General Terms and Conditions of the site www.galerie-atena.com
Preamble
You are currently connected to one of the websites administered by Atena. This document aims to inform you about the company Atena and its general terms and conditions of online sale (Contractual Conditions). You must carefully read the following provisions, as they constitute an electronic contract establishing the general terms and conditions of sale for Atena's online store. The "double-click" you perform after completing your order form constitutes its validation and will be considered irrevocable acceptance of these Contractual Conditions once your order has been validated. Consequently, you may only order products and/or services if you accept all the conditions set forth below. The internet user (a natural person with the capacity to enter into a contract) and Atena are hereinafter referred to as "the parties," and individually as "a party."
Definitions
In this contract, each of the expressions mentioned below shall be understood according to 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 selling or service provision system organised by the company (*) which, for this contract, uses exclusively the Internet network up to and including the conclusion of the contract itself.
- “client”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal entity and who has the right to contract.
- “Order form”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click”(*) to commit him.
- “Order”: the act by which the customer undertakes to purchase products and/or services and the company (*) undertakes to deliver and/or provide them to him.
- "product": good sold or service provided by the company.
- "Double click": This involves the customer reiterating their validation of the order form. An order form completed and validated once is never processed without the customer's confirmation. This confirmation can be made by checking a box indicating acceptance of the Contractual Terms and Conditions, or by receiving an order confirmation message.
Company
- Atena
- SAS
- Capital: 141,075.00 Euros
- Siren: 440 387 587 RCS Paris APE code 4779Z
- Intra-Community 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
- Email address: info@galerie-atena.com
Object
This contract is an electronic distance selling contract which aims to define the rights and obligations of the parties within the framework of the sale of products offered by Atena. As such, it complies with current French regulations, namely:
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
- Recommendation No. 07-02 of the Commission on Unfair Terms, concerning contracts for the sale of movable goods concluded via the internet
It is also in line with OECD recommendations in the field of e-commerce.
Protection of minors
Our company places particular importance on the protection of minors in its online business activities. While minors may act independently in cases where the law or custom permits them to do so (Article 389-3 of the French Civil Code), particularly for low-value purchases, we consider it essential to make every effort to verify that the customer has the legal capacity to enter into a contract. To this end, we may ask any customer placing an order on our website to provide proof of their legal capacity to contract, in accordance with the obligations of amended Law 78-17. If a purchase is made by someone lacking the legal capacity to contract, we advise their legal representatives to have the sale rescinded (cancelled) pursuant to Article 1305 of the French Civil Code.
Products
The products offered by Atena are presented on the website in French. Citizens of the European Union and countries respecting Directive 95/46/EC may not invoke their lack of knowledge of the language as grounds for canceling the contract. The products offered for direct sale by Atena are those listed on the website www.galerie-atena.com on the day the user consults the site, and are subject to availability. The illustrations displayed on the website accurately reflect the products for sale, except in limited cases inherent to the technical characteristics of the internet (screen resolution and colors, etc.). Due to the nature of the internet, the company does not guarantee real-time product availability on its website. In the event that a product is unavailable, the company will inform users via its website or by sending an email to a valid email address provided by the customer. The company will then offer you a replacement of the ordered product with an equivalent product (in terms of quality and price), a credit note, or the option to exercise your right of cancellation. Due to the specific nature of the products offered by Atena, namely antique and rare items, if the item offered is sold, it is virtually impossible to offer an identical replacement.
Price
Product prices may be changed at any time by the company, except for any sale of a product concluded at the price displayed on www.galerie-atena.com. In the event of a clear typographical error resulting in the display of an incorrect price, the sale may be canceled, as mentioned in the "Order Fulfillment" section. Prices are listed in Euros (€), inclusive of all taxes, and include order processing fees. Delivery charges are the responsibility of the customer, unless otherwise stipulated during the ordering process. The various delivery options (along with their prices) are presented during the ordering process and detailed in the order summary. Full payment is due upon delivery of the products, unless otherwise specified during the ordering process and indicated on the invoice. In the event of delivery outside of France, customs duties and formalities are the sole responsibility of the customer, unless otherwise stated. The Customer then undertakes to check the possibilities of importing the ordered products with regard to the territory of the country of delivery.
Order and Payment
Any order form signed by the Customer via "double-click" constitutes an irrevocable acceptance that can only be challenged in the limited cases provided for in this contract under the articles "Right of Withdrawal" and "Order Fulfillment." Any agreement to a quote sent by email to the customer and returned to Atena with explicit confirmation also constitutes an irrevocable acceptance. The ordering process complies with the provisions of Article 1369-5 of the French Civil Code.
- Any internet user 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 Law 78-17 as amended, as indicated in our "Data Protection" section.
After verifying the contents of their order, as well as its total cost (products ordered, shipping fees), and correcting any errors, the user will definitively confirm it. This confirmation will constitute acceptance of the contract.
Contractual information will be confirmed by email to the customer no later than the end of the withdrawal period, provided the customer has supplied a valid email address that is not subject to any usage restrictions (e.g., a work email address). In this case, the company cannot be held responsible for sending contractual and/or promotional information to a restricted-access email address. To pay for their order, the customer may choose from all payment methods listed in the order process and presented on the company's website. The customer guarantees to the company that they have all necessary authorizations to use the payment method chosen when validating the order. In the case of payment by credit card, the customer must provide their card number, the card type, the expiration date, and the security code (the 3-digit number on the back of the card). Atena guarantees that payment is secured by SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible. The company guarantees that the encryption methods and services used to secure transactions have been authorized or declared in accordance with applicable legislation. In the case of payment by card, the provisions relating to fraudulent use of the payment method, as stipulated in the agreements between the Customer and the card issuer and between the company and its banks, apply, in accordance with Article 132-4 of the French Monetary and Financial Code. If the only payment method is by credit card, the order is definitively validated upon full payment (unless otherwise specified).
Delivery
delivery time
The company guarantees that deliveries will be made according to the terms guaranteed by the shipping 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 delivery delay, please inform the company by contacting customer service or by sending an email to info@galerie-atena.com. If the delay exceeds 7 days from the delivery date indicated during the ordering process, you may cancel the order, according to the terms set out in the "Right of Cancellation" section.
Incomplete or non-compliant delivery (due to the carrier)
The package may be damaged, or its contents may have been partially or completely stolen. If you notice such an error, please note it on the carrier's delivery slip and refuse the product, returning it to us along with a completed form 170, also known as a "damage report." If you discover this error after the carrier has left, please notify us by email at info@galerie-atena.com or by telephone within 72 business hours of receiving your order. In accordance with Article 133-3 of the French Commercial Code, you must send your formal complaint by registered letter with acknowledgment of receipt to the carrier within 3 days (excluding public holidays).
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in preparing and packaging our products, errors may occur. If you notice such an error, please notify us as soon as possible, and if possible within 72 business hours of receiving your order. You can notify us by email at info@galerie-atena.com or by phone.
Lost package
In the event that a package is lost by one of our shipping providers, please inform us as soon as possible. The company will conduct an investigation with the relevant services.
Right of withdrawal
In accordance with Articles L121-16 and L121-20 of the French Consumer Code, the customer has a period of fourteen (14) clear days to exercise their right of withdrawal. This period begins upon receipt of the order by the customer. To facilitate the processing of their return, the customer may contact the company by email to obtain a return number before reshipping the item. This condition does not in any way invalidate the right of withdrawal. The return shipping costs will remain entirely the responsibility of the customer. The products must be returned complete and in the same condition as when they were originally received. It is also recommended that the products be returned in their original packaging, using a shipping method that offers guarantees similar to those used for the initial shipment of the products.
Right of termination
In accordance with Article L. 121-20-3 of the French Consumer Code, we will inform you of the maximum delivery date when you place your order. If this delivery date is exceeded by 7 business days (excluding cases of force majeure as defined by law), you may cancel your order by sending a registered letter with acknowledgment of receipt within 60 days of the initial delivery date. In this case, we will refund all sums paid (excluding any return shipping costs) within a maximum of 30 days of receiving your registered letter.
Command execution
The company reserves the right to refuse an order for a "legitimate reason" (as defined by case law), including (but not limited to) product unavailability, inability to perform the service, abusive customer requests, presumed inability of the customer to enter into a contract, or a clear intention on the part of the customer to harm the company. The company also reserves the right to refuse an order in the event of a clear typographical error resulting in the display of a "grossly false price" at the time the customer places the order. In the event of a difference of interpretation between "low price" and "gross false price" regarding 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 "Applicable Law" section. The order will be processed no later than 7 days after the scheduled delivery date of the product or service indicated at the time of ordering, subject to acceptance of the order by the company. An invoice will be automatically sent to the customer upon ordering. This invoice will be sent to the email address provided by the customer during the ordering process, unless otherwise specified.
Guarantee
Contractual guarantee
The customer benefits from a contractual warranty on the products supplied by the company. This warranty is displayed on www.galerie-atena.com and its duration varies depending on the product category 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 Consumer Code, as well as Articles 1641 and 1648 of the Civil Code, the user also benefits from a guarantee allowing them to return defective products.
Article L211-4 of the 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. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
· Article L211-5 of the Consumer Code: To conform to the contract, the goods must: 1° Be fit for the purpose for which goods of the same type are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- to possess the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or to possess the characteristics defined by mutual agreement between the parties or to be suitable for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
· Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
· Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
· Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Responsibility
Atena is responsible for the proper performance of the obligations arising from the distance contract, whether these obligations are to be performed by Atena itself or by subcontractors, without prejudice to its right of recourse against the latter. Atena shall not be held liable for the non-performance of the contract due to the occurrence of a force majeure event (as defined by law), and in particular in the event of a total or partial strike of postal services or carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of said contract due to an unforeseeable and insurmountable event caused by a third party unrelated to the provision of the services stipulated. With regard to products purchased for professional use, Atena shall not be liable for any indirect damages arising from this agreement, including loss of business, loss of profits, damages, or expenses. 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, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of Atena, except in the case of a proven hidden defect, non-conformity, malfunction or exercise of the right of withdrawal.
Personal Information
The information requested from the Customer is necessary for processing their order and may be shared with the company's contractual partners (accountants, lawyers, etc.). It may also be transmitted to any competent authority for the resolution of disputes between the company and one of its customers. The customer can consult the "Data Protection" section for details of the personal data processing used via the website www.galerie-atena.com. The customer may also exercise their rights of access, rectification, and objection in accordance with the procedures outlined in the company's "Data Protection" and "Legal Notices" sections.
"Double-Click" and proof
The "double click" associated with the customer authentication and non-repudiation procedure during the ordering process and the acceptance of these Terms and 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 records, stored on the company's servers as well as on the servers of its banking institutions, will be considered rebuttable presumptions of communications, orders, and payments made between the parties. Under no circumstances will the company record telephone conversations between a company member and one of its customers or prospects. In the event of outsourcing its customer service, the company undertakes to prohibit its partner responsible for implementing this service from making such recordings, including for the purpose of "service improvement."
Document preservation 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 AFNOR standard Z 42-013 concerning the design and operation of computer systems to ensure the preservation and integrity of records stored in these systems.
Entire contract
These terms and conditions constitute the entire agreement between the parties. No general or specific terms and conditions communicated by the Client may be incorporated into these terms and conditions, except with the prior written agreement of the parties before the conclusion of the contract. The Company's failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. The Company reserves the right to adapt or modify these Terms and Conditions at any time. In the event of modification, the Terms and Conditions in effect on the date of the order will apply to each order. The Company will also retain all time-stamped versions of the Terms and Conditions on its servers.
Retention of title
Products delivered to the customer remain the property of the company until the contract has been fully executed. However, the transfer of risk takes effect upon the actual delivery of the products and/or services ordered from the online store. Documents provided to the customer are governed by the Intellectual Property Code. They therefore remain the property of the company. It is thus prohibited to reproduce, transfer, or use the documents provided 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 procedural rules. In the event of a dispute, the companies will endeavor to reach an amicable settlement. This attempt at an amicable solution does not interrupt the time limits for bringing a warranty claim. Failing this, and in accordance with Articles 46 to 48 of the French Code of Civil Procedure, the French courts shall have exclusive jurisdiction.
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