PLEASE NOTE THAT THE TEXT BELOW WAS AUTOMATICALLY TRANSLATED FROM FRENCH.
THEREFORE THE ONLY LEGALLY BINDING DOCUMENT IS THE FRENCH VERSION.
Site Terms www.galerie-atena.com
You are currently logged on one of the sites administered by Atena. This document aims to inform you about the company and Atena conditions of online sales (Contract Conditions).
You should read carefully the provisions that follow, because they are an electronic contract establishing the terms and conditions of the online store of Atena.
The "Double-click" that you run after you complete your order form is validating it and irrevocable acceptance of these Terms of Trade when your order has been confirmed.
Therefore, you can order products and / or services unless you accept all the conditions below.
The user (person with the capacity to contract) and Atena are hereinafter referred to as "Parties" and individually as "Party".
In this contract, each of the expressions listed below shall mean as defined in its definition, namely:
- "Company": Atena
- 'Distance contract' means any contract for the purchase of goods and / or services concluded between the company (*) and a client (*) in the context of a sale or supply of remote service hosted by Company (*) which, for this contract, exclusively uses the Internet until the conclusion of the contract, including the conclusion of the contract itself.
- "Customer" means any person who, in this contract, acting as individuals or as representative of a juridical person who has the right to contract.
- "Order" means a document which shows the characteristics of the products ordered by customers (*) and be signed by him "double click" (*) for hire.
- "Control" means the act whereby the customer agrees to purchase products and / or services and society (*) to deliver it and / or provide him.
- "Product": property sold or service provided by the company.
- 'Double click' reiteration of the validation of the Purchase Order by the customer. An order form completed and validated the first time is never taken into account without the customer's confirmation. This confirmation can be done via a checkbox on the acceptance of Terms of Trade, or a message confirming the order.
- Capital: 141 075.00 Euros
- Siren: RCS Paris 440 387 587 Code APE 4779Z
- EU VAT number: FR 75440387587
- Rate: 19.6%
- Address: 68 Rue du faubourg saint honoré Paris, France.
- Phone: 01 39 76 87 09
- E-mail: firstname.lastname@example.org
This contract is a contract of sale electronic distance which aims to define the rights and obligations of the parties in connection with the sale of products offered by Atena. In this sense, it conforms to French regulations, namely:
- Act 2004-575 said Act for confidence in the digital economy.
- Act 2008-3 dated 3 January 2008 for the development of competition in the service of consumers.
- Recommendation No. 07-02 the Commission on unfair terms, relative to sales contracts concluded by Internet security
It is also consistent with the recommendations of the OECD in the field of electronic commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its business online. Although minors can act only in cases where law or practice permits them to act alone (Art. 389-3 c. civ.), And this particularly for low value purchases, it seems essential to try by any means to verify that the client has the power to contract.
To this end, it is possible for us to ask any customer placing an order on our website to prove its ability to contract in this respect the obligations associated with the 78-17 amended.
If a purchase is made by a person without legal capacity to contract, we advise legal representatives thereof to rescind (cancel) the contract under section 1305 of the Civil Code.
The products offered by Atena are presented on the sites in the French Language. Any citizen of the European Community and countries according to Directive 95/46/EC can not assert his ignorance linguistics as cancellation clause of the contract.
The products offered for sale directly by Atena are those on-site www.galerie atena.com the day of consulting that site by the user, and limited availability.
The illustrations presented on the site are a reflection of the products available on it, except in the limits inherent technical characteristics of the Internet (resolution and screen colors to the internet ....).
Because of the specificity of the Internet, the company does not guarantee on its site for product availability in real time. In the case of unavailability of any product, the company will notify users via its website or sending an email to a valid email address provided by the customer. The company will offer replacement, so the product ordered by an equivalent product (quality and price), or have, or exercise your right of rescission (cancellation of your order). Because of the specificity of the products offered by Atena, ie ancient objects and rare, and if the proposed item is sold it is virtually impossible to propose another identical product.
Prices of products may change at any time by the company, except for any sale of a product entered for the price on www.galerie-atena.com.
In case of obvious typographical errors, leading to the display of a "cheap", the sale may be canceled, as mentioned in the article "Executing command".
Prices quoted are in Euros (€), presented inclusive and include costs associated with processing orders.
The delivery rates are charged to the client, except as otherwise provided in terms of the ordering process. Different delivery options (with their prices), are presented in the order process and specified in the summary of it.
Payment in full must be made no later than the delivery of products, unless otherwise specified in the order process and stated on the invoice.
In the event of a delivery of products outside the French territory, customs fees and formalities are the sole responsibility of the client, unless otherwise indicated. The customer then undertakes to verify the possibility of importing the products ordered under the territory of the country of delivery.
Order and Payment
Any order signed by the Customer "double click" is an irrevocable acceptance which can be challenged only in cases specifically provided in this Agreement to Articles "Right of withdrawal" and "Execute the statement." Any agreement for a quote by email sent to the customer, and returned to Atena with an explicit agreement is also irrevocable.
The ordering process is consistent with the provisions of Article 1369-5 of the Civil Code.
- Any user wishing to complete their purchase must identify themselves by completing the appropriate form supplied on-www.galerie atena.com. This identification is done in strict compliance with the Law 78-17 amended as indicated in our "Privacy".
- After checking the contents of his order, and the total cost thereof (products ordered, shipping), and corrected errors, the final confirmation of the user. This confirmation will value the contract.
- The contractual information will be sent an email confirmation to the client before the end of the withdrawal period and subject to the provision by the client from a valid e-mail address, not the subject of any restriction of use (eg professional email address). In this case, the company can not be held responsible for sending information contractual and / or advertising to an email address with restricted access.
To set the order, the Customer has the choice of all methods of payment specified in the order process and presented on the website of the company. It ensures that the company has the required permission to use the payment method chosen by him, during the validation of the order.
In the case of payment by credit card, it will send its credit card number, the type of the latter, the expiration date thereof and the number CVC (3 digit number on the back of the card).
Atena ensures that the payment is secured by SSL encryption (Secure Socket Layer) to protect more efficiently all the data related to means of payment. The company ensures that resources and benefits of encryption used for secure transactions have been subject to an authorization or a declaration under the legislation.
When paying by credit card, the provisions relating to the use of fraudulent means of payment provided for in agreements between the Client and the card issuer and between the Company and its banking institutions shall, in accordance with the Article 132-4 of the Monetary and Financial Code.
If the only method of payment is a payment by credit card, the final confirmation of the order is made upon payment in full (unless otherwise) thereof.
The company guarantees that deliveries will be made under the conditions guaranteed by service carriers (except in cases of force majeure under the law), and on the site www.galerie-atena.com or during the ordering process.
In the case of late delivery, please notify the company by contacting customer service or by sending an email to email@example.com. If the delay exceeds seven days of the scheduled delivery date during the ordering process, you can do to solve it in the manner indicated in the article "Right of rescission."
Incomplete delivery or non-compliant (due to carrier)
It may be that the package is damaged when the content thereof has been partially or completely hidden.
If you find such an error, please mention it on the right of the carrier and reject the product send it back with a statement of 170 words "damage". If you would know this error after the departure of the carrier, please report it by mail to the address or telephone firstname.lastname@example.org within a maximum of 72 hours working days from receipt of command.
Pursuant to Article 133-3 of the Commercial Code, please send your absolutely justified protest by recorded delivery to the carrier, this within three days (excluding holidays).
Incomplete delivery or non-compliant (because of the company)
Despite careful preparation and packaging of products, it is possible that error occurred during packaging.
If you find such an error, please report it as soon as possible and if possible within 72 hours working days from receipt of order. This notification may be made by mail to the address or telephone email@example.com.
If a package is lost by one of our service carriers, please inform us as soon as possible.
The company will conduct a survey of services.
Right of withdrawal
Pursuant to Article L121-16 and 121-20 of the Consumer Code, the customer shall have fourteen (14) days to exercise its right of withdrawal. This period runs from receipt of the order by the customer.
To facilitate the processing of its return, the customer may contact the company by mail to get a return number before forwarding. This condition does not cancel the right of withdrawal.
The return postage will be borne fully by the customer. Products must be returned complete, in a state identical to the original. It is also recommended that the products are returned in their original packaging, in a manner that provides guarantees of shipping similar to those defined in the initial shipment of products.
Pursuant to Article L. 121-20-3 of the Code of consumption, we will tell you when you order the maximum date of delivery thereof. In the case of exceeding 7 working days of the date of delivery (excluding cases of force majeure under the Act), you will have the power to decide the resolution of your order by registered letter with acknowledgment of receipt within 60 days after the initial date of delivery. In this case, we will refund the entire amount paid (if any return costs), and this within a maximum of 30 days of receipt of your recorded delivery.
The company reserves the right to refuse the order for a "legitimate reason" (as defined by law), including (but not limited to) in case of unavailability of the product, inability to perform the service, the client application abuse, presumption of impossibility for the customer to enter or clear intent to harm the client company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the appearance of a "cheap", and this at the time of the order placed by the customer. In the case of a difference of interpretation between "low prices" and "cheap" on the price displayed on the website when the customer's order, it may request the intervention of a third as provided in section "Applicable law".
The order will be executed no later than within seven days do not exceed the expected date of delivery of the product or service mentioned in the order subject to the acceptance thereof by the company.
An invoice will be sent automatically to the customer when ordering. This will be sent to the email address specified by the customer when ordering, unless otherwise indicated on his part.
The customer has a contractual guarantee on the products supplied by the company. This warranty is available on-www.galerie atena.com and its duration varies by type of products ordered.
Services of additional guarantees can be offered depending on the product ordered. Their scope and pricing will be disclosed during the ordering process.
In accordance with articles L 211-4 and following of the Consumer Code, and sections 1641 and 1648 of the Civil Code, the Internet has also guaranteed him for returning defective products shipped
Œ Article L211-4 of the Consumer Code
The seller must deliver goods in conformity with the contract and responsible for the lack of conformity at the issue.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or when carried out under his responsibility.
Œ Article L211-5 of the Consumer Code
To comply with the contract, the goods must:
1 ° fit for the purpose usually of a type and, where applicable:
- Match the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;
- The qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
Or 2 ° have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and that it accepted.
Œ Article L211-12 of the Consumer Code
Action resulting from lack of conformity within two years from delivery of the goods.
Œ Article 1641 Civil Code
The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' would have paid a lower price if he had known.
Œ Article 1648 Civil Code s. first
The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect.
Atena is responsible for the proper performance of obligations arising from contracts concluded at a distance, that these obligations are to be performed by itself or through sub-contractors, without prejudice to its right of recourse against them.
Atena can not be held liable for breach of contract, following the occurrence of an event of force majeure (as defined under the Act), particularly in cases of total or partial strike of postal services, transport, and disasters caused by floods or fires. This limitation of liability also applies to the breach of that contract, because, unforeseeable and irresistible, a third party unconnected with the provision of benefits provided. Regarding products purchased to meet the business needs, Atena not be liable for all damages because of this, business interruption, loss of profit, damages or expenses that may arise.
The selection and purchase of a product or a service are under the sole responsibility of the customer. The total or partial inability to use the products in particular due to incompatibility of equipment can give rise to any compensation, reimbursement or questioning the responsibility of Atena, except in the case of a hidden defect found, the nonconformity, defect or exercise the right of withdrawal.
The information requested from the Customer are required to process the order and may be communicated to the company's contractual partners (accountants, lawyers ....). They can also be transmitted to any competent authority to settle disputes between the company and one of its customers.
The customer can see in our "Data Protection", the characteristics of data processing personal use via the website www.galerie-atena.com.
The client can also exercise their rights of access, rectification, opposition in the manner described under "Data Protection" and "imprint" of society.
"Double-Click" and proof
The "double click" associated with the authentication and non-repudiation of the customer when ordering and accepting these Terms of Trade is confirmation of the order and conclusion of contracts in accordance with the provisions of section 1369 -5 Civil Code.
The records stored on company servers and servers on its banks, will be considered as rebuttable presumption (rebuttable) communications, orders and payments between the parties.
In any case, the company will proceed with the recording of telephone conversations between a member of the company and one of its customers or prospects. In the case of outsourcing their customer service, the company undertook to prevent their partner for the implementation of this service, such registration, including in the context of Service Improvement .
Preservation and archiving of documents
Archiving of data transactions is performed on a reliable and sustainable in accordance with Article 1348 of the French Civil Code.
It is made in accordance with the AFNOR standard Z 42-013 for the design and operation of computer systems to ensure the conservation and integrity of records stored in these systems.
These Terms constitute the entire obligations of the parties.
No general or specifically provided by the Client may be incorporated into these Terms, except in cases of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not claim a breach by the Customer, any of the obligations contained herein can not be interpreted in future as a waiver of the obligation.
The company reserves the right to adapt or modify at any time these Terms of Trade. If modified, it will be applied to each order terms and conditions prior to the effective date of the order. The company will also maintain its servers every time-stamped versions of the Contract Conditions.
The products delivered to the customer remain the property of the company until the contract has not been executed entirely. By cons, risk transfer takes effect from the actual delivery of products and / or services ordered on the online store.
The documents provided to the client are governed by the Code of Intellectual Property. They therefore remain the property of the company. It is forbidden to reproduce, sell, or use the documents provided without the consent of the company.
This contract is subject to French law, in accordance with EU directives.
This is so both for the substantive rules for the rules of form. In case of dispute, the companies will focus on settlement.
This search for an amicable solution does not the time to act as security.
Otherwise, and in accordance with Articles 46-48 of the NCPC, the French courts will have jurisdiction.