General Terms and Conditions
Terms of Sales
ARTICLE 1: OBJECT
These general conditions of sale aim to define the rights and obligations of ATELIER MIEKO and the Customer of products presented by ATELIER MIEKO on its site www.ateliermieko.fr (hereinafter “the Site”). They apply exclusively between the company ATELIER MIEKO, 14 rue Lulli 69220 Belleville-en-Beaujolais, registered with the RCS of Lyon Siret 900 170 903 00018 (hereinafter “ATELIER MIEKO”) and any individual consumer visiting or carrying out a purchase via the said Site (hereinafter “the Customer”).
On the Site, ATELIER MIEKO allows the Customer to order ATELIER MIEKO brand products online (hereinafter “the Product(s)”) according to these general conditions.
Any order placed with ATELIER MIEKO therefore entails unreserved acceptance by the Customer of these conditions. These general conditions may be modified at any time and without notice by ATELIER MIEKO, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address: https://www.ateliermieko.fr/ in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.
ARTICLE 2. PRODUCTS AND COMPLIANCE
2.1 It is necessary to remind ATELIER MIEKO customers that the products are handcrafted to order. ATELIER MIEKO therefore undertakes to present products for which it has pre-available stocks of raw materials. Otherwise, the product sheet is temporarily removed from the site while waiting for the products concerned to return to stock. After receipt of an order by ATELIER MIEKO via the Site, ATELIER MIEKO validates or not the payment depending on whether or not it can honor the order.
2.2 The Products offered for sale are presented on the ATELIER MIEKO website and accompanied by a description.
2.3 The Products offered by ATELIER MIEKO comply with the standards applicable in France.
The presentation photographs illustrating the products offered on the Site tend to describe and present the items with the greatest accuracy. However, since the representation of the colors cannot be perfectly faithful, these photographs cannot be considered as falling within the contractual scope and minimal variations in the representation of the articles can neither engage the responsibility of ATELIER MIEKO, nor affect the validity of the sale. In order to describe the products sold as faithfully as possible, the customer will be able to read the components and colors available under each photograph. ATELIER MIEKO is also committed to respecting the materials used.
Consequently, ATELIER MIEKO cannot incur the slightest liability in the event of error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.
ARTICLE 3. CUSTOMER OBLIGATIONS
3.1 The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2 The Customer undertakes to communicate to ATELIER MIEKO the actual information necessary to carry out the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, valid phone and email.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the resumption of which would be unlawful.
3.3 Once the order has been placed, ATELIER MIEKO sends the Customer an e-mail confirming it. He also informs him of the dispatch of the Products.
3.4 The Customer can modify his data in the “my account” section.
ARTICLE 4. PRIVATE PURCHASE (BTOC)/PROFESSIONAL (BTOB)
We remind our customers that ATELIER MIEKO products are intended for private use only. Professional purchasing is only tolerated under specific non-profit conditions (corporate gifts, etc.) and provided that it is not intended for commercial purposes (resale – reproduction of models, etc.). In accordance with these conditions, ATELIER MIEKO informs any person or company who orders ATELIER MIEKO products for commercial purposes of the possible prosecution to which they are exposed.
ARTICLE 5. ORDER
5.1 For any first order, the customer completes the registration form provided for this purpose on the Site by completing their email address.
He must also choose a password and confirm it.
The customer's username and password are personal and must remain confidential, the customer being responsible for their use.
If applicable, the customer may inform ATELIER MIEKO in writing of any use of these identifiers made without their knowledge so that ATELIER MIEKO can deactivate them.
When registering, the customer must provide accurate and complete information and ensure that their identifiers are updated in the event of subsequent modifications.
After registering on the Site, the customer will be able to choose the products he wishes to order by browsing the pages dedicated to this purpose.
The customer selects the products by clicking on the icon representing a basket, then click on order, then enter the quantities they want. He can check the selected products at any time by clicking on the basket.
If the customer wishes to continue with their order, they will click on the “basket” icon, then click on the order button.
The customer will then access a new form called “ADDRESS” They will need to complete their name, first name, address and telephone number.
The customer is informed that he has the right to register on the list opposing telephone canvassing in application of article L.223-2 of the Consumer Code.
If the billing address is different from the delivery address of the products, the customer must complete a second identical form for delivery of the products.
The products can only be delivered to the delivery address indicated by the customer during the order process. The information provided by the customer when taking the order is binding on the customer: in the event of an error in the recipient's contact details, ATELIER MIEKO cannot be held responsible for the impossibility of delivering the product.
He will then determine the method of payment for his order.
In order to definitively confirm their order, the customer will be redirected to a summary page including their contact details, the detailed price to pay and the quantity of products desired.
He will then be able to validate the content and amount of his order, after having previously checked the boxes and having read these General Conditions of Sale before placing the order.
He will then proceed to pay for his order, by providing his bank details or sending the check for payment.
Upon validation of payment by ATELIER MIEKO, the customer will receive confirmation of their order by email. They will also be able to find their order in their online space under the “Customer Account” tab.
5.2 Any order will only be validated after acceptance of payment.
5.3 ATELIER MIEKO reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
5.4 ATELIER MIEKO can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
In the event of unavailability after placing the order, ATELIER MIEKO will inform the customer by email of the possible possibility of ordering this product subsequently and of its non-collection or reimbursement if applicable.
Permanent or temporary unavailability cannot in any way engage the liability of ATELIER MIEKO, nor can it give rise to any right to compensation or damages in favor of the Customer.
ARTICLE 6. PRICE
6.1 Prices are expressed in euros (€).
ATELIER MIEKO operates as a micro-enterprise not subject to VAT – Value added tax not applicable, article 293B of the CGI
The price indicated on the product sheets does not include the flat rate for shipping which appears after your choice of delivery method when the order is being placed.
The price invoiced to the customer is the price indicated on the order confirmation sent by email by ATELIER MIEKO; this price is expressed all taxes included (TTC); it includes the price of the products as well as a flat rate for the handling and packaging costs of the products as well as the delivery costs.
ATELIER MIEKO reserves the right to modify prices at any time. However, for any accepted order, ATELIER MIEKO guarantees the prices charged on the date of confirmation of the order
ARTICLE 7. DELIVERY
7.1 ATELIER MIEKO delivers its Products in France and the European Union.
After confirmation of the order, ATELIER MIEKO undertakes to deliver via its carrier, all references ordered by the Customer. The products will be sent by Tracked Letter, Colissimo or Mondial Relay depending on the delivery method selected when ordering by the Customer. In all cases, ATELIER MIEKO undertakes to prepare and ship the order within a maximum of ten (10) working days following registration of the order. In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
The customer can ask ATELIER MIEKO for their tracking number so that they themselves can check the delivery of their package on the official website of La Poste or Mondial Relay.
In addition, for deliveries outside mainland France and Monaco, the customer undertakes to pay all taxes due on the importation of products, customs duties, and any other tax due under the laws of the country in which the order is received. . Orders intended for the European Union are sent by Colissimo with tracking. ATELIER MIEKO cannot commit to delivery times to international countries, as times vary greatly depending on the country; However, all packages are tracked.
ATELIER MIEKO recommends that the customer check the condition of the package(s) as well as the nature, condition, quantity and conformity of the products delivered upon receipt of their order. The customer is invited to carry out any necessary examination to detect possible damage, missing items or non-compliance.
Signing the delivery note and/or transport slip confirms delivery of the products that the customer has ordered.
If the carrier does not give the customer the opportunity to actually check the good condition of the products, he may have a period of ten (10) days instead of three (3) days, not including public holidays, to issue reserves.
To exercise his right of refusal, the customer will open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged product. Failing to comply with these requirements, the customer will not be able to exercise his right of refusal, and ATELIER MIEKO will not be required to comply with the customer's request to exercise his right of refusal.
If the customer's package is returned to ATELIER MIEKO by post or by other postal service providers, ATELIER MIEKO will contact the customer upon receipt of the returned package to ask them what action to take on their order. If the customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment.
In the event of a delivery error, the product will be returned to ATELIER MIEKO in its entirety and in perfect condition in its original packaging, in its initial condition, accompanied by its invoice.
ARTICLE 8. DELIVERY COSTS
A flat rate including shipping costs and packaging costs is applied to each order depending on the country of shipment. For France, for orders over €60, delivery is free.
For abroad, shipping costs are calculated based on the country of shipment for an average weight observed defined by ATELIER MIEKO. In rare cases, ATELIER MIEKO reserves the right not to accept the order in order to warn the customer in advance of a significant variation in the shipping price depending on the weight, the place of destination or the impossibility of its delivery. carrier Colissimo International. The customer can then automatically choose to interrupt or continue with his order.
ARTICLE 9. PAYMENT
Full payment must be made when ordering. At no time can the amounts paid be considered as deposits or deposits. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard, CB), or by Paypal, in accordance with the provisions of this article.
ATELIER MIEKO retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by ATELIER MIEKO are 100% secure. For payments by bank card (credit card, visa credit card), all the information that Customers communicate to ATELIER MIEKO is strictly protected and guarantees the compliance and security of each transaction.
ARTICLE 10. RETURNS AND REFUND OF PRODUCT(S)
RIGHT TO RETRACT
In accordance with the provisions of articles L.221-18 et seq. of the Consumer Code, the customer has a period of fourteen (14) days to cancel his order without having to give reasons or pay penalties.
This right of withdrawal does not apply to items made to customer specifications or clearly personalized.
The withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the products.
To exercise this right of withdrawal, the customer will inform ATELIER MIEKO of his decision before the expiration of this period:
- By returning the withdrawal form to his address by mail,
- By sending him an unambiguous declaration by email to the following address: atelier.mieko@gmail.com
After verification, the customer will receive an email from ATELIER MIEKO informing on the terms and conditions for returning the product.
The customer will then return the products to the address indicated on the return slip without undue delay and at the latest within fourteen (14) days following communication of their decision to withdraw.
The products must be returned to ATELIER MIEKO by registered parcel with acknowledgment of receipt (for example by colissimo with tracking) or by any other means allowing a certain date to be given.
The direct costs of returning the products and the risks of return will remain the responsibility of the customer.
The products must be returned to ATELIER MIEKO unworn, unaltered, in their original packaging accompanied by the corresponding invoice.
In the event of a partial return of an order, ATELIER MIEKO will reimburse the customer only for the amount of the returned item.
For hygiene reasons, items returned visibly worn, incomplete, damaged, damaged or soiled are not returned, refunded or exchanged. In the event of abnormal or abusive returns, ATELIER MIEKO reserves the right to refuse a subsequent order.
The customer will also ensure that the return number indicated on the return slip is clearly written on the package.
If the customer decides to withdraw, ATELIER MIEKO will reimburse all sums paid corresponding to the sale price(s) of the returned product(s).
ATELIER MIEKO will reimburse, without undue delay, and at the latest within fourteen (14) days following the date on which it receives the products.
This reimbursement will take place using the same means of payment as that which the customer used for the initial transaction, unless expressly agreed on his part for ATELIER MIEKO to use another means of payment and provided that this reimbursement does not cause him of charges.
ARTICLE 11. GUARANTEES
ATELIER MIEKO has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. ATELIER MIEKO cannot be held liable for any inconveniences or damages inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
ARTICLE 12. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.).
This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of ATELIER MIEKO.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of ATELIER MIEKO.
The Customer is therefore required to respect intellectual property rights and may not use the brands appearing on the Site and on the Products where applicable, or register a brand that would be detrimental to the rights holder, unless otherwise provided by contract.
The same applies to any other intellectual property right.
ARTICLE 13. LIABILITY
ATELIER MIEKO undertakes to use confidential information from Customers only in the context of the operation of its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
As such, information concerning him may be communicated to ATELIER MIEKO technical service providers as necessary.
Furthermore, ATELIER MIEKO may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of personal data concerning him appearing in the ATELIER MIEKO files. Any request must be sent by e-mail to: atelier.mieko@gmail.com or by post to the following address: ATELIER MIEKO, Chez Camille HUET, 14 rue Lulli 69220 Belleville-en-Beaujolais, FRANCE.
ARTICLE 14. APPLICABLE LAW – DISPUTES
These General Conditions of Sale are subject to the application of French law.
Consumer Guarantee
In the event of a dispute, the customer will contact ATELIER MIEKO as a priority to obtain an amicable solution. You can contact ATELIER MIEKO by telephone on 07 85 84 42 74, electronically at atelier.mieko@gmail.com or by post at the address: ATELIER MIEKO, chez Camille Huet, 14 rue Lulli 69220 Belleville-en -Beaujolais, France.
In the event of a dispute that cannot be resolved amicably directly with us, we invite you to go to the European online dispute resolution (ODR) platform or contact us by email.
Any dispute that cannot be resolved amicably will fall under the exclusive jurisdiction of the French courts.
Since January 1 , 2016, all professionals must allow consumers free access to a consumer mediation system with a view to amicably resolving any possible dispute. This obligation results from article L.612-1 of the Consumer Code .
As such, Atelier Mieko has therefore signed a mediation agreement with the mediation organization SOCIETE DE LA MEDIATION PROFESSIONNELLE, located at 24 rue Albert de Mun 33000 Bordeaux, https://www.mediateur-consommation-smp.fr/
Please note that mediation is not compulsory but only offered in order to resolve a dispute without having to take legal action.