Terms of sale

These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are offered by BLOCH BE-Com.

The following terms will be used:

• "Site" : the site https://atelieratypique.com and all of its pages.
• "Products" : all the products (materials) that can be purchased or subscribed to on the Site.
• "Seller" : BLOCH BE-Com, offering its Products on the Site.
• "Client" : the internet user, individual or professional, making a purchase of Product(s) on the Site.
• "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: " any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity ".

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before proceeding with an order on the Site.

The Client acknowledges having read the GTC and accepts them in full and without reservation.

The Seller reserves the right to modify the GTC at any time by publishing a new version on the Site. The GTC applicable to the Client are those in force on the date of their order on the Site.

Legal information concerning the host and the publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.

This Site offers online sales of  interior decoration items.

The Site is freely accessible to any Client. The acquisition of a Product requires the Client's acceptance of the entirety of these GTC, who acknowledges having fully understood them. This acceptance may, for example, consist of the Client ticking the box corresponding to the acceptance phrase of these GTC, such as " I accept the general terms and conditions of sale ". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.

Acceptance of these GTC assumes that the Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare having the authorization of a guardian, a curator, or their legal representative.

The Client acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.

Creating a "client account" is a prerequisite for any order from the Client on this Site. To this end, the Client will be invited to provide a certain amount of personal information such as their first and last name, email address, postal address, and phone number, this list being non-exhaustive. In this regard, the Client agrees to provide accurate information. The Client is responsible for updating their data. They must therefore notify the Seller without delay in case of any changes. The Client is solely responsible for the veracity, accuracy, and relevance of the data provided.

The Client registered on the Site can access it by logging in with their identifiers (email address defined during registration and password) or possibly using third-party social network login buttons. The Client is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In case of forgetting the password, the Client can generate a new one. This password guarantees the confidentiality of the information contained in their "my account" section, and the Client therefore prohibits its transmission or communication to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Client's account.

The client account allows the Client to view all their orders placed on the Site. If the data contained in the client account section were to disappear following a technical failure or a case of force majeure, the Seller's responsibility could not be engaged, as this information has no evidential value but only an informative character. The pages relating to the client account are freely printable by the Client who holds the account in question but do not constitute proof, they are only for efficient management of their orders or contributions by the Client.

Each Client is free to close their account on the Site. To do this, they must send an email to the Seller indicating that they wish to delete their account. No data recovery will then be possible.

The Seller reserves the exclusive right to delete the account of any Client who has contravened these GTC (in particular, but not limited to, if the Client has knowingly provided erroneous information during registration and the creation of their personal space) or any inactive account for at least one year. Such deletion will not constitute damage to the Client, who cannot claim any compensation as a result. This exclusion does not preclude the possibility for the Seller to undertake legal proceedings against the Client when the facts justify it.

The Products offered are those listed in the catalog published on the Site. These Products are offered subject to availability. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products offered but are not contractual in nature as they cannot ensure perfect similarity with the physical Products.

Below we define "Basket" as the intangible object grouping all the Products selected by the Client on the Site for a purchase by clicking on these elements. To proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Basket", the content of which can be modified at any time.

Once the Client considers having selected and added to their basket all the Products they wish to purchase, they will have the opportunity to validate their order by accessing their basket by clicking on the appropriate button. They will then be redirected to a summary page where the number and characteristics of the ordered Products, as well as their unit price, will be communicated.

If they wish to validate their order, the Client must check the box relating to the ratification of these GTC and click on the validation button. The Client will then be redirected to a page where they must fill in the order form fields. In this case, they must provide certain personal data concerning them, necessary for the proper execution of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Client can make changes, corrections, additions, or cancel the order until its validation.

Once the Client has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these GTC related to payments. After a few moments, the Client will receive an email confirmation of the order, reminding them of the content of the order and its price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to the processing and shipping costs.

BLOCH BE-Com reserves the right to modify its prices at any time and to pass on, if applicable, any change in the VAT rate in effect on the price of the Products offered on the Site. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and can pay by credit card, PayPal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data related to the Client's payment methods. The payment is made directly to the bank or payment provider receiving the payment from the Client. The availability of the Products is indicated on the Site, in the descriptive sheet of each Product.

BLOCH BE-Com will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

The delivery costs will be indicated to the Client before any payment. The Site has no geographical limitation for delivery; orders can be shipped worldwide.

In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Client declares to be the importer of the Product and accepts that in such a case, the Seller may be unable to provide exact information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where the Product's delivery is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) working days after the conclusion of the contract with a Consumer Client.

The Client may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. Failure to comply with these prescriptions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to respond to the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Postal Service or other postal providers, the Seller will contact the Client upon receipt of the returned package to ask for the next steps to be taken for their order. If the Client mistakenly refused the package, they can request a reshipment by prepaying the postal costs for the new shipment. Postal costs will need to be paid even for orders with free shipping at the time of ordering.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract made to acquire the Product allows for withdrawal, according to article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or misuse by the Client cannot be attributed to the Seller.

Any delay in delivery relative to the date or time indicated to the Consumer Client during the order or, in the absence of an indication of date or time at the time of the order, greater than thirty (30) working days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Client, by written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, they have not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Client has a period of fourteen (14) days from the date of receipt of the Product from their order (Delivery day = Day 1) to withdraw. They will be required to return any Product that does not suit them and request an exchange or refund without penalty, except for the return costs, within fourteen days from the receipt by BLOCH BE-Com of the refund request.

The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to BLOCH BE-Com. It is understood that the Client will bear the cost of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it cannot normally be returned by mail due to its nature.

If the previous obligations are not carried out, the Client will lose their right of withdrawal, and the Product will be returned to them at their expense.

It is recommended that the Client make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or until the Client has provided proof of shipment of the Product, if such proof has not been provided previously.

In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's responsibility may be engaged.

ARTICLE 7 - EXCEPTION TO THE RIGHT OF WITHDRAWAL FOR CUSTOMIZED OR MADE-TO-ORDER PRODUCTS 

All articles purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

LEGAL WARRANTY OF CONFORMITY

According to articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a good that conforms to the contract concluded with the Consumer Client and to address any lack of conformity existing at the time of delivery of the Product. The conformity warranty may be exercised if a defect exists on the day of taking possession of the Product. However, when the defect appears within 24 months following this date (or within 6 months if the order was placed before March 18, 2016, or the Product is second-hand), it is presumed to meet this condition. However, in accordance with article L.217-7 of the Consumer Code, " the Seller can refute this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked ".

In contrast, beyond this period of 24 months (or 6 months if the order was placed before March 18, 2016, or the product is second-hand), it will be up to the Client to prove that the defect existed at the time of taking possession of the Product.

In accordance with article L.217-9 of the Consumer Code: " in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other method, taking into account the value of the good or the significance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer ".

The cost of sending the good(s) to the return service center (i.e., return shipping costs) is the client's responsibility. BLOCH BE-Com covers the cost of return shipping.

As part of an after-sales service request, the return of the product must be made within 14 days following the transmission of the return instructions. After this period, the request will be considered abandoned and can no longer be processed.

LEGAL WARRANTY AGAINST HIDDEN DEFECTS

According to articles 1641 to 1649 of the Civil Code, the Client may request the exercise of the hidden defects warranty if the defects presented were not apparent at the time of purchase, were prior to purchase (and therefore not resulting from normal wear of the Product, for example), and are sufficiently serious (the defect must either render the Product unsuitable for its intended use or reduce this use to such an extent that the buyer would not have purchased the Product or would have purchased it at a lower price if they had known about the defect).

Claims, requests for exchange or refund for a non-conforming Product must be made by mail or email to the addresses indicated in the site's legal notices.

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs of the Product) are then borne by the Seller.

EXCEPTION TO THE WARRANTY

This warranty does not cover: (a) consumable parts, such as batteries or protective films that diminish over time, except in the event of failure due to a defect in materials or workmanship; (b) cosmetic damage, including but not limited to scratches, dents, or broken plastic on ports; (c) damage caused by use with another product; (d) damage caused by accident, abuse, misuse, contact with liquid, fire, earthquake, or other external causes; (e) damage caused by operating the Product outside the user manual, technical specifications, or other published guidelines for the Product; (f) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Atelier Atypique; (g) a Product that has been modified to alter functionality or capability without the written permission of Atelier Atypique; (h) defects caused by normal wear or otherwise due to the normal aging of the Product.

The customer service of this Site is accessible by email at the following address: info@atelier-atypique.fr or via the online chat available on our website.

The Seller BLOCH BE-Com cannot be held liable for the non-performance of the contract due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any indirect damages due to these presents, loss of operation, loss of profit, damage, or expenses, which may arise.

The choice and purchase of a Product are placed under the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to incompatibility of the material, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract made to acquire the Product allows for withdrawal, according to article L 221-18 and following of the Consumer Code.

The Client expressly admits to using the Site at their own risk and under their exclusive responsibility. The Site provides the Client with indicative information, with possible imperfections, errors, omissions, inaccuracies, and other ambiguities. In any case, BLOCH BE-Com cannot be held liable for:

• any direct or indirect damage, particularly concerning loss of profits, loss of earnings, loss of clientele, data that may, among other things, result from the use of the Site, or on the contrary from the inability to use it;
• a malfunction, unavailability of access, poor use, incorrect configuration of the Client's computer, or the use of a rarely used browser by the Client;
• the content of advertisements and other external links or sources accessible by Clients from the Site.

The photographs and visuals of the Products presented on the Site have no contractual value, and the Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals on the Site or if these are incorrect or incomplete.

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners.

Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.

Any Client guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal action against them, at the initiative of the Seller or their agent. 

The trademarks and logos contained in the Site may be registered by BLOCH BE-Com, or possibly by one of its partners. Anyone representing, reproducing, nesting, disseminating, and redistributing them incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.

If any provision of the GTC is deemed illegal, void, or for any other reason unenforceable, then that provision will be deemed severable from the GTC and will not affect the validity and enforceability of the remaining provisions.

These GTC replace any prior or contemporary written or oral agreements. The GTC are not assignable, transferable, or sub-licensable by the Client themselves.

A printed version of the GTC and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in French.