GENERAL TERMS AND CONDITIONS OF SALE SITE AT4.COM
This website (hereinafter the ” site “) is published by the company AT4 Francea société par actions simplifiée (simplified joint-stock company) with capital of €600,000, having its registered office at 80 route de Binans – 39570 Publy, registered with the Registre du Commerce et des Sociétés de Lons-Le-Saunier under number 839 694 692 (hereinafter referred to as the “Company”). AT4 France “).
AT4 France is registered with the Registre national des metteurs sur le marché d’éléments d’ameublement under number FR025963_10VEEH and with the Registre national des metteurs sur le marché de jouets under number FR025963_12RPNU. These numbers guarantee that AT4 France, by joining Eco-mobilier, complies with its regulatory obligations under article L 541-10-1 10° of the French Environment Code.
AT4 France is registered with the Registre national des producteurs d’emballages et de papiers graphites under numbers FR025963_01OUOT and FR025963_03TNQZ. These numbers guarantee that AT4 France, by joining CITEO, complies with its regulatory obligations under Articles L.541-10 and R.543-53 to R.543-65 of the French Environment Code.
Article 1 – Scope of the General Terms and Conditions of Sale
These general terms and conditions of sale apply to all orders for Products offered for sale by AT4 France placed on the website www.at4.com (hereinafter referred to as “the Site”) by an adult Customer, a consumer within the meaning of French law and jurisprudence, hereinafter referred to as “the Customer”.
The Customer declares to have full legal capacity to commit himself under these general conditions of sale.
Any order implies the full and unreserved acceptance by the Customer of the present general conditions, unless special conditions are agreed or accepted in writing between the parties.
Any other document than the present general conditions of sale and in particular catalogs, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual.
AT4 France’s failure to invoke any of the clauses of these general terms and conditions at a given time shall not constitute a waiver of its right to do so at a later date.
AT4 France reserves the right to adapt or modify these terms and conditions of sale at any time. In case of modification, the general sales conditions in force on the day of the order will be applied to each order.
In the event that any provision of these terms and conditions is held to be invalid for any reason whatsoever, all other provisions of these terms and conditions shall remain in full force and effect between the Parties.
Article 2 – Order
2.1 Products
Any goods listed on the Site can be ordered immediately subject to availability. The availability of a Product is indicated directly on its description sheet.
The offers of Products and prices are valid as long as they are visible on the Site, and in the conditions of availability provided at the time of the order placement.
If, despite all the precautions taken by AT4 France to indicate in real time the availability of its Products on its Website, a Product proves to be unavailable after an Order has been placed, the Customer will be informed as soon as possible by e-mail of the time within which the Product will be made available. The Customer who does not wish to wait for this availability or in case of definitive unavailability of the Product, is refunded the price of the Product if his bank account has been debited, and this within thirty days following the effective date of payment, the rest of the order remaining firm and definitive.
Any order implies acceptance of the prices and description of the Products available for sale.
The visual presentations (images, photos, drawings…), which appear on the Site are provided for illustrative purposes. For technical reasons (photographic and computer), the actual rendering of the Products may differ from the photographs presented on the Site.
The Customer must refer to the descriptions of each Product in order to know its precise characteristics.
2.2 Placing the order
Orders are made exclusively through the Site, orders made by mail or telephone will not be taken into account.
The Customer places his order on the Site, from the online catalog and by means of the form which appears there.
The Customer shall follow the different steps of the order process on the Site, by selecting the desired Products. He then validates his choice by clicking on the “Order” icon.
All Products ordered are summarized so that the Customer can check the details of his order and its total price, and correct any errors, before confirming it to express his acceptance.
When confirming the content of his order, the Customer accepts, by clicking in the indicated place, the present general conditions. He indicates his choice of delivery address.
He will finally validate his order by payment.
The validation of the Order by the Customer implies the acceptance of the prices and characteristics of the Products purchased.
2.3 Customer account
The placing of an order on the Site is subject to the prior and free creation of a Customer Account on the Site.
When creating a Customer Account, the Customer agrees to provide accurate and truthful information about his situation. To do so, he/she will communicate his/her name, first name, postal address, telephone number and email address and will choose identifiers (a user name and a password). The computer system set up by AT4 France will then check that the user name is unique. These identifiers, strictly confidential, will be requested from the Customer for each transaction.
The password can be changed online from the Customer Account. This password is personal, confidential and non-transferable, and the Customer therefore undertakes not to communicate it to third parties.
Any access to the Customer’s Account, using the Customer’s password, is deemed to have been made by the Customer. AT4 France shall not be held liable for any fraudulent or abnormal use of the password and/or Customer Account.
AT4 France also reserves the right to use the Customer’s password exclusively for technical maintenance of the Site. Under these conditions, AT4 France guarantees to maintain the confidentiality of the Customer’s password at all times.
The Customer agrees to take care of these identifiers and shall immediately report in writing any loss in order to avoid liability.
In case the password is lost or forgotten, the Customer can click on a “forgotten password” link and enter his e-mail address. He will receive an email with a link to create a new password.
The customer undertakes to regularly check the data concerning him/her before each new order, and to make any necessary changes online on his/her Customer Account. AT4 France particularly draws the Customer’s attention to the need to provide a valid e-mail address and telephone number.
2.4 Payment
The Customer’s order is payable in cash on the day of the order. Payment is made by credit card (Visa, Eurocard/Mastercard).
The customer guarantees AT4 France that he/she has the necessary authorizations to use the method of payment he/she has chosen for his/her order, when registering his/her order form, and that he/she has sufficient funds to cover all costs resulting from this order.
AT4 France reserves the right to request a photocopy of the Customer’s identity card and/or bank card (front only) for any payment by bank card.
As part of the fight against Internet fraud, information relating to the Customer’s order may be transmitted to any third party authorized by law or designated by AT4 France for the sole purpose of verifying the Customer’s identification, the validity of the order, the method of payment used and the intended delivery. When a means of payment is issued by a banking institution, only those issued by a banking or financial institution authorized to operate in France will be accepted by AT4 France.
The online provision of the Customer’s bank details and the final validation of the order by payment shall constitute proof of the Customer’s agreement in accordance with the provisions of the law of 13 March 2000 and shall be deemed to be :
– due and payable of the amounts due under the purchase order
– signature and express acceptance of all operations carried out.
No order paid for by the Customer may be cancelled or modified, subject to the provisions of Article 6 hereof.
The payment will be considered effective after confirmation of the agreement of the banking payment centers.
2.5 Confirmation of the order validation
AT4 France will confirm the validation of the Customer’s order by e-mail summarizing the Products ordered, their price, including the standard withdrawal form provided for in article 6 hereof, and indicating an order number.
In accordance with article L. 121-11 of the French Consumer Code, AT4 France reserves the right to refuse an order for a legitimate reason, of which it will inform the Customer by e-mail. Such a reason may include the lack of all or part of the information required to process and deliver the Products ordered, the definitive unavailability of the Products ordered, the refusal to authorize payment by credit card by officially accredited organizations, non-payment, an abnormal order or an order placed in bad faith.
Article 3 – Prices
The prices of the Products offered on the Site are invoiced in euros, all taxes included (VAT applicable on the day of the order), excluding handling and shipping costs (postage, packaging, preparation of the parcel), determined according to the weight, volume and nature of the Products and their place of delivery, indicated before the final validation of the order. If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products.
In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated exclusive of tax. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of AT4 France. They will be at the expense of the Customer and are his entire responsibility, both in terms of declarations and payments to the authorities and competent bodies of his country. The Customer will inquire about these aspects with his local authorities.
AT4 France reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the price list in effect at the time the order is placed, subject to availability on that date.
The Customer shall bear the telecommunication costs of accessing the Internet and using the Site as well as of calls to the numbers indicated in these general terms of sale.
Article 4 – Delivery
4.1 Place of Delivery
The products are delivered in metropolitan France and in some European countries. The destination is to be indicated in the basket when ordering. Shipping costs are updated automatically.
For countries not set up on the website, the Customer can obtain a quote by contacting Customer Service
HERE
.
4.2 Shipping methods
The ordered Products will be delivered:
– or at the Customer’s home;
– or to another address of his choice and mentioned during his order.
Delivery is made at the foot of the building (not on the floors) and sometimes on pallets (depending on the order).
Packages can be heavy and bulky, the customer must make sure to be assisted in receiving the goods.
Delivery is by appointment only. The carrier will contact the customer on the cell phone number indicated at the time of the order (The customer agrees to The customer must fill in this information correctly in the order form and promptly notify the Customer Service in case of error or modification).
Any missing or damaged package must be reported to the deliveryman upon delivery: sign off and reserves to be indicated on the carrier’s document, otherwise no claim can be taken into account later by our After-Sales Service.
(In case of damage in transport, the mention of the state of the goods determines the possible assumption of responsibility of the litigation: the mention “damaged parcel, out of order” must be carried to reception)
For any question concerning your delivery or shipment, contact our Customer Service via the contact form available in the “contact” section of the Site.
Under no circumstances shall AT4 France be liable for any deterioration of the Products in the event of late collection of said Products from the carrier, or failure to collect the Products by the Customer. A delay in delivery, or a non-delivery due to lack of precision or error in the information provided by the Customer shall not give rise to any reimbursement. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
4.3 Deadlines
For items indicated as “available” on the www.at4.com website, AT4 France undertakes to prepare orders within a maximum of 2 working days.
The delivery time by the transport company is variable according to the items, their volume, number and weight.
In metropolitan France, this period varies between 2 and 7 working days.
For other geographical territories, additional time will be required. The Customer can ask for an estimate of this delay by contacting the Customer Service
HERE.
Article 5 – Transfer of ownership / Transfer of risk
Notwithstanding article 1196 paragraph 1 of the French Civil Code, AT4 France expressly reserves ownership of the Products delivered until full payment has been received. In the event of default by the Customer, AT4 France reserves the right to repossess the Products.
The transfer of risks, in particular of loss, destruction, deterioration or theft of the Products to the Customer will take place upon confirmation of the order by AT4 France, materializing the agreement of the Parties on the item and on the price.
The shipment and transport are therefore at the risk of the Customer.
Article 6 – Right of withdrawal and cancellation
In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer, a consumer, has a withdrawal period of 14 days from receipt of the Product by the Customer or a third party, other than the carrier, designated by him, allowing him to cancel all or part of his order and return the Product at his expense.
As an exception, the right of withdrawal cannot be exercised for the contracts listed in article L.121-21-8 of the French Consumer Code, including in particular those concerning Products manufactured according to the Customer’s specifications, clearly personalized or which, due to their nature, are likely to deteriorate rapidly.
Customers wishing to exercise their right of withdrawal must notify AT4 France of their decision using the form provided for this purpose within the aforementioned period, accessible
here
and attached to the confirmation email referred to in article 2.5, or by means of an unambiguous statement.
The products must be returned by the Customer within a maximum of 14 days following the communication of his decision to withdraw.
The Products must be returned in their original packaging, properly protected. They must be in perfect condition for resale. Any product returned incomplete, damaged, washed, damaged, soiled – even partially – will not be refunded or exchanged.
Except in the case of a lack of conformity or hidden defects of the Product, the return costs are at the expense of the Customer.
The Customer will be reimbursed as soon as possible and at the latest within 14 days following the date on which AT4 France was informed of the Customer’s decision to withdraw.
However, AT4 France may defer reimbursement until the Products have been recovered or until the Customer has provided proof of shipment.
Information about exercising the right of withdrawal
Right of withdrawal:
The Customer has 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.
To exercise the right of withdrawal, the Customer must notify AT4 France (80 route de Binans, 39570 PUBLY, serviceclient@at4.com) of his decision to withdraw from this contract by means of an unambiguous statement (e.g. letter by post, or e-mail). You can use the sample withdrawal form but it is not mandatory.
In order for the withdrawal period to be observed, it is sufficient for you to send your notice of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal:
In the event of withdrawal in accordance with the above conditions, AT4 France will reimburse all payments received from the Customer. This refund will be made upon receipt of proof of the return of the items from the Customer and within a maximum of 14 days from the receipt of this proof.
We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, there will be no charge to you for this refund.
Order cancellation information
Possibility of cancellation:
Cancellation of the order is possible, free of charge, as long as the order has not been shipped. In this case, the order is cancelled and refunded in full by our services.
If the cancellation request occurs while the item is already in transit or delivered, the customer will be responsible for return shipping costs.
Article 7 – Conformity of the Products
The Customer must verify the conformity of the goods delivered or collected before signing any delivery document. The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any apparent defect concerning the delivery.
These reservations must be confirmed by registered mail to AT4 France headquarters within 4 days of delivery.
If no reservation is confirmed within this period, no claim for apparent defects will be accepted by AT4 France and the Product delivered will be deemed to be in conformity.
If the delivery does not comply quantitatively with the order, AT4 France will only reimburse the difference in price between the Products ordered and those delivered.
In the case of a damaged Product or one that does not correspond to the Customer’s order, AT4 France undertakes to exchange or refund the Product, to the exclusion of any other compensation and interest.
AT4 France will send a letter confirming its acceptance of the return of the Product(s), as well as, if applicable, a return number which must be included on the parcel when returning the non-conforming or defective Product(s).
In the event of non-conformity, any returns must be made to AT4 France, in their original condition and complete, within 8 (eight) calendar days of receipt of the order.
Products returned incomplete, damaged, soiled, removed from their packaging by the Customer, or which have not been the subject of express reservations upon delivery under the conditions of this article, will not be accepted.
In the event of proven non-conformity validated by AT4 France, the return costs will be borne by AT4 France, which will organize the collection of the parcel(s).
Seller will not accept packages shipped collect. Any risk related to the return of the Products shall be borne by the Customer.
Refunds will be made by bank transfer.
Article 8 – Legal guarantees
Products supplied by AT4 France are automatically covered by the law,
– the legal guarantee of conformity under the conditions of Article L. 217-4 and following of the Consumer Code;
– the legal guarantee against hidden defects under the conditions of articles 1641 and following of the Civil Code.
– has a period of two years from the delivery of the property to act against the seller;
– may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
– is exempted from providing proof of the existence of the defect of conformity of the Product during 24 months following the delivery of the Product.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
Article 9 – Contractual guarantee
AT4 France warrants its products against defects in materials and workmanship for a period of two years from the date of delivery.
Under this warranty, any supply of non-conforming goods will only involve the reimbursement or replacement of the defective parts or materials to the exclusion of any other compensation. Any shipping costs will be charged to the Customer.
The warranty does not apply to apparent defects as referred to in Article 7 hereof. Also excluded are any defects or deterioration caused by natural wear and tear of the product, misuse of the product by the Customer or modification of the product not foreseen or specified by AT4 France.
Any replacement during the warranty period shall not extend the warranty period of the products.
Article 10 – Liability
AT4 France may only be held liable for compensation for real, direct, personal and certain damage suffered by the Customer as a result of the Products, provided that the Customer can prove that a failure or fault on the part of AT4 France is the cause of this damage.
AT4 France shall in no event be liable to the Customer or any third party for any indirect damage.
The Products offered are in conformity with the French and European legislation in force. AT4 France shall not be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. The Customer must check with the local authorities the possibilities of importing or using the Products or services he/she intends to order.
The Customer is deemed to have full knowledge of the Products he/she is purchasing and acknowledges by placing an order for a Product that he/she has been able to obtain the information relating to the Product ordered, in particular by means of the description and information appearing on the Site alone.
AT4 France will always be able to prevent a liability claim by bringing a defective or non-conforming Product into conformity or by replacing it, it being understood that AT4 France will not accept any return of a Product without prior authorization.
AT4 France shall in no event be held liable in the event of improper use of the Products by the Customer or failure by the Customer to comply with the instructions for use.
AT4 France is only responsible for the content of the pages it publishes. The Site may contain links to other sites. AT4 France cannot be held responsible for the practices or content of these websites.
For all stages of access to the site, consultation, filling in forms and placing orders, AT4 France has only an obligation of means.
Consequently, AT4 France cannot be held liable for any inconvenience or damage inherent in the use of the Internet network. In particular, AT4 France cannot be held liable for any disruption in the supply of the service, or for any external intrusion or presence of a computer virus.
Article 11 – Force majeure exemption clause
In the event of non-performance of obligations under these terms and conditions resulting from force majeure or an act of God, the parties shall not be liable. Are expressly considered as cases of force majeure those usually retained by the Civil Code and the jurisprudence of the Court of Cassation.
Initially, the case of force majeure shall suspend the performance of this Contract, provided however that the party invoking such circumstances informs the other party of their occurrence in writing as soon as it becomes aware of them, that it does its best to limit the consequences and finally that it resumes the performance of its obligations immediately after these circumstances have disappeared If the force majeure event persists beyond a period of THREE (3) months, Customer’s Order shall, unless otherwise agreed by the parties, be terminated by operation of law without the need for a court order and without prior notice or demand.
Article 12 – Suspension – Termination
The Customer may terminate, at any time, his registration on the Website and close his account. To this end, the Customer shall send his termination request to AT4 France.
In the event of a breach by the Customer of any of its contractual obligations, in particular in the event of a payment incident, AT4 France reserves the right to suspend the Customer’s access to the Site, or even to terminate the Customer’s account, depending on the seriousness of the breach. AT4 France reserves the right to refuse any order from a Customer with whom there is any dispute.
Article 13 – Applicable Law and Dispute Resolution
The language of this contract is French. This agreement is governed by French law.
Consumer customers are informed of their right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with AT4 France.
All consumer disputes must be referred in advance in writing to the AT4 France Consumer Service (80 rue de Binans – 39570 PUBLY).
After prior written application by consumers to AT4 France, the Mediation Service may be contacted for any consumer dispute which has not been settled.
To find out how to contact the Ombudsman: http: //www.mediateurfevad.fr/index.php/espace-consommateur/
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https: //webgate.ec.europa.eu/odr/
For any dispute arising from the interpretation or application of these general terms and conditions of sale or from the execution of an order, the competent court will be, in application of article 42 of the Code of Civil Procedure, the one where the defendant lives, or in application of article 46 of the Code of Civil Procedure, the place of actual delivery of the goods.
Article 14 – Intellectual Property
All elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utilities, databases, software and other underlying technology are protected by the provisions of the French Intellectual Property Code and belong to AT4 France.
The trademarks AT4, JURABABY, WEBABY as well as all illustrations, images appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of AT4 France.
Any total or partial reproduction, modification or use of these trademarks, illustrations and images, for any reason and on any medium whatsoever, without the express prior consent of AT4 France, is strictly prohibited.
Article 15 – Personal information
In accordance with the provisions of Law no. 78-17 of January 6, 1978 relating to information technology, files and civil liberties, and the decision of the CNIL (Commission Nationale Informatique et Liberté) of July 10, 2006, AT4 France has declared its customer/prospects file to the CNIL.
Customers are informed that data concerning them may be included in nominative files, to be used by AT4 France in compliance with the legal provisions in force as part of the implementation of services offered to customers on the Site, for the compilation of statistics for internal use and to strengthen and personalize communication with customers.
Customers have been clearly informed that they may object, for legitimate reasons, to information concerning them being processed in this way and that they may, at any time, request the communication or rectification of any information concerning them and appearing in the files by logging on to their Customer Account, or by sending a letter or e-mail to AT4 France.
The www.at4.com website is managed by SAS AT4 France, with capital of €600,000, headquartered at 80 rue de Binans – 39570 PUBLY, code APE 4649 Z, registered with the RCS of Lons-Le-Saunier under number 839 694 692, VAT number FR05 839 694 692.
Contact: AT4 France Customer Service – 80 rue de Binans, 39570 PUBLY or by e-mail using the online form
HERE
.