Welcome to the terms and conditions (“Terms”) of Ateljé. Please read through them carefully before placing your order.. Before placing an order, if you have any queries relating to these terms and conditions, please contact shopatelje.com at firstname.lastname@example.org.
We may change these terms from time to time without noticing you. Changes will apply to any subsequent orders received. Each time you use our website, place an order for or by using our Products, you automatically agree to and are legally bound by these Terms. If you do not agree to be bound by these Terms, please discontinue the use of the Website
Article 1, Definitions
The following definitions apply to these Terms. Ateljé: the natural or legal person who is offering products and/or services to consumers over distance mentioned under Article 2 of these Terms; Consumer and/or customer: the natural person who is not acting within the capacity of a profession or a business and enters into a distance contract with the trader; Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded; Technique for distance communication: a means that can be used for concluding a contract, without the consumer and the trader being in the same place at the same time; Website: or any other website we operate with; Withdrawal period: the period within which the consumer can make use of his/her right of withdrawal; Withdrawal right: the possibility for a consumer to waive the distance contract within the withdrawal period; Day: calendar day; Extended duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or acquisition of which is spread over a period of time; Durable medium: every means that enables the consumer or trader to store information that is addressed to him/her in person, in a way that permits future consultation and unaltered reproduction of the stored information.
Article 2, Identity of the trader:
The company details are:
Article 3, Usage of website
1. Ateljé hereby grants to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the Terms. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the website in any manner not expressly permitted herein.
2. Purchasing a Product via the website is only allowed to people with at least 18 years. If you are not of such age, please consult with your parent or guardian.
Article 4, Applicability
These Terms apply to every offer from Ateljéand to every distance contract that is concluded between Ateljé and you and any other agreements concluded between Ateljé and you, whether online through the website or any other website we operate with, in stores or via other (online) sales channels.
Article 5, The offer
If an offer is subject to a limited period of validity, or is concluded subject to the Terms, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious mistakes or errors in the offer. Every offer will contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This will include, in particular: the price, including taxes; any costs of delivery; the way in which the contract will be concluded and which actions this will require; whether or not the right of withdrawal applies; the method of payment, delivery or implementation of the contract; the period for accepting the offer, or the period for adhering to the price; the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff; if the contract is filed subsequent to its conclusion, the way in which it can be accessed by the customer; how the consumer can obtain information about actions he does not want taken before concluding the contract, as well as how to rectify these before the contract is concluded; any other languages, apart from Dutch, in which the agreement can be concluded; the behavioural codes to which the trader is subject and how the consumer can consult these behavioural codes electronically; and the minimum duration of the distance contract, in the event of a contract that involves the continued or periodical supply of products or services.
Article 6, The order
1. Orders placed on the website are subject to strict compliance with the procedures described below.
2. Selection of Products: You may, at any time, add Products to your selection by clicking on “ADD TO BAG” and freely modify your online “Cart” containing the selected Products, remove an initially selected Product, modify the quantities ordered or add a Product by clicking on the corresponding items made available within the “Cart.”
3. Identification: After selecting the Product(s), go to “Check Out” to begin the ordering process.
4. It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential.
5. All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products.
7. If the Products are no longer available, even after the order has been confirmed, we will let you know as soon as possible. You may then order another Product from our website or, if you wish, cancel the order. Any payment made will be refunded.
8. Ateljé reserves the right to not accept an order from a customer with whom it is in dispute over a previous order, or if we reasonably believe that you have breached these Terms.
9. Once we have confirmed your card authorization for your order and confirmed your order by email, an agreement between us is concluded.
Article 7, The contract:
1. The contract is concluded, subject to that which is stipulated in Article 5, The trader may obtain information – in accordance with statutory frameworks – about the consumer’s ability to fulfil his payment obligations, and also about facts and factors that are important for a responsible conclusion of the distance contract. If that research provides the trader with good grounds for declining to conclude the contract, then he has the right to reject an order or application or to bind its implementation to special conditions,
2. The trader will send to the consumer, together with the product or service, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium: a. the address of the trader’s business where the consumer can lodge a complaint; b.
the conditions under which the consumer can use the right of withdrawal, and how to do so, or a clear statement relating to the exclusion of the right of withdrawal; c. information on existing after-sales service and guarantees.
Article 8, Right of withdrawal upon delivery of products:
1. When purchasing products, a consumer is able to dissolve the contract, without stating reasons. The customer has fourteen (14) days from the date of receipt of the Product(s) ordered in order to exercise his/her right of withdrawal. This period commences on the day after the product was received by or on behalf of the consumer. During this period the consumer will treat the product and its packaging with care. He will only unpack to the extent that is necessary in order to determine whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and in the original state and packaging, in accordance with the reasonable and clear instructions provided by the trader. The consumer is responsible for the return shipment of products. Therefore we advise our customers to send the return with registered shipping.
2. Items not returned or returned incomplete, ruined, damaged, degraded, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the customer.
Article 9, Costs in a case of withdrawal:
If a consumer makes use of his right of withdrawal, he will be charged, at the most, with the costs of returning the goods. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, within 30 days at the latest. The trader offers refunds, but don’t offers exchanges. When the consumer wants to exchange his products for other products then he needs to return his goods, ask for a refund and make a new order.
Article 10, The price:
During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except at a result of alterations in VAT-tariffs. Contrary to the previous paragraph, the trader may offer products or services at variable prices, if these are subject to fluctuations (in the financial market) over which the trader has no influence. The offer must refer to these fluctuations and the fact that any prices quoted are recommended prices. Prices quoted for products or services being offered include VAT.
Article 11, Conformity and Guarantee:
1. We provide a warranty on our Products of 6 months, starting upon delivery. Against breakages caused by material or manufacturing defects reported within 7 days of the date of delivery of the Products, provided that we are notified of such defects within 7 days of the discovery.
2. Ateljé may choose between repairing or replacing the Product(s) unless one of these choices results in a cost that is disproportionately high for us. If a repair or replacement of the Product is not possible, the customer may have the price paid refunded and return the Product, The return, replacement or reimbursement of the Product shall be carried out at no cost to the customer.
3. Scratching or discolorations of the material is regarded as a normal consequence of wear and is not covered by the warranty.
Article 12, Complaints procedure:
Ateljé provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure. A consumer who has discovered a defect should submit to Ateljé, without delay, a comprehensive and clearly specified complaint about fulfilment of the contract. A reply regarding complaints submitted to a trader will be provided within a period of 14 days, calculating from the date of receipt. If a complaint is expected to require a longer period of time for processing, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply. Ateljé may ask the customer to make pictures of the damaged Product and provide this to Ateljé, before the customer is being asked to ship the Product.
Article 13, Liability
1. Nothing in these Terms shall exclude or limit our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
2. Ateljé is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control (force majeur), which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
3. Our maximum liability to you for any loss or damage arising in connection with your order shall be limited to the Product itself and the total price of your order.
Article 14, Supply and implementation:
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is deemed to be the address that the consumer makes known to the company.
2. It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential.
3. All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products
4. Taking into consideration that which is stated in Article 4 of these Terms, the company will implement accepted orders with all due speed, within 30 days at the latest, unless a longer period of delivery has been agreed.
If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed about this, at the latest within one month after the order was placed. In that case, the consumer has a right to dissolve the contract, free of charge. In a case of dissolution as described in the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, at the latest within 30 days after the dissolution. Should it prove impossible to deliver a product that has been ordered, the trader will attempt to provide a replacement article. The trader will indicate, clearly and intelligibly, that a replacement article is being supplied, at the latest upon delivery. The right of withdrawal cannot be precluded in the event of replacement articles. The trader will be charged with the costs of return shipments.
Article 15, Payment:
1. The trader accepts payments made via Credit and Debit card & Ideal. The traders prices are displayed in Euro’s. The rates are re-calculated each night. Please note if you choose to pay in a currency different to your own “local” currency, then your credit/debit card provider may charge you exchange rate costs. In the event that no later date has been agreed, the payment of products and services need to be paid for before the consumer receives the products, unless otherwise agreed. The consumer needs to pay for the goods immediately.. The consumer is obliged to inform the trader immediately of any inaccuracies in payment data provided or communicated.
2. An acknowledgement of receipt of the order is sent to the customer by email. In accordance with the provisions of the General Data Protection Regulation, the customer accepts the use of electronic mail for the confirmation of the order content by Ateljé.
3. The acknowledgement of receipt shall include the order number, the total amount of the order, information relating to cost and delivery time, defining features, quantity and price of the Items purchased.
4. Once we have confirmed your card authorization for your order and confirmed your order by email, an agreement between us is concluded.
Article 16, Intellectual Property Rights
1. Ateljé holds all intellectual property rights to the website, its contents (including - but not limited to - text, design, layout, brochures, catalogues images, Instagram posts, and videos), the Products, the domain name, trademarks and trade names.
2. Any use of our intellectual property rights, including – but not limited to - copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of Ateljé.
3. We will hold you liable for all caused direct and indirect damages when you use of our intellectual property rights without our consent.
Article 17, Law and jurisdiction
The Terms and the contractual relations between Ateljé and you are subject to Dutch law. In the case of litigation, exclusive authority is attributed to the competent Dutch court in Amsterdam. We are nonetheless committed to finding an amicable solution before any judicial action.