Terms of Sales
Terms of Sales
www.atelier312.com (the “Site”) is an e-commerce site, published and managed by the company AGUSTISSIMA, SAS with capital of €20,000, whose head office is located at 76-78 avenue des Champs-Elysées, 75008 Paris, France, registered with the Paris RCS under number 825 099 062, intra-community VAT number FR79-825099062 (“Agustissima”).
The purpose of these General Conditions of Sale (the “CGV”) is to define the conditions under which the Atelier 312 branded Products and Services are marketed by Agustissima.
It applies to all orders for products and services placed via the Site (the “Products”) with Agustissima by any natural, non-commercial person, having the legal capacity to contract, exclusively domiciled in the countries delivered by www. atelier312.com , acting only as a consumer and strictly for its personal needs (the “Client”).
The Customer must read the T&Cs and accept them prior to any order (the “Order”), the T&Cs being available on the Site. Agustissima reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the site www.atelier312.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of these General Terms and Conditions by the Customer by clicking on the “I have read and accept the general conditions of sale” button.
2. Site information and accessibility
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by Agustissima or its service providers, for the needs of its maintenance and/or security or in the event of force majeure. (as defined below). Agustissima cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
Agustissima does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, Agustissima may freely and at its sole discretion determine any period of unavailability of the Site or its content. Agustissima cannot be held responsible for data transmission, connection or network unavailability problems.
Agustissima reserves the right to change the Site, for technical or commercial reasons.
3. Registration on the site
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Client's registration on the Site is validated by Agustissima after verification of the standard form completed by the Client. The Customer receives a registration confirmation email.
When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Agustissima cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to Agustissima that he is of legal age and has the legal capacity to contract.
Agustissima may delete the Customer's Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are updated regularly. However, an error in the update, whatever the origin, does not engage the responsibility of Agustissima. As such, Agustissima cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks. In the event of stock exhaustion, Agustissima undertakes to inform the Customer and to correct the order or reimburse them if the order has already been paid.
Each Product will be the subject of a descriptive sheet which will contain: the price, the photograph, the sizes and colors available, the composition, as well as the particular characteristics of the Product. Agustissima takes the greatest care in the presentation and description of these Products to best satisfy the Customer's information. However, it is possible that minimal differences between a Product and its photograph may exist, which the Customer acknowledges and accepts. These differences concern in particular the colors, which may differ slightly from reality, depending in particular on the color quality of the photographs, the technical difficulty of rendering material renderings on screen or, without being exhaustive, the resolution and definition of the images. colors of the user or Client screen. These differences cannot be interpreted as lack of conformity, nor lead to the cancellation of the sale.
In the event of a manifest error or insignificant omission between the characteristics of the product and its representation and/or description, Agustissima cannot be held liable.
However, in the event of dissatisfaction, the customer will have the possibility of returning the items under the conditions stipulated in the “Returns” paragraph.
The product offers and prices appearing on the site are valid as long as they appear on the Site, while stocks last. In the event of unavailability of a product, which is not reported on the site, Agustissima undertakes to inform the Customer as soon as possible by email or by telephone and to indicate, where applicable, the deadline estimated waiting time for product delivery. The Customer may confirm their order or request a refund of the product based on the price invoiced. Depending on the pricing conditions for preparation and delivery costs stipulated on the site:
Preparation and delivery costs will be refunded to the Customer if the latter confirms the cancellation of their entire order. Preparation and delivery costs will remain the responsibility of the Customer if the latter confirms the delivery of one or more other available products forming part of the same order.
The prices of the Products offered for sale on the site www.atelier312.com are indicated in euros, all taxes included, excluding delivery costs, and are valid only on the Site; it being specified that the value added tax is that in force on mainland French territory on the day the order is validated.
The prices applied are those communicated on the Site and confirmed to the Customer when validating the order.
Delivery costs are communicated to the Customer on the order summary before validation of the latter and are expressed all taxes included. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products, unless otherwise mentioned on the Site (in particular in the case of a welcome offer).
The transfer of risks of loss and deterioration of the Products will be carried out after delivery and receipt of the Products by the Customer. Agustissima reserves the right to modify its prices at any time and without prior information but undertakes to apply the prices indicated on the Site at the time of the order by the Customer. The products ordered are invoiced to the Customer on the basis of the price in effect on the Site at the time of registration and payment of the order, subject to availability of the products.
These prices are exclusive of customs fees and other taxes applicable in the event of an order in a country other than France. In this case, these costs must be paid by the Customer directly to the carrier.
Agustissima informs the Customer that in the event of an incorrect, obviously derisory price being displayed (low price), whatever the reason (computer bug, manual error, technical error.), the order – even if validated by Agustissima – will be canceled, of which the Customer will be informed as soon as possible. The Customer will then be able, if he wishes, to re-place his order at the corrected and exact price.
Taking an order on the Site is subject to compliance with the procedure set up by Agustissima on the site including successive steps leading to validation of the Order.
has. Placing an order The Customer completes their order by completing the following 5 steps:
1st step: the Customer selects the chosen Products and adds them to their basket after selecting the desired size and color. The basket located at the top right of the screen informs the Customer that he has taken into account the selections by indicating the number of Products it contains.
2nd step: the Customer checks the contents of his basket by clicking on “order” in order to have access to the summary of his order. The Customer can then modify his order (Product, size, quantity). The total amount including tax of the order, distinguishing on the one hand the price due for the Products, and on the other hand the delivery costs, as mentioned on the site, is then indicated in the summary.
3rd step: once the order has been verified and, if necessary, modified, the Customer validates their basket in order to finalize their order by clicking on “order” again. If the Customer has an advantage code, he must enter it in the space provided for this purpose in order to benefit from it. Validation of the Order constitutes confirmation of acceptance by the Customer of the General Terms and Conditions (who will have clicked on the “I have read and accept the general conditions of sale” button), the Products purchased, their price as well as the associated costs, as mentioned on the Site.
4th step: entry by the Customer of delivery and invoicing details Apart from the additional address and delivery information, all fields are necessary to finalize the order; it being specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address. If the Customer has already placed an order on the Site, he has a customer account. In such a case, he will identify himself only with his email address and password. The Customer then checks all the information and clicks on “validate” to continue his order.
5th step: Entering bank details The Customer will then access the secure payment screen of Agustissima partners as specified in the “Payment” paragraph below. Payment is made online by credit card or Paypal only.
The Customer must enter their bank card number, its expiry date as well as the numbers of the visual cryptogram present on the card (3 or 4 numbers depending on the card).
If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
In the event of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected on the Site to a screen informing them of the payment refusal. The Customer will then be invited to contact Agustissima customer service to find out the reasons and together find a solution to finalize the Customer's order.
b. Order confirmation
Upon acceptance of the Customer's payment, the Customer will receive an email confirming their Order, summarizing all the items ordered, the billing and delivery address as well as the estimated delivery date.
To this end, the Customer formally accepts the use of email for confirmation by Agustissima of the content of his Order.
The validation of the Order by the Customer and the order confirmation sent to the Customer by email by the Site following acceptance of payment constitute the conclusion of a sales contract between the Customer and Agustissima and acceptance of the General Conditions of Sale by the customer.
The Customer who has placed an order will have the possibility to print his invoice by connecting to the Site in the “Order tracking” space provided for this purpose. The Site's customer service is available to the Customer for any questions relating to their order.
Customer service is available by email: email@example.com and telephone +33 (0)7 49 11 31 81
vs. Refusal to process an order
Agustissima reserves the right not to validate or cancel the order in the event of:
abnormal or abusive claims,
abnormal orders with regard to the quantities ordered,
abnormal or abusive exchanges and returns,
existing dispute(s) with the customer.
Agustissima reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite Agustissima's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order. Agustissima cannot be held responsible towards the Customer or a third party due to the decision to remove a Product from the Site, or due to the decision to replace or modify any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
d. Archiving of the order The order confirmation is recorded in the Agustissima registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation will be considered as proof of the contractual relations between himself and Agustissima.
The price of the Products purchased is payable in full in cash on the day the order is placed by the Customer. Payment is made online by card (Visa, Mastercard, American Express) via the secure platform of our partner STRIPE or via PAYPAL, at the time of validation of the order by the Customer.
The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of unavailability of the servers. Agustissima reserves the right to make a new request for authorization of direct debit in the event that the first could not be completed due to unavailability of the servers.
In the event of non-payment, an incorrect address or any other problem on the Customer's account, Agustissima reserves the right to block the Customer's order until the problem is resolved. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by Agustissima to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Agustissima constitutes proof of the Order and all past sales. The data recorded by Stripe or Paypal constitutes proof of any financial transaction between the Client and Atelier 312.
Checks or transfers are not accepted as a means of payment on the Site.
has. Measures against bank fraud
Agustissima reserves the freedom to verify the personal data provided by the Customer and to adopt the measures it deems necessary (request for supporting documents and/or cancellation of the order) to verify that the person whose bank account is debited is indeed the one who placed the order and thus avoid any fraudulent use of bank card numbers on the Site.
The products ordered remain the property of Agustissima until full payment of the invoice. The link certifies having the necessary authorizations to make payment by credit card. In the context of a payment by bank card without authentication, the payment order may be repudiated in the event of fraudulent use of the card in accordance with the contract concluded between the Customer and his banking establishment.
b. Payment security
Agustissima implements all necessary means to ensure the confidentiality and security of banking data transmitted on the Site. The Site is equipped with an online payment security system allowing your banking data to be encrypted. Payment information is transmitted according to the highest security standards. The transmission of your banking data is guaranteed by our partners: STRIPE France and PAYPAL France registered in France.
Agustissima delegates to them the use of cryptology means to secure transactions in accordance with current legislation.
All information exchanged to process the payment is confidential and is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through Agustissima's computer system. The partners check that the connection with the Customer's browser is secure before sending the payment form to the banking institution carrying out the financial transaction.
Stripe and Paypal being technical service providers, they do not handle disputes related to orders which are processed directly by customer service as specified above or, where applicable, by the Customer's bank.
Agustissima will deliver orders accompanied by an invoice by post within an average of five (5) working days for delivery to mainland France, starting from the day following payment of the order. This average time corresponds to the best efforts implemented by Agustissima and is non-contractual.
In the event of exceeding the Delivery time, not justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days from his request, the reimbursement of the sums paid to the occasion of the sale.
Notwithstanding the above, Agustissima cannot be held responsible for the damaging consequences resulting from a delivery delay, only reimbursement of the Product by Agustissima being possible to the exclusion of any other form of compensation.
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Deliveries and Returns” section.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (e.g. delivery to his company). If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point, no reshipment can be carried out and the Customer will be reimbursed within a period of 5 (five) days from receipt of the Order by Agustissima.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.). Agustissima cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure, as defined below.
9. Receipt of the order – Complaints – Returns
The Customer is required to check the conformity of the Products received in execution of his Order at the time of delivery. Any anomaly concerning delivery such as:
products not in conformity with the order,
must be notified within the legal deadlines following receipt of the order.
This notification will be sent to the Site's customer service either:
by registered mail, by writing to the following address: Agustissima – Atelier 312, B130, 76-78 Avenue des Champs-Elysées, 75008 Paris. by email to firstname.lastname@example.org
after this period, and unless there is a hidden defect, no complaint will be accepted by Agustissima, the Products then being deemed to be compliant. For any return of non-compliant Product, the Customer must respect the following procedure:
The Customer must request the return form by email ( email@example.com ) indicating the reason for return, and attach it to their package having previously printed and completed it.
No returns will be accepted without said return slip duly completed. The Products must be returned either in their original packaging, or in packaging protecting the product against any deterioration, with their label attached, unworn, unwashed, and any accessories allowing their re-marketing, to the following address: Agustissima – Atelier 312, B130, 76-78 avenue des Champs-Elysées, 75008 Paris.
Return risks are the sole responsibility of the Customer.
When non-compliance has been noted, Agustissima will offer the Customer reimbursement of the price of the order (price of the Products and delivery costs as indicated on the invoice), at the latest within fourteen (14) days from the date of receipt by Agustissima of the notification of non-compliance sent by the Customer to the customer service of the Atelier 312 Site.
In the event of a refund, Agustissima will reimburse all products made compliant, as well as shipping costs incurred, with the exception of taxes and customs duties paid by the customer upon delivery. Cash on delivery returns are not accepted. In the event of abnormal or abusive complaints, Agustissima may refuse to serve a subsequent order.
10. Right of withdrawal, returns and refunds
The Customer has a period of fourteen (14) days from the day after the date of receipt of his order (and in the event of an Order for several grouped Products, from the day after receipt of the last of the Products), to return the Products ordered, without justification or penalty. If this period expires on a Saturday, Sunday or public holiday, this period is extended until the first following working day.
Beyond this period of 14 (fourteen) days, the sale is firm and final.
For any returns under the right of withdrawal, the procedure below must be fully respected:
The Customer must request the return form by email ( firstname.lastname@example.org ) indicating the items that will be returned as well as the reason for return, and attach it to their package having previously printed and completed it. No returns will be accepted without said return slip duly completed. upon receipt of the form, the Customer will receive by email within 24 hours a prepaid postal return label to stick on the package to be returned. no returns will be accepted without said return slip duly completed.
The Products must be returned in their original packaging, with their label still attached with the sealed cord and any accessories, unworn, unwashed, in impeccable condition to: Agustissima – Atelier 312, B130, 76-78 avenue Champs -Elysées, 75008 Paris. Return risks are the sole responsibility of the Customer. Subject to the conditions mentioned above, Agustissima will reimburse the amount including tax of the order to the Customer (price of the Product and delivery costs, as indicated on the invoice). The Customer's bank account will be credited with the said amount, as soon as possible following receipt of the Products by ATELIER 312. ATELIER 312 will make the reimbursement using the same means of payment as that which was used for payment of the Order.
If the Customer fails to comply with these General Terms and Conditions, Agustissima will not be able to reimburse the Products concerned. Products worn, damaged, stained, from which the label has been removed, or which have been the subject of a manifestly improper return, will not be taken back. In this case, the refusal of recovery will be notified to the Customer by email and the package will be returned to the Customer within 15 days and the refund will not be made.
11. Transfer of ownership / transfer of risks
The transfer of ownership of the products to the benefit of the customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. However, the transfer of risks of loss and deterioration of the products will take place upon delivery and receipt of the products by the customer.
All products offered for sale on the Site www.atelier312.com benefit from the guarantee of conformity and the legal guarantee against hidden defects provided for in articles 1641 et seq., and article 1648 of the Civil Code. Agustissima undertakes to reimburse the customer or exchange any apparently defective, damaged or damaged product within the legal deadline.
In the event of a manifest error attributable to Agustissima, and in particular in the event of non-conformity of the products received with the products ordered (error in size, color, etc.), the customer must contact Customer Service, via the conditions set out in paragraph 10 “Returns”, which will issue a prepaid label for the return (or exchange) of its non-compliant receipt.
Agustissima reserves the right to refuse any reimbursement request that is manifestly abusive or submitted outside the prescribed deadlines.
13. Complaints / Information
For any information, complaint or question relating to these General Terms and Conditions or to the products offered for sale on the site www.atelier312.com , the Customer is invited to contact the Customer Service of the company Agustissima, by email at: hello@ atelier312.com specifying the order number.
14. Limitation of liability
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or transfers of information, risks of outage, the risks of contamination by viruses circulating on the network and in general all the risks linked to the use of the Internet network.
Agustissima cannot under any circumstances be held responsible for:
any direct or indirect damage - such as loss of data, intrusion, viruses, service interruption, or other unintentional problems - resulting from misuse or incident linked to the use of the computer, access to Internet, the maintenance or malfunction of servers, the telephone line or any other technical connection, the Client's connection to the Site being under his sole responsibility, the content of the sites to which hypertext links may refer from his own site, for non-performance of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike in particular of postal services and means of transport and/or communications.
15. Force majeure
Agustissima will not be responsible for the total or partial non-execution of its obligations under the order placed by the Customer, if this non-execution is caused by an event constituting a case of force majeure as defined by law. positive. In such a case, Customer Service will inform the Customer of the occurrence of such an event within seven (7) clear days following its occurrence, by email or by registered letter with acknowledgment of receipt. After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order may be canceled, at the request of the Customer or Agustissima, without compensation from either party. otherwise, and will, where applicable, be reimbursed by Agustissima on the bank card used to place the order within a maximum period of 30 (thirty) days. Failure to pay by the Customer cannot be justified by a case of force majeure.
16. Intellectual property
All elements of the Site are and remain the exclusive intellectual property of SAS Agustissima. The customer is not authorized to reproduce, exploit, modify, distribute, or use for any reason whatsoever, even partially, elements of the Site, whether software, visual or sound.
The texts, images, drawings and model of the Site, the products offered for sale on the Site, as well as the graphic charter of this Site are protected by intellectual property law.
It is prohibited to copy, extract, distribute, modify or adapt the contents of this Site. Downloading and printing text, images and graphic elements is authorized for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of the Agustissima company. Failure to obtain authorization is punishable by the offense of counterfeiting.
18. Brands and logos
The brand and logos appearing on the Site are registered and protected trademarks.
Any total or partial reproduction of these brands and/or logos, made from elements of the Site without the express authorization of the company Agustissima, constitutes an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code .
The databases established by the Agustissima company are protected by copyright as well as by the law of July 1, 1998 transposing into the Intellectual Property Code the European directive of March 11, 1996 relating to the legal protection of databases. of data. Any extraction can only be limited and carried out for private purposes.
20. Personal data
Consulting the site www.atelier312.com does not require registration or identification with Agustissima. However, registration data as well as IP addresses directly collected by the site www.atelier312.com while browsing the site are processed in compliance with the principles of protection of personal data defined by the legislation in force.
The Internet offer of the Agustissima company provides the possibility of entering personal or commercial data. The indication of data by the user is expressly done on a voluntary basis, and is validated by the order. This data is necessary for Agustissima to process the Customer's order. The Agustissima company expressly declares that said data will only be used for its personal exploitation and that of its commercial partners. All information will be treated confidentially in accordance with the legal provisions on data protection in force.
Following any injunction from legal authorities or in order to defend its rights or those of its employees, customers or any other person, Agustissima may communicate this data to legally authorized organizations and authorities.
Agustissima undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or from unauthorized third parties having access to it. The Customer's personal information is sent and stored by the site host located in France, whose details appear on the site in the “Legal Notices” section.
In accordance with the “Informatique et Libertés” law of January 6, 1978, as amended by the law of August 6, 2004, the Customer has the right to access, rectify, modify and delete data concerning him.
The site is declared to the National Commission for Information Technology and Liberties – CNIL under number 1351361. The Customer can exercise this right by sending a letter to the following address or by email, specifying their name, first name, email and postal address:
Agustissima – Atelier 312
76-78 avenue des Champs-Elysées
The Customer can also modify his personal contact details from his customer area by identifying himself using his email address and password.
ATELIER 312 collects information relating to your browsing using cookies when you visit the site www.atelier312.com . ATELIER 312 does not place cookies without your consent, except for cookies strictly necessary for the operation of the site.
22. Consumer mediator
In the event of a dispute, the Customer can contact one of the consumer mediators, the list of which can be consulted at the Consumer Mediation Center of Justice Conciliators, competent in the field concerning the clothing trade.
The Client may contact the mediator:
By email: email@example.com
Or by mail: 14 rue Saint Jean – 75017 Paris
23. Applicable law
The sale of Products and these General Terms and Conditions online are subject to French law.
If any of the terms of these General Conditions of Sale are found to be null, illegal or unenforceable by court decision, the other provisions of the General Conditions of Sale will remain in force.
The General Conditions of Sale are executed and interpreted in accordance with French law.
Any dispute relating to the interpretation of the General Conditions of Sale, to the execution or termination of a sale, to the interpretation, execution or termination hereof is subject, in the absence of amicable agreement, to the courts legally. competent personnel from the Agustissima company head office.