These general terms and conditions of sale are concluded on the one hand by the company SCARLETTE ATELIERS with a share capital of €1,000, whose head office is located at DOMAINE DE MOISMONT, 80120 FRANCE, registered in the AMIENS Trade and Companies Register under number 820 872 869, hereinafter referred to as SCARLETTE ATELIERS and managing the SCARLETTE ATELIERS website, www.scarletteateliers.com and, on the other hand, by any consumer wishing to make a purchase via the website www.scarletteateliers.com , hereinafter referred to as "the buyer".

Within the meaning of the Consumer Code, a consumer is considered to be any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.

Article 1. Purpose

These conditions of sale aim to define the contractual relations between SCARLETTE ATELIERS and the buyer and the conditions applicable to any purchase made through the SCARLETTE ATELIERS website, www.scarletteateliers.com . The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the SCARLETTE ATELIERS site, www.scarletteateliers.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand have full legal capacity, allowing him to commit to these general conditions of sale.

SCARLETTE ATELIERS reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The main characteristics of the Products and in particular the specifications, illustrations and indications of materials, colors and dimensions, are presented on the website www.scarletteateliers.com .

The buyer is required to refer to the description of each Product before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer, particularly with regard to the color and size of the products.

The photographs and graphics presented on the website www.scarletteateliers.com ,

are as faithful as possible to the products sold, however the artisanal nature of the manufacture of the products may result in nuances in colors or patterns.

In the event of dissatisfaction with the products delivered, the buyer may exercise his right of withdrawal as defined in article 8.

Product offers are subject to availability of stock, as specified when the order is placed.

In the event of a product being unavailable after the order has been placed, SCARLETTE ATELIERS undertakes to inform the buyer by e-mail upon receipt of the information as soon as possible. Your order will be automatically cancelled and the buyer will be immediately refunded if their account has been debited. The refund will be made directly to the customer's bank account no later than thirty days from the payment of the sums paid by the buyer.

Article 3. Prices

The prices listed on the product sheets in the catalog of the website www.scarletteateliers.com are prices in Euros (€) including all taxes (TTC) taking into account the French VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.

However, under the VAT rules applicable to distance selling, the VAT of the consumer's country could apply if the sales ceilings set at European level by each Member State are exceeded.

In this case the buyer will be informed during the ordering process.

SCARLETTE ATELIERS reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order and specified during the order validation as defined in article 7.

Article 4. Order

4.1 – Recording an order:

The buyer interested in an item visible on the site www.scarletteateliers.com, orders directly via the site: www.scarletteateliers.com. The buyer who places his order directly on the site www.scarletteateliers.com must follow the following procedure:

– When placing their first order, the buyer must complete a form containing the following information: title, surname, first name, full delivery address, email and telephone number. They then specify the chosen delivery method. – The buyer will choose the different products in which they are interested and will successively click on the “Add to my basket” link.

– To order the selected products, the buyer must identify themselves by entering their email address and password. The buyer is informed and accepts that entering these two identifiers (email address and password) constitutes proof of their identity and expresses their consent. – If the buyer has not registered beforehand, they must complete the form that will appear automatically when they place their first order or complete it beforehand by going to the “My account” section and clicking on the “Register” link. Once the user has been identified, they must validate the delivery address and then an order form will appear summarizing: the nature, quantity and price of the products selected by the user, as well as the chosen payment method, the user’s contact details and the delivery address of the package.

4.2 – Validation of the order

After having acknowledged the status of his order, and once all the requested information has been completed by the buyer, the latter will click on "Validate" to definitively confirm his order. After having validated his method of payment, the buyer definitively and irrevocably validates his order with the effects indicated below.

SCARLETTE ATELIERS will acknowledge receipt of the order upon its validation by email or by any other means at its convenience, in accordance with the provisions of article L121-19 of the consumer code.

Confirmation of an order implies acceptance of these terms of sale, recognition of having full knowledge of them. All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, SCARLETTE ATELIERS will send them confirmation of the registration of their order by email.

If the buyer wishes to contact the company SCARLETTE ATELIERS, he can do so either by mail to the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE; or by email to the following address contact@scarletteateliers.com, or by telephone on 0781343572.

In any event, SCARLETTE ATELIERS reserves the right to refuse any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order by the buyer, refusal of authorization of payment by bank card from banking organizations, non-payment or partial payment, use of a Bank Card not issued by a French financial institution. The liability of SCARLETTE ATELIERS can then in no case be engaged in this regard.

Please note that for any order over 300 euros, a photocopy of your identity document may be requested. Please provide us with this additional document as soon as possible for rapid processing of your order.

Article 5 Payment

· Secure payment by credit card:

In order to ensure payment security, the website www.scarletteateliers.com uses the Stripe secure payment service. Confidential data (the 16-digit bank card number, the expiration date and the cryptogram) are directly transmitted encrypted to the bank's server without passing through the physical media of the SCARLETTE ATELIERS server. When the order is validated, the payment request is routed in real time to the Stripe secure telepayment manager. The latter sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.

For any payment by credit card on the site www.scarletteateliers.com, the electronic certificate issued by the telepayment manager will constitute proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the Civil Code as well as the electronic archiving methods set up by SCARLETTE ATELIERS. In this regard, the dates and times of the server will be authentic between the parties. In all cases, the validation of the order, whether the payment is made by credit card directly on the site, is equivalent to signature and express acceptance of all operations carried out on the site. On the other hand, the due date of the sums due is that referred to in article 4.2 according to the type and method of payment.

Article 6. Offers and promotional codes

Promotional codes or “Sponsorship” offers generated by SCARLETTE ATELIERS do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These are offers that can be used outside of promotions and exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).

Article 7. Reservation of ownership

The company SCARLETTE ATELIERS retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.

Article 8. Right of withdrawal

Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of the costs of returning the products which will be borne by the buyer.

However, the right of withdrawal does not apply to:

· the supply of goods made to the consumer's specifications or clearly personalized;

· the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;

The following product categories are therefore excluded from the right of withdrawal:

· Underwear...

· Custom-made products 

The return of products must allow them to be resold; returns of washed and/or worn clothing, as well as damaged packaging, will be refused.

It will be the customer's responsibility to return the products in their original packaging and to keep all proof of return, which assumes that the items are returned by registered mail or by any other means allowing proof of the date of this shipment.

If the products cannot be returned in their original packaging, the buyer must return the products in packaging that provides a level of protection equivalent to the original packaging.

Exercising the right of withdrawal:

In order to exercise his right of withdrawal, the consumer must inform SCARLETTE ATELIERS using the form below, also accessible on the public service website: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397

For the attention of SCARLETTE ATELIERS by mail to the following address: DOMAINE DE MOISMONT, 80120 FRANCE or by e-mail: contact@scarletteateliers.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Article 7. Delivery

Deliveries are made to the address indicated when ordering.

SCARLETTE ATELIERS reserves the right to refuse to deliver orders from individuals to collective addresses such as offices, healthcare facilities, and stays. In the event of delivery to a collective address, the buyer acknowledges that the obligation of www.scarletteateliers.com for the delivery of the order ends with the actual delivery to the collective address indicated in the order form, even if the shipment is not received by the final recipient but by a third party.

Based on the regulations limiting geo-blocking (EU Regulation 2018/302), any European consumer is entitled to order a product on the site while taking care of the delivery aspects to their country of residence (or by going directly to the premises of the company SCARLETTE ATELIERS located at Domaine de Moismont, 80120 France to collect their order).

For orders made by buyers based in Metropolitan France, orders are made by La Poste via COLISSIMO.

For orders placed by buyers based outside Metropolitan France, delivery is made by UPS/DHL.

All validated orders are processed within 3 working days and shipped the following working day. For deliveries outside of France, the delivery time will be 6 working days, an indicative duration that does not depend on postal traffic. Please note that all orders validated on Friday are shipped on Monday.

Delivery times are specified when ordering; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.

The company SCARLETTE ATELIERS will reimburse the consumer for all sums paid, at the latest within 14 days following the date of termination of the contract.

The company SCARLETTE ATELIERS may provide the buyer with the tracking number of their package by email.

The buyer is required to check the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to SCARLETTE ATELIERS within three days of delivery.

Article 8. Warranty

All products supplied by the company SCARLETTE ATELIERS benefit from the legal guarantee of conformity provided for by articles L217-4 and following of the consumer code.

In the event of non-conformity of a product sold, it may be returned to the company SCARLETTE ATELIERS which will take it back, exchange it or refund it depending on the buyer's wishes and the material possibility of replacing the purchased item . This guarantee is applicable within 2 years following the taking of possession of the order.

The buyer also benefits from the guarantee of hidden defects in application of articles 1641 et seq. of the civil code.

All complaints, requests for exchange or refund must be made by post to the following address: SCARLETTE ATELIERS, DOMAINE DE MOISMONT, 80120 FRANCE

However, any warranty will only apply provided that the damage is not caused by the buyer as a result of negligence, deterioration or improper use of the product.

The consumer may also request the cancellation of the sale and thus terminate the contract:

Following the termination of the sales contract, the seller must then reimburse the consumer for all sums paid within 14 days of termination of the contract (articles L. 216-3 and L. 221-18 of the Consumer Code).

 

Article 9. Liability:

The company SCARLETTE ATELIERS, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

Article 10. Intellectual Property

All elements of the SCARLETTE ATELIERS website, www.scarletteateliers.com are and remain the intellectual and exclusive property of the company SCARLETTE ATELIERS. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.

Article 11. Personal data

Information collected by the company SCARLETTE ATELIERS, data controller, from the SCARLETTE ATELIERS website, www.scarletteateliers.com will be subject to computer processing for the management of the buyer's file and the execution of the sales contract, the sending of commercial information. This information is processed on the basis of the execution of the sales contract binding the company SCARLETTE ATELIERS to the buyer. This data is kept for a period of 3 years from our last contact and is intended solely for commercial and accounting processing.

In accordance with article L213-1 of the consumer code, for any amount greater than one hundred and twenty euros, SCARLETTE ATELIERS will archive proof of the written conclusion of the sale on paper or electronic media for a period of 10 years.

Only the contracts themselves, namely proof of the acceptance click and the T&Cs applicable on the day of this acceptance, may be kept for this 10-year period.

In accordance with Law No. 78-17 of January 6, 1978 known as "Information Technology and Liberties" and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of personal data (GDPR), the buyer may exercise his rights (access, rectification, deletion, opposition, limitation and portability where applicable) by contacting us by e-mail at: contact@scarletteateliers.com or by mail SCARLETTE ATELIERS DOMAINE DE MOISMONT, 80120 FRANCE by attaching proof of identity.

You also have the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL), in particular on its website www.cnil.fr.

Article 12. Cookies:

The only cookie that SCARLETTE ATELIERS creates is the session cookie which will be deleted when you log out of the site.

Article 13. Force majeure:

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The Party noting the event must immediately inform the other party of its inability to perform its service and provide justification to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary.

Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the contract will be terminated automatically.

Article 14. Entire contract:

These general terms and conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.

Article 15. Applicable law - Language:

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

However, customers based outside French territory are informed that they have the possibility of having their national law applied if it provides a higher level of protection than that resulting from the application of French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

Article 16. Dispute resolution:

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the buyer will be submitted to the competent courts under the conditions of common law.

The buyer is informed that he can in any case resort to a conventional mediation body. The Customer has the possibility of resorting to Mediation through the association of mediators Bailiff of Justice, MEDICYS to which the seller is affiliated: https://medicys-consommation.fr/pro/

In the case of sales to buyers located in other countries of the European Union, dispute resolution may be carried out through the Online Dispute Resolution tool available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase