Terms of sale

1. Scope

 

These general terms and conditions of sale (hereinafter the “T&Cs”) apply to all sales concluded between any adult residing in one of the following countries: France, Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Portugal, Slovakia, Slovenia, the United Kingdom (hereinafter “the Customer”) and ATELIER 57, trading as Room Service, a French limited liability company (société à responsabilité limitée) with share capital of €2,000, registered with the Paris Trade and Companies Register under number RCS 504 830 027, intra-Community VAT number FR 905 048 300 27 (hereinafter “ATELIER 57”), on the website roomservice.fr (hereinafter the “Website”).

 

The T&Cs apply to the exclusion of all other terms, in particular those applicable to in-store sales.

 

The T&Cs are made available to the Customer on the Website, where they may be consulted directly. They are enforceable against the Customer, who acknowledges, by ticking a box provided for that purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes the Customer's acceptance of the T&Cs in force on the day of the order, which ATELIER 57 stores and reproduces in accordance with Article 1127-2 of the French Civil Code.

 

Any new features subsequently added to the Website will also be subject to these T&Cs. ATELIER 57 reserves the right to update, change or replace any part of the T&Cs by publishing the updates and/or changes on the Website.

 

 

1. Products

 

Each of the products offered for sale on the Website (hereinafter “the Products”) is accompanied by a description setting out its essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.

In order to offer the best possible browsing experience, ATELIER 57 pays particular attention to the presentation of the products offered on the Website. Because of the color settings of each computer, the colors of the products shown in the photographs on the Website may differ slightly from their actual colors. Furthermore, as these are handcrafted creations, items may show irregularities in the finish and differences in size and/or in the shade of the stones that are inherent to this type of manufacture, and which cannot be regarded as defects. ATELIER 57 cannot be held liable for such differences, and the validity of the order cannot be affected by them.

The photographs, graphics and descriptions of the products offered for sale are indicative only and are in no way binding on ATELIER 57. The Customer may obtain further information by contacting Customer Service by telephone.

 

Product descriptions and all Product prices may be changed in line with the evolution of our offering, without prior notice.

The Products are intended for personal use only and not for resale. When placing an order, the Customer certifies that they are purchasing the Products for personal use and not for resale.

Accordingly, ATELIER 57 reserves the right to limit the sale of Products to any person, and in any geographic region or jurisdiction, where Products are ordered in excessive quantities.

 

 

1. Procedure for ordering the Products

 

To place an order on the Website, the Customer must follow the steps below:

 

1. Choice of Product: the Customer selects the Product or Products they wish to order.
   
   2. Checking the contents of the selection: the Customer checks the contents of their cart, while retaining the option of removing the selected Product(s).
   
   3. Acceptance of the T&Cs in order to proceed to the payment process. 
   
   4. Identification: The Customer undertakes to provide order information and, where applicable, customer account information that is up to date, complete and accurate.

 

If the Customer does not have a personal account on the Website:
The Customer completes the identification form provided and enters the requested information (mandatory information: e-mail, last name, first name, address, telephone, password). At this stage, the Customer may choose whether or not to receive alerts by e-mail (in order to be informed by e-mail when a Product becomes available), or newsletters and information from ATELIER 57.

 

If the Customer has a personal account on the Website:
The Customer enters their e-mail address and password in order to continue the order from their personal account.

 

1. Choice of delivery method: before making a choice, the Customer is informed of the shipping costs applicable to each of these options.
   
   6. Choice of payment method: the Customer chooses the payment method in accordance with the terms set out in Article 5 of the T&Cs.
   
   7. Checking the order: the Customer checks the contents of their order, the total price, the delivery and billing address, or amends the billing and delivery address.
   
   8. Confirmation of the order: The Customer confirms their order after checking it, “Place my order”.
   
   9. Acknowledgement of receipt of the order: when the order is received by ATELIER 57, the Customer receives an e-mail confirming receipt of their order.
   
   10. Processing of the order: ATELIER 57 undertakes to fulfill the order recorded on the Website as soon as it is validated. If an item is not immediately available, ATELIER 57 undertakes to inform the Customer as soon as possible by e-mail or telephone.
   
   11. Dispatch of the order: once the order has been processed, the Customer will receive a shipping confirmation e-mail with a full summary of the order. The order amount will be charged upon order confirmation. If a Product is unavailable, ATELIER 57 will inform the Customer as soon as possible and will refund the missing items.

 

1. Refusal of orders
   ATELIER 57 shall be entitled to limit or refuse any order on legitimate grounds, in particular where there is a dispute with the Customer or an incident relating to payment of a previous order that would contravene the provisions of the T&Cs. Where applicable, ATELIER 57 will inform the Customer by telephone or e-mail.

  

 

1. Prices

 

The prices charged are those displayed on the day of the order. The prices displayed on the Website are stated in euros, are inclusive of all taxes and include French VAT, covering:

- the costs of processing the Customer's order

- all packaging costs, including the pouches or cases in which the ordered jewelry will be delivered.

ATELIER 57 reserves the right to change the prices of the Products at any time, but the Products will be invoiced on the basis of the rates in force on the day the Customer validates the order.

 

Despite all our efforts, a number of products on our Website may carry a pricing error.  The prices displayed on the Website may differ from the prices found in our stores or at our resellers for identical products, because of the pricing policy specific to each reseller. Under no circumstances do these prices engage our liability, nor will they give rise to a refund of the price difference.

 

1. Payment

 

ATELIER 57 accepts the following payment methods:

 

- Credit and debit cards

All credit and debit card transactions are processed by the payment provider Adyen, a secure online payment gateway that encrypts bank card details in a secure environment.

Payment may be made with the following credit cards: Visa, Mastercard and American Express. Payment may also be made with the following debit cards: Visa Electron and Maestro (provided that the Customer's card can be used for online purchases).

 

The Customer acknowledges that providing their bank card number constitutes authorization to debit their account up to the amount of the Products ordered, inclusive of all taxes. The bank card is debited immediately.

 

The Customer confirms that the credit or debit card used is their own, or that they have been expressly authorized by its owner to use it. All credit and debit card holders are subject to validation checks and authorization by the card issuer.

If the card issuer refuses to authorize payment to ATELIER 57, the order will be cancelled. ATELIER 57 cannot be held liable for any fees or penalties that may be imposed by the payment provider in connection with the payment made for your order.

 

- PayPal

By choosing the PayPal option, the Customer will be redirected to the PayPal site: once logged in, they must check the amount displayed before clicking “Pay now”. Once the transaction is complete, the Customer will be redirected to the Website. 

Payment by check or money order is not accepted.

 

 

1. Delivery, availability and customs

 

ATELIER 57 offers delivery to the following countries:

European Union:

Zone 1: Germany, Belgium, Luxembourg, the Netherlands.

Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding specific territories), the United Kingdom, Ireland, Italy.

Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland.

Zone 4: Specific territories of Spain (Balearic Islands, Canary Islands, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania.

 

And the rest of the world subject to conditions.

 

Shipments are handled by Colissimo with signature on delivery for mainland France, and by a local partner for the euro zone: Chronopost, Mondial Relay, DPB, DHL, Fedex, UPS. Delivery will take place within 1 to 10 business days depending on the country.

 

This average time frame remains an estimate and may vary slightly depending on the delivery country chosen and on transport conditions beyond Room Service's control.

The various delivery options are offered to the Customer when finalizing the order cart.

Shipping is free on any order equal to or greater than €500 for delivery within mainland France and €900 for international delivery. The Customer must enter the code “livraisongratuite” when placing the order.

ATELIER 57 prepares orders on business days and during business hours, according to their date and time of processing on the Website. ATELIER 57 will do its best to deliver orders within three (3) business days of receiving payment of their price. Delivery times do not take into account any delays caused by the time needed to obtain payment authorization. If ATELIER 57 fails to deliver the order within thirty (30) days, the Customer will be entitled to cancel the order and ATELIER 57 will refund it.

 

The Products purchased by the Customer will be delivered to the address given when the order was placed. No delivery can be made to a post office box. 

The Customer shall bear the consequences (delayed delivery, impossibility of delivery, additional transport costs, etc.) resulting, where applicable, from incorrect and/or incomplete delivery details provided by them. 

 

ATELIER 57 informs the Customer that the standard delivery date is available on the information page of each product on the Website. If the size or the reference is changed once the initial order has been validated and paid for, the delivery date shown at the time of purchase and in the Customer's account is no longer valid and must be reassessed by Customer Service once the change request has been taken into account. ATELIER 57 gives no guarantee whatsoever of delivery on the date attached to the first choice of jewelry, since changing the reference or the size may shift the usual manufacturing and delivery process.

Delivery tracking

 

When the order is dispatched, the Customer will receive an e-mail confirming that their order has been sent. The Customer will be able to track the delivery of their order using the carrier's tracking link.

If the Customer is absent at the time of delivery, the carrier will, where applicable, leave a delivery notice informing them of the terms and time limits for collecting the parcel, delivery being deemed to have been made. The Customer undertakes to follow the carrier's instructions in order to complete delivery of the order.

Late delivery 

 

In the event of non-delivery or late delivery, the Customer must inform Customer Service as soon as possible at info@roomservice.fr or by telephone on 0033 (0)1 77 11 27 24. Where applicable, ATELIER 57 will contact the carrier so that an investigation can be carried out. 

If the delivery time is exceeded, and this is not justified by an event of force majeure as defined by French case law and is not due to a strike of any cause whatsoever, the Customer may request rescission of the sale by contacting Customer Service at info@roomservice.fr or by telephone on 0033 (0)1 77 11 27 24.

ATELIER 57 will refund the Customer the amount of the order within a maximum of fourteen (14) calendar days following rescission of the contract.

Receipt of the Products

 

It is the Customer's responsibility to check the number and condition of the Products when they are delivered by the carrier. If the parcel received and/or its contents are visibly damaged or do not correspond to the order, the Customer must refuse to accept the Products. For internal organizational reasons, ATELIER 57 strongly encourages the Customer to record detailed reservations in writing with the carrier (parcel opened, Product(s) damaged or missing, etc.).

Any anomaly concerning the delivery of the Products must be notified to ATELIER 57 by e-mail at info@roomservice.fr or by telephone on 0033 (0)1 77 11 27 24.

 

Customer Service will take charge of the Customer's case, giving them the information needed to deal with their request as effectively as possible (it may in particular ask them to send photographs of the visible defects) and arranging the return of the defective items at ATELIER 57's expense.

 

Subject to confirmation that the order delivered is non-conforming, ATELIER 57 will, at the Customer's choice, replace or repair the Product within fourteen (14) days and on the terms set out in Article L. 217-9 of the French Consumer Code. Should neither of these options be possible, ATELIER 57 will refund the Product on the terms set out in Article L. 217-10 of the French Consumer Code.

 

The conditions for exercising the legal warranty of conformity are also set out in Article 8 of the T&Cs.

 

In the event of missing item(s), ATELIER 57 will re-ship the missing Product(s) within fourteen (14) days.

 

Customs duties and taxes for the European Community

 

As orders are shipped from France, no customs duty applies to deliveries within the European Community.

 

Any order placed on the Website and delivered outside mainland France may be subject to taxes and customs duties that may be levied when the parcel reaches its destination.
Any such customs duties and taxes relating to the delivery of an item are payable by you and are your sole responsibility.
We are not in a position to verify the applicable customs duties and taxes.
To find out what they are, we advise you to contact the competent authorities in your country.

 

For deliveries to the following European countries: Bulgaria, Hungary, Poland, Czech Republic, Romania, Slovenia, Norway, Switzerland, French VAT (20%) will be deducted automatically from the price invoiced.

 

 

1. Right of withdrawal and Returns

 

Under Article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal which may be exercised, without reason and at no cost, within fourteen (14) business days of delivery of the order, in order to return one or more of the Products ordered and obtain a refund.

To exercise their right of withdrawal, the Customer must notify ATELIER 57 of their decision to withdraw within fourteen (14) business days of receiving their purchase, by sending an e-mail to info@roomservice.fr and by returning the jewelry concerned to Room Service by post to the following address, stating your name and order number on a separate sheet enclosed with the jewelry:

ROOM SERVICE

52 Rue d'Argout

75002 Paris

France

ATELIER 57 will refund the Customer within fourteen (14) days following the date of receipt of the returned Products, provided that the return conditions have been complied with and that the return of the Products has been validated on receipt by ATELIER 57. The refund includes the price of the Products inclusive of all taxes. It will be made using the same payment method as the one used by the Customer for the purchase.

 

Return conditions

The following return conditions must be complied with without exception:

 

• Items must be returned in their original condition, with the original packaging intact;
• Items must not have been worn;
• Items must be returned within 14 days of the date of receipt by the Customer. 

 

Return shipping costs

Goods are returned at the Customer's expense and risk (the Customer is therefore advised to declare the value of the goods and to take out insurance covering these risks). It is advisable to return them by registered post.

 

The return address is as follows:

ROOM SERVICE

52 Rue d'Argout, 75002 Paris – France

 

 

1. Legal warranties & After-Sales Service 

 

In accordance with Articles L. 217-1 et seq. of the French Consumer Code, ATELIER 57 warrants the conformity of the Products sold on the Website.
When invoking the legal warranty of conformity, the Customer:

- has a period of two (2) years from delivery of the goods in which to act;

- may choose between repair and replacement of the goods, provided that this choice does not entail a manifestly disproportionate cost for ATELIER 57, having regard to the value of the goods or the significance of the defect. In that case, ATELIER 57 shall be required to proceed, unless this is impossible, by the method not chosen by the Customer. The Customer is exempt from proving the existence of the Product's lack of conformity during the twenty-four (24) hours following delivery of a new Product and the six (6) months following delivery of a second-hand Product. Beyond that six (6) month period for second-hand Products, the Customer must prove that the goods are not fit for the use ordinarily expected of similar goods, or that they do not have the characteristics agreed between the parties.

- This legal warranty of conformity applies independently of any commercial warranty that may be granted.

The Products sold benefit from the legal warranties provided that they have been used normally and that the care instructions have been followed.

This warranty does not cover damage resulting from improper use of the Product or from normal wear and tear through use. To benefit from the warranty on the Products, it is essential to keep the purchase invoice for the Product together with the delivery note.

The Customer may also decide to invoke the legal warranty against hidden defects in the Product sold within the meaning of Article 1642 of the French Civil Code, arising from a defect in the design or manufacture of the Product and rendering it unfit for the use for which it was intended, excluding any negligence or fault on the part of the Customer. The Customer may then choose between rescission of the sale and a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

 

The provisions of the French Consumer Code relating to the exercise of the legal warranties are also reproduced in Appendix 2 to the T&Cs for information purposes.

 

After-Sales Service

 

The warranty runs for 3 months from the date of receipt by the Customer. The warranty does not cover damage to products caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, or normal wear and tear.

 

Before returning the product, the Customer undertakes to send an e-mail to info@roomservice.fr with a photograph of the damaged item of jewelry, together with the invoice and a comment on how it was damaged, so that we can determine whether the product can be repaired.

 

On receipt of the product returned to After-Sales Service, and if it can be repaired or exchanged, ATELIER 57 will return the product to the Customer, at the Customer's expense, within 2 to 3 weeks, save in exceptional cases where the repair would require longer.

In the event that the defective product returned to ATELIER 57 cannot be repaired, an identical product will be sent if one is offered in the catalog, or, failing repair, the product will be refunded.

These provisions apply only in the event of a proven defect; they do not apply where the defect results from inappropriate handling or any other action harmful to the product carried out by the Customer.

 

ATELIER 57 will determine whether or not the piece is defective. It may be repaired or exchanged.  Where the warranty does not cover the damage, a quotation will be drawn up and the repair invoiced to the Customer. 

 

If a gold-plated piece of jewelry loses its shine, it can be re-plated. This service will be invoiced, and a quotation will be provided.

 

To invoke the legal warranties, the Customer should contact After-Sales Service at info@roomservice.fr or by telephone on 0033 (0)1 77 11 27 24.
The Customer may also contact After-Sales Service for advice on using and caring for the Products.

 

 

1. Personal data

 

In connection with the use of the Website and the management of orders placed on the Website, and in its capacity as data controller, ATELIER 57 collects and processes personal data relating to its customers. This information is necessary in order to process and follow up the Customer's requests or orders, so as to serve them better, and to prevent any fraudulent use of their means of payment or of their identity.

 

This data is also used to send the Customer information about the Room Service brand and about the Website, or to give them the benefit of commercial offers, where the Customer agrees to this when validating their order in the checkout process, or by subscribing to the ATELIER 57 newsletter from the footer of the Website or when placing an order.

 

The personal data collected is as follows: last name, first name, e-mail address, postal address, telephone number, password and, where applicable, bank card number.

 

The information identified as required is mandatory. Its collection is a condition of opening an account and/or of any purchase of a Product. The legal basis for the processing is therefore the performance of a contract to which you are party, or pre-contractual measures taken at your request. If the mandatory information is not provided, the Customer's request cannot be processed.

 

With specific regard to the processing of the e-mail address collected when subscribing to the newsletter, we state that the Customer's subscription constitutes consent to the processing. The Customer then has the right to withdraw their consent on the terms set out below. The Customer may also unsubscribe at any time by e-mail, by clicking the unsubscribe link included in every mailing.

 

The Customer's personal information is sent to and stored with the Website's hosting provider, located outside the European Union, whose details are as follows:

 

Shopify Inc. 
126 York St. Ottawa,
ON KIN 5T5
Canada.

 

ATELIER 57 wishes to make clear that Canada is one of the States offering an adequate level of protection for personal data according to the European Commission.

The data collected on the Website is intended exclusively for ATELIER 57's own use. It may also be passed on to persons acting under the authority and on the instructions of ATELIER 57 whose services ATELIER 57 uses, in particular in connection with the performance of services and orders (in particular management, fulfillment, processing and payment).

 

Following any injunction from the legal authorities, or in order to defend its rights or those of its employees, customers or any other person, ATELIER 57 may disclose this data to legally authorized bodies and authorities. ATELIER 57 undertakes to take all appropriate precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted or damaged, or from being accessed by unauthorized third parties.

 

None of the personal data collected from the Website is disclosed or transferred to third parties for commercial purposes.

 

The personal data thus collected is retained for a period that does not exceed the period necessary for the purposes for which it was collected, and that complies with the provisions of simplified standard no. 48 issued by the French data protection authority (Commission Nationale de l'Informatique et des Libertés, CNIL).

 

It is therefore retained:

 

• If you are a customer: for a period of 3 years from:

 

• your last purchase from ATELIER 57;
• your subscription to the newsletter or your last click on a hyperlink contained in an e-mail sent by ATELIER 57;

 

• If you are not a Customer: for a period of 3 years from your last contact. ATELIER 57 considers the following actions to constitute a last contact on your part:

 

• creating an account without making a purchase;
• subscribing to the newsletter or clicking a hyperlink contained in an e-mail sent by ATELIER 57;
• your last login to your account;

 

Certain data will be retained for a period of 10 years in an intermediate archive database with restricted access, to enable ATELIER 57 to comply strictly and solely with its legal obligations.

 

As for Customers' bank details, they are deleted once the transaction has been completed, except for those of Customers who have chosen to save their credit card details for future purchases.

 

In accordance with the French Data Protection Act (“Informatique et Libertés”) of 6 January 1978 and the European General Data Protection Regulation of 27 April 2016, you have a right of access to, of enquiry about, and of rectification, erasure and restriction of the personal data concerning you. The Customer may also amend their personal details from their customer area by logging in with their e-mail address and password.

 

You also have the right to object to the processing of your personal data on legitimate grounds, as well as the right to object to your personal data being used for direct marketing purposes.

 

You also have the right to withdraw your consent, for processing based exclusively on your consent.

 

You further have the right to give the data controller your instructions as to what should happen to your personal data.

 

Finally, you have the option of requesting that your personal data be exported to a third party where you have consented to the collection of your personal data, or where your personal data was collected in connection with the performance of a contract.

 

The Customer may exercise these rights by providing the details necessary to identify them (last name, first name, e-mail, and where applicable postal address or telephone number), to Customer Service at:  info@roomservice.fr or by telephone on 0033 (0)1 77 11 27 24.

 

You also have the option of lodging a complaint with the CNIL, the competent supervisory authority.

 

 

1. Cookies

 

When the Customer browses the Website, cookies and other trackers are placed on their computer. The Website uses cookies and other trackers in order to offer the Customer optimal browsing on the Website and to present them with targeted advertising tailored to their needs.

 

By continuing to browse the Website, the Customer accepts the use of these cookies and other trackers.

 

A cookie or tracker is a small text file placed on a computer when a website is visited or an advertisement is viewed.

 

The purpose of these files is in particular to collect information relating to browsing on websites and to deliver personalized services. They are managed by Internet browsers.

 

When the Website is visited, information relating to browsing on any type of device used by the Customer (computer, tablet, smartphone, etc.) on the Website may be recorded in such text files, installed on the device used, subject to the choices made by the Customer regarding cookies and other trackers, which they may change at any time. Only the issuer of a cookie or other tracker is able to read or modify the information it contains.

 

Cookies and other trackers are retained for a maximum of 13 months.

 

The cookies and other trackers placed by ATELIER 57 are essentially the following:

 

ATELIER 57 cookie or tracker: service and type	ATELIER 57 cookie or tracker: role and purpose
_session_id, unique token, sessional	Allows Shopify to store information about the current session
shopify_visit, no data held	Persists for 30 minutes from the last visit. Used to track the number of visitors to the site
_shopify_uniq, no data held,	Counts the number of visits by the same user over a 24-hour period.
cart, unique token	Persists for 2 weeks. Used to record the contents of a user's cart
secure_session_id	Unique token, linked to the session
storefront_digest,	Unique token, determines whether the visitor has access to the site via a password

 

When the Customer browses the Website, one or more cookies and trackers belonging to companies partnering with ATELIER 57 may be placed on your computer, in particular those of audience measurement companies enabling browsing information relating to the devices used to view the Website to be tracked (communications agency, audience measurement company, etc.) and enabling them, for as long as these cookies remain valid:

 

The Customer also has the option of objecting to these cookies and other trackers as follows: 

 

• For Internet Explorer™: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
• For Safari™ iOS: https://support.apple.com/en-us/HT201265
• For Safari macOS: https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US
• For Chrome™: https://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
• For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
• For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html

 

For further information, the Customer may visit the CNIL website: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/.

 

 

1. Intellectual property rights

 

The ATELIER 57 trademark, together with all the trademarks, illustrations, images and logos appearing on the Products marketed by ATELIER 57, whether registered or not, are and shall remain the exclusive property of ATELIER 57. Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without express prior consent, is strictly prohibited.

 

The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Website without the express prior written authorization of ATELIER 57.

 

1. Disputes

 

Governing law – Courts having jurisdiction
The T&Cs are governed by French law, subject to any more favorable national provisions. Any dispute that may arise from the interpretation or performance of these General Terms and Conditions of Sale and their consequences shall be subject to the exclusive jurisdiction of the French courts.

 

Mediation
The Customer may refer any dispute relating to an order or to these T&Cs between the Customer and ATELIER 57 to the FEVAD e-commerce Ombudsman, who will endeavor, wholly independently and impartially, to bring the parties together with a view to reaching an amicable solution.

 

To submit a request for mediation, the Customer has a complaint form available on the website of the FEVAD e-commerce Ombudsman.

 

The parties to the contract remain free to accept or refuse recourse to mediation and, where mediation is used, to accept or refuse the solution proposed by the mediator.

 

 

1. Force majeure

 

ATELIER 57's performance of all or part of its obligations shall be suspended in the event of a fortuitous event or an event of force majeure within the meaning of Article 1218 of the French Civil Code that would hinder or delay such performance.

 

ATELIER 57 will inform the customer of any such fortuitous event or event of force majeure within seven (7) days of its occurrence. Should this suspension continue beyond a period of fifteen (15) days, the customer would then have the option of cancelling the order in progress, and it would then be refunded within 10 days of that cancellation.

 

 

1. Information

 

The Website is published by ATELIER 57, a limited liability company identified under number 504830027, whose registered office is at 52 rue d'Argout, 75002 Paris.

The Publication Director is Ms Pascale BERTEA.

The hosting provider for the Website is Shopify Inc. Head Office: 126 York St. Ottawa, ON KIN 5T5, Canada.

 

For any question relating to the T&Cs, the Customer may contact ATELIER 57's customer service by e-mail at info@roomservice.fr or by telephone on +33 (0)1 77 11 27 24 (cost of a local call).

 

 

APPENDIX: THE STATUTORY PROVISIONS GOVERNING THE WARRANTY

 

• Article L. 217-4 of the French Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility”.

 

• Article L. 217-5 of the French Consumer Code: “The goods conform to the contract:                                                       
  1° If they are fit for the use ordinarily expected of similar goods and, where applicable:                                        
  - if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  - if they possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by the producer's representative, in particular in advertising or labeling;                           
  2° Or if they possess the characteristics agreed between the parties or are fit for any special use sought by the buyer, brought to the seller's attention and accepted by the seller”.

 

• Article L. 217-6 of the French Consumer Code: “The seller is not bound by the public statements of the producer or of the producer's representative if it is established that the seller did not know of them and was not legitimately in a position to know of them”.

 

• Article L. 217-7 of the French Consumer Code: “Any lack of conformity that appears within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proved otherwise. The seller may rebut this presumption if it is incompatible with the nature of the goods or with the lack of conformity invoked”.

 

• Article L. 217-8 of the French Consumer Code: “The buyer is entitled to require the goods to conform to the contract. The buyer may not, however, contest conformity by invoking a defect that they knew of or could not have been unaware of when contracting. The same applies where the defect originates in materials that the buyer themselves supplied”.   

                 

• Article L. 217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. The seller may, however, decline to proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared with the other option, having regard to the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, by the option not chosen by the buyer”.

 

• Article L. 217-10 of the French Consumer Code: “If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price, or keep the goods and be refunded part of the price. The same option is open to the buyer: 1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint; 2° Or if that solution cannot be implemented without major inconvenience to the buyer, having regard to the nature of the goods and the use they are seeking. Rescission of the sale may not, however, be ordered where the lack of conformity is minor”.

 

• Article L. 217-11 of the French Consumer Code: “ The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. Those same provisions do not preclude an award of damages”.

 

• Article L. 217-12 of the French Consumer Code: “ An action arising from a lack of conformity is time-barred two years after delivery of the goods”.

 

• Article L. 217-16 of the French Consumer Code: “Where the buyer asks the seller, during the term of the commercial warranty granted to them on the acquisition or repair of movable goods, for a repair covered by the warranty, any period during which the goods are out of use of at least seven days is added to the remaining term of the warranty.
• That period runs from the buyer's request for intervention   or from the date on which the goods in question are made available for repair, if that date is later than the request for intervention”.

 

• Article 1245 of the French Civil Code: “The producer is liable for damage caused by a defect in its product, whether or not it is bound by a contract with the victim”.

 

• Article 1245-3 of the French Civil Code: “ A product is defective within the meaning of this Title where it does not provide the safety that one is legitimately entitled to expect. In assessing the safety that one is legitimately entitled to expect, account must be taken of all the circumstances, and in particular of the presentation of the product, of the use that may reasonably be expected of it and of the time when it was put into circulation. A product may not be regarded as defective on the sole ground that another, more advanced product has subsequently been put into circulation”.

 

• Article 1245-16: “An action for compensation based on the provisions of this Title is time-barred three years after the date on which the claimant became aware, or ought to have become aware, of the damage, the defect and the identity of the producer”.

 

• Article 1641 of the French Civil Code: “ The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them”.

 

• Article 1642 of the French Civil Code: “The seller is not liable for apparent defects that the buyer was able to ascertain for themselves”.

 

• Article 1643 of the French Civil Code: “The seller is liable for hidden defects, even if the seller did not know of them, unless, in that case, the seller stipulated that they would be bound by no warranty”.

 

• Article 1644 of the French Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and being refunded the price, or of keeping the thing and being refunded part of the price”.

 

• Article 1645 of the French Civil Code: “If the seller knew of the defects in the thing, the seller is liable, in addition to restitution of the price received, for all damages to the buyer”.

 

• Article 1646 of the French Civil Code: “If the seller did not know of the defects in the thing, the seller shall be liable only for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale”.

 

• Article 1647 of the French Civil Code: “If the thing that had defects perished as a result of its poor quality, the loss is borne by the seller, who shall be liable to the buyer for restitution of the price and for the other compensation explained in the two preceding articles. But a loss occurring by fortuitous event shall be borne by the buyer”.

 

• Article 1647 of the French Civil Code: “If the thing that had defects perished as a result of its poor quality, the loss is borne by the seller, who shall be liable to the buyer for restitution of the price and for the other compensation explained in the two preceding articles. But a loss occurring by fortuitous event shall be borne by the buyer”.