Terms and conditions of sale
The present conditions of sale are entered into on the one hand by BERTRAND DWORAK, whose registered office is located in Warsaw, rue Piotr Wesockirgo 6A, Poland, registered in the Trade and Companies Register under the number NIP 1132877002, hereinafter referred to as “BERTRAND DWORAK” and manager of the www.atelier-eloi.com website, and on the other hand by any individual or legal entity wishing to make a purchase via the www.atelier-eloi.com website, hereinafter referred to as “the buyer”.
Article 1. Purpose
The purpose of the present conditions of sale is to define the contractual relationship between BERTRAND DWORAK and the purchaser, and the conditions applicable to all purchases made via the www.atelier-eloi.com website. The acquisition of a product through the present site implies unreserved acceptance by the buyer of the present conditions of sale, which the buyer acknowledges having read prior to ordering.
Prior to any transaction, the buyer declares on the one hand that the purchase of products on the www.atelier-eloi.com site is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.
BERTRAND DWORAK reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer's order.
Article 2. Products
The products offered are those shown on BERTRAND DWORAK's www.atelier-eloi.com website, while stocks last. BERTRAND DWORAK reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (name, composition, material, weight, etc.). The photographs are as accurate as possible, but are not binding on the Vendor. The sale of products presented on the www.atelier-eloi.com website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Prices
The prices shown on the product sheets of the internet catalog and are prices in Polish Złotych (zł) inclusive of all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. BERTRAND DWORAK reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order.
In Poland, for orders of 400.00 złotych or more including VAT, shipping costs are free; for orders of less than 400.00 złotych including VAT, the buyer will be charged a flat-rate contribution to shipping costs.
Article 4. Order and payment terms
Before placing an order, the purchaser must create an account on the www.atelier-eloi.com website. The account creation section can be accessed directly from the side menu bar. Each time the buyer visits the site, if he wishes to order or consult his account (order status, profile, etc.), he must identify himself using this information. BERTRAND DWORAK offers the purchaser the option of ordering and paying for its products online, directly by credit card.
- Secure payment by credit card (via the STRIPE system): the buyer selects the products he/she wishes to order in the “basket”, modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: “Payment by card”. In the next step, the buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure STRIPE interface, where he/she can safely enter his/her personal card details. If payment is accepted, the order is recorded and the contract definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the purchaser may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder's written objection. No costs will be charged to the cardholder for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, BERTRAND DWORAK will send confirmation of the order by e-mail.
If the purchaser wishes to contact BERTRAND DWORAK, he may do so either by post at the following address:
Ste. BERTRAND DWORAK
ul. Piotra Wesockiego 6A, 03-371 Warsaw (Poland); or by email to the following address: bertrand.dworak@gmail.com; or by telephone on +48 604 239 239.
Article 5. Reservation of ownership
BERTRAND DWORAK retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the date of delivery of their order to exercise their right of retraction and return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of return.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made via a third-party delivery company, delivery service with tracking, delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the purchaser reimbursed. BERTRAND DWORAK may provide the purchaser with a tracking number by e-mail. The buyer is delivered to his home by his deliveryman. If the purchaser is absent, he/she will receive a delivery notice. The risks associated with transport are borne by the purchaser from the moment the items leave BERTRAND DWORAK's premises. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by BERTRAND DWORAK are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to BERTRAND DWORAK, who will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made electronically to the following address: bertrand.dworak@gmail.com, within thirty days of delivery.
Article 9. Liability
BERTRAND DWORAK, in the distance selling process, is only bound by an obligation of means. BERTRAND DWORAK cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
Article 10. Intellectual property rights
All elements of the www.atelier-eloi.com website are and remain the exclusive intellectual property of BERTRAND DWORAK. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
BERTRAND DWORAK undertakes to preserve the confidentiality of any information provided by the purchaser, which he may be required to transmit in order to use certain services. All information concerning the purchaser is subject to the provisions of law no. 78-17 of January 6, 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by post to the following address: Ste:
Ste. BERTRAND DWORAK
ul. Piotra Wesockiego 6A, 03-371 Warsaw (Poland); or by e-mail to the following address: bertrand.dworak@gmail.com; or by telephone on +48 604 239 239.
Article 12. Settlement of disputes
The present conditions of distance selling are subject to Polish law. In the event of any dispute or litigation, the Warsaw court shall have jurisdiction.