APPLICATION OF GENERAL CONDITIONS OF SALE
These conditions govern the sale of any ATLANTIK product to the consumer via the site "www.atlantik.care" by the company ATLANTIK CARE SAS whose head office is 25 allée du Moura 64200 Biarritz, registered with the RCS of Bayonne under the number Bayonne B 912 950 458 (Intra-community VAT number FR29912950458 ).
Subject to any contrary provision of the law, the General Terms and Conditions applicable to the relations established between ATLANTIK and the Customer are those in force on the day of validation of the order. They apply to the exclusion of all other conditions.
ATLANTIK does not carry out any telephone canvassing, the provisions of the Consumer Code relating to telephone canvassing at home are therefore inapplicable to orders covered by these General Terms and Conditions.
1. OBJECT
These General Conditions of Sale aim to define the reciprocal obligations of the parties as well as the different stages of the order process, in addition to the execution of the latter.
2 - PRODUCTS
The Products are those which appear in the catalog published on the ATLANTIK website.
These Products are offered while stocks last.
Each Product is accompanied by a description established by ATLANTIK . The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to the colors.
3 - PRICE / PAYMENT
3.1 The prices applicable to orders are those presented on the website www.atlantik.care at the time of the order.
Prices are indicated including tax, excluding delivery costs, and governed by French legislation. Prices may be modified at any time by the seller, without notice, and in particular in the event of a change in tax or economic data.
Items ordered must be paid in euros and online.
The delivered goods remain the property of the seller until full payment.
Online payment is made by credit card.
The secure platform offered as part of the online store is STRIPE. Payment by STRIPE complies with bank card regulations concerning distance selling and electronic payment. It also complies with the regulations of the accepted card networks (CB, Mastercard, Visa, Amex).
3.2 Payment for orders is made:
- either via Paypal
- either by bank cards (Visa, MasterCard, other credit cards)
The card is debited at the time of validation of the order.
4 - ORDER
4.1 Registration of the order
The buyer who wishes to purchase a product must:
– complete the identification form on which you will indicate all the requested contact details
– validate your order after checking it;
– make payment under the conditions provided;
– confirm your order and payment.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of any other conditions.
4.2 Validity of the order
Any order is validated by the Customer by means of a “click”, which constitutes an irrevocable acceptance which can only be called into question within the limits provided for in the General Terms and Conditions. Any order implies prior knowledge and unreserved acceptance of the General Terms and Conditions.
Under the law, the so-called “double click” process, associated with the authentication and non-repudiation procedure, as well as the protection of the integrity of messages, constitutes an electronic signature, which has value between parties in the same way as a handwritten signature. Unless proven otherwise, the data recorded by ATLANTIK constitute proof of all transactions passed between ATLANTIK and its customers.
A confirmation of the order validated by the Customer will be sent to him by email prior to dispatch of the order, and will make the sale final subject to the right to exercise the right of withdrawal.
The version of the General Terms and Conditions applicable to a given order may be kept by the Customer by computer recording or printing on paper.
5 - RESERVATION OF OWNERSHIP
The products remain the property of ATLANTIK until the order has been fully collected.
6 - DELIVERY
Items are delivered within 1 to 7 working days from the order throughout mainland France. Outside mainland France, the delivery time is 1 to 21 working days.
In the event of a delivery delay of more than 5 working days, the customer must inform customer service at the address: bonjour@atlantik.care who will implement the necessary and appropriate actions.
Beyond a period of one month from the date of the order ATLANTIK will reimburse the undelivered merchandise by check or bank transfer.
Packages are delivered to the address indicated when ordering. As such, ATLANTIK is not able to guarantee a precise delivery time.
The transfer of risks takes place at the time of delivery of the goods.
ATLANTIK may be held responsible in the event of contractual non-performance following a case of force majeure in particular, and without this being limited, in the event of war, riot, insurrection, interruption of transport, problem of importation, strike, shortage, fire, earthquake, storm, flood.
7 - SIGNATURE AND PROOF
For any Paybox payment on the site www. atlantik .care , the electronic certificate issued by the Paybox manager will constitute proof of the amount and the date of the transaction, in accordance with the provisions of articles 1316 et seq. of the Civil Code as well as the electronic archiving means put in place by ATLANTIK . In this regard, the dates and times of the server will be binding between the parties.
Validation of the order, carried out via Paybox, constitutes signature and express acceptance of all operations carried out on the site.
8 - RIGHT OF WITHDRAWAL
For products purchased online, the customer has a period of 14 working days from the date of delivery of the goods to exercise the right of withdrawal of their order. The postmark or the date of the receipt of provision constitutes the starting point of this period. Return or cancellation may concern all or part of the order.
Return and exchange costs are the responsibility of the customer.
Reimbursement of sums paid, including delivery costs, is made no later than 14 days from the date on which ATLANTIK is informed of the consumer's decision to withdraw. Reimbursement is made by bank transfer to the customer in accordance with the information provided when ordering. Products returned damaged, incomplete, soiled, tested, opened or without the original packaging will not be taken back, exchanged or refunded.
Beyond the period of 14 days from delivery, the goods will not be taken back, exchanged or refunded unless the goods result from one of the following two cases:
-
Guarantee of Conformity:
In accordance with the legal provisions in force, our products are covered by a guarantee of conformity. Thus, the consumer benefits from a period of 2 years from receipt of the product to report any lack of conformity. In the event of non-compliance, the consumer has the right to obtain a replacement of the product, or, if this is not possible, a refund of the price paid.
-
Hidden Defects Guarantee:
In addition, our products are also covered by the guarantee against hidden defects, in accordance with current legislation. This guarantee allows the consumer to report any hidden defect affecting the product within 2 years of discovery of the defect. In the event of a proven hidden defect, the consumer has the right to obtain a refund of the price paid or a reduction in the price.
To exercise these guarantees, the consumer must inform us of the defect or hidden defect in writing within the period provided for by legislation. It is recommended that you provide full details of the problem encountered and accompany the complaint with any relevant documentation, such as photographs.
Exceptions:
These warranties do not cover defects resulting from improper use, neglect, unauthorized modification or repair of the product by the consumer.
9 - INTELLECTUAL PROPERTY
The customer is prohibited from copying or downloading all or part of the content of the site. www. atlantik .care , unless prior and express authorization is given by ATLANTIK , which remains the sole owner of all related intellectual property rights.
10 - RESPONSIBILITY
ATLANTIK has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. The responsibility of ATLANTIK cannot be held liable for any inconveniences or damages inherent in the use of the Internet network, in particular a breakdown of service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and to jurisprudence.
11 - CUSTOMS DUTY
Any order placed on the site and delivered outside France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible taxes linked to the delivery of an item are the responsibility of the customer and are their responsibility. ATLANTIK is not required to verify and inform its customers of applicable customs duties and taxes. To find out about them, it is up to the member to obtain information from the competent authorities in their country.
12 - SETTLEMENT OF DISPUTES
In the event of a dispute, the French courts will have sole jurisdiction.
13 - PARTIAL NON-VALIDITY
If a particular stipulation of these conditions is held to be invalid or declared as such by a decision having the force of res judicata of a competent court, the other stipulations will retain their full force and scope.
14 - ENTIRE CONTRACT
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entire contractual relationship between the parties.
15 - APPLICABLE LAW
These general conditions of sale are subject to French law.
16- INFORMATION AND FREEDOMS
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, files and freedoms modified by the Law of August 6, 2004, the information you communicate (email address, surname, first name, postal address , telephone number), in particular due to the forms which are present on the site, make it possible to respond to your requests such as subscription to the newsletter, product deliveries and are intended for the Company ATLANTIK SAS, as data controller, for administrative and commercial purposes, as well as to its contractual partners. They may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, delivery, processing and payment. The data will be kept for 3 years for marketing data and for 6 years for data related to order invoicing.
ATLANTIK is committed to respecting your privacy and protecting the information you communicate to it. In particular, the personal data collected on the website www.atlantik.care are mainly intended for the use of the company ATLANTIK . You have the right to access, rectify, modify and delete the personal data that you have communicated to us. You can exercise this right by sending a letter to: AT LANTIK CARE SAS 25 Moura alley 64200 Biarritz
If you subscribe to information services by electronic mail ("newsletter"), you can ask to no longer receive these letters either as indicated above, or by following the instructions appearing at the end of each of these letters, when you receive them.
The data relating to the newsletter is stored on the “Mailchimp” server and the data relating to the sending of products is stored on the “Shopify” platform.