Terms of sale
APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions govern the sale of all ATLANTIK products to consumers via the website www.atlantik.care by ATLANTIK CARE SAS, whose registered office is at 25 allée du Moura, 64200 Biarritz, France, registered with the Bayonne Trade and Companies Register under number Bayonne B 912 950 458 (VAT number FR29912950458).
Unless otherwise provided by law, the GTC applicable to the relationship between ATLANTIK and the Customer are those in effect on the day the order is validated. They apply to the exclusion of any other terms.
ATLANTIK does not engage in any telephone marketing; therefore, the provisions of the French Consumer Code regarding telephone solicitation at home do not apply to orders under these GTC.
1 - OBJECT
These General Terms and Conditions of Sale define the mutual obligations of the parties as well as the steps of the ordering process, in addition to its execution.
2 - PRODUCTS
Products are those listed in the catalog published on the ATLANTIK website.
Products are offered while stocks last.
Each product is accompanied by a description prepared by ATLANTIK. Catalog photographs are as accurate as possible but cannot guarantee an exact match with the product offered, particularly regarding colors.
3 - PRICES / PAYMENT
3.1 Prices applicable to orders are those displayed on http://www.atlantik.care at the time of the order.
Prices are indicated inclusive of VAT, excluding delivery charges, and are governed by French law. Prices may be modified at any time by the seller without notice, notably in the event of changes in tax or economic data.
Ordered items must be paid in euros and online.
The goods remain the property of the seller until full payment is received.
Online payment is made by credit card.
The secure platform used for the online store is STRIPE. Payment via STRIPE complies with card regulations concerning distance selling and online payment. It also complies with the regulations of accepted card networks (CB, Mastercard, Visa, Amex).
3.2 Payment for orders can be made:
- via PayPal
- or by credit cards (Visa, MasterCard, other blue cards)
The card is debited at the time the order is validated.
4 - ORDER
4.1 Order Registration
The buyer wishing to purchase a product must:
- complete the identification form with all requested details;
- validate their order after verification;
- make payment under the specified conditions;
- confirm their order and payment.
Confirmation of the order constitutes acceptance of these terms and conditions, acknowledgment of having full knowledge of them, and waiver of the right to invoke other conditions.
4.2 Validity of the Order
All orders are validated by the Customer via a “click,” which constitutes irrevocable acceptance that can only be challenged under the limits provided in the GTC. All orders imply prior reading and unconditional acceptance of the GTC.
Under the law, the “double click” process, combined with authentication and non-repudiation procedures and message integrity protection, constitutes an electronic signature, which has the same value between the parties as a handwritten signature. Unless proven otherwise, data recorded by ATLANTIK constitutes proof of all transactions between ATLANTIK and its customers.
A confirmation of the order validated by the Customer will be sent by email prior to shipment, making the sale final, subject to the right of withdrawal.
The version of the GTC applicable to a given order may be saved by the Customer either electronically or printed on paper.
5 - RETENTION OF TITLE
Products remain the property of **ATLANTIK** until full payment of the order is received.
6 - DELIVERY
Items are delivered within 1 to 7 business days from the order date throughout mainland France. Outside mainland France, delivery takes 1 to 21 business days.
Exceeding these deadlines cannot be held against **ATLANTIK** and does not entitle the Customer to terminate the contract or claim damages.
After one month from the order date, **ATLANTIK** will refund undelivered goods by check or bank transfer.
Parcels are delivered to the address provided during the order. ATLANTIK cannot guarantee a precise delivery time.
Risk transfers upon delivery of the goods.
ATLANTIK may only be held responsible for non-performance resulting from force majeure, including but not limited to war, riot, insurrection, transport interruption, import issues, strike, shortage, fire, earthquake, storm, or flood.
7 - SIGNATURE AND PROOF
For all Paybox payments on http://www.atlantik.care, the electronic certificate issued by Paybox serves as proof of the amount and date of the transaction, in accordance with Articles 1316 et seq. of the Civil Code, as well as ATLANTIK’s electronic archiving measures. Server dates and times are binding between the parties.
Validation of the order via Paybox constitutes signature and express acceptance of all transactions on the site.
8 - RIGHT OF WITHDRAWAL
For products purchased online, the Customer has 14 business days from the delivery date to exercise their right of withdrawal. The postmark or date of receipt constitutes the starting point. Returns or cancellations may concern all or part of the order.
Return and exchange costs are the responsibility of the Customer.
Refunds, total or partial, will be made within 30 business days following ATLANTIK’s receipt of returned goods via bank transfer according to the details provided during the order. Damaged, incomplete, dirty, tested, opened products, or products without original packaging will not be accepted, exchanged, or refunded.
Goods returned after the 14-day period will not be accepted, exchanged, or refunded.
9 - INTELLECTUAL PROPERTY
The Customer is prohibited from copying or downloading all or part of the content of http://www.atlantik.care, except with prior express authorization from ATLANTIK, which remains the sole owner of all related intellectual property rights.
10 - LIABILITY
ATLANTIK is only subject to a best-effort obligation for website access, the ordering process, delivery, or post-sale services. ATLANTIK cannot be held liable for inconveniences or damages inherent to Internet use, including service interruptions, external intrusions, viruses, or any force majeure event, in accordance with law and case law.
11 - CUSTOMS DUTY
Orders shipped outside France may be subject to applicable taxes and customs duties upon arrival. These duties and taxes are the Customer’s responsibility. ATLANTIK is not required to verify or inform Customers about applicable customs duties. Customers should check with local authorities.
12 - DISPUTE RESOLUTION
In case of dispute, French courts shall have exclusive jurisdiction.
13 - PARTIAL INVALIDITY
If any provision of these terms is deemed invalid or declared as such by a competent court, all other provisions shall remain in full force.
14 - ENTIRE CONTRACT
These GTC and the order summary sent to the Customer constitute the entire contractual relationship between the parties.
15 - APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law.
16 - DATA AND PRIVACY
In accordance with Law No. 78-17 of January 6, 1978, as amended by the law of August 6, 2004, the information you provide (email, name, postal address, phone number), including via forms on the website, allows us to respond to requests such as newsletter subscriptions and product delivery. This data is intended for **ATLANTIK SAS**, as data controller, for administrative and commercial purposes, and for its contractual partners.
Data may be transmitted to companies involved in providing services and fulfilling orders for management, execution, delivery, processing, and payment. Data is retained for 3 years for marketing purposes and 6 years for order invoicing.
ATLANTIK is committed to respecting your privacy. You have the right to access, rectify, modify, and delete personal data. You may exercise this right by sending a letter to: ATLANTIK CARE SAS, 25 allée du Moura, 64200 Biarritz, France.
If subscribed to email services (“newsletter”), you may opt out either as indicated above or by following instructions at the bottom of each email.
Newsletter data are stored on the "Mailchimp" server, and product delivery data are stored on the "Shopify" platform.