The general conditions of sale applicable on the site www.atoushop.com
Updated on JANUARY 1, 2016
1. GENERAL PROVISION
These general conditions of sale apply to any consultation or order placed on the website https://www.atoushop.com and its derived addresses, hereinafter referred to as ATOUSHOP.com whose head office is registered with the RCS AGEN under number 491620225 and having intra-community VAT number FR34941620225 for the purchase of goods to be delivered in mainland France. Any delivery of an order on the site www.atoushop.com implies on the part of the buyer the unreserved acceptance of these general conditions of sale, no different clause will be enforceable against us. These cannot be modified by contrary stipulations appearing on the customer's purchase orders or in their general conditions of purchase. In the event of non-compliance with these general conditions and in particular with regard to the conditions of sale set, the reductions, discounts, discounts, freebies and payment deadlines which could be granted are automatically canceled.
2. MODIFICATION OR CANCELLATION – RIGHT OF WITHDRAWAL
2.1 Any request for cancellation or partial or total modification of the order must be received before the end of package preparation, i.e. 12 noon, Monday to Friday. The request must be submitted to ATOUSHOP.com customer service by email. After registration and validation of the request, any study will be carried out on a case-by-case basis. No cancellation or modification will be admissible without agreement from ATOUSHOP.com.
2.2 In any case, the ATOUSHOP.com site reserves the right to invoice the buyer for the materials supplied, labor costs and expenses incurred for the preparation or execution of the canceled or modified order.
2.3 In the event of a shortage of an ordered reference, the ATOUSHOP.com site reserves the right to replace it with a similar product, the buyer having the choice of accepting the proposal or canceling the order by benefiting from a credit (valid for 3 months). If no replacement is possible, the ATOUSHOP.com site automatically issues a credit note to the customer (credit note valid for 3 months).
2.4 In the event of an error in the choice of carrier by the customer (for example "Transport GLS France" instead of "Transport Corsica" for a shipment to Corsica), the ATOUSHOP.com site reserves the right to automatically cancel the order and issue a credit note (valid for 3 months).
2.5 The right of withdrawal:
Customers are consumers and as such have a fourteen-day right of withdrawal. A “consumer” is any natural person who performs a legal act for a purpose which cannot be attributed either to his industrial or commercial professional activity or to his independent professional activity. The following regulations relating to the right of withdrawal and its exclusion are applicable. For any other questions about withdrawal, the customer can contact Atoushop.com customer service.
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Right to retract
You have the right to withdraw from this contract without giving any reason, within fourteen days. The withdrawal period expires fourteen days after the day "on which you or a third party other than the carrier and designated by you, takes physical possession of the last good" if it concerns a contract relating to several goods ordered by the consumer by means of a single order and if these goods are delivered separately.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by electronic email) to Email: firstname.lastname@example.org.
You can use the withdrawal form template, but it is not obligatory.
For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you (except for additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the least expensive method standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may refuse to refund you until we have received the returned products or until you have provided proof that you have returned the products, using the earliest date as a reference.
You must return or hand over the products to us without undue delay and in any case, no later than fourteen days from the date on which you informed us of your withdrawal.
The deadline is considered to have been met when you have sent us the products within fourteen days.
In the event of withdrawal, the return costs will be your responsibility; all products for sale on the site can be returned by post.
You must only be responsible for any loss of value of the goods if this loss of value is due to the fact that you handled the product to check its condition, characteristics and functioning, when this was not necessary.
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Exclusion of the right of withdrawal
Any right of withdrawal is excluded for the delivery of products
Which are not prefabricated and which are manufactured in accordance with an individual choice or specification of the consumer or according to their personal needs, for the delivery of perishable products or whose expiry date could quickly be exceeded,
For which any return is impossible for reasons of hygiene or health protection, if their airtight seal has been removed after delivery,
If they have been mixed with other products inseparably due to their texture, after delivery.
For products in unsealed and/or tested packaging (under warranty or not)
Model withdrawal form: also available by clicking HERE
(Please complete and return this form only if you wish to withdraw from the contract)
— By email to email@example.com
— I/We (*) hereby notify you of my/our(*) withdrawal from the contract relating to the sale of the goods (*)/for the provision of services (*) below:
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
2.6 Return of products outside of warranty or outside withdrawal period
Any return of non-guaranteed, or non-guaranteed, product outside the withdrawal period must be requested in writing (email or post) in advance. Following the authorization and agreement of the Atoushop.com site, the package will be returned to the company's address at the customer's expense. The customer will then be sent either a credit note for the amount of the returned product (deduction of shipping costs) or following motivation and agreement of Atoushop.com, or a refund (deduction of shipping costs), the latter may be reduced by administrative costs linked to reimbursement (bank charges among others).
In the case of unclaimed or returned packages due to an incorrect address (the customer being responsible for providing Atoushop.com with a valid address), and without notice from said customer within the legal withdrawal period of 14 days, this return then occurring between 10 and 15 days on average depending on the logistics operator, the package does not then fall within the legal withdrawal period of 14 days. It will then be treated as a non-guaranteed product return outside the legal withdrawal period, a refund or credit will then be made with the costs retained previously indicated.
3. ORDER and PRICE
3.1 Product offerings
The Product offers presented on the Site are valid exclusively for deliveries in mainland France. The products are presented in accordance with legal requirements and as accurately as possible.
The perfect representation of the Products on the Atoushop.com Site cannot be guaranteed, in particular due to differences in color rendering by Internet browsing software and/or display monitors, or even marketing modifications to the packaging of certain products by suppliers and manufacturers, ATOUSHOP.COM cannot be held responsible for the slight inaccuracy of the photographs appearing on the Atoushop.com Site, without this being of a misleading nature (article L.121-1 and 121 -6 of the Consumer Code).
In the same way, we do not guarantee the detailed description of the product as a contractual commitment due to partial modifications that may be made at any time by the manufacturer without the ATOUSHOP.com site being informed, without however the differences are misleading. We take constant care in updating product sheets.
Concerning promotional offers (such as 1+1 free / free kilos) initiated by the manufacturers or the Atoushop.com site, they are valid within the limits of stocks available on the day of the order, and in chronological order. Any order placed outside the company's opening hours and which cannot be honored as a promotional offer will be systematically replaced by the standard offer relating to it, bearing the same reference.
3.2 Order acceptance
Validation of payment by credit card, paypal, transfer or bank check and confirmation that the order has been taken into account constitutes acceptance of the order by the customer and the Atoshop.com site.
Our prices are displayed in Euros and including VAT (All Taxes Included, French VAT in force) for each product. They can be decreasing depending on the quantities ordered, and only on the products mentioned.
3.4 In the event of a significant change in economic data, in particular raw material and transport costs, we reserve the right to revise our prices.
3.5 Offers cannot be combined (discounts, freebies, reduction codes, etc.), unless otherwise agreed by email.
3.6 Errors in pricing, word processing, typing errors, or updating errors may occur on the site www.atoushop.com, without the company being obliged to apply these errors. As long as the customer adds a product to his basket and validates the purchase, by payment, he accepts the prices and conditions of sale. If the price of the product added to the basket does not absolutely correspond to the market price, the ATOUSHOP.com site reserves the right to cancel the sale and either reimburse the customer, or ask him to pay the additional amount in the event that the customer accepts the changes.
4.1 Invoicing for goods is made at the time of ordering and upon receipt of payment.
4.2 The customer must under no circumstances automatically deduct a credit from an invoice that does not concern the items covered by said credit.
4.3 The invoice is available for download on the Atoushop.com website, in the “my orders” subsection.
5.1 All our shipments are insured. The delivery and transport times communicated have only an indicative value, and are not likely to result in the application of delay clauses, they do notconstitute no commitment on our part. Consequently, overruns cannot give rise to damages, retention, delivery or cancellation of orders.
5.2 Whatever the mode of transport and even whether shipped free of charge or not, the goods always travel at the risk of the recipient.
On the day the packages are shipped, the customer receives in the order tracking of their Atoushop.com account, the information for tracking the packages (the package numbers and the name of the carrier, as well as the contact details of the website to ensure real-time order tracking). The customer has the obligation to be available to the carrier when his order is delivered, either in person or by authorizing another person to receive the packages (delivered against signature only).
In the event of return to the sending headquarters of undelivered packages (after 10 days of being put on hold by the carrier) for reasons of "absence" or "non-collection" of the recipient, the order can be reshipped only against full payment of the redelivery fees (there is no free redelivery). If the customer wishes to cancel the order, the credit or reimbursement granted will be reduced by the actual transport cost charged to Atoushop.com during the first shipment (said cost is transmitted with the opening of the dispute file, valid for any order even shipped at a reduced or free rate).
5.3 In the event of delay, loss - breakage, damage or theft, it is up to the customer to take the initiative to file a complaint with the carrier within the allotted time frame (maximum 2 days in the event of breakage.... and maximum 7 days in the event of theft), to notify it on the delivery slip, and to inform atoushop.com customer service by email.
5.4 We are released from the delivery obligation in the event of force majeure such as mobilization, war, total or partial strike, fire, flood, interruption or delay in transport, lack of goods, bad weather or any other cause hindering the activity of our business or that of our suppliers.
5.5 Shipping costs are charged based on the weight of the order. Transport is due unless the ATOUSHOP.com site grants free delivery, this condition is valid from 39 euros of purchase including tax (with the GLS company delivery transport option only). After shipment, delivery is made by carrier within 24-48 hours at the latest 72 hours (non-contractual deadline).
- Preparing and shipping your order
We prepare your order
- Same day for orders placed before 12 p.m.
- The next day for orders placed after 12 p.m.
Taking into account working days: Monday to Friday
We ship your order
- Order validated from Friday 12 p.m. to Monday 12 p.m.: shipping on Monday
- Order validated from Monday 12 p.m. to Wednesday 12 p.m.: shipping on Wednesday
- Order validated from Wednesday 12 p.m. to Friday 12 p.m.: shipping on Friday
After shipment, delivery is made by carrier within 24-48 hours at the latest 72 hours.
You will receive the tracking number of your package by email the same day it is sent.
6.1 It is the responsibility of the customer or his representative to know the condition of the goods before unloading. He is the only person qualified to make reservations with the carrier. The company cannot be held responsible for damage to the goods. Packages are delivered and delivered against signature only, except in the event of a personalized request from the recipient at their own risk.
6.2 Except for the right of withdrawal, no item will be taken back or exchanged. Exceptionally, the ATOUSHOP.com site can grant a return, only on individual study, and the costs of returning and returning the exchanged items will be the responsibility of the customer.
6.3 No return or dispute request will be accepted if it has not been the subject of a prior request by email to the ATOUSHOP.com site, any request is then studied on an individual case by case basis.
With regard to any dispute over an incomplete order, any complaint can only be taken into account if the damage has been noted in the presence of the driver, and notified on the carrier's delivery note.
In the event of return to our headquarters of undelivered packages (after 10 days of waiting by the carrier) for reasons of "absence" or "non-collection" of the recipient, the order can be reshipped only against full payment of the redelivery fees (there is no free redelivery). If the customer wishes to cancel the order, the credit or reimbursement granted will be reduced by the actual transport cost charged to Atoushop.com during the first shipment (said cost is transmitted with the opening of the dispute file, valid for any order even shipped at a reduced or free rate).
6.4 In the event of opening a dispute with our insurance, for receipt damage, any request will be handled individually, any possible compensation will be awarded based on the analysis carried out by our insurance and its agreement.
7.1 Our sales are made in cash, only by credit card, paypal, transfer or check without discount on order, unless otherwise stipulated.
7.2 Any order can be shipped only after payment has been validated by our financial institutions.
7.3 Any payment made by credit card or Paypal is 100% secure by our financial organizations. When paying online for your order, you are automatically transferred to the Banque Populaire or Paypal server thanks to a secure transaction in accordance with French Government authorizations. The card number is thus encrypted, between the browser and the secure server of Banque Populaire or Paypal.
All information relating to your Bank Card and Paypal account is only recorded in the databases of Banque Populaire or Paypal, and not in those of the Atoshop.com site. In no way do we receive, record or store anything concerning your banking information.
After validation of your payment by Banque Populaire or Paypal, you will be automatically transferred back to our site. The personal data entered in the cookie will then be deleted.
7.4 Failure to pay our invoices by the due date will result, whatever the payment method provided, in litigation and the application, as damages under the Criminal Clause, of compensation equal to 15% of the unpaid sums. .
7.5 In accordance with law N°92-1442 of 12/31/92 as well as article 53 of law N°2001-420 of 05/15/01, failure to pay will also result in the application of late payment penalties of a rate equal to 1.5% per month or fraction of a month of delay, to which are added the re-invoicing of recovery costs, even in the absence of a lawsuit or formal notice.
8. OWNERSHIP RESTRICTION
8.1 The transfer of ownership of the goods is suspended upon full payment of the price. By payment, we mean either the actual delivery of cashing of checks, or the payment of commercial instruments.
8.2 In the event that our company should claim the goods, it will retain the deposits received as damages. The buyer is not entitled to pledge the goods subject to retention of title or to transfer ownership by way of security.
9. RESERVATION OF OWNERSHIP
9.1 The ATOUSHOP.com site reserves ownership of the goods until full payment is made in accordance with Law No. 80 335 of May 12, 1980.
9.2 In the absence of payment, the ATOUSHOP.com site reserves the right to either demand full payment or take back all of the goods sold, at your expense, risk and peril.
9.3 Resale or consumption: the goods remaining the property of the ATOUSHOP.com site until full payment of their price, the buyer is expressly prohibited from disposing of them for resale or consumption.
10. WARRANTY AND CLAIM
10.1 In the event of non-compliant delivery or subject to dispute, any complaint must be reported to us by email with acknowledgment of receipt within seven days of receipt of the goods.
10.2 Complaints will not be admissible if the goods have been stored in conditions detrimental to their good conservation.
10.3 Under no circumstances can the ATOUSHOP.com site be sought for damages for hidden defects.
10.4 The assessment of possible compensation can only relate to the goods which have been the subject of a complaint made within the above deadlines, always with the exception of hidden defects and in all cases cannot be decided unilaterally but only after careful examination of the incriminated lot by the ATOUSHOP.com site or one of its representatives.
10.6 Any complaint does not relieve you of the obligation to pay for the goods.
10.6 PRODUCT WARRANTY / LIABILITY
Warranty legislation applies. In the event of a malfunction of a device under warranty, the Atoushop.com site takes action against the manufacturer, in the sole interests of the customer. If the manufacturer's warranty follow-up does not suit the customer, he must turn against the manufacturer and not against the Atoshop.com site.
Extended warranty of 1 year
The products are guaranteed for a period indicated by the manufacturer, from their delivery, against all manufacturing, design or material defects.
Excluded from the warranty:
- damage to the product resulting from normal wear and tear having regard to its nature, function, composition and price;
- the slight differences noted on the Products;
- products that have been used too intensively, particularly for purposes other than private purposes;
- all product defects that may result from poor installation, storage, conservation, or assembly (non-compliance with assembly instructions), lack of maintenance, misuse or use not in accordance with the technical specifications or use (non-compliance with maintenance and upkeep requirements), modifications or repairs carried out by the buyer or a third party, damage caused by external objects (television of a excessive weight on furniture not designed for this use), external events such as accidents, shocks, fires, acts of vandalism, water damage, natural or artificial lights (in the event of discoloration), natural disasters or bad weather.
10.7 Implementation of the guarantee
To implement the guarantee, the buyer will contact the customer service of the Atoushop.com site by email: firstname.lastname@example.org, in accordance with the Consumer Code (articles L.112-19 and L.113-5)
Presentation of the original invoice will be required to benefit from the guarantee.
10.8 Legal guarantees
The Products are guaranteed by their respective manufacturers according to the deadlines indicated on the site, against possible lack of conformity and hidden defects under the conditions provided for by the provisions of the Consumer Code and the Civil Code.
Extracts from the Consumer Code:
Art. L. 211-4. - The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Art. L. 211-5. - To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar item and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Art. 1641: The seller is bound by the guarantee for defects cpurchases of the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have only paid a lower price for it, if he had known them.
- Art. 1648: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
11.1 All orders are shipped with reinforced cardboard packaging, in accordance with the requirements of our carriers.
11.2 However, for certain shipments, the Atoushop.com site may decide to package the goods in very reinforced cardboard.
12. LEGAL JURISDICTION
Any dispute will be within the jurisdiction of the Agen Commercial Court which has exclusive jurisdiction, even in the event of a warranty claim or multiple defenders, notwithstanding any clause to the contrary.