Find all our general terms and conditions of sale on this page.
GENERAL TERMS AND CONDITIONS OF SALE
Effective as of 01/01/2024
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to purchase the products offered for sale ("Products") by the Seller on the website www.atmakitchenware.fr. The Products offered for sale on the website are as follows:
Kitchen Utensils
The main characteristics of the Products, including specifications, illustrations, and dimensions or capacity information, are presented on the website www.atmakitchenware.fr, which the customer is required to read before ordering.
The selection and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These Terms and Conditions are accessible at any time on the website www.atmakitchenware.fr and will prevail over any other document.
The Customer declares that they have read and accepted these Terms and Conditions by checking the box provided for this purpose before using the website's online ordering process. www.atmakitchenware.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact information is as follows:
V&G Kitchen, SAS
Share capital of 5,000 euros
Registered with the Nanterre Trade and Companies Register under number 911540524
66 rue du Président Wilson
Email: hello@atmakitchenware.fr
Intra-Community VAT number FR09911540524
The Products presented on the website www.atmakitchenware.fr are offered for sale in the following territories:
Europe, USA, UK.
For orders to a country Other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be payable. They will be the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are provided at the current prices listed on the website www.atmakitchenware.fr, when the order is placed by the Seller.
Prices are expressed in Euros, excluding and including VAT.
Prices take into account any discounts that may be granted by the Seller on the website www.atmakitchenware.fr.
These prices are fixed and cannot be revised during their validity period, but the Seller reserves the right to modify the prices at any time outside of their validity period.
Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order. order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 – Orders and Pre-Orders
It is the Customer's responsibility to select the Products they wish to order on the website www.atmakitchenware.fr, according to the following terms:
- The Customer chooses a product and adds it to their shopping cart. This Product can be deleted or modified before confirming their order and accepting these general terms and conditions of sale. They will then enter their contact information or log in to their account and choose their delivery method. They will then proceed to pay for their shopping cart at the end. .
Product offers are valid as long as they are visible on the website, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and immediately report any errors.
Any order or pre-order placed on the website www.atmakitchenware.fr constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
Upon registration of the Order or Pre-order, a confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the Customer by V&G Kitchen. To this end, the Customer formally accepts the use of email for V&G Kitchen's confirmation of the contents of their (pre)order. The invoice can be downloaded from this confirmation email.
The Customer will be able to track the progress of their order or pre-order on the website and by email.
In the event of a Pre-order, any amounts paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.
If the Product is in stock, the Order will be fulfilled no later than 7 days from the day following the day the Customer placed their Order. In the event of unavailability of the ordered Product, particularly due to suppliers, the Customer will be informed as soon as possible and will have the option to cancel their Order.
ARTICLE 4 - Payment Terms
The price is paid by secure payment, according to the following terms:
Payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions carried out on the website www.atmakitchenware.fr.
Payments made by the Customer will only be considered final after the Seller has actually received the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay them. not the full price under the conditions indicated above.
ARTICLE 5 - Deliveries
Delivery times are indicated when the Order is placed. These are indicative times, expressed in business days and corresponding to average processing and delivery times.
The Customer acknowledges that, in the event of a Pre-order, the delivery time will be extended. The estimated delivery time appears on the product sheet at the time of purchase and in the order confirmation email. The delivery time depends on the time required and the production volume of all pre-ordered products.
Deliveries of products sold from stock take place within 2 to 10 days to the address indicated by the Customer when ordering on the website, depending on the delivery country.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the timeframes specified above.
If the Products ordered have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be terminated at the Customer's written request under the conditions set out in Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The amounts paid by the Customer will then be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction. If the order is returned to the sender, the Seller will offer either a refund or a reshipment of the order.
In the event of a refund, the initial delivery costs will not be refunded.
In the event of reshipment, the shipping costs will be borne by the Customer.
Deliveries are handled by an independent carrier to the address provided by the Customer when ordering, which the carrier can easily access.
In the event of a specific request from the Customer regarding the packaging or shipping conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. The Customer has 60 days from delivery to submit any complaints by email, accompanied by all relevant supporting documentation (including photos). After this period, and if these formalities are not complied with, the Products will be deemed compliant and free from any apparent defects, and no complaints will be validly accepted by the Seller.
The Seller will promptly refund or replace, at its own expense, any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these General Terms and Conditions.
The transfer of the related risks of loss and damage will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk, unless the Customer has chosen the carrier themselves. As such, the risks are transferred upon delivery of the goods to the carrier.
V&G Kitchen cannot be held liable for the consequences of a delivery delay not caused by it or due to an act of God.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the terms of Article L221-18 of the French Consumer Code, "
For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first item. »
The right of withdrawal may be exercised online, using the withdrawal form provided by V&G Kitchen after-sales service upon the customer's unambiguous request, expressing their wish to withdraw, and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted.
Return shipping costs are the responsibility of the Customer.
Exchange (subject to availability) or a refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out herein. Article.
ARTICLE 8 - Seller's Liability - Warranties
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged, or non-compliant Products,
the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was his responsibility under the contract or was carried out under his responsibility." »
Article L217-5 of the French Consumer Code
"The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter. »
Article L217-12 of the French Consumer Code
"The action resulting from a lack of conformity is time-barred after two years from delivery of the goods."
Article 1641 of the French Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them."
Article 1648, paragraph 1 of the French Civil Code
"The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. »
Article L217-16 of the French Consumer Code.
"When the buyer requests the seller, during the term of the commercial warranty granted to him upon the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the time the good in question is made available for repair, if this is made available after the request for intervention. »
In order to assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will refund, replace, or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documentation.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days following the Seller's discovery of the non-conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
The photographs and graphics presented on the website are not contractually binding and shall not incur the Seller's liability.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 - Personal Data
The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller, as well as than their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the website www.atmakitchenware.fr is as follows:
Product Orders:
When the Customer orders Products:
Last name, first name, email address, telephone number.
Payment
As part of the payment for Products offered on the website www.atmakitchenware.fr, the website records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of Personal Data
Personal data is used by the Seller and its co-contractors to the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
Transport service providers
Payment institution service providers
9.3 Data Controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expressly consents, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data collected in this way. for a period of 5 years, covering the limitation period for applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Implementation of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the website www.atmakitchenware.fr have the following rights:
They may update or delete data concerning them in the following ways:
_______________.
They may delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
They may exercise their right of access to know their personal data by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Seller is inaccurate, they may request the Updating information by writing to the address indicated in Article 9.3 "Data Controller"
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"
They may also request the portability of data held by the Seller to another service provider
Finally, they may object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller, whose contact details are indicated above.
The Data Controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer's request, the Customer must be justified.
The Customer is informed that in the event of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box indicating their agreement to receive informative and advertising emails from the Seller. He or she may always withdraw his or her consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the website www.atmakitchenware.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable Law - Language
These General Terms and Conditions and the transactions resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that they may, in any event, resort to conventional mediation, through existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
_______________
_______________
_______________
Email: _______________.
The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions, which have not been settled amicably between the seller or through mediation, will be submitted to the competent courts under the conditions of common law.