GENERAL TERMS AND CONDITIONS ATELIER CONTENT BV
1. OBJECT AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 The following general terms and conditions (hereinafter the "General Terms and Conditions") apply to the contractual relations between the company Atelier Content BV, with its registered office at 9600 Ronse - Zénobe Grammeestraat 56, registered with the CBE, under the number: 0567.961.922 (hereinafter "Atelier Content" or "We"), and the buyer (hereinafter the "Customer" or "You") on the websites www.ateliercontent.com and www.momentsbycontent.com (hereinafter the "Website").
1.2 The object of these General Terms and Conditions is to determine the terms and conditions of the online sale of products marketed by Atelier Content on the Website (the "Product(s)");
1.3 These General Terms and Conditions apply to all orders of Products (the "Order(s)").
2. ACCEPTANCE, VALIDITY AND DURATION OF THE GENERAL CONDITIONS
2.1 The conclusion of a contract with Atelier Content, implies the Customer's acceptance of the present General Terms and Conditions and the Customer is deemed to agree to their exclusive applicability. The applicability of any other document is expressly excluded.
2.2 Online acceptance of the current General Terms and Conditions is made by the mandatory ticking of a tick box when finalising the Order on the Website.
2.3 You can also consult, download and print the text of our Terms and Conditions at any time from the Website.
2.4 The current Terms and Conditions are valid from 01/07/2022. The Terms and Conditions applicable to your Order are those that were in force on the day of your Order.
2.5 Atelier Content reserves the right to amend or modify the current General Terms and Conditions. The General Terms and Conditions in force are those in force on the day of the Customer's use of the Website and/or placing the Order.
3. PLACING AN ORDER ON THE WEBSITE
3.1 The Customer declares to be of age (at least 18 years old) and/or to have the consent of a parent or guardian to place an Order on the Website. The Customer also declares (i) to be fully entitled to use the means of payment concerned and (ii) that these means of payment provide access to sufficient financial resources to cover the costs arising from the purchase of the Products. The Customer is financially responsible for each Order placed, on his own behalf as well as on behalf of third parties, including minors.
3.2 You may place one or more Orders on the Website for all Products available on the Website and based on the availability of the relevant Products in our stock.
3.3 You may keep in your shopping cart all the Products You have chosen during the same open purchase session. 2
3.4 Before the Order is completed, You will be shown an overview containing all the details of the products You have selected (model, size, price, etc...). In this overview, You can check all the elements of Your order and correct any mistakes. Please check this summary carefully to make sure that all the information it contains is correct. After confirmation of the Order, these data cannot be changed.
3.5 The Order is only effective after full payment of the price, incl. VAT and acceptance of the General Conditions in force at the time the Order is placed, in the manner explained in Article 2 of the current General Conditions.
Confirmation of the Order
3.6 Once the Order has been confirmed, You will receive a confirmation email containing all the elements of the Order, as well as the price including VAT, shipping costs and the information regarding delivery. Atelier Content's contact details will also be mentioned in the confirmation email. These details may be used in the event of a complaint.
4. PRICE AND PAYMENT TERMS
4.1 The prices listed on the Website are inclusive of VAT, but exclusive of any shipping costs.
4.2 The applicable prices are those indicated on the Website at the time of confirmation of the Order.
Terms of payment
4.3 The price payable by the Client corresponds to the price indicated on the summary which the Client was able to see prior to the confirmation of the Order.
4.4 The authorised methods of payment are as follows:
- Credit/debit cards (Visa, MasterCard, ...)
Whereby all information associated with the payment methods in question must be provided.
5. EXECUTION OF THE ORDER
5.1 Atelier Content entrusts the delivery of its Products to several transport companies. The rates may vary according to the transport company. We therefore ask you to consult their websites for more information in this respect. Nevertheless, the exact amount of the shipping costs will be communicated to You upon completion of Your order.
5.2 The indicated delivery times are to be counted from the receipt by the Customer of the confirmation e-mail and subject to the receipt confirmation of the related payment.
5.3 In principle, Atelier Content undertakes to make all reasonable and possible efforts to deliver the ordered Products to Your home within a reasonable period of time.
5.4 When the ordered Product is ready for shipment, Atelier Content will send to the Customer a confirmation email of the shipment of the Order. An individual tracking number will be transmitted to the Customer so that they can track the Order.
6. RECEIPT OF THE ORDER
6.1 Upon receipt of the Order, the Customer must check the conformity of the Products received. Any anomaly regarding the delivery (damaged packaging, missing Products, Products not conforming to the Order, etc...) must be reported within a period of 14 days after receipt of the Products by e-mail to firstname.lastname@example.org.
6.2 Following the mandatory notification as described above, the Products must be returned within 20 days of receipt, in the same condition in which they were dispatched, in the original box and with all accessories provided.
6.3 Subject to compliance with the conditions set out below, Atelier Content will proceed to refund the Order at the rates applicable on the day of the order.
7. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE ORDER
Right of withdrawal
7.1 In accordance with Article VI 47 et seq. of the Belgian Economic Code, the Customer has a period of 14 calendar days from the day of delivery of the ordered Product(s) to submit his/her cancellation and thus cancel his/her Order without being obliged to justify the cancellation.
7.2 A written request for cancellation must be sent by e-mail to the following address: email@example.com.
7.3 If the ordered Product(s) have already been delivered at the time You decide to cancel the Order, the Product(s) must be returned to Atelier Content in the same condition in which they were sent, in the original box and with all accessories provided.
Consequences of the cancellation of the Order
7.4 If the aforementioned conditions are fulfilled and subject to compliance with the conditions set out below, Atelier Content will proceed to refund the Product(s).
8. RETURNS, REFUNDS, EXCHANGES
8.1 Atelier Content will only accept to refund the Product(s) on condition that the Product(s) are returned to Atelier Content intact and in the original packaging, with all accessories supplied, and suitable for further commercialisation.
8.2 If You are unable to return the Product(s) in full or if they are damaged, Atelier Content will deduct from the refund the value of the Product(s) not returned or damaged and at the rates applicable on the day the Order was placed.
8.3 This is not applicable if You noticed the damage upon delivery. 4
8.4 For more information regarding return modalities, please consult the "returns and exchanges" page available on the Website at the following address: https://www.ateliercontent.com/retrournerenenruilen.
8.5 The refund, excluding the shipping costs, will be made by the same means of payment that were used to pay for the Order, Atelier Content will proceed with payment once the Product(s) have been received.
8.6 The Customer must bear the costs of shipping the Product(s), with the exception of the costs arising from the shipment of Products in any of the hypotheses mentioned in Article 6.1 of these General Terms and Conditions.
8.7 If You wish to exchange a Product for a smaller or larger size, Atelier Content will send the new Product free of charge, if in stock. If the Product is out of stock, Atelier Content will proceed with the refund as soon as the Product has been received.
9.1 All Products purchased on the Site are covered by the legal guarantee offered by the seller as stipulated by the Belgian Economic Code. Atelier Content undertakes that its Products comply with the description on the site, with the expectations that the Customer can reasonably have and with the legal provisions in force on the day the Order was placed. This warranty may be exercised during a period of 2 years counting from the delivery of the product.
9.2 All complaints should be sent by e-mail to the following address: firstname.lastname@example.org.
9.3 If the conditions for obtaining satisfaction under the legal guarantee are met, Atelier Content must proceed to repair or replace the Product, unless this is impossible or disproportionate. If the repair and/or replacement is impossible or impracticable within a reasonable period and without major inconvenience to the Customer, Atelier Content will dissolve the purchase agreement.
10. RETENTION OF TITLE
10.1 The Products delivered remain the property of Atelier Content until their actual and full payment, contrary to Article 1513 of the Belgian Civil Code.
11.1 Atelier Content is not liable for loss of profit, damage as a result of loss in the broadest sense of the word and/or any other direct or indirect damage of any nature whatsoever.
11.2 Atelier Content is in no case liable for damage not inherent in the Product and/or for non-conceptual defects arising from an external cause totally unrelated to Atelier Content, whether or not this is due to the Customer.
11.3 The Customer is responsible for ensuring the correct use of the Products, in accordance with the instructions and recommendations of the manufacturer and/or supplier, and for ensuring compliance with the regulations in force, particularly with regard to safety.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The licence granted to You is limited to accessing and using the Website for Your personal use.
12.2 All elements of the Website, any content or documents provided by Atelier Content are protected by intellectual property rights.
12.3 Under no circumstances may the Website or any part of it be reproduced, copied, sold or exploited for commercial reasons without our express and written consent.
13. APPLICABLE LAW AND COMPETENT COURTS
13.1 Only Belgian law shall apply to the present Terms and Conditions.
13.2 All disputes shall fall within the jurisdiction of the Vredegerecht (justice of the peace court) of the canton Oudenaarde-Kruishoutem, registered office Oudenaarde, or the Rechtbank van Eerste Aanleg (court of first instance) Oost-Vlaanderen, Oudenaarde division, Rechtbank van Koophandel (commercial court) Oost-Vlaanderen, Oudenaarde division.
14. FINAL PROVISIONS
14.1 The fact that Atelier Content does not invoke any of the provisions of these General Terms and Conditions at any time should not be interpreted as a waiver by Atelier Content to invoke them at a later date.
14.2 If one of the provisions of the present General Terms and Conditions is declared void and/or unworkable, that provision will be considered unwritten, without affecting the validity of the remaining provisions, except if that provision is determinative and essential.
14.3 The electronic data relating to the services offered by Atelier Content that are kept in Atelier Content's information systems possess evidential value subject to proof to the contrary. These data are evidence that is admissible, valid and opposable/appealable against the Customers, and have the same probative value as a written tangible document.