LAST UPDATED [18/02/2022]
Preamble and purpose
The following general conditions aim to define the legal framework that will apply in the relations between :
- The company Atelier Constant which publishes the website www.atelierconstant.eu
SARL registered with the RCS number : 83144730
and with Intracommunity VAT number : 862748902B01
whose head office is located at : Egelantiersstraat 81B, 1015PX, Amsterdam, Holland.
- And any person visiting or making a purchase request on the site www.atelierconstant.eu.
They are intended to define the rights and obligations of both parties in the various stages of ordering one or more items.
Any person using the Product Enquire form on the site must adhere to these general conditions of sale and accept them without reservation.
No purchase can be made directly on the site, and no message can be sent without having first accepted these conditions.
The Internet user can consult the general sale conditions at anytime by clicking on the link “Sales terms” appearing at the bottom of the screen.
Modifications to the sales terms
The present general terms and conditions of sale are those applicable from 18/02/2022.
Atelier Constant reserves the right to modify or adapt them at any time without notice.
Thus, the applicable sales terms will be those in force on the day of the request for a product.
Therefore, the user of the website is invited to consult them before each contact for purchasing, as any order implies unreserved acceptance of the Sales Terms.
The present conditions express the entirety of the obligations of the parties. If a condition were to be missing, it would be considered as being governed by the practices in force in the distance selling sector.
If a particular stipulation of the present conditions is held to be invalid or declared as such by a decision having the authority of RES judicata of a competent jurisdiction (change of legislation, regulation, court decision), the other stipulations would keep all their force and their range.
Limitation of customers
Any user of the site declares having the legal capacity to write a request via the ENQUIRE button or the CONTACT FORM on the site and to use a credit card.
Article 1 : Products and availability
The site www.atelierconstant.eu offers for sale furniture design, other material creations, and NFT (Non-Fungible Token).
All products sold contain a serial number and are created in small quantities.
The products sold are photographed and described in the most faithful and exact manner possible. However, depending on the Internet browser or screen used, the colors of the items may vary.
The products sold are those described and visible on the site. Product offers are valid within the limits of available stocks, on request of purchasing.
The company Atelier Constant reserves the right to withdraw from sale, at any time, any item present on the site www.atelierconstant.eu and/or to replace or modify any information associated with the items appearing on this site.
Any product that is out of stock will be reported. However, the availability and delivery of a product are only guaranteed by the sending by us of an e-mail confirming your order.
You cannot be in the situation of purchasing a product that is no longer available, as you can’t order online directly, but only by reaching us by e-mail via the ENQUIRE button.
The photos of illustrations used on our site come from our own shootings and can make appear certain products which we market with other products or materials which we do not sell.
Article 2 : Order
You can place an order on the site www.atelierconstant.eu by sending us an email via the ENQUIRE button. By clicking on it, you must fill the information below :
– YOUR PHONE NUMBER* (required)
– YOUR EMAIL ADDRESS* (required)
– YOUR COMPANY (optional)
– ADDITIONAL COMMENT (optional)
– YOUR MESSAGE (optional)
Any request sent by the ENQUIRE button implies an acceptance of us keeping the information you shared with our team, so we can take care of your request.
No payment is possible on the site. Once the request is sent by email, we will come back to you for the payment.
Any order implies an obligation of payment once it’s validated by e-mail. The orders are exclusively received following a contact and after acceptance of the present sales terms.
All orders are subject to prior acceptance by Atelier Constant and are only definitively confirmed after the Customer has received an e-mail confirming the payment and shipment of the item(s).
The data relating to orders are kept on reliable and durable computer supports. They are considered as proof of the contractual relations between the parties in the same way as any document established, received or kept in writing.
Article 3 : Payment and Security
We only do payment by e-mail and sending an invoice. You cannot pay directly on our website.
Article 4 : Prices
Prices are not displayed on the site. You must use the ENQUIRE button in order to send us an email and be able to know our final prices. Then all prices are excluding boxing and VAT.
Article 5 : Delivery
Estimated delivery time will be communicated within 3-5 working days after order is finalized by e-mail. Estimated delivery time varies between products from 6-10 weeks.
This above is applicable for all products. We do not make a difference between countries.
DEPENDS ON THE LOCATION OF THE BUYER. Depending on the country of delivery and the carrier chosen, your order may be subject to customs fees.
We strongly recommend that if the original packaging is damaged, torn or open at the time of delivery, you check the condition of the items in the presence of the delivery person and immediately make reservations on the delivery note, or even refuse the package.
We strongly recommend that you systematically check the contents of the package in the presence of the carrier, in order to verify the condition of the items, even if your package does not show any signs of deterioration. If they have been damaged or stolen, you must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
In case of non-delivery of the parcel, the buyer must inform Atelier Constant via the “Contact” section. We will then open an investigation with the services concerned. An e-mail indicating that an investigation is open will be sent to you. The final response time varies from 4 to 6 weeks.
If the package is found, it will be sent to the customer according to the usual procedure. If the package is declared lost and there is no stock available to ensure a second shipment, the order will be refunded as soon as possible.
If a parcel is signed by the customer or a proxy, this is a confirmation of a good delivery and Atelier Constant is no longer responsible for a failure to deliver. If you entrust the reception of your parcel to an agent, he becomes responsible for the reception of your parcel.
If the carrier has declared your package delivered but you dispute this delivery, we will be able to meet your expectations and we will have to ask you for a formal and handwritten dispute as well as a copy of your identity card or passport.
Article 6 : Return of products
NO REFUND. NO RETURN POSSIBLE.
Article 7 : Right of withdrawal
Article L.221-18 of the Consumer Code: “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing by phone or off-premises, without having to define his motivation or bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The time limit mentioned in the first paragraph shall run from the day of
- From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
- On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for the regular delivery of goods over a defined period, the period shall run from receipt of the first good.”
Article L. 221-19 of the Consumer Code: “In accordance with Council Regulation No. 1182171/EEC of June 3, 1971 determining the rules applicable to periods, dates and terms:
- The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in Article L. 221-18
- The time limit begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the time limit.
- If this time limit expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the next working day.”
Article L. 221-20 of the Consumer Code: “When the information relating to the right of withdrawal has not been provided to the consumer under the conditions provided for in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiration of the initial withdrawal period, determined in accordance with Article L. 221-18.
However, when the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day the consumer received this information.”
Article L. L21-21 of the Consumer Code: “The consumer shall exercise his right of withdrawal by informing the trader of his decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2″ of Article L. 221-5 or any other unambiguous statement expressing his wish to withdraw.
The trader may also allow the consumer to fill in and transmit online, on his website, the form or the statement provided for in the first paragraph. In this case, the trader shall provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium without delay.”
Article L.221-23 of the Consumer Code: “The consumer shall return the goods to the trader or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L. 221-21 unless the trader offers to collect the goods himself.
The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer’s home at the time of conclusion of the contract, the trader shall recover the costs of returning the goods to the consumer.
goods at his expense if they cannot be returned normally by post because of their nature.
The consumer’s liability may only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the trader has informed the consumer of his right of withdrawal, in accordance with 2° of Article L. 221-5.”
Article L. 221-24 of the Consumer Code: “When the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may postpone the refund until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer expressly agrees to use another means of payment and provided that the refund does not incur any cost to the consumer.
The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the trader.”
Article 8 : Intellectual property
All texts, comments, works, illustrations and images reproduced on the sites published by Atelier Constant are reserved under copyright law as well as under intellectual property law and for the whole world.
In this respect and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different and even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code, except with the prior authorization of Atelier Constant.
Any total or partial reproduction of the sites published by the company Atelier Constant is strictly forbidden.
Article 9 : Personal data
All information provided during your visits to the www.atelierconstant.eu website is strictly confidential.
Atelier Constant will not divulge to third parties any personal information that you may provide to us. This information is confidential. They will only be used by its services
The present article does not prevent the transfer of the data to a third party. The data will be used only for the processing of your order and to reinforce and personalize the communication and the product offer reserved for the customers of Atelier Constant.
The present article shall not prevent the transfer of activities to a third party.
Consequently, in accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose any personal data concerning you.
Article 10 : Responsibility
Atelier Constant shall not be held liable for any inconvenience or damage inherent to the use of the Internet network (interruption of service, external intrusion, computer viruses, etc.).
Article 11 : Guarantees
All our products benefit from :
– the legal guarantee of conformity
– the legal guarantee of hidden defects.
To be able to benefit from the guarantee of the products, it is imperative to preserve the purchase invoice of the product.
The contractual guarantees do not cover :
– Abnormal or non-compliant use of the products. In this respect, we invite you to carefully consult the maintenance advice.
– Defects and their consequences related to the use not in conformity with the use for which the product is intended.
– The defects and their consequences related to any external cause.
In any case, the company Atelier Constant shall not be held responsible in case of refusal by the manufacturer to apply its warranty for the above-mentioned reasons.
When acting under the legal warranty of conformity, the consumer :
– has a period of 2 years from the delivery of the goods to act.
– can choose between repair or replacement of the good
– is exempted from having to prove the existence of the lack of conformity of the good during the six months [24 for new goods] following the delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee that the seller may have granted to the consumer.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 12 : Litigation
Any dispute settlement can be made with our customer service and, in the absence of an amicable settlement, the Company Atelier Constant reserves the right to summon the customer before the court in the jurisdiction of which his residence or headquarters is located.
Article 13: Non-waiver
It is agreed between Atelier Constant and the users of the site that any failure or waiver by one of the parties in the application of all or part of the commitments provided for in the present general terms of sale shall not be considered as a modification of the present agreement, nor shall it generate any right whatsoever, nor shall it be interpreted for the future as a waiver of the commitment in question.
Article 14 : Force majeure
The execution by the company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its execution. The various cases recognized by jurisprudence are considered as such. In such a case of force majeure, Atelier Constant will notify its clients by email within 7 days.
Article 15 : Applicable law and competent jurisdiction
The present general terms and conditions of sale are subject to the law of the Netherlands and to the jurisdiction of the head office.
Article 16 : Customs duties
Any order placed on www.atelierconstant.eu and delivered outside the Netherlands may be subject to possible taxes and customs duties when the package reaches its destination.
These possible customs duties and taxes related to the delivery of an item are at your charge and are your responsibility.
We are not in a position to verify the applicable customs duties and taxes. To know them, we advise you to ENQUIRE with the competent authorities of your country.
Article 18 : Legal mentions
Please refer to the “Legal Notice” page.