the possibility of making changes if he/she notices that an error has appeared in the data entry.
2) Choice of delivery:
Express Delivery: The customer will be advised of the delivery method offered and the rate per weight from the country of departure which is subject to local shipping rates of international carriers such as UPS, GLS, DHL, DPD etc…
Standard Delivery: The customer will be advised of the delivery method offered and the rate per weight from the country of departure. You will be contacted by email to schedule an appointment with the delivery company.
3) Payment: Once steps 1 and 2 have been completed, the Customer must select their payment method, and confirm their payment. Payments will be made by credit card; they will be made by the secure system of Crédit Mutuel and PayPal which use the SSL protocol (Secure Socket Layer) at the risk that the information is transmitted in encrypted form for a software and that no third party can take cognizance of it during transport on the network.
The payment of the purchases is carried out with the choice of the Customer:
With PayPal checkout: PayPal is a secure payment method that allows the Customer to quickly pay for his order without sharing his bank details with the seller sites. By Visa/MasterCard bank card
By bank transfer made to the bank account of the Atelier Montsouris whose references and RIB will be sent by mail to the customer. The holder of the bank account must be the one who places the order (identity of name, first name and address). The order will be reserved during 72 hours as from the validation of the basket and will be confirmed only with the reception of the transferred amount.
Please note! Fight against frauds during the payment:
Atelier Montsouris reserves the right to ask the customer to justify his identity, the place of his residence and the means of payment used. In the absence of receipt of the said proofs, Atelier Montsouris reserves the right to cancel any order. Atelier Montsouris reserves the right to refuse to honour any order in the case where there would be a dispute relating to the payment of a preceding order.
In case of unpaid, whatever the reason, a fixed amicable compensation of 25 € will be required by Atelier Montsouris in addition to the amount of the invoice, increased by the debit charges invoiced by the banking establishment of the Atelier Montsouris in the case where the amicable collection would have remained unsuccessful within a period of 10 days starting from the date of sending of the first letter of request for collection, whether this letter is addressed by registered mail or by simple letter. Recovery shall be made by means of litigation. The costs of legal proceedings that the collection agency intervening on behalf of the Atelier Montsouris may have to invoice directly to the Customer are independent of the amicable fixed compensation.
All the elements of the Atelier Montsouris site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the company BELPAL sarl of the trade name Atelier Montsouris. The Internet user who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the site of Atelier Montsouris, must request authorization from the company BELPAL sarl de nom commercial Atelier Montsouris.
On the other hand, any hypertext link to the ateliermontsouris.fr website using the framing, deeplinking, in-line linking or any other deep linking technique is in any case formally prohibited. In the cases, any link, even tacitly authorized, will have to be withdrawn on simple request of the company BELPAL sarl of trade name Atelier Montsouris.
Article 7.1 The responsibility
The site ateleirmontsouris.fr has, for all the stages of access to the site, the process of order, the delivery or the posterior services, only an obligation of means. The responsibility for the site could not be committed for all the disadvantages or damage inherent in the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of data-processing viruses, or of any fact qualified as cause beyond control, in accordance with the jurisprudence.
In addition, the company BELPAL sarl of trade name Atelier Montsouris releases its responsibility for any failure with its contractual obligations in the assumption of a force majeure or fortuitous, including, without this list being exhaustive, internal or external strike, fire, catastrophe, internal or external breakdown, and of any event preventing the good execution of the orders.
If the dispute relates to the operations of payment, the banking establishment or the third party in charge of the system of payment could be consulted.
The company BELPAL sarl of the trade name Atelier Montsouris preserves the full and whole property of their sold products until the perfect payment of the principal price, expenses and taxes included.
The company BELPAL sarl of the trade name Atelier Montsouris will file the purchase orders and the facts on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil code.
Article 7.2 Force majeure
The company BELPAL sarl of the trade name Atelier Montsouris will not be responsible for the total or partial non-execution of its obligations under the present contract, if this non-execution is caused by an event constituting force majeure, recognised as such by the jurisprudence.
The parties agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order for the duration of the force majeure event.
After a period of one (1) month of interruption due to force majeure, the parties shall be released from their obligations towards each other.
Article 7.3 Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
Article 7.4 Completeness of the format
The present general conditions of sale and the order summary sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In the event of contradiction between these documents, the general conditions of sale shall prevail.
Article 7.4 Applicable law and competent jurisdiction
The present general conditions of sale are governed by French law. For all disputes relating to this contract between the company BELPAL sarl of the trade name Atelier Montsouris and a Customer, the Commercial Court of Paris will be only competent.