General conditions of sale
These general terms and conditions of sale exclusively govern the contractual relations between any user of the site www.atelierpenso.com and any customer (hereinafter referred to as a "User" or "You") and the merchant atelierpenso.com belonging to the company PBM, whose head office is located at 25 avenue Trudaine, 75009 Paris, and registered in the Paris trade and companies register under the Siret number: 98506320500019 (hereinafter referred to as PBM ).
PBM may occasionally be required to modify certain provisions of its general terms and conditions. These modifications are enforceable from the time they are posted online and cannot apply to contracts concluded previously. Each purchase on the Site is governed by the general terms and conditions applicable on the date of the order.
By connecting to the site, you agree to comply with the General Conditions as well as the Conditions of Use contained therein.
The Site allows PBM to offer for sale leather goods and accessories manufactured by and/or for PBM or its potential commercial partners (hereinafter referred to as the “Products”) to Users of the site www.atelierpenso.com.
A- Sale of Leather Goods and Small Leather Goods
1- Order
To place your order, we provide you with the following means:
- via the Internet on our e-shop: www.atelierpenso.com 24/7
- by email: adrien@atelierpenso.com
If you place an order via our e-shop site, once you have chosen your Products (color, quantity) and validated your basket, you must:
- read the general conditions of sale
- choose your payment method. Once you have selected your payment method, you must proceed to pay for your order, which will formalize in a firm and definitive manner the sales contract that binds you to PBM .
2- Price
The sales prices are indicated in Euros and include all taxes, excluding delivery costs. The Value Added Tax is that in force on French territory.
The prices applied are those appearing on the Site at the time of the order.
The flat rate contribution to delivery costs will be reminded to the User when choosing Products and will be billed to them at the end of the order on the order summary page, in addition to the price of the selected products.
3- Availability
We will honor your order within the limits of our available stocks. In the event that one of the Products ordered is not available in our stocks, we undertake to contact you by email within a maximum of 15 days from the date of your order in order to inform you and to indicate within what time frame, this product could, if applicable, be delivered to you. You can then either maintain your order or cancel it.
4- Delivery methods
Your order will be delivered to the address you provided when placing your order.
When the item is available in stock, the estimated delivery date is determined by the sum of the following 2 elements:
- the shipping time (from 2 to 7 days) from the working day following the day of receipt of the order: verification of the reliability of your information entered from the receipt of your payment + preparation of your order + collection of the package by the carrier.
- the delivery time of your package by the carrier.
You will be asked to sign for your parcel upon delivery to ensure its security. In case of absence, a delivery notice will be left in your mailbox and will allow you to collect your parcel from Chronopost or Colissimo. Parcels are kept pending for 7 calendar days.
Shipping costs are fixed and break down as follows:
- offered for France only (shipping with signature)
- 35 euros for the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, United Kingdom, Greece, Ireland, Sweden, Italy).
- 35 euros for all destinations outside the European Union, Switzerland and Norway.
Upon receipt of the order, the User will check the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (namely: missing or damaged Products, damaged packages) must imperatively be indicated, firstly, on the delivery note and in the form of handwritten reservations accompanied by your signature with the carrier. Secondly, any anomaly must be notified as soon as possible following receipt of the Products to the Atelier Penso customer service - by simple mail, by writing to PBM , Customer Service, 25 avenue Trudaine 75009 Paris France - by email to adrien@atelierpenso.com - PBM reserves the right to ask the User to return the non-compliant or damaged Product. In the event of abnormal or abusive returns, PBM may refuse to serve a subsequent order.
Personalized and/or custom-made products are not returnable.
5- Payment
The debit for your order is made when your order is validated, provided that you have previously obtained authorization to debit your account from the relevant payment centers, failing which your order cannot be taken into account.
6- Right of withdrawal with reimbursement
In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of 14 days from receipt of the Product(s) ordered to exercise, with said Seller, his right of withdrawal, without having to justify reasons or pay a penalty.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Buyer, with the exception of so-called "Half-Measure" products which cannot be subject to withdrawal or refund.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used during shipping.
The Buyer exercises his right of withdrawal directly with PBM by email to the address adrien@atelierpenso.com
Reimbursement of returned Products is made by PBM by re-crediting the Buyer's Paypal account or payment card as soon as possible and no later than 14 days from the date on which it is informed of the Buyer's decision to withdraw. It is possible that the refund may be deferred until the recovery of the goods or receipt of proof of their reshipment by the Buyer.
- Disputes – Objections
Without prejudice to the guarantees set out in Article 8 below, the Buyer may report any related complaints by email to adrien@atelierpenso.com, according to the following criteria:
– Product not received: within 21 days from the date of dispatch of the Product, the Product has not been received by the Buyer.
– Non-compliant product: within 3 days from the date of receipt of the Product, the Product received does not correspond to the Product ordered.
– Damaged Product: within 3 days from the date of receipt of the Product, the Product received is damaged or broken.
Disputes are settled directly between the Buyer and PBM . The Buyer and PBM will make their best efforts to reach an amicable resolution of the dispute.
Depending on the case, the declared dispute will give rise either to the return of the Product ordered or to a refund.
- Guarantees
In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects, defective Products or those not corresponding to the order will be refunded.
The Products must be returned to us in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
These guarantees are without prejudice to the right of withdrawal provided above.
- Applicable law
These general conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.
B- Special order
- Ordering process
The customer makes her choice from the models presented at the workshop or on the website www.atelierpenso.com. She then chooses her leather and any details (personalization, zipper).
Once the choice has been made:
– The name of the model ordered as it appears on the website, any modifications requested, as well as the main materials it is made of.
– The price of the model ordered
– The amount of the deposit paid when ordering and the payment terms
The customer places an order with PBM by email or in writing to the store.
It is expressly agreed that the photographs of the products on the website of PBM , brochures, leaflets and other materials intended to present said products and indicating their name have no contractual value, the responsibility of PBM cannot be held liable in any way for them.
The unit price on the order is shown in euros including all taxes, excluding delivery, shipping and any applicable customs fees and includes any alterations to be made to the model unless otherwise specified on the order form. However, any modification requested by the customer on her suit after the date of the order, whether concerning the materials used or the design or the measurements of the order, will be invoiced in addition, according to the quote submitted by PBM to the customer. In the event of significant weight gain or loss or unplanned pregnancy, the necessary modifications will be the responsibility of the customer. In the event of disagreement on the price of these modifications, the model will be established in accordance with the initial order.
- Payment terms
Payments are made in cash, by check, credit card or bank transfer, according to the invoice established by PBM .
In the event of non-payment on the due date, this will result in the immediate payment of the entire debt, a fixed compensation for recovery costs of €40 and a late payment compensation equal to 5% of the amount due.
The price is paid as follows:
– For a private customer: 50% of the price is paid when ordering, 50% upon delivery of the model. Payments by transfer must be made at least 15 days before delivery.
- For group purchases: 50% of the price is paid when ordering, 50% upon delivery of the model. Payments by transfer must be made at least 15 days before delivery.
– Partial payments are considered as deposits: they cannot be refunded in the event of cancellation of the order and constitute a commitment to pay the full agreed price even if the order is cancelled by the customer.
Special orders being made to measure for the customer and responding to a personalized request, the customer cannot, in the event of cancellation, demand PBM the establishment of a credit for the price paid by it.
- Time limit
The deadlines set in the order are binding on both PBM than the customer. If one or the other cannot honor the fitting and/or delivery appointments, they must inform the other at least 24 hours in advance. If the deadlines are not respected by the customer, PBM cannot be held responsible for any delay in delivery. Similarly, PBM cannot be held responsible for any delay in delivery due to weight gain or loss having consequences on the initial measurements.
Finally, the delivery date indicated when ordering is given for information purposes only and is subject to variation within reasonable limits. Consequently, the customer may neither cancel the order nor claim damages.
In case of shipment, the responsibility of PBM cannot be held liable under any circumstances and the risk and costs of transport are borne entirely by the buyer.
- Force majeure
The responsibility of PBM cannot be held liable in the event of a shortage of leather, late delivery, strike (including in transport) or force majeure and, more generally, for any event not exclusively and directly attributable to it.
- Retention of title clause
PBM retains ownership of the goods sold until full payment of the price. Furthermore, no delivery may take place without full payment having been made by the customer.
- Personal data
In accordance with the law relating to information technology, files and freedoms of January 6, 1978, you have the right to access, modify and delete personal data concerning you, collected by PBM . This data is only used for the purposes of processing your order and your relations with PBM , are not communicated to any third parties whatsoever and are destroyed once your order has been placed and the price has been paid in full by you.
You can exercise these rights by contacting PBM , at its postal address: 25, avenue Trudaine, 75009 Paris or by email: adrien@atelierpenso.com
- Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
The parties undertake to do everything possible to settle their disputes amicably. In the event of a dispute, jurisdiction shall be granted to the competent court.