These general terms and conditions of online sales exclusively govern all relationships between the company hereinafter referred to as "ATELIER DES VIANDES" and its customers, users of the website www.atelierdesviandes.com (hereinafter the "Site") who can provide proof of residence in Saint Martin, France.
These general terms and conditions of online sales may be modified at any time at the initiative of the store or the ATELIER DES VIANDES brand.
Prior to any transaction, the customer acknowledges having read these general terms and conditions and expressly declares their acceptance of them by checking the box "I accept the general terms and conditions of sale."
By checking the box "I accept the general terms and conditions of sale," the customer acknowledges that they have the legal capacity to enter into such an agreement or that they have the authorization of the authorized person. By checking this box, the customer also certifies that they are an ATELIER DES VIANDES customer.
The Website is accessible to the Customer 24 hours a day, 7 days a week, year-round, except during maintenance operations.
1- Special Terms and Conditions of Online Sales:
The customer acknowledges having read the special terms and conditions of sale stated on the screen (description of the service or product, price, weight, quantity, color, product specifications, home delivery costs, and limitations on certain product categories) at the time of placing their order, and expressly declares their unconditional acceptance of them. Placing and confirming their order constitutes the customer's full and complete acceptance of the special terms and conditions applicable to the order.
2 - Product or Service Descriptions
2.1 The text accompanying the product photographs reproduces the information appearing on the packaging and cannot in any way engage the responsibility of the store or the ATELIER DES VIANDES brand.
2.2 ATELIER DES VIANDES requests that its customers, despite all due care taken in preparing these descriptions, and particularly in the event that the customer is subject to allergies or discomforts related to certain components used in the manufacture of the products, read the packaging or instructions accompanying the product upon delivery of the order and prior to any use of said products.
2.3 Regarding the product data sheets for the Fruits and Vegetables offered on the website, since arrivals of these fresh products are subject to weather conditions, their characteristics, such as origin, category, or size, may differ from those currently displayed on the website when the order is placed, which represents the characteristics of the most commonly available product. The customer may refuse delivery of this product if its characteristics do not suit them.
2.4 The customer may not dispose of waste electrical and electronic equipment with unsorted municipal waste, due to the presence of hazardous substances in electrical and electronic equipment and their potential effects on the environment and human health. The customer may, however, choose between the various existing collection systems, such as municipal collections, recycling centers, and social economy organizations.
As part of this ecological approach, if the Customer purchases a household electrical or electronic product, ATELIER DES VIANDES undertakes to take back or arrange for the Customer's old electrical or electronic equipment to be taken back, free of charge and within the limits of the quantity and type of equipment sold. However, the Customer must inform ATELIER DES VIANDES when placing their order.
The old electrical or electronic equipment is then transferred to ATELIER DES VIANDES. ATELIER DES VIANDES will then make it available to an eco-organization. This eco-organization will be responsible for the selective processing, recovery, and destruction of the collected electrical and electronic equipment waste, in accordance with regulations.
3 - Username and Password
When placing an initial order, and in order to personalize each customer's experience, a username, corresponding to the customer's email address, and a password must be entered by the customer. The system then verifies its uniqueness and username.
If the customer loses their password, they can click on the "I can recover my password" section, and the system will immediately send it to them by email.
This password is never used to make any payment. It is strictly confidential, and the customer is responsible for its use.
Since the website www.atelierdesviandes.com uses cookies, the customer will not have to authenticate themselves each time they visit, but only if the site was unable to recognize them when they logged in.
4 - Placing an Order
The customer places their order in accordance with the instructions on the website www.atelierdesviandes.com, namely: the customer places their order by adding the products to their shopping cart. To do this, the customer clicks on the arrow below the quantity indicator for the product in question. The order is summarized, including all the elements (the shopping cart and the shopping cart details, as desired), which the customer confirms by clicking on the "order" button.
Furthermore, the customer is offered the option, via the website www.atelierdesviandes.com, to modify the contents of their order, provided that it is "not validated by the customer." By "not validated by the customer," ATELIER DES VIANDES means that the order has not yet been prepared in store. Any modification to the pending order by the customer will result in the cancellation of the transaction previously attached to it and the establishment of a new transaction, giving rise to the same obligations set out in this document.
ATELIER DES VIANDES makes every effort to ensure that the products listed on the Website on the day the order is placed are available in store on the day the order is prepared. However, if one or more of the products ordered are unavailable in store during the preparation of the order, the store may replace this product with an equivalent product, known as a "substitute product," subject to receiving the customer's authorization (an option to be chosen by the customer when placing the order). The customer may refuse any substitute product upon delivery if the product is not suitable.
The price charged to the customer is the price in effect on the day the order is placed. For substitute products, the price charged is the price in effect at the time the order is prepared.
ATELIER DES VIANDES' automatic recording systems are considered proof of the nature, content, and date of the order.
5 - Order Confirmation
ATELIER DES VIANDES confirms acceptance of the order to the customer by one of the following means of its choice: email or postal mail. The sale will only be concluded upon confirmation of the order by ATELIER DES VIANDES.
ATELIER DES VIANDES reserves the right to refuse to confirm the order for any reason whatsoever, in particular, a problem with the order received or a foreseeable problem with the delivery to be made. ATELIER DES VIANDES will inform the customer by any means.
In particular, ATELIER DES VIANDES reserves the right to refuse any order for an amount less than €300 excluding VAT and delivery costs.
Any new order from the customer may only be placed after the customer has paid the amounts due for their previous order in good time.
6- Delivery of ordered products
6.1 Deliveries are made exclusively within the geographic area defined on the Website. The delivery location and date of the ordered goods are chosen by the customer when placing the order, based on the delivery time slots offered by ATELIER DES VIANDES. The delivery date and location chosen by the customer when placing the order will be confirmed by ATELIER DES VIANDES in accordance with Article 5 above.
Any delays experienced by the courier during delivery will result in a telephone call to the customer.
The customer agrees to provide all necessary delivery information (comments, digital code, etc.) to ensure delivery.
6.2 The customer agrees to collect the goods from their home (according to the address provided on the Website), at the times and days agreed with ATELIER DES VIANDES when placing the order. The customer must then provide proof of identity and, if necessary, the number assigned by the system to their order, as it appears on the confirmation.
The customer also agrees to sign the delivery slip, presented in duplicate by the ATELIER DES VIANDES delivery driver, on which they may make any comments they deem necessary. By signing the delivery slip, the customer acknowledges receipt of the order.
The customer may refuse, upon delivery, any damaged, non-compliant, or substitute product, or any product whose characteristics do not suit them, even if the product complies with the order. The customer must then note the reasons for the refusal on the delivery slip. The ATELIER DES VIANDES delivery driver will then recalculate the amount to be paid and enter it on both copies of the delivery slip.
For any complaints after delivery regarding damaged, non-compliant, substitute products, or products whose characteristics do not suit the customer, the customer must contact the ATELIER DES VIANDES store within 24 hours of delivery of the order, by email, telephone, or mail (postmark as proof), using the contact details provided on the website ("Contact" page) and/or on the delivery slip.
6.3 All events, of any nature whatsoever, beyond the control of ATELIER DES VIANDES, such as force majeure, disaster, strike, administrative decision, or transportation shutdown, which tend to delay, prevent, or make the execution of the supply unreasonable, constitute, by express agreement, grounds for suspension or termination of ATELIER DES VIANDES' obligations at its discretion, without compensation to the customer if the event continues beyond one month.
ATELIER DES VIANDES will inform the customer by any appropriate means and as soon as possible of the existence of such an event, allowing the customer to freely cancel their order(s) by simply notifying them in writing by mail or email. Any amounts paid for this order will be refunded within 15 days at the latest.
If ATELIER DES VIANDES is unable to meet the scheduled delivery times, the customer will be informed as soon as possible by any means such as email, telephone, fax, etc.
When delivery of the goods to the customer is not possible due to the customer's fault, ATELIER DES VIANDES reserves the right to charge a fixed contribution to the preparation costs. [In addition, in the case of home delivery, the customer's absence at the agreed times and days will result in the customer losing the delivery costs.]
6.4 The information provided by the customer when creating their account or subsequently provided is binding on the customer. In the event of an error in the recipient's contact information (including first and last name, street address, postal code, city, customer ID, telephone number, or email address), ATELIER DES VIANDES cannot be held responsible for any inability to deliver the order.
Delivery of two or more orders to the same customer's home (same name, same address) on the same day will result in as many home delivery packages as deliveries, unless expressly agreed otherwise by ATELIER DES VIANDES customer service.
7 - Prices and Payment
7.1 The prices of the products invoiced to the customer are those in effect at the time the order is placed. However, it is specified herein that for products subject to weighing, the price invoiced will be the price per kg of the order, adjusted according to the weighing result. The weighing result of the product may differ slightly from the weight ordered, depending on the nature of the product. Any product missing, damaged, or even refused by the customer upon delivery will be deducted from the amount payable.
7.2 The prices of the products and services presented on the Site are indicated in Euros, excluding and including taxes. They are applicable when the order is confirmed by the Customer and do not include shipping costs, which are invoiced as an additional charge and indicated before the final confirmation of the order. Product prices do not include communication costs related to the use of the Site. Product prices include the cost of disposing of waste electrical and electronic equipment in accordance with current regulations.
Prices are subject to the TGCA (French General Tax on Waste), and any change in the legal rate of this TGCA will be reflected in the price of the products and services presented on the Website, on the date stipulated by the relevant implementing decree.
Payment for products can be made in-store by cash, check, bank transfer, or credit card.
For customers ordering for business purposes, a detailed invoice is also provided, in addition to the delivery slip. In the event of a customer refusing an item, the amount payable also corresponds to the corrected amount entered by the delivery person on the delivery slip, replacing the initial amount. In addition, an invoice corrected for the rejected items will be sent to the customer by ATELIER DES VIANDES.
ATELIER DES VIANDES retains ownership of the products until the customer has paid for them in full.
7.3 The customer will be charged shipping costs in addition to the products ordered. The delivery and preparation costs will be indicated on the order form for each delivery to the same customer, at the same address, on the same day and time.
8 - Termination Clause
In the event of non-payment of the amounts owed by the customer, ATELIER DES VIANDES may automatically and immediately suspend the validity of the customer's ID.
9 - Customer Relations
For any questions or difficulties the customer may encounter, the customer may contact the store by email, fax, or telephone.
10 - Personal Information
10.1. CNIL Declaration
In accordance with the provisions of the French Data Protection Act of January 6, 1978, ATELIER DES VIANDES has declared its file containing personal data to the French National Commission for Information Technology and Civil Liberties (CNIL). Under this law, the Customer has the right to access, rectify, or object to the personal data collected concerning them. These rights can be exercised from the Website or by mail addressed to ATELIER DES VIANDES.
10.2. Use of Personal Data
By using the ATELIER DES VIANDES website, the Customer consents to the use by ATELIER DES VIANDES of the personal data concerning them that they have provided, or that are collected through the operation of the Website. This data is necessary for ATELIER DES VIANDES to process the Customer's orders and provide the various services offered. The Customer may, depending on the option(s) chosen, agree to ATELIER DES VIANDES.
Option 1: May send them information and promotional offers from atelierdesviandes.com
Option 2: Share their email address with partners selected by ATELIER DES VIANDES for sales prospecting purposes.
The use of this data by these third parties will be subject to their own terms of use, which the Customer is responsible for reviewing. ATELIER DES VIANDES shall not be held responsible for the use of data transmitted by these third parties, depending on the Customer's authorizations.
The Customer may change their authorizations at any time via the "My Account" section or by contacting Customer Service electronically. In particular, the Customer may unsubscribe from newsletters or refuse all commercial solicitations at any time by clicking on the unsubscribe link included in the message.
ATELIER DES VIANDES collects information through the operation of the website, including information about the Customer's purchases and the pages of the Website that interest them most, in order to conduct analyses that allow it to adapt and personalize its offers.
10.3 Newsletter
If the Customer accepts this upon registration or at any time later by logging into this same section, they will receive promotional offers via the ATELIER DES VIANDES newsletter. The Customer may unsubscribe by clicking on the link provided for this purpose in the newsletter.
11 – Intellectual Property
Any alteration, as well as, without authorization, any reproduction, downloading, copying, modification, or commercial use, in whole or in part, of the various elements of the Website (including editorial content and photos) is prohibited and exposes the perpetrator(s) to prosecution. The General Terms and Conditions of Sale do not authorize under any circumstances the reproduction, modification, or commercial use of the various elements of the Website.
12 - Liability
12.1 General
The detailed product sheet is the sole contractual source. As products are constantly evolving, manufacturers may modify the technical composition and characteristics of product references without notice, which are provided for informational purposes only.
12.2 Operation and Use of the Site
ATELIER DES VIANDES is only bound by an obligation of means regarding the operation and continuity of the Site. ATELIER DES VIANDES shall not be held liable under any circumstances for:
access speeds to the Site from other websites, the speed at which pages on the Site are opened and viewed, external slowdowns, the suspension or inaccessibility of the service, or fraudulent use by third parties of any information made available on the Site.
For events due to force majeure as defined in Article 14, breakdowns and technical problems relating to hardware, programs, and Internet network software may, where applicable, result in the suspension or termination of the service.
If the service offered by the Site proves incompatible or malfunctions with certain software, configurations, operating systems, or equipment of the Customer.
The Customer is solely responsible for their use of the service and shall not hold ATELIER DES VIANDES liable for any claims and/or proceedings brought against them. They undertake to handle any claims and/or proceedings brought against ATELIER DES VIANDES relating to their use of the service.
ATELIER DES VIANDES reserves the right to make any modifications and improvements to its services that it deems necessary or useful and shall not be liable for any damages of any kind that may arise as a result.
Furthermore, ATELIER DES VIANDES reserves the right, without notice or compensation, to temporarily or permanently discontinue any or all services offered on the Site. ATELIER DES VIANDES shall not be liable for any damages of any kind that may arise as a result.
12.3 External Links
The Site may contain hyperlinks to other websites. ATELIER DES VIANDES makes no representations regarding any other website that the Customer may access via the Site and is in no way responsible for the content, operation, or access to these sites.
12.4 Illegal Content / Good Morality
Any action by the Customer intended to restrict or prevent another customer from using or enjoying the Site is strictly prohibited. ATELIER DES VIANDES reminds you that the Customer may only use the Site for legal purposes and is prohibited from publishing or transmitting through the Site any material that is unlawful, harmful, defamatory, pornographic, hateful, racist, or otherwise detrimental to human dignity. If ATELIER DES VIANDES is informed of the presence of illegal content on the Site, it has the right to immediately remove it. ATELIER DES VIANDES also reserves the right to take all necessary measures to enforce its rights. ATELIER DES VIANDES is entitled to conduct electronic monitoring of posted documents and public areas of the Site to verify their compliance with the above requirements.
It is also prohibited to collect or store personal information about other customers.
ATELIER DES VIANDES reserves the right not to fulfill orders that violate public order or morality.
13 – Force Majeure
Force majeure events are deemed to be those that are unforeseeable, irresistible, and external and make it absolutely impossible to perform the sales contract under the stipulated conditions.
All force majeure events, as defined by regulations and case law, constitute grounds for suspension or termination of ATELIER DES VIANDES' obligations if the event lasts beyond one (1) month. ATELIER DES VIANDES shall not be held liable for non-performance of the contract concluded in the event of the occurrence of one of the aforementioned events.
14 - Applicable Law
The General Terms and Conditions of Sale are subject to French law.
In the event of a dispute, the Customer may submit their complaints to ATELIER DES VIANDES' Customer Service Department in order to seek an amicable solution.
Failing an amicable agreement between the Parties, the dispute shall be submitted to the French courts.