User agrees with the fact that these terms and conditions had been translated from the French language. In any case of differences between the translation and the French version, only this last one is authentic.
The terms and conditions are concluded between Atlantis France (“the seller”) and any natural person or corporate body who wants to buy via the website “Atlantis-France.fr” (“the buyer”). “Products” refers to the complete catalogue of products and services of the Atlantis France website.
73 -75 boulevard du Courcerin
Phone : + 33 (0)1 60 93 15 60
Fax : + 33 (0)1 60 93 15 61
mail : firstname.lastname@example.org
SIREN n° : 338 226 400 00046
Intracom. n° : FR42338226400
1. Application of the Terms and Conditions (« T&C »)
The terms and conditions for sales provide rights and duties of the buyers and sellers. It applies to any purchase made through the Atlantis France commercial website, even if the buyer acts as a professional or for personal purposes.
When placing any order with the seller, the buyer accepts these T&C without qualification and in their entirety to the exclusion of any other document, including brochures or catalogues issued by the seller as indicative only. No special condition shall, unless expressly accepted in writing by the seller prevail over the T&C. Any clause to the contrary proposed by the buyer shall not therefore, unless expressly agreed, be binding on the seller, irrespective of when the seller knew of that clause.
The seller has an entire right to modify the T&C at any moment. In this case, the enforceable T&C are those in force during the order.
The fact the seller doesn’t use at any moment of one of the T&C can’t be interpreted as a later abdication of any of them.
2. Product and Service Characteristics :
Products and services for sale are those in the website catalogue. These products and services are sold within the limits of the open stock.
Every product and service is sold with a description made by the supplier.
Every characteristic and photograph included with the product description is only inserted for information and is not contractual. The seller is not liable for any mistake, in case of a typographical error or else.
The seller has an entire right to develop products in his catalogue without any prior information of the Buyer and the buyer is not entitled to claim compensation for such a modification.
The buyer who want to purchase a product or a service has to :
- fill the identification form where he has to indicate all the asked information.
- fill online the ordering form by giving the reference of the chosen services or products.
- confirm its order after checking it.
- pay according the terms and conditions of payment.
The information concerning the open stock is only for information and the buyer is not entitled to any compensation for an error concerning the stock information on the website.
All the data recorded and the order confirmation will be considered as proof of the transaction. The confirmation will be considered as signature and acceptance of the transaction.
The seller will communicate via email the order confirmation. The seller will be definitely bound after the confirmation, concerning the quantity and the delivery time. After receiving the order, the seller will use all his efforts to respect the contractual times.
Generally, every modification of the order asked by the buyer cannot be considered without any previous and written agreement from the seller (and, if necessary, it will involve some tariff consequences).
In case of any modification concerning the nature, characteristics and prices of products included in a current order or in case of a momentary stock shortage, the seller will use reasonable efforts to inform the buyer and, if necessary, to suggest an alternative solution.
The seller reserves the right not to accept any order from a buyer involve in a dispute, to suspend any order or delivery, whatever the level of the implementation of the order or the nature of the concerned products, in case of a non payment of any amount from the buyer.
If the buyer cancelled his order, as it is in the ordering form, within the limits of seven (7) days, the cancellation fees will be 10% of the total amount, all taxes included.
The prices are expressed in euros and included all the taxes in force in France the day of your purchase; except order treatment, packaging and delivery that are indicated when you order.
The seller is entitled to modify its price at any moment, provided that the price indicated in the catalogue is the only price applicable the day of the order.
5. Customs duties
Every order made via Atlantis-France.com and delivered outside France may be submitted to possible taxes and customs duties imposed when the parcel reaches its destination. The buyer assumes possible taxes and customs duties related to the delivery of a product. The buyer does not have to inform the buyer of the existence of any customs duties or taxes. The buyer has to ask the relevant authorities.
6. Payment terms.
The price is payable and due at the time of the order.
Payment are made via a secured payment system, Paypal, a SSL protocol “Secure Socket Layer”, thus all data recorded are encrypted and no third party is able to read this data during the transaction.
The buyer’s account will only be debited at the time of the shipment of the available products and services and the account will only be debited of the amount of the product and services sent.
Any overdue payment will legally imply the immediate payability of every amount due and legally implies, without any previous formal notice, late penalties at a rate of 1,5 time of the legal rate late penalty, according to the art. L144-6 of the French Business Code.
Furthermore, every discount made by the seller will be void.
At last, the seller reserves the right to suspend every delivery to the buyer, without prejudice to other legal action.
The seller will have to repay all the legal fees caused by the debt collection, including those of the officer of the court.
Buyers, natural and non-professional people, have a revocation time of seven (7) days from the delivery of their order to return every product or service to the seller, with no penalty, excepting the return costs.
Products are delivered are the address given on the order form.
Delivery times are given only as information. The maximum delivery time is one (1) month.
Delivery made outside France implies costs that will be the subject of a case-by-case study.
The risk shall pass to the buyer as soon as we have delivered the goods to the carrier chosen by us.
When the buyer receives the goods, he has to sign a delivery form proving the good delivery of the products, complied with the order and without any obvious defect. The buyer has to check the conformity of the order. In no case, the buyer shall sign the delivery form if he has some reserves. Complaints have to be made in less than three (3) days or will not be considered.
The buyer will have to give all the justification concerning the reality of observed defects. He will have to afford every possibility to the seller to carry out examination of the defects and give a solution. The buyer or a third party does not have to try to repair defect.
The seller’s liability is excluded in case of force majeure such as flood, fire, lightning, earthquakes, strikes or impossibility for the seller to be supplied.
In case of permanent non-availability, the order will be automatically cancelled, without the purchaser being able to claim indemnity of any kind. The Buyer will be notified and reimbursed as soon as possible and without exceeding thirty (30) days.
Every products provided by the seller enjoy the legal warrantee under the art. 1641 and followings of the French Civil Code.
In case of non-conformity of the sold product, it may be returned, in mint condition, in its original packaging with documents and accessories, sealed non-opened folders, unpacked and unused consumables. Return costs has to be assumed by the buyer to the seller which may retrieve, exchange or repay the product. Every complaint, exchange or repayment request has to be done within the limits of thirty (30) days after the delivery, by mail at the following address:
73- 75 boulevard du Courcerin
No claims may not make in case of improper use of the product. These warranties are subject to the respect of delays and payment terms.
10. Passing of risk
Delivered products are the property of the seller until the entire payment of the price by the buyer. During the retention of title, products have to be insured by the buyer against any damages.
Seller can use his property title five (5) days after a formal notice sent to the buyer and remained partially or totally without any effects during this delay, in case of non-payment of the due sums.
Return of the products to seller will have to be done immediately, at buyer’s expenses and risks and has to be done as from the sixth day following the receipt of the formal notice.
The buyer expressly agrees that the property title is separated from the transfer of the risks. Risks of the products are transferred since the products leave the seller’s stock.
The seller’s liability can not be engaged if the product doesn’t respect the legislation of the country where the product is delivered, excepting France.
Seller, in the process of online selling, has only an obligation of means; his liability is excluded for any damage caused by the use of his website such as loss of data, trespass, virus, breach of service, or other unintentional problems.
Every element of the website is the intellectual and exclusive property of the seller.
The seller gives to users of his website a limited licence to the access and personal use of this website. In no case, a user is not authorized to download or modify partially or totally the website of the seller without a previous and written agreement. This licence does not allow to use, for the selling or every other commercial use, the seller’s website or its content (products, description, and prices, visual, video or sound illustrations).
Nobody is authorized to reproduce, exploit, repeat or use, on any grounds, even partially, elements of the website, whatever it is software, visual or sound, with a previous and written agreement.
Seller authorizes a third party to create a hypertext link pointing at the homepage of the website if the link doesn’t create a damage to the seller. The seller’s liability can not be engaged for the third party website content.
According to the French Law concerning Computer, Files and Privacy of the 6th January 1978, information containing names may be subject to an automated process. Automated process, included administration of email addresses of the website users, has been declared to the French Privacy Commission the… with the number ….
14. Archiving and proof
The seller will archive order forms and bills on a reliable and durable support which will settle an exact copy according to the article 1348 of the French Civil Code. Numeric records of the seller will not be considered by the parties as proof of communication, orders, payments and transactions between parties.
15. Applicable law and Judicial Forum
In case of litigation concerning the fulfilment of the sales contract or the payment, or the interpretation and application of the Terms and Conditions, the French Law is the only Law applicable. The judicial forum for both parties, including for bill of exchange matters, is our principal place of business (registered office).