Terms and conditions of www.galerie-atena.com
Preamble
You are currently connected to one of the sites managed by Atena. The purpose of this document is to inform you about Atena and its general conditions of online sale (Contractual Conditions). You must read the following provisions carefully, as they constitute an electronic contract establishing the general conditions of sale of Atena's electronic store. The "Double-click" you make after filling in your order form constitutes validation of the form and irrevocable acceptance of these Contractual Conditions once your order has been validated. Consequently, you can only order products and/or services if you accept all the conditions set out below. The Internet user (a natural person with the capacity to contract) and Atena are hereinafter referred to as "the parties", and individually as "the party".
Definitions
In this contract, each of the expressions mentioned below shall have the meaning of its definition, namely :
- the company": Atena
- distance contract": any contract concerning the ordering of products and/or services concluded between the company (*) and a customer (*) within the framework of a distance sales or service provision system organized by the company (*) which, for this contract, exclusively uses the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- customer": any natural person who, in the present contract, acts as an individual or as the representative of a legal entity and who has the right to contract.
- order form": document indicating the characteristics of the products ordered by the customer (*) and which must be signed by the customer by "double-clicking" (*) to be binding.
- order": act by which the customer undertakes to purchase products and/or services and the company (*) to deliver and/or supply them.
- Product": goods sold or services provided by the company.
- double click": reiteration of order form validation by the customer. An order form filled in and validated a first time is never taken into account without the customer's confirmation. This confirmation may take the form of a checkbox indicating acceptance of the Contractual Conditions, or an order confirmation message.
Company
- Atena
- SAS
- Capital: 141,075.00 Euros
- Siren: 440 387 587 RCS Paris Code APE 4779Z
- Intracommunity VAT number: FR 75 440 387 587
- Rate: 20% (not applicable to second-hand items)
- Address: 68 Rue du Faubourg Saint Honoré 75008 Paris, France.
- Telephone: 01 39 76 87 09
- E-mail address: info@galerie-atena.com
Object
The present contract is an electronic distance selling contract whose purpose is to define the rights and obligations of the parties within the framework of the sale of products offered by Atena. In this sense, it complies with current French regulations, namely :
- Law 2004-575 on confidence in the digital economy.
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
- Recommendation n°07-02 of the Commission des clauses abusives, concerning contracts for the sale of movable property concluded over the Internet
It also complies with the OECD recommendations on e-commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors may act alone in cases where the law or custom authorizes them to act alone (art. 389-3 of the French Civil Code), and this in particular for low-value purchases, it seems essential to us to try by all means to verify that the customer has the power to contract. To this end, we may ask any customer placing an order on our site to provide proof of their capacity to enter into a contract, in compliance with the requirements of the amended Law 78-17. In the event of a purchase being made by a person who does not have the legal capacity to contract, we advise the latter's legal representatives to rescind (cancel) the sale in accordance with article 1305 of the French Civil Code.
Products
The products offered by Atena are presented on the sites in the French language. Any citizen of the European Community and countries complying with Directive 95/46/EC may not invoke his or her lack of language skills as a clause for contract cancellation. The products offered for direct sale by Atena are those listed on the www.galerie-atena.com site, on the day of consultation of said site by the Internet user, and within the limits of their availability. The illustrations presented on the site reflect the products for sale on the site, except in the limited cases inherent in the technical characteristics of the Internet (resolution and colors of the user's screen....). Due to the specific nature of the Internet, the company does not guarantee the availability of products on its site in real time. In the event that a product is unavailable, the company will inform Internet users by means of its website or by sending an e-mail to a valid e-mail address provided by the customer. The company will then offer to replace the product ordered by an equivalent product (quality and price), or a credit note, or to exercise your right of rescission (cancellation of your order). Due to the specific nature of the products offered by Atena, i.e. antique and rare items, and if the item offered is sold, it is almost impossible to offer another identical product.
Price
Product prices may be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.galerie-atena.com. In the event of an obvious typographical error, leading to the display of a "low price", the sale may be cancelled, as mentioned in the "Order Fulfilment" article. Prices are quoted in Euros (€), inclusive of VAT, and include order processing costs. Delivery charges are at the customer's expense, unless otherwise stipulated during the order process. The different delivery options (with their prices) are presented during the order process and specified in the order summary. Payment of the full price must be made at the latest on delivery of the products, unless otherwise specified during the ordering process and mentioned on the invoice. In the event of delivery of products outside France, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise specified. In this case, the Customer undertakes to check the possibility of importing the products ordered into the territory of the country of delivery.
Ordering and payment
Any order form signed by the Customer by "double-clicking" constitutes irrevocable acceptance, which may only be challenged in the cases exhaustively provided for in the present contract in the articles "Right of withdrawal" and "Execution of order". Any agreement to a quotation sent by e-mail to the customer, and returned to Atena with explicit agreement, also constitutes irrevocable acceptance. The order process complies with the provisions of article 1369-5 of the French Civil Code.
- All Internet users wishing to validate their order must identify themselves by completing the appropriate form provided on www.galerie-atena.com. This identification is carried out in strict compliance with the French Data Protection Act 78-17, as amended.
- After checking the contents of the order, as well as the total cost of the order (products ordered, shipping costs), and correcting any errors, the Internet user will confirm the order definitively. This confirmation will be considered as the conclusion of the contract.
- Contractual information will be the subject of a confirmation e-mail sent to the customer at the latest at the end of the withdrawal period, subject to the customer providing a valid e-mail address that is not subject to any restrictions on use (e.g. a business e-mail address). In this case, the company cannot be held responsible for sending contractual and/or advertising information to a restricted e-mail address. To pay for his order, the Customer has the choice of all the methods of payment referred to in the order process and presented on the company's website. The customer guarantees the company that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order. In the case of payment by credit card, the customer must provide his/her credit card number, depending on the type of card, its expiration date and the cryptogram number (3-digit number on the back of the credit card). Atena guarantees that payment is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all payment data as effectively as possible. The company guarantees that the encryption means and services used to secure transactions have been authorized or declared in application of current legislation. In the event of payment by card, the provisions relating to fraudulent use of the means of payment set out in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply, in accordance with article 132-4 of the French Monetary and Financial Code. If the only method of payment is by credit card, the order is definitively validated upon full payment (unless otherwise stipulated).
Delivery
Delivery time
The company guarantees that deliveries will be made in accordance with the conditions guaranteed by the carriers (except in cases of force majeure as defined by case law), and indicated on the www.galerie-atena.com website, or during the order process. In the event of late delivery, please inform the company by contacting customer service or by sending an e-mail to info@galerie-atena.com. If the delay is more than 7 days after the delivery date specified in the order process, you may cancel the order, in accordance with the procedure described in the "Right of cancellation" article.
Incomplete or non-conforming delivery (due to the carrier)
It is possible that the parcel is damaged or that its contents have been partially or totally stolen. If you notice such an error, please mention it on the carrier's delivery note and refuse the product by sending it back to us with a 170 "spoliation report". Should you become aware of such an error after the carrier's departure, please notify us by e-mail at info@galerie-atena.com or by telephone within a maximum of 72 working hours following receipt of the order. In accordance with article 133-3 of the French Commercial Code, you must send your complaint to the carrier by registered letter within 3 days (not including public holidays).
Incomplete or non-conforming delivery (due to the company's fault)
Despite the care taken in the preparation and packaging of products, it is possible that an error may have occurred during packaging. If you notice such an error, please notify us as soon as possible, and if possible within 72 working hours of receipt of the order. This can be done by e-mail to info@galerie-atena.com or by telephone.
Lost parcel
If a parcel is lost by one of our transport service providers, please inform us as soon as possible. The company will make inquiries with the relevant departments.
Right of withdrawal
In accordance with articles L121-16 and 121-20 of the French Consumer Code, the customer has a period of fourteen (14) clear days to exercise his right of withdrawal. This period runs from receipt of the order by the customer. In order to facilitate the processing of the return, the customer may contact the company by e-mail to obtain a return number prior to forwarding. This condition does not cancel the right of withdrawal. The cost of return shipment shall be borne entirely by the customer. Products must be returned in their original condition. It is also recommended that products be returned in their original packaging, in a way that provides the same shipping guarantees as when the products were originally shipped.
Right of rescission
In accordance with article L. 121-20-3 of the French Consumer Code, we will indicate the maximum delivery date when you place your order. If this delivery date is exceeded by 7 working days (except in cases of force majeure as defined by law), you will have the right to cancel your order by registered letter with acknowledgement of receipt within 60 days of the initial delivery date. In this case, we will reimburse all sums paid (excluding any return costs) within a maximum of 30 days following receipt of your registered letter.
Order execution
The company reserves the right to refuse an order for a "legitimate reason" (as defined by jurisprudence), and in particular (without this list being limitative) in the event of unavailability of the product, impossibility of executing the service, abusive request by the customer, presumption of impossibility for the customer to contract, or manifest intention on the part of the customer to harm the company. The company also reserves the right to refuse the order in the event of an obvious typographical error leading to the display of a "low price" at the time the customer places the order. In the event of a difference of interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the customer may request the intervention of a third party, as provided for in the article "Applicable law". The order will be executed no later than 7 days after the expected delivery date of the product or service mentioned in the order, subject to acceptance of the order by the company. An invoice will automatically be sent to the customer when the order is placed. This will be sent to the e-mail address indicated by the customer at the time of ordering, unless otherwise specified by the customer.
Warranty
Contractual warranty
The customer benefits from a contractual warranty on products supplied by the company. This guarantee is displayed on www.galerie-atena.com and its duration varies according to the category of products ordered. Additional warranty services may be offered depending on the products ordered. Their scope and pricing will be specified during the order process.
Legal warranty
In accordance with articles L 211-4 et seq. of the French Consumer Code, as well as articles 1641 and 1648 of the French Civil Code, the Internet user also benefits from a guarantee allowing him/her to return defective products.
- Article L211-4 of the French Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
- Article L211-5 code de la consommation : To be in conformity with the contract, the good must: 1º Be fit for the use usually expected of a similar good and, where appropriate :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2º Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the purchaser, brought to the attention of the seller and accepted by the latter.
- Article L211-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
- Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
- Article 1648 al 1er code civil: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Liability
Atena is responsible for the proper execution of the obligations resulting from the contract concluded at a distance, whether these obligations are to be executed by itself or by subcontractors, without prejudice to its right of recourse against the latter. Atena shall not be held liable for non-performance of the contract entered into, following the occurrence of an event of force majeure (as defined by law) and in particular in the event of a total or partial strike of postal services, carriers, and disasters caused by flood or fire. This limitation of liability also applies in the event of non-performance of the said contract due to the unforeseeable and insurmountable fault of a third party unrelated to the provision of the planned services. With regard to products purchased to satisfy professional needs, Atena shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, notably due to equipment incompatibility, shall not give rise to any compensation, reimbursement or liability on the part of Atena, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal.
Personal information
The information requested from the customer is necessary to process the order and may be communicated to the company's contractual partners (accountants, lawyers....). It may also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers. The customer may consult our "data protection" section for details of the personal data processing used via the www.galerie-atena.com website. Customers may also exercise their rights of access, rectification and opposition in accordance with the procedures set out in the company's "Data protection" and "Legal information" sections.
"Double-Click and proof
The "double click" associated with the customer's authentication and non-repudiation procedure at the time of ordering, and acceptance of the present Contractual Conditions, constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369-5 of the French Civil Code. Computerized registers, kept on the company's servers and on the servers of its banking establishments, will be considered as rebuttable presumptions of communications, orders and payments between the parties. Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the case of subcontracted customer service, the company undertakes to forbid its partner in charge of implementing this service from making such recordings, including in the context of "service improvement".
Document storage and archiving
Transaction data is archived on a reliable and durable medium, in accordance with article 1348 of the French Civil Code. It is therefore carried out in compliance with the AFNOR Z 42-013 standard concerning the design and operation of computer systems with a view to ensuring the preservation and integrity of records stored in these systems.
Entire contract
These general terms and conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the case of a prior agreement between the parties prior to the conclusion of the contract. The fact that the company does not avail itself of a breach by the Customer of any of the obligations referred to herein, shall not be interpreted for the future as a waiver of the obligation in question. The company reserves the right to adapt or modify the present Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep on its servers all time-stamped versions of the Contractual Conditions.
Reservation of ownership
Products delivered to the customer remain the property of the company until the contract has been fulfilled in full. On the other hand, the transfer of risk takes effect upon actual delivery of the products and/or services ordered on the e-shop. Documents supplied to the customer are governed by the French Intellectual Property Code. They therefore remain the property of the company. It is therefore forbidden to reproduce, transfer or exploit the documents supplied without the company's consent.
Applicable law
This contract is governed by French law, in accordance with European directives. This applies to both substantive and formal rules. In the event of a dispute, the companies will endeavor to reach an amicable settlement. This search for an amicable solution in no way interrupts the time limits for taking action under warranty. Otherwise, and in accordance with the provisions of articles 46 to 48 of the French Code of Civil Procedure (NCPC), the French courts shall have exclusive jurisdiction.
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