Terms and conditions of the website www.galerie-atena.com
Preamble
You are currently connected to one of the sites administered 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 the Atena online shop. The "double-click" that you make after filling out your order form constitutes validation of the same and shall constitute 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 (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" means any contract concerning the ordering of products and/or services concluded between the company (*) and a client (*) within the framework of a distance sales or service provision system organised by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself
- Customer" means any natural person who, in this contract, is acting as an individual or as a representative of a legal person and who has the right to contract.
- Order form": a document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by the customer by "double clicking" (*) to commit him.
- Order": an act by which the client undertakes to purchase products and/or services and the company (*) to deliver them and/or provide them to the client.
- Product" means a good sold or service provided by the company.
- Double click": reiteration of the validation of the Order Form 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 can be done by means of a checkbox accepting the Contractual Conditions, or by a message confirming the order.
Company
- Atena
- SAS
- Capital : 141 075,00 Euros
- Siren: 440 387 587 RCS Paris Code APE 4779Z
- VAT number: FR 75 440 387 587
- Rate: 20% (not applicable to second-hand objects)
- Address: 68 Rue du Faubourg Saint Honoré 75008 Paris, France.
- Telephone: 01 39 76 87 09
- Email address: info@galerie-atena.com
Object
This contract is an electronic distance selling contract whose purpose is to define the rights and obligations of the parties in the context of the sale of products offered by Atena. In this sense, it complies with current French regulations, namely
- Law 2004-575 known as the Law for Confidence in the Digital Economy.
- Law 2008-3 of 3 January 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 is also in line with the OECD recommendations in the area of 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 usage authorises them to act alone (art. 389-3 of the French Civil Code), and this in particular for purchases of low value, it seems essential to us to try by any 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 prove his or her capacity to contract, in compliance with the obligations of the amended Law 78-17. In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of this person to rescind (cancel) the sale by virtue of article 1305 of the Civil Code.
Products
The products offered by Atena are presented on the sites in the French language. Any citizen of the European Community and of countries complying with Directive 95/46/EC may not assert his or her lack of language skills as a clause for cancellation of the contract. The products offered for direct sale by Atena are those that appear on the www.galerie-atena.com website on the day of consultation of said website 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 to the technical characteristics of the Internet (resolution and colours of the Internet 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 of the unavailability of one of the products, the company will inform Internet users by means of its site or by sending an e-mail to a valid e-mail address provided by the customer. The company will then propose to you the replacement of the product ordered by an equivalent product (quality and price), or a credit note, or to exercise your right of resolution (cancellation of your order). Due to the specific nature of the products offered by Atena, i.e. antique and rare objects, and if the object offered is sold, it is almost impossible to offer another identical product.
Awards
The prices of the products can 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 article "Execution of the order". The prices mentioned are in Euros (€), presented inclusive of tax and include the costs related to the processing of orders. Delivery charges are at the customer's expense, unless otherwise stipulated during the ordering process. The different delivery options (with their prices) are presented during the order process and specified during the summary of the order. Payment of the full price must be made at the latest upon delivery of the products, unless otherwise specified during the order process and mentioned on the invoice. In the event of delivery of products outside French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
Ordering and Payment
Any order form signed by the Client by "double-clicking" constitutes an irrevocable acceptance that may only be challenged in the cases exhaustively provided for in this contract in the "Right of Withdrawal" and "Execution of the Order" articles. Any agreement to a quote sent by email to the client and returned to Atena with explicit agreement also constitutes irrevocable acceptance. The order process complies with the provisions of Article 1369-5 of the Civil Code.
- Any Internet user wishing to validate his order must identify himself by filling in the appropriate form provided on www.galerie-atena.com. This identification is done in strict compliance with the modified Law 78-17 as indicated in our "Data Protection" section.
- After checking the content 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 it definitively. This confirmation will be considered as the conclusion of the contract.
- The 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 and subject to the provision by the customer of a valid e-mail address, not subject to any restrictions on use (e.g. professional 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. In order to pay for his order, the Client has the choice of all the payment methods referred to in the order process and presented on the company's website. The Customer guarantees the company that he/she has the necessary authorisations 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, the expiry date and the cryptogram number (3-digit number on the back of the credit card). Atena guarantees that the payment is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to the means of payment as effectively as possible. The company guarantees that the encryption means and services used to secure transactions have been authorised or declared in accordance with the legislation in force. In the event of payment by card, the provisions relating to the fraudulent use of the means of payment set out in the agreements concluded between the Client and the card issuer and between the company and its banking establishments shall apply, in accordance with Article 132-4 of the French Monetary and Financial Code. If the only method of payment is payment by credit card, the final validation of the order takes place upon full payment (except for specific provisions) of the order.
Delivery
Delivery time
The company guarantees that deliveries will be made in accordance with the conditions guaranteed by the transport service providers (except in cases of force majeure as defined by case law), and indicated on the website www.galerie-atena.com, or during the ordering process. In the event of a delay in delivery, please inform the company by contacting customer service or by sending an e-mail to info@galerie-atena.com. If the delay exceeds the delivery date set during the order process by 7 days, you may cancel the order in accordance with the terms and conditions set out in the "Right of cancellation" article.
Incomplete or non-conforming delivery (due to the carrier)
It is possible that the package is damaged or that the 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 "spoliation report". In the event that you become aware of this error after the departure of the carrier, please inform us of it 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, please send your justified protest by registered letter to the carrier within 3 days (not including public holidays).
Incomplete or non-conforming delivery (due to the company)
Despite the care taken in the preparation and packaging of the products, it is possible that an error has occurred during packaging. If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receiving the order. This can be done by e-mail to info@galerie-atena.com or by telephone.
Lost parcel
In the event that a parcel is lost by one of our transport providers, please inform us as soon as possible. The company will investigate with the relevant departments.
Right of withdrawal
In accordance with articles L121-16 and 121-20 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise his right of withdrawal. This period runs from the date of 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 in order to obtain a return number before reshipping. This condition does not imply the cancellation of the right of withdrawal. The customer shall bear the full cost of returning the goods. The products must be returned complete, in a condition identical to the original. It is also recommended that the products be returned in their original packaging, in a way that guarantees the same shipping conditions as those defined 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 the case of force majeure as defined by the Law), you will have the option of cancelling your order by registered letter with acknowledgement of receipt within 60 days of the initial delivery date. In this case, we will reimburse you for the totality of the sums paid (excluding any return costs), within a maximum of 30 days following receipt of your registered letter.
Execution of the order
The company reserves the right to refuse the order for a "legitimate reason" (as defined by jurisprudence), and in particular (without this list being restrictive) in the event of the unavailability of the product, the impossibility of executing the service, an abusive request from the client, the presumption of impossibility for the client to contract, or the manifest intention of the client 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 in 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 at the latest within a period not exceeding 7 days from the expected date of delivery of the product or service mentioned at the time of the order, subject to the 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 when ordering, unless otherwise specified by the customer.
Guarantee
Contractual guarantee
The customer benefits from a contractual guarantee on the 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 ordering process.
Legal guarantee
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 delivered
- Article L211-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L211-5 of the Consumer Code: To be in conformity with the contract, the goods must: 1º Be suitable for the use usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- 2º Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
- Article 1641 of the French Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about 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.
Responsibility
Atena is responsible for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against the latter. Atena shall not be held responsible for the 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 the postal services, carriers, and disasters caused by floods or fires. This limitation of liability is also applicable toWall sconcein the event of non-performance of the said contract due to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided. With respect to products purchased to satisfy professional needs, Atena shall not be liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of this contract. The choice and purchase of a product or service are the sole responsibility of the client. The total or partial inability to use the products, particularly 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 for the processing of his/her 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 can consult our "data protection" section for the characteristics of the personal data processing used via the www.galerie-atena.com website. The customer can also exercise his rights of access, rectification and opposition according to the methods mentioned in the "Data Protection" and "Legal Notice" sections of the company.
"Double-Click and proof
The "double click" associated with the customer's authentication and non-repudiation procedure when ordering and the acceptance of the present Contractual Conditions shall constitute validation of the order and conclusion of the contract, in accordance with the provisions of Article 1369-5 of the Civil Code. The computerised registers, kept on the company's servers as well as 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 a subcontracting of their customer service, the company undertakes to prohibit their partner in charge of the implementation of this service from making such recordings, including in the context of "service improvement".
Document retention and archiving
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code. It is therefore carried out in accordance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the preservation and integrity of the records stored in these systems.
Entire contract
These general conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Client may be incorporated into these general conditions, except in the case of a prior agreement between the parties before the conclusion of the contract. The fact that the company does not take advantage of a breach by the Client 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 these 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
The products delivered to the customer remain the property of the company as long as the contract has not been executed in full. On the other hand, the transfer of risks takes effect as soon as the products and/or services ordered on the e-shop are actually delivered. The documents provided to the customer are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore forbidden to reproduce, transfer or exploit the documents provided without the company's consent.
Applicable law
This contract is subject to French law, in accordance with European directives. This applies to both the substantive rules and the rules of form. In the event of a dispute, the companies shall give preference to an amicable settlement. This search for an amicable solution does not interrupt the time limits for taking action in warranty. Otherwise, and in accordance with the provisions of Articles 46 to 48 of the NCPC, the French courts shall have exclusive jurisdiction.
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