Terms and Conditions
Terms and Conditions
OBJECT
The following terms and conditions ("Terms and Conditions") apply to the sale of products (“Products”) on the website www.atelierclandestin.net (the "Website") by CertiSpa SNC with company number: 0485.494.617 (referred here as "Atelier Clandestin"). The registered office is at Rue de Trooz 34, Beaufays (Belgium).
The customer ("Customer") is the person (adult or minor with the consent of a parent or guardian) who has created a user account on the Website and who wishes to purchase from Atelier Clandestin. The present General Conditions are communicated to the Customer when the user account is created. During the user account creation process, the Customer will expressly confirm their agreement to the General Conditions. Finalization of the creation of the user account by the Customer implies definitive acceptance of the application of these General Conditions to the relationship between Atelier Clandestin and the Customer.
These Terms and Conditions apply notwithstanding any other conditions of the customer. By accepting these General Terms and Conditions, the Customer fully waives the application of their own general terms and conditions. Before the Customer's order for a Product is definitively sent to Atelier Clandestin, the Customer will indicate once again that they accept the application of the Terms and Conditions. The Customer accepts the Terms and Conditions by ticking the box next to "I have read and agreed with the Terms and Conditions".
All Atelier Clandestin deliveries are made from Belgium. Orders are placed in English.
The electronic transmission of an order form by the Customer is equivalent to an electronic signature which, between the Customer and Atelier Clandestin, has the same value as a written signature as proof of the order.
If any provision of this agreement is declared illegal, void for any reason or for any other reason declared unenforceable, such provision shall be deemed to be independent of the other Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of the General Terms and Conditions.
Atelier Clandestin reserves the right to modify these Terms and Conditions. Changes will not apply to orders placed before the changes become effective.
Any deviation from these Terms and Conditions shall only be enforceable with Atelier Clandestin's express prior written agreement.
The Customer agrees to fully indemnify, defend and hold Atelier Clandestin harmless, immediately upon demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by the Customer, or any other liability arising out of their use of the Website or any other person accessing the Website using their personal information.
PRODUCTS & PRICES
The Products are divided in two categories: physical products ("Physical Products") and digital products ("Digital Products"). Digital Products are any and all digital content produced and supplied by Atelier Clandestin to the Customer, including but not limited to e-books and articles, and are not provided in a physical form.
The Website offers the most accurate representation possible of the Products at the time the Customer places their order. However, Atelier Clandestin cannot be held responsible for any errors or discrepancies in the description or photographic representation of the Products (e.g. packaging and contents) on the Website.
Atelier Clandestin is not responsible for the unavailability of a Product, nor for any damage that may result therefrom. In the event that one or more Products in an order are unavailable, the Customer will be informed by email by Atelier Clandestin that the order will be canceled in whole or in part or split up.
The prices as displayed on the Website at the time the Customer places the order apply to this order. These prices include VAT but do not include shipping fees.
In the event of an obvious error in the price indication, Atelier Clandestin is not bound by it and the Customer accepts that Atelier Clandestin may issue a new payment at the correct price. The Customer is never obliged to accept a quotation.
Pre-sale items and/or items ordered before the item is offered for sale in the online store may always undergo a price change. In this case, the customer may choose not to purchase the item at the changed price, free of charge.
PAYMENT & FULFILLMENT
An agreement is validly concluded when the order is placed electronically by clicking on the “Complete order” hypertext link, or by sending an email containing an order.
Payment is always made electronically. Each order is payable immediately upon conclusion of the contract. Fulfillment of the contract normally takes place almost immediately after payment via Maestro, Mister Cash, iDeal, Sofort, credit card, any other electronic payment method or confirmation of payment by bank transfer. However, any delay in processing does not entitle the customer to compensation.
In the case of payment by bank transfer, the Products ordered will be sent once the amount due has been received. In this case, too, any delay in processing does not entitle the customer to compensation.
DISCOUNT CODES
The Website allows the use of discount codes strictly in accordance with the conditions of issue, which may, among other things, include conditions relating to the right to use them and the order value.
Atelier Clandestin reserves the right to reject or cancel any order for which one or several discount codes were added to the shopping cart without respect of the conditions of use.
DELIVERY METHOD & FEES
Physical Products
The countries for which delivery of Physical Products is available are: Belgium, France, Netherlands, Luxembourg and Spain. The available delivery methods are: Bpost home (for Belgium only), Bpost service point (for Belgium only) and Mondial Relay service point (for all of the aforementioned countries). Delivery times may vary depending on the destination and will be confirmed once the parcel has been dispatched.
It is the Customer's responsibility to provide Atelier Clandestin with complete and accurate delivery information. The Website will not be liable for any inaccurate or incomplete information.
If the Customer chooses a service point delivery, they will be asked to choose a service point after the checkout. If the Customer does not select any service point, Atelier Clandestin will contact them to inquire about the service point where the parcel should be delivered. If the Customer cannot be reached within a reasonable delay, Atelier Clandestin will select the service point closest to the Customer's address by default.
Atelier Clandestin cannot be held responsible for any loss, damage or delay in delivery of the customer's items that would result from using the services offered by our delivery partners (including, but not limited to, delivery of the parcel to a neighbor or its deposit in a safe place).
The cost of delivery will be displayed on the website before the order is finalized. By confirming the order, the customer agrees to payment of these costs.
A shipping confirmation email will be sent when the parcel is ready to ship.
Digital Products
Digital Products are delivered electronically via download or digital transmission immediately after making the purchase. Any delay in the delivery of the Digital Products does not entitle the Customer to compensation.
WITHDRAWAL
Physical Products
Unless explicitly stated otherwise on the Website, the Customer has the right, within a period of 14 calendar days from the day following that on which they received the Physical Product, to inform Atelier Clandestin that they wish to make use of their right of withdrawal, without having to pay any compensation and without having to give justification.
1. The right of withdrawal for delivered Physical Products is only valid if the Physical Product is effectively returned within 14 calendar days after the Customer has informed Atelier Clandestin that they wish to withdraw their purchase.
2. The revoked Physical Product must be returned in new condition, in its original packaging, in perfect condition and accompanied by the original sales invoice and a duly completed returns document.
3. The Physical Product must be returned to CertiSpa SNC, Rue de Trooz 34, 4052 Beaufays, Belgium.
4. The risks associated with the return are borne by the Customer. The Customer only bears the direct costs of returning the Physical Products.
Digital Products
If a Customer places an order including Digital Products, by downloading the corresponding files, they renounce their right of withdrawal on these Digital Products. Once the Digital Products have been delivered and downloaded, no refund is possible.
WARRANTY
Atelier Clandestin does not guarantee, represent or warrant that the use of the Website will be uninterrupted, timely, secure or error-free, nor that the results that may be obtained from the use of the Website will be accurate or reliable.
The Customer agrees that the Website may be unavailable for indefinite periods of time or shutdown, without notice to them.
The Customer agrees that their use of, or inability to use, the Website is at their own risk. The Website and all Products (Physical or Digital) delivered through the Website are (except as expressly stated by Atelier Clandestin) provided 'as is' and 'as available' for the Customer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In the event of non-conformity of a Physical Product, it may be returned to Atelier Clandestin who will take it back, exchange it or reimburse it according to the terms described in the “Withdrawal - Physical Products” section. All claims, requests for exchange or reimbursement must be made by writing at atelierclandestin.creations@gmail.com.
INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges and agrees that all copyrights, trademarks and all other intellectual property rights in all materials and content available on the Website remain the property of Atelier Clandestin at all times.
The Customer acknowledges and agrees that the materials and content of the Website are made available for their personal use only and not for any commercial use. Any other use of the materials and contents of the website is strictly prohibited. The Customer undertakes not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content (and not to assist or facilitate any third party in doing so).
COMMENTS
Customers grant a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display their submitted comments throughout the world in any media.
The Customer warrants that the content and medium of any submitted comment is accurate and will not cause prejudice to any person or entity (and that the content or medium is not defamatory or discriminatory in any way).
CUSTOMER SERVICE
If the Customer is not satisfied with their purchase or has a complaint, they shall contact us at atelierclandestin.creations@gmail.com or via the contact form on our contact page. If the customer is not satisfied with the way their complaint has been handled, they can lodge their complaint with the European Commission's ODR (Online Dispute Resolution) platform from February 15, 2016.
CUSTOMER PRIVACY
An overview of all the personal data stored will be provided on request. Atelier Clandestin retains this data for as long as is legally necessary for accounting purposes. This data can be inspected and all data can be deleted on request. This data will never be passed on to third parties.
THIRD PARTY SITES
The Website may include links to other websites or documents that are beyond our control. Atelier Clandestin is not responsible for these websites or their content, nor do we review or endorse them. Atelier Clandestin is not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, or for any damage, loss or tort caused or alleged to be caused by or in connection with use of or reliance on any such advertising, content, products, materials or services available on such websites or external resources.
