Effective as of 12/07/2023 – Drafted by LegalPlace for EI Maxime Bonicel

ARTICLE 1 – Scope

These Terms and Conditions of Sale (referred to as "T&Cs") apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers ("The Customers" or "The Customer") wishing to purchase the products offered for sale ("The Products") by the Seller on the website https://ateliermaximeb.com/. The Products offered for sale on the website are the following:

Decorative and furnishing items

The main characteristics of the products—particularly specifications, illustrations, and indications of dimensions or capacity—are presented on the website https://ateliermaximeb.com/, which the customer is required to read before ordering.
The choice and purchase of a Product are solely the Customer's responsibility.
Product offers are valid within the limit of available stock, as specified when placing the order.

These T&Cs can be accessed at any time on the website https://ateliermaximeb.com/ and will prevail over any other document.
The Customer declares having read and accepted these T&Cs by checking the appropriate box before completing the online ordering process on the website https://ateliermaximeb.com/.
Unless proven otherwise, the data recorded in the Seller's IT system constitutes proof of all transactions entered into with the Customer.

The Seller's contact details are as follows:
Bonicel Maxime
11 rue des noyers
Registration number: 53847334900065
Email: contact@studio-mb.fr
Phone: 0676919263
Intra-Community VAT Number: FR04538473349

The Products displayed on the website https://ateliermaximeb.com/ are offered for sale to the following territories:
European Union member states.
For orders delivered to a country other than mainland France, the Customer is considered the importer of the relevant Product(s).
For any Products shipped outside the European Union and French Overseas Territories, the price will automatically be calculated excluding tax on the invoice.

Customs duties, local taxes, import duties, or state taxes may apply. These remain solely the Customer's responsibility and will be at their expense.

ARTICLE 2 – Prices

Products are supplied at the current prices shown on the website https://ateliermaximeb.com/ when the order is recorded by the Seller.
Prices are indicated in Euros, exclusive of VAT (VAT not applicable, art. 293B of the CGI)
Prices take into account any discounts granted by the Seller on the website https://ateliermaximeb.com/.
These rates are firm and non-adjustable during their validity period, but the Seller reserves the right to change prices at any time outside of this period.

Prices do not include processing, shipping, transport, and delivery fees, which are billed in addition under the terms set out on the site and calculated before
the order is placed.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
An invoice is drawn up by the Seller and provided to the Customer upon simple request to the seller.

ARTICLE 3 – Orders

It is up to the Customer to select the Products they wish to purchase on the website https://ateliermaximeb.com/, following these steps:
• Choose items and add them to the cart
• Confirm cart contents
• Log into the site if the Customer is not already logged in
• Choose delivery method
• Choose payment method and accept the T&Cs
• Confirm payment.

Product offers are valid as long as they are visible on the site, subject to stock availability.
The sale is considered final only after full payment of the price. The Customer is responsible for checking order details and reporting any errors immediately.
Any order placed on the website https://ateliermaximeb.com/ forms a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an ongoing dispute regarding payment of a previous order.
The Customer can track their order status on the website.

Any cancellation by the Customer can only take place before the products are shipped (without prejudice to the statutory right of withdrawal).

ARTICLE 4 – Payment Terms

Payment is processed through a secure checkout system, as follows:
> payment by credit/debit card

The total price must be paid in full by the Customer on the day the order is placed.

Payment details are encrypted using the security protocol defined by the certified payment provider processing card transactions for the website https://ateliermaximeb.com/.

Payments made by the Customer are only considered final once the funds are fully received by the Seller.
The Seller is not required to ship the ordered products if the Customer has not paid the full amount according to the terms set out above.

ARTICLE 5 – Delivery

The Products ordered by the Customer will be delivered within mainland France or to the following area(s):
European Union.

Deliveries are carried out within 2 to 3 business days to the address provided by the Customer during checkout.
Delivery is completed once physical possession or control of the product is transferred to the Customer. Unless otherwise requested or if certain items are temporarily unavailable, orders will be delivered in a single shipment.
The Seller commits to making every reasonable effort to deliver the Customer's ordered items within the timeframe stated above.

If the ordered Products have not arrived within 14 days following the estimated delivery date—for reasons other than force majeure or the Customer's doing—the sale may be cancelled upon written request from the Customer under articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the termination notice, excluding any indemnity or deduction.

Deliveries are handled by an independent carrier to the address provided by the Customer when ordering, provided it is easily accessible to the carrier.
If the Customer arranges delivery through a carrier of their own choice, delivery is deemed complete once the Seller hands over the ordered Products to the carrier,
who has accepted them without reservation. The Customer acknowledges that fulfilling delivery rests with the carrier, and has no warranty recourse against the Seller should any issue arise
with the transport of the goods.

Should the Customer make specific packaging or shipping requests, and provided these are agreed to in writing by the Seller, related costs will be invoiced separately, based on a prior written estimate accepted by the Customer.
The Customer must check the condition of the delivered goods upon arrival. They have 2 days from delivery to submit any claims by email, together with supporting evidence (particularly photos). After this period, and if these steps were not followed, the Products will be deemed compliant and free of visible defects, and no claim can be accepted by the Seller.
The Seller will refund or replace non-compliant, visibly defective, or latent-defective Products as quickly as possible and at their own expense, once properly demonstrated by the Customer, pursuant to articles L 217-4 et seq. of the French Consumer Code and these T&Cs.

Risk of loss and damage transfers to the Customer only once they physically take possession of the Products. Products therefore travel at the Seller's risk,
unless the Customer selected their own carrier, in which case risk transfers as soon as the package is handed over to that carrier.

ARTICLE 6 – Transfer of Ownership

Ownership of the Products transfers from the Seller to the Customer only after full payment of the price has been completed, regardless of the delivery date.

ARTICLE 7 – Right of Withdrawal and Return Policy

The Customer has a period of up to 14 days from the date of delivery to exercise their right of withdrawal. Return shipping costs are the buyer's responsibility. Pursuant to article L221-18 of the French Consumer Code: "For contracts providing for regular delivery of goods over a defined period, the period runs from receipt of the first good."
Returns must be sent back in their original condition and complete (packaging, accessories, instructions, etc.) so they can be resold as new, along with the purchase invoice.
Damaged, soiled, or incomplete Products cannot be accepted. Return shipping costs remain at the Customer's expense.
An exchange (subject to availability) or a refund will be issued within 14 days of the Seller receiving the Products returned by the Customer under the terms of this article.

The right of withdrawal can be exercised online using the withdrawal form below, or via any unambiguous statement expressing the decision to withdraw, sent by mail to the Seller at the address or email indicated in ARTICLE 1 of these T&Cs.

ARTICLE 8 – Seller's Liability – Warranties

Products supplied by the Seller benefit from:
> the legal guarantee of conformity, covering Products that are defective, damaged, or not in line with the order,
> the legal guarantee against hidden defects arising from a material, design, or manufacturing flaw that renders the delivered items unfit for use,

Provisions on legal guarantees
Article L217-4 of the French Consumer Code
"The seller delivers goods that comply with the contract and is liable for any conformity defect existing at delivery. The seller is also liable for any conformity defect resulting from packaging, assembly instructions, or installation when charged with it under the contract or carried out under its responsibility."
Article L217-5 of the French Consumer Code
"The goods conform to the contract:
1° If fit for the purpose usually expected of similar goods and, where applicable:
– matches the description given by the seller and possesses the qualities presented to the buyer as a sample or model;
– presents the qualities a buyer may legitimately expect given public statements made by the seller, producer, or representative, including in advertising or labeling;
2° Or presents characteristics mutually agreed upon by the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the French Consumer Code
"Action resulting from a lack of conformity is time-barred two years after delivery of the goods."
Article 1641 of the French Civil Code.
"The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for its intended use, or reduce this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price, had they known of them."
Article 1648, paragraph 1 of the French Civil Code
"Action resulting from latent defects must be brought by the buyer within two years of discovering the defect."
Article L217-16 of the French Consumer Code.
"When the buyer asks the seller, during the commercial warranty granted upon acquisition or repair of movable property, for a repair covered by the warranty, any downtime period of at least seven days is added to the remaining warranty duration. This period runs from the buyer's request for intervention or the
provision of the property for repair, if later than the request for intervention."
To claim their rights, the Customer must notify the Seller in writing (email or mail) of any non-conformity or hidden defect as soon as it is discovered.
The Seller will refund, replace, or repair covered Products or parts deemed non-compliant or defective.
Initial shipping costs will be refunded based on the invoiced rate, and return shipping costs will be refunded upon presentation of proof of payment.
Refunds, replacements, or repairs for Products deemed non-compliant or defective will be processed promptly, and no later than 2 days after the Seller confirms the defect. Refunds can be made by bank transfer or check.
The Seller cannot be held liable in the following circumstances:
> failure to comply with the legislation of the country where the products are delivered, which is the Customer's responsibility to verify; misuse, commercial use, negligence, or lack
of maintenance on the Customer's part; as well as normal wear and tear, accidents, or
force majeure.
> Photographs and graphics on the site are illustrative and non-binding, and shall not engage the Seller's liability.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 – Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for forwarding them to third parties for Product delivery purposes. This personal data is collected solely for fulfilling the sales contract.
9.1 Collection of Personal Data
The personal data collected on the website https://ateliermaximeb.com/ includes the
following:
Ordering Products:
When the Customer orders Products:
Last name, first name, postal address, phone number, and email address.
Payment
As part of the payment process for Products offered on the website https://ateliermaximeb.com/, financial data relating to the Customer / user's bank account or credit card is recorded.
9.2 Recipients of Personal Data
Personal data is reserved strictly for the use of the Seller and their employees.
9.3 Data Controller
The data controller is the Seller, within the meaning of the French Data Protection Act (Loi Informatique et Libertés) and, as of May 25, 2018, Regulation 2016/679 on personal data protection.
9.4 Limitation of Processing
Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller will keep the collected data for a period of 5 years, covering the statutory limitation period for applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmitted or stored online.
9.7 Exercising Customer and User Rights
In accordance with regulations applicable to personal data, Customers and users of the website https://ateliermaximeb.com/ have the following rights:
They can update or delete their data in the following ways:
By logging into their account or making a request by email.
> They can delete their account by writing to the email address specified in Section 9.3 "Data Controller"
> They can exercise their right of access to see personal data concerning them by writing to the address specified in Section 9.3 "Data Controller"
> If the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the address specified in Section 9.3 "Data Controller"
> They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address specified in Section 9.3 "Data Controller"
> They can also request the portability of data held by the Seller to another provider
> Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must provide a response within a maximum period of one month.
If the Customer's request is refused, reasons must be provided.
The Customer is informed that, in the event of a refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be invited to check a box consenting to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by using the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the website https://ateliermaximeb.com/ belongs to the Seller and partners, and is protected by French and international intellectual property laws.
Any full or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

ARTICLE 11 – Applicable Law – Language

These T&Cs and any transactions arising from them are governed by and subject to French law.
These T&Cs are drawn up in French. If translated into one or more foreign languages, only the French version shall prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any claim, please contact customer support at the Seller's postal address or email provided in ARTICLE 1 of these T&Cs.
The Customer is informed that they may in any case resort to conventional mediation through existing industry mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute.
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, our business has established a consumer mediation system. The appointed mediation body is: CNPM – MEDIATION – CONSOMMATION. In case of dispute, you can file a complaint on their website: http://cnpm-mediation-consommation.eu or by mail writing to CNPM – MEDIATION – CONSOMMATION – 27 Avenue de la Libération 42400 SAINT-CHAMOND

The Customer is also informed that they may use the European Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these T&Cs that cannot be resolved amicably between the seller or through mediation will be brought before the competent courts under ordinary law.