General terms and conditions of sale (GTCS) and use (GTU)

Please read these conditions before accessing or using our website.

Atelier No16, “the Seller”, reserves the right to change the terms and conditions of this contract at any time.

Terms and conditions of sale

These terms and conditions govern the use of this site (www.atelierno16.com)

Between:

“The Seller”, Atelier No16 Inc, Quebec, Canada, represented by Marie-Noëlle Courcy, as owner duly authorized for the purposes hereof. The company can be reached by e-mail by clicking on the contact form accessible via the home page of the site.

And :

The individual or legal entity purchasing products or services from the company, hereinafter referred to as “the buyer” or “the customer”. On the other hand, the following has been stated and agreed:

PREAMBLE

The list and description of products and services offered by the company can be consulted on the following website: www.atelierno16.com

Article 1: Object

These General Terms and Conditions of Sale (GTCS) determine the rights and obligations of the parties in connection with the online sale of products or services offered by the seller.

Article 2: General terms and conditions

These General Terms and Conditions of Sale (GTCS) govern online sales of products or services made through the seller’s website and form an integral part of the contract between the buyer and the seller.

The seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the company’s website at the following address:
www.atelierno16.com/conditions/

The seller also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The customer declares that he/she has read the present General Terms and Conditions of Sale and accepts them without restriction or reservation. The customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The customer declares that he/she is legally capable of entering into a contract under Canadian law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the seller constitutes proof of all transactions.

Article 3: Age restrictions

The minimum age for using this site is 18. The customer agrees that by using our site, he/she is over 18 years of age. The seller assumes no legal liability for misrepresentation of age.

Article 4: Prices

The price of products sold through the website is indicated in Canadian dollars before taxes and is precisely determined on the product description pages. It is also indicated in Canadian dollars, all taxes included, on the product order page, and before specific shipping costs. For all products shipped outside Canada, the price is automatically calculated before tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the seller. They are the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). In this respect, the seller invites the buyer to obtain information on these aspects from the relevant local authorities. The seller reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the company’s website shall be borne by the customer. Delivery charges, if any, are also payable by the customer.

The seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

Article 5: Products and services

The essential characteristics of the goods and services and their respective prices are made available to the purchaser on the company’s website. The seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. The customer confirms that he has received a detailed breakdown of delivery costs, as well as the terms of payment, delivery and performance of the contract. The seller undertakes to honour the customer’s order within the limits of available product stocks only. The contractual information is presented in detail and in the French language, and is summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the products offered and their prices are specified on the company’s website, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated).

In accordance with the legal provisions concerning conformity and hidden defects, the seller will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested in the following ways: by e-mail to info@atelierno16.com

Sold by third parties

The seller’s site may offer goods and services from third-party companies. The seller cannot guarantee the quality or accuracy of goods and services made available by third parties on its site.

Article 6: Retention of title

Products remain the property of the company until full payment has been received.

Article 7: Delivery terms

Products are delivered to the delivery address indicated when the order was placed and within the times indicated. These times do not include the time required to prepare the order. When delivery requires an appointment with the customer, the seller must be contacted by e-mail at info@atelierno16.com

Article 8: Availability and presentation

In the event of unavailability of an item, you will be informed of the foreseeable delivery times and the order for this item may be cancelled on simple request. The customer may then request a replacement for the amount of the article or a refund.

Article 9: Payment

Payment is due immediately upon ordering, including for pre-ordered products. Payment can be made by Paypal or by credit card. Cards issued by banks domiciled outside Canada must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted and cannot be read during transport over the network. Once the customer has initiated payment, the transaction is immediately debited after the information has been verified. By providing his/her bank details at the time of sale, the customer authorizes the seller to debit his/her card for the amount relating to the price indicated. The customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of error or impossibility of debiting the card, the sale is immediately cancelled and the order cancelled.

If the seller considers that the customer’s payment has violated a law or one of its conditions of use, it reserves the right to cancel the transaction.

Article 10: Warranties

In accordance with the law, the seller assumes the following warranties: of conformity and relative to hidden product defects. The seller will reimburse the purchaser or exchange products that appear to be defective or do not correspond to the order placed. Requests for refunds should be made as follows: by e-mail to info@atelierno16.com

The seller reminds that the consumer :

– has a period of 15 days from delivery of the goods to take action with the seller

– may choose to replace the goods, subject to the conditions set out in the above-mentioned provisions, which are apparently defective or do not correspond to the purchase

– that he/she is exempt from having to prove the existence of the lack of conformity of the good during the six (6) months following the delivery of the good.

Article 11: Refund policy

If the customer is not satisfied with the product or service purchased on the site, he may contact the seller by e-mail at: info@atelierno16.com to discuss the matter.

Article 12 : Droits de propriété intellectuelle

All content published and made available on the site www.atelierno16.com. This includes, but is not limited to, trademarks, domain names, products, software, images, videos, logos, documents, downloadable files, texts or, more generally, any information subject to intellectual property rights, are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.

Article 13: Terms and conditions of download

The digital files purchased are works of authorship and are protected by the Copyright Act. In accordance with this law, the purchase of digital files is reserved for personal and private use. Any reproduction other than that authorized for downloading, adaptation, collective use, resale or rental is absolutely forbidden and may be subject to legal action.

No exchange, credit or refund will be accepted after confirmation of a transaction for the sale of a digital product. The seller cannot be held responsible for any compatibility problems between a digital product and an electronic device, except in the event that the product description displayed is inaccurate.

Article 14: Force majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 15: Invalidity and amendment of the contract

Should any of the stipulations of the present contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.

Article 16: Protection of personal data

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and the French Data Protection Act (Loi Informatique et Libertés) of January 6, 1978 as amended, as well as the Quebec law P-39.1 – Law on the protection of personal information in the private sector, you have the rights to query, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of this data for the purposes of this contract. By entering your e-mail address on one of the sites in our network, you will receive e-mails containing information and promotional offers concerning products published by the seller and its partners. You can unsubscribe at any time. Simply click on the link at the end of our e-mails or contact us at info@atelierno16.com.

For this, we use tools such as GDPR cookie manager and Woocommerce sets.

Article 17: Applicable law

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by the laws applicable in the province of Quebec and in Canada. The nullity of a contractual clause does not entail the nullity of the present terms and conditions of sale.

Our general terms and conditions of sale have been drawn up and adapted from a free template which can be downloaded from the following website https://www.donneespersonnelles.fr/ .

 

General terms and conditions of use (GTCU)

These general terms and conditions of use (GTCU) govern the use of the www.atelierno16.com website.

This site is owned and operated by Atelier No16 Inc.

By consulting and using this site, you indicate that you have read and understood the terms of use and that you agree to respect them at all times.

Type of site: information and e-commerce site.

Acceptable use

As a user, you agree to use our site lawfully and not to use this site for any unlawful purpose, namely :

If the owners believe that you are using this site illegally or in a manner that violates the acceptable use terms, they reserve the right to limit, suspend or terminate your access to this site. The owners also reserve the right to take any legal action necessary to prevent you from accessing the site.

Create an account

When you create an account on the site, you accept the following:

  1. That you are solely responsible for your account and its security and confidentiality, including any passwords or sensitive information attached to your account, and :
  2. That all personal information you provide to us through your account is current, accurate and true, and that you will update your personal information if it changes.

The owners reserve the right to suspend or terminate your account if you use the site illegally or violate any acceptable terms of use.

Limitation of liability

The owners use reasonable efforts to ensure that the website is current, but do not warrant or represent that the information contained on the website is error-free, reliable or current at all times. The owners do not warrant or represent that your use of the service will be uninterrupted, timely, secure or error-free. The owners do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time the owners may discontinue the service for indefinite periods or cancel the service at any time without notice.

You expressly agree that your use or inability to use the service is at your sole risk.

The owners will not incur any liability of any kind (e.g., direct or indirect damages) for any harm resulting from the use of the website.

Hyperlinks

Some of the site’s links point to third-party sites. The owners are not liable for any illegal content on the third-party site to which the hyperlink refers.

Dispute settlement procedures

In the event of a dispute, the parties will attempt to resolve the conflict amicably.

Contact

You can contact us by e-mail info@atelierno16.com for more information.