General conditions of sale
These general terms and conditions of sale are entered into on the one hand by the company SCARLETTE ATELIERS, with a share capital of €1000, whose registered office is located at DOMAINE DE MOISMONT, 80120 FRANCE, registered with the Trade and Companies Register of AMIENS under number 820 872 869, hereinafter referred to as SCARLETTE ATELIERS and operating the website SCARLETTE ATELIERS, www.scarletteateliers.com and, on the other hand, by any consumer wishing to make a purchase via the website www.scarletteateliers.com , hereinafter referred to as "the buyer".
For the purposes of the consumer code, a consumer is any natural person who acts for purposes which are outside the scope of their commercial, industrial, craft or professional activity.
Article 1. Purpose
These terms and conditions of sale aim to define the contractual relationship between SCARLETTE ATELIERS and the buyer and the conditions applicable to any purchase made through the SCARLETTE ATELIERS website, www.scarletteateliers.com Purchasing a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, firstly, that the purchase of products on the SCARLETTE ATELIERS website, www.scarletteateliers.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand have full legal capacity, allowing him to commit himself under these general terms and conditions of sale.
SCARLETTE ATELIERS reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its website. Therefore, the applicable terms and conditions will be those in effect on the date the order is placed by the buyer.
Article 2. Products
The main characteristics of the Products and in particular the specifications, illustrations and indications of materials, colours and dimensions, are presented on the website www.scarletteateliers.com .
The buyer is required to refer to the description of each product before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer, particularly with regard to the colour and size of the products.
The photographs and graphics presented on the website www.scarletteateliers.com ,
are as faithful as possible to the products sold, however the handcrafted nature of the manufacturing of the products may result in nuances of colour or patterns.
In case of dissatisfaction with the delivered products, the buyer may exercise their right of withdrawal as defined in article 8.
Product offers are subject to availability, as specified when placing the order.
In the event that a product becomes unavailable after an order has been placed, SCARLETTE ATELIERS will inform the buyer by email as soon as possible upon receiving the information. Your order will be automatically canceled and the buyer will be immediately refunded if their account has been debited. The refund will be made directly to the customer's bank account within thirty days of the buyer's payment.
Article 3. Price
The prices shown on the product pages of the website www.scarletteateliers.com are in Euros (€), inclusive of all taxes (VAT included), based on the French VAT rate applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
However, in accordance with the VAT rules applicable to distance selling, the VAT of the consumer's country could apply if the sales ceilings set at European level by each Member State are exceeded.
In this case, the buyer will be informed during the ordering process.
SCARLETTE ATELIERS reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day the order is placed will be the only price applicable to the buyer. The prices indicated do not include delivery charges, which are billed in addition to the price of the products purchased, based on the total order amount and specified during order confirmation as defined in Article 7.
Article 4. Order
4.1 – Placing an order:
A buyer interested in an item displayed on the website www.scarletteateliers.com can order directly through the website: www.scarletteateliers.com. Buyers placing orders directly on the website www.scarletteateliers.com must follow the procedure below:
– When placing their first order, the buyer must complete a form containing the following information: title, last name, first name, full delivery address, email address, and telephone number. They then specify their chosen delivery method. – The buyer will select the various products they are interested in and click successively on the "Add to my cart" link.
To order the selected products, the buyer must log in by entering their email address and password. The buyer is informed and agrees that entering these two identifiers (email address and password) constitutes proof of their identity and signifies their consent. If the buyer has not registered beforehand, they must complete the form that will automatically appear during their first order or complete it beforehand by going to the "My Account" section and clicking on the "Register" link. Once logged in, the user must confirm the delivery address, and then an order summary will appear, detailing: the type, quantity, and price of the products selected by the user, as well as the chosen payment method, the user's contact information, and the package delivery address.
4.2 – Order Confirmation
After reviewing the order details and once the buyer has completed all the required information, they will click "Confirm" to finalize their order. After confirming their payment method, the buyer definitively and irrevocably validates their order with the effects described below.
SCARLETTE ATELIERS will acknowledge receipt of the order upon its validation by email or by any other means at its convenience, in accordance with the provisions of Article L121-19 of the Consumer Code.
Order confirmation implies acceptance of these terms and conditions of sale and acknowledgement of having read and understood them. All data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and has provided it on the order form, SCARLETTE ATELIERS will send an email confirming the order registration.
If the buyer wishes to contact the company SCARLETTE ATELIERS, they can do so either by mail to the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE; or by email to the following address: contact@scarletteateliers.com; or by telephone at 0781343572.
In any event, SCARLETTE ATELIERS reserves the right to refuse any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order by the buyer, refusal of payment authorization by the buyer's bank, non-payment or partial payment, or use of a bank card not issued by a French financial institution. SCARLETTE ATELIERS shall not be held liable in any way in such cases.
Please note that for any order exceeding €300, you may be asked to provide a photocopy of your ID. Please provide this additional document as soon as possible to ensure your order is processed quickly.
Article 5 Payment
• Secure payment by credit card:
To ensure secure payments, the website www.scarletteateliers.com uses the Stripe secure payment service. Confidential data (the 16-digit bank card number, the expiry date, and the security code) is transmitted directly and encrypted to the bank's server without passing through the physical servers of SCARLETTE ATELIERS. When the order is validated, the payment request is routed in real time to Stripe's secure online payment processor. Stripe then sends an authorization request to the bank card network. The online payment processor issues an electronic certificate.
For all payments made by credit card on the website www.scarletteateliers.com, the electronic certificate issued by the online payment processor will serve as proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the French Civil Code, as well as the electronic archiving methods implemented by SCARLETTE ATELIERS. In this respect, the server's dates and times will be considered authentic between the parties. In all cases, order confirmation, whether payment is made by credit card directly on the website, constitutes a signature and express acceptance of all operations carried out on the website. However, the due date for the amounts owed is that specified in Article 4.2, depending on the type and method of payment.
Article 6. Offers and promotional codes
Promotional codes or "Referral" offers generated by SCARLETTE ATELIERS do not apply to shipping costs, unless the promotional code specifically mentions shipping. These offers are valid outside of promotional and special offers (unless otherwise specified). Promotional codes cannot be combined with other promotional codes or offers (unless otherwise specified).
Article 7. Retention of Title
SCARLETTE ATELIERS retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.
Article 8. Right of withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of the costs of returning the products which will be borne by the buyer.
However, the right of withdrawal does not apply to:
· the supply of goods made to the consumer's specifications or clearly personalized;
· the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
The following product categories are therefore excluded from the right of withdrawal:
Underwear...
Custom-made products
The return of products must allow for resale; returns of washed and/or worn clothing, damaged clothing, as well as damaged packaging will be refused.
It will be the customer's responsibility to return the products in their original packaging, carefully packed, and to retain any proof of return, which implies that the items are returned by registered mail or by any other means which allows the date of this shipment to be justified.
If the products cannot be returned in their original packaging, the buyer must return the products in packaging that provides a level of protection equivalent to the original packaging.
A fee of €10 per item will be deducted to cover all reconditioning costs necessary for putting these items back on sale.
Exercising the right of withdrawal:
To exercise their right of withdrawal, the consumer must inform SCARLETTE ATELIERS using the form below, which is also available on the public service website: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397
To the attention of SCARLETTE ATELIERS, by mail to the following address: DOMAINE DE MOISMONT, 80120 FRANCE or by email: contact@scarletteateliers.com
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Consumer address(es):
Signature of the consumer(s) (only if this form is submitted on paper):
Date :
(*) Delete as appropriate.
Article 7. Delivery
Deliveries are made to the address provided when the order is placed.
SCARLETTE ATELIERS reserves the right to refuse delivery of orders from individuals to collective addresses such as offices, healthcare facilities, or residences. In the event of delivery to a collective address, the buyer acknowledges that www.scarletteateliers.com 's obligation to deliver the order ends upon actual delivery to the collective address indicated on the order form, even if the shipment is not received by the final recipient but by a third party.
Based on the regulations limiting geographical blocking (EU Regulation 2018/302), any European consumer has the right to order a product on the site while taking care of the delivery aspects to their country of residence (or by going directly to the premises of the company SCARLETTE ATELIERS located at Domaine de Moismont, 80120 France to collect their order).
For orders placed by buyers based in Metropolitan France, orders are made by La Poste via COLISSIMO.
For orders placed by buyers based outside of Metropolitan France, delivery is carried out by UPS/DHL.
All confirmed orders are processed within 3 business days and shipped the following business day. For deliveries outside of France, the delivery time is 6 business days, an estimated timeframe that does not depend on postal traffic. Please note that all orders confirmed on Friday are shipped on Monday.
Delivery times are specified when ordering; if these exceed thirty days from the date of order, the sales contract may be cancelled and the buyer refunded.
SCARLETTE ATELIERS will reimburse the consumer for all sums paid, at the latest within 14 days following the date of termination of the contract.
SCARLETTE ATELIERS will be able to provide the buyer with the tracking number for their package via email.
The buyer is required to check the condition of the packaging and its contents upon delivery. In the event of damage during transport, any claim must be made to SCARLETTE ATELIERS within three days of delivery.
Article 8. Warranty
All products supplied by SCARLETTE ATELIERS benefit from the legal guarantee of conformity provided for in Articles L217-4 et seq. of the Consumer Code.
In the event of a product defect, it may be returned to SCARLETTE ATELIERS, who will accept the return, exchange the product, or issue a refund, according to the buyer's preference and the feasibility of replacing the purchased item . This guarantee is valid for two years from the date of delivery.
The buyer also benefits from the guarantee against hidden defects in accordance with articles 1641 et seq. of the civil code.
All claims, requests for exchanges or refunds must be made by mail to the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE
However, any warranty will only apply provided that the damage is not caused by the buyer as a result of negligence, deterioration or improper use of the product.
The consumer can also request the cancellation of the sale and thus terminate the contract:
Following the termination of the sales contract, the seller must then reimburse the consumer for all sums paid within 14 days of the termination of the contract (articles L. 216-3 and L. 221-18 of the Consumer Code).
Article 9. Responsibility:
In the context of distance selling, SCARLETTE ATELIERS is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.
Article 10. Intellectual Property
All elements of the SCARLETTE ATELIERS website, www.scarletteateliers.com are and remain the exclusive intellectual property of SCARLETTE ATELIERS. No one is authorized to reproduce, exploit, or use in any way whatsoever, even partially, any elements of the site, whether in the form of photos, logos, visuals, or text.
Article 11. Personal Data
The information collected by SCARLETTE ATELIERS, the data controller, from the SCARLETTE ATELIERS website, www.scarletteateliers.com This information will be processed electronically for the management of the buyer's file, the execution of the sales contract, and the sending of marketing information. This information is processed on the basis of the execution of the sales contract between SCARLETTE ATELIERS and the buyer. This data is kept for a period of 3 years from our last contact and is intended solely for commercial and accounting purposes.
In accordance with Article L213-1 of the Consumer Code, for any amount exceeding one hundred and twenty euros, SCARLETTE ATELIERS will archive proof of the written sale on paper or electronic media for a period of 10 years.
Only the contracts themselves, namely proof of the acceptance click and the terms and conditions applicable on the day of that acceptance, may be kept for this period of 10 years.
In accordance with Law No. 78-17 of 6 January 1978 known as "Data Processing and Freedoms" and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data (GDPR), the buyer may exercise his/her rights (access, rectification, erasure, objection, restriction and portability where applicable) by contacting us by email at: contact@scarletteateliers.com or by mail SCARLETTE ATELIERS DOMAINE DE MOISMONT, 80120 FRANCE, attaching proof of identity.
You also have the right to lodge a complaint with the National Commission for Information Technology and Freedoms (CNIL), in particular on its website www.cnil.fr.
Article 12. Cookies:
The only cookie that SCARLETTE ATELIERS creates is the session cookie, which will be deleted when you log out of the site.
Article 13. Force majeure:
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party experiencing the event must immediately inform the other party of its inability to perform its obligations and provide justification. The suspension of obligations shall in no case constitute grounds for liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure event if it is temporary.
Therefore, as soon as the cause of the suspension of their reciprocal obligations ceases to exist, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented from performing shall notify the other Party of the resumption of its obligations by registered letter with acknowledgment of receipt or any extrajudicial means. If the impediment is permanent, the contract shall be automatically terminated.
Article 14. Entire agreement:
These general terms and conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
Article 15. Applicable Law - Language:
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
However, customers based outside of France are advised that they have the option of having their national law applied if it provides a higher level of protection than that resulting from the application of French law.
These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 16. Dispute resolution:
All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the seller and the buyer, shall be submitted to the competent courts under the conditions of common law.
The buyer is informed that they may, in any event, resort to a conventional mediation body. The Client has the option of using mediation through the association of bailiff mediators, MEDICYS, to which the seller is affiliated: https://medicys-consommation.fr/pro/
For sales to buyers located in other European Union countries, disputes can be resolved through the Online Dispute Resolution tool available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
