Terms and Conditions of sale

Terms & Conditions last updated on 23/08/2022

These General Terms and Conditions of Sale govern the sale of items from L'ATELIER DU GANTIER on the website https://www.atelierdugantier.fr by:

The company L'ATELIER DU GANTIER, a limited liability company with a share capital of €280,000, headquartered in Millau 12100 – 20 rue Droite, represented for the purposes hereof by Lydie PERON and Julien VIDAL, acting as co-managers, registered with the Trade and Companies Register under number 752 271 486 RODEZ. Intra-Community VAT number: FR 54 752 271 486.

Placing an order implies full and complete acceptance of these Terms and Conditions, which are accessible at any time on the website, including at the time your order is placed. We invite you to print and keep a copy of these Terms and Conditions for future reference. Unless proven otherwise, the data recorded by us constitutes proof of the transactions and their date.

These Terms and Conditions constitute the sole agreement between the parties and prevail over any other document. They may be amended at any time. The new Terms and Conditions will apply to any order placed after they are made available on the website.

Orders placed on the website are reserved for private individuals and business “end buyers” other than for resale. The resale of L'ATELIER DU GANTIER items is strictly prohibited to any purchaser who would trade them on a professional basis.

For any information, question, advice, or order follow-up, our After-Sales Service is at your disposal:

By post at the following address:

SARL L'ATELIER DU GANTIER

20 rue Droite - 12100 MILLAU – France

By email:

contact@atelierdugantier.fr

By phone at +33 (0)5 65 60 81 50 (standard call rate)

Monday to Friday from 9:00 am to 12:00 pm and from 2:00 pm to 7:00 pm.

Please note: For made-to-order items, you do not have a right of withdrawal. For in-stock items, you have a period of 30 full days from receipt of your order to exercise your right of withdrawal, without penalties and without giving any reason.

ARTICLE 1 – ITEMS OFFERED

  • A small selection of in-stock items from L'ATELIER DU GANTIER’s classic range;
  • Customized items, created and manufactured according to your specifications within the exclusive limits of the options offered at the time of ordering;
  • Leather care products such as nourishing milk, glycerin soap, and Sommières clay.
  • Offers are valid while stocks last. Availability information is provided at the time the order is placed.

ARTICLE 2 – PRICES

Item prices are inclusive of all taxes (VAT rate applicable on the day your order is recorded), excluding shipping costs. Prices are shown in Euros.

They may be changed at any time, it being understood that items are invoiced based on the rates in effect when the order is recorded.

The total amount of the order you intend to place is indicated on the “Summary” screen of your order and includes the following information:

  • ✔ VAT-inclusive price of the item(s)
  • ✔ Shipping costs

ARTICLE 3 – ORDERING

Each order is limited, per person and per month, to:

  • ✔ 5 customized items, and
  • ✔ 5 in-stock items,

✔ for a total maximum amount of €1,000 including VAT (excluding shipping costs).

The ordering process is subject to the following main steps:

STEP 1: Select your item(s):

  • For in-stock items: select model, color, size, and lining.
  • For customized items: select model and size, then customize the item in several steps in the order of your choice.

STEP 2: Order validation in 5 steps:

1. Order summary

  • View a summary of your order with the items ordered and the total order amount (excluding shipping costs)

2. Identification: Create your customer account or sign in with an existing account

3. Postal information

  • Enter delivery and billing addresses

4. Shipping / carrier

  • Select the chosen carrier and view shipping costs

5. Payment

  • Acceptance of the Terms and Conditions
  • Final validation of the order

STEP 3: Order confirmation

  • Receipt of an order confirmation email, printable and serving as an order form.

Very important:

For made-to-order items, you have 24 hours from placing your order to make any changes relating to item features (colors, choice of metal buckles, etc.), provided these changes do not entail any change in price.

To do so, please email us at contact@atelierdugantier.fr

We reserve the right not to fulfill any abnormal order or one placed in bad faith, as well as for any other legitimate reason.

ARTICLE 4 – PAYMENT

Payment for your purchases can be made:

  • by bank card when placing your order (Carte Bleue, Visa, Eurocard/Mastercard). Your card will be charged no later than six (6) days after placing your order, in the currency of the order.

To ensure payment security, www.atelierdugantier.fr uses the SYSTEMPAY secure payment service. This service incorporates the SSL security standard. Confidential data (the 16-digit card number, expiry date, and CVV) is transmitted directly in encrypted form to the server without passing through the physical media of the atelierdugantier.fr server.

Payment card numbers are not stored on our website but on the secure site of a banking institution.

  • by cheque: Customers may pay by French bank cheque up to €300 (orders from France only). Simply send a signed cheque with the order number written on the back, made payable to L'Atelier du Gantier, to: 20 rue Droite, 12100 Millau. The order will be processed upon receipt of the cheque. We reserve items for a maximum of 5 business days after the order is placed on the site. After this period, unpaid in-stock items will be returned to sale, and customized products will not enter production.
  • by bank transfer: Customers may place an order with payment by transfer. The IBAN of L'Atelier du Gantier and all necessary information for proper receipt of payment will be sent by email and shown on the order confirmation.

We also reserve the right to request additional documents (copy of ID, proof of address, etc.) to validate your purchase and ship your parcel.

We retain ownership of the items sold until full payment of the price, including VAT and shipping costs.

ARTICLE 5 – DELIVERY

  • RATES

Items offered for sale will be delivered:

  • ✔ in mainland France, Monaco and Overseas Departments by Colissimo to home with signature or to a pickup point;
  • ✔ within the European Union (Post Export Europe);
  • ✔ worldwide (Post Export World).

Delivery will be made to the address indicated when you place your order.

Items are insured by us until delivery.

Shipping costs are indicated during Step 2 – “Order validation” of the checkout process. They depend on the total amount of your order and are determined as follows:

Total order amount (incl. VAT)

Shipping is free from €75 incl. VAT of purchase.

  • DELIVERY TIMES

Unless otherwise stated during the summer period, delivery will take place within a maximum of:

  • ✔ 2 to 4 business days from payment confirmation for in-stock items;
  • ✔ between 3 and 4 weeks from payment confirmation for made-to-order items.

If the deadline is exceeded, the customer may not cancel the order. We recommend contacting L'ATELIER DU GANTIER as soon as possible (contact@atelierdugantier.fr) to be informed about delivery progress.

Delivery is deemed to have been made upon handover of the product to the customer by the carrier, according to the carrier’s tracking system.

Once the product has been delivered, the customer must, on their own initiative, check the contents and integrity and make any justified reservations and claims, or even refuse the parcel if it appears to have been opened (only for parcels delivered against signature).

Please note that a parcel delivered against signature and received is deemed accepted as is.

In case of loss of the parcel, the ordered product will be manufactured and delivered again, taking into account the above timeframe, or delivered within a few days if it is in stock.

If you are dissatisfied for any reason, you can contact L'ATELIER DU GANTIER at: contact@atelierdugantier.fr

DELIVERY – RECEIPT

  • PRECAUTIONS

In the case of delivery by Colissimo only, and to avoid any issues upon receipt of your parcel, please read the following carefully:

For any order delivered in mainland France (including Corsica) by Colissimo, the parcel will be handed over only to the recipient named on the shipping slip.

  • RESERVATIONS

Upon receipt of your order, always check the condition of your parcel, the good condition of the item ordered, and its conformity to the order.

  • If you find that your parcel or item has been damaged, please note this on the carrier’s delivery slip and immediately contact our After-Sales Service: contact@atelierdugantier.fr

In your message, remember to mention the observed damage (parcel damp, holed, opened, etc.) with photos attached. In all cases, you have a period of three (3) days, excluding public holidays, from receipt of your parcel to notify the carrier, by bailiff’s act or registered letter, of any reservations (Article L133-3 of the French Commercial Code).

  • If the delivered item(s) do not correspond to your order, you may return them, in accordance with the “Returns” procedures below.

ARTICLE 6 – RIGHT OF WITHDRAWAL – RETURNS

RIGHT OF WITHDRAWAL

You may exercise your right of withdrawal or not under the following conditions:

1. MADE-TO-ORDER ITEMS

Given the unique and/or customized nature of made-to-order items, they cannot be returned or exchanged, in accordance with Article L221-28 of the French Consumer Code:

“The right of withdrawal cannot be exercised, unless otherwise agreed by the parties, for contracts: (…) 3° for the supply of goods made to the consumer’s specifications or clearly personalized…”

As a result, you cannot invoke any right of withdrawal. We therefore recommend that you devote the necessary time and attention to creating your item before confirming your order.

2. IN-STOCK ITEMS

You have a period of fourteen (14) full days from receipt of your order to exercise your right of withdrawal, under the conditions provided for in Articles L221-5 and L221-1 of the French Consumer Code.

The model withdrawal form referred to in point 7° of Article L. 221-5 of the French Consumer Code appears below:

(Complete and return this form along with the order number only if you wish to withdraw from the contract. We recommend also indicating your order number.)

To the attention of L’ATELIER DU GANTIER, 20 Rue Droite, 12100 Millau, France. Email: contact@atelierdugantier.fr

I hereby notify you of my withdrawal from the contract for the sale of the following good(s): (identify the product(s) for which the right of withdrawal is exercised)

Ordered on …………….. (Order date) and/or received on …………….. (Delivery date)

Name of the consumer customer:

Address of the consumer customer:

Signature of the consumer customer (only if this form is notified on paper)

Date:

For any information, you can contact Customer Service at contact@atelierdugantier.fr.

RETURNS – IN-STOCK PRODUCTS

We do not offer direct exchanges. If you would like a new model, size, lining, or color, simply place a new order on the e-shop. At the same time, request a return by email at: contact@atelierdugantier.fr, stating the reason for your return and follow the instructions provided.

You will have the following choices for returning your order:

- receive a Colissimo return label for convenience. Please note, €7 will be deducted from your refund after receipt (France only). For international returns, the return rate will be equivalent to the outbound rate. The return label has an expiry date and must be used within seven (7) days of receipt.

- return the parcel using the carrier of your choice at your expense.

For any return, shipping costs remain your responsibility.

We undertake to refund the returned item as well as the shipping costs (outbound in mainland France only) related to that item, according to the rate schedule provided in Article 5.1 of these Terms, provided that shipping costs were not offered to you.

The refund will be made to the bank account used to pay for the order, as soon as possible and no later than fourteen days from the date on which you exercised your right of withdrawal (Article L216-7 of the French Consumer Code), and subject to our receipt of the item(s).

In all cases, please return your item complete (manual, accessories, etc.) in its original condition, with packaging, and a copy of your invoice marked “return for refund”. Items returned incomplete, damaged, or soiled will not be accepted.

During the year-end holiday period, returns are extended until January 15.

ARTICLE 7 – WARRANTIES – AFTER-SALES SERVICE – LIABILITY

  • STATUTORY WARRANTIES

All products sold on the Site benefit from the legal warranty of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return, free of charge, any Products delivered that are defective or non-compliant. However, products modified, repaired, or integrated by the Customer are excluded from warranty. The warranty does not apply to apparent defects, or those the Customer knew or could not have been unaware of when ordering, notably given the information provided by L’Atelier du Gantier. The warranty also does not cover products damaged after risk transfer to the Customer or due to misuse.

Legal warranty of conformity:

Pursuant to Article L217-4 of the French Consumer Code: “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation where the latter has been made his responsibility under the contract or has been carried out under his responsibility.”
Pursuant to Article L217-5 of the French Consumer Code: “The goods conform to the contract:
1° If they are fit for the use ordinarily expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
– if they present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by him.”

If the Customer notes a lack of conformity of the Product, within the meaning of Article L. 217-5 of the French Consumer Code, they may exercise the legal warranty of conformity within two (2) years from delivery of the Product.

Requests must be addressed to Customer Relations at contact@atelierdugantier.fr.

When the legal warranty of conformity is implemented, in accordance with Articles L. 217-9 and L. 217-10 of the French Consumer Code, L’Atelier du Gantier undertakes to:

– either repair the Product or replace it with an identical product subject to stock availability, at the Customer’s choice, unless that choice entails a manifestly disproportionate cost for L’Atelier du Gantier having regard to the other option, the value of the Product, or the importance of the defect;

– or refund the price of the Product if repair and replacement prove impossible, or if replacement or repair would present a major inconvenience for the Customer, or if they cannot be implemented within one month of the Customer’s request.

Warranty against hidden defects:

Pursuant to Article 1641 of the French Civil Code: “The seller is bound by a warranty on account of the hidden defects of the thing sold which render it unfit for the use 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 for it, had he known of them.”

If the Customer notes a hidden defect within the meaning of Article 1641 of the French Civil Code, they may exercise the legal warranty against hidden defects within two years from discovery of the defect.

Requests must be addressed to Customer Relations at contact@atelierdugantier.fr.

When the warranty against hidden defects is implemented, L’Atelier du Gantier undertakes, at the Customer’s choice and after assessment of the defect:

– either to refund the full price of the returned Product,

– or to refund part of the price if the Customer decides to keep the Product.

Finally, the Customer is reminded that the legal warranty of conformity and the legal warranty against hidden defects are not mutually exclusive and do not deprive the Customer of any other contractual or commercial warranty that may be granted by L’Atelier du Gantier. They also do not deprive the Customer of their right of withdrawal as defined in Article 6 of the Terms.

  • AFTER-SALES SERVICE

To contact our After-Sales Service, we invite you to contact us preferably by email: contact@atelierdugantier.fr or by phone at 05.65.60.81.50.

  • LIABILITY

We are not responsible for any possible “screen/reality” color differences, for the wording of the personal message accompanying your gift and its possible consequences, or for customization choices of a personalized item that might not be suitable, even if it is a gift.

Furthermore, we will not be considered liable or at fault for any delay or failure resulting from a force majeure event.

Lastly, please note that we cannot be held liable for an order placed by a minor, whether or not the parents authorized this order.

ARTICLE 8 – DATA PROTECTION

Your personal data is necessary to process your order and will never be sold, marketed, or rented to third parties. You have rights of access, modification, rectification, and objection regarding information concerning you.

In accordance with Article L.223-2 of the French Consumer Code, L'ATELIER DU GANTIER informs you that the BLOCTEL system, open since June 1, 2016, allows consumers to register on a list to opt out of telephone solicitation and to file complaints. https://www.bloctel.gouv.fr/

ARTICLE 9 – INTELLECTUAL PROPERTY

Intellectual property rights in the site and all its components (trademarks, designs, photos, copyrights, domain names, etc.) are owned by or subject to exclusive use by L'ATELIER DU GANTIER. Any total or partial reproduction of the site without the express consent of L'ATELIER DU GANTIER is prohibited, except for personal and private use, excluding any commercial purpose.

ARTICLE 10 – APPLICABLE LAW – DISPUTES

These Terms and Conditions, the order, and all related acts are governed by French law. In the event of a dispute and failing an amicable settlement, French courts shall have exclusive jurisdiction.

CONSUMER MEDIATION SERVICE: Amicable settlement of disputes between professionals and consumers in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the French Consumer Code.

In the event of an unresolved dispute between the Professional and the Consumer, the consumer may refer the matter to the consumer mediator.

Before contacting the consumer mediator, the consumer must first have attempted to resolve the dispute directly with the professional through a written complaint or have made a complaint under the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will take place according to a specific process and the applicable texts.

The procedure is free of charge for the consumer (R612-1 of the French Consumer Code).

TO CONTACT THE CONSUMER MEDIATOR:

If no agreement is reached with the professional following a complaint,

Amicable settlement of disputes between professionals and consumers in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the French Consumer Code (admissibility conditions). Free procedure for the consumer.

The consumer mediator is neutral, independent, and impartial. The mediator is not part of the company with which the consumer has a dispute.

MEDIATION – VIVONS MIEUX ENSEMBLE

  • www.mediation-vivons-mieux-ensemble.fr
  • 2 impasse de Beauregard, 54000 NANCY
  • mediation@vivons-mieux-ensemble.fr

IMPORTANT:

  • Never send original documents requested by the consumer mediator. Please send photocopies.
  • Never send defective or disputed items, or items for refund, to the mediator.
  • Please provide your phone number and email address.
  • Please do not send emails “for information only”.
  • Emails sent for information only (outside of a formal referral) will not be processed.

SARL L'ATELIER DU GANTIER also informs you of the existence of the European Commission’s online dispute resolution platform. Please click here.

ARTICLE 11 – PRODUCT REVIEWS

Visitors to our website can leave product reviews. Reviews posted on the site are written voluntarily and without any financial compensation for each review. Reviews are moderated before publication on the site to ensure they do not contain messages contrary to French law (e.g., racist insults, etc.). Reviews are published for a period of 10 years. The author of a review may request deletion of their review at any time by sending an email to contact@atelierdugantier.fr; requests are processed within 15 business days.