Terms and Conditions

PREAMBLE

This website is operated by Balberg Creation SAS, whose registered office is at Pentone - 20221 Cervione (France) and which is registered in the Bastia Trade and Companies Register under number 930797642.

These general conditions of sale apply to all orders placed with the company Balberg Creation for all items and services offered on the site atelierpetitesformes.com by individuals non-trading. Accordingly, the fact for any person to order a product offered for sale on the website Balberg Creation implies full acceptance of these terms and conditions of sale which the Customer acknowledges having read prior to ordering.
Balberg Creation reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the site atelierpetitesformes.com are those accepted by the Customer at the time of placing his order.

ARTICLE 1: COMPLETENESS

These General Terms and Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions set out in these General Terms and Conditions of Sale. Balberg Creation SAS undertakes for its part to respect its role as a reseller within the framework of the said conditions.

ARTICLE 2: PURPOSE

The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods and services offered by Balberg Creation SAS via its website atelierpetitesformes.com.

ARTICLE 3: SCOPE OF APPLICATION

These General Terms and Conditions govern the sale of products on the day the order is placed by the customer. They apply to all methods of placing orders offered by Balberg Creation SAS. They may be modified by Balberg Creation SAS at any time.

ARTICLE 4: ORDERING

4.1. Capacity to contract

All customers of Balberg Creation SAS declare that they have the capacity to contract under the conditions described below, i.e. that they are emancipated minors or have reached legal majority and are not protected within the meaning of article 488 of the French Civil Code.
Balberg Creation SAS reserves the right to refuse any Order from a Customer with whom a dispute exists or arises during the processing of an order, in particular a payment dispute.

4.2. Acceptance of the conditions by the Customer

These conditions can be read directly on the site atelierpetitesformes.com. On request of the Customer, they can also be sent by e-mail. The fact that the Customer checks the box "I have read the general conditions of sale and I accept them" before validating his order automatically implies the express acceptance by him and without restriction or reservation of these Terms. The Customer acknowledges by this act that he/she has read and understood the present Conditions and accepts them.

4.3. Placing the order

The Customer may place an order with Balberg Creation SAS via the internet 24 hours a day, 7 days a week.
Once the selection of products has been made, and the basket validated, the Customer must :

1. Identify themselves either by entering their email address and password, which are strictly personal, or by providing all the information usually required for online registration

2. Indicate the information necessary for the delivery. This applies in particular to the exact delivery address and any accessibility restrictions of the delivery location (building, code, etc.).

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order by the Customer will be worth proof of the order and payability of the amounts for the products selected in the order. This validation is worth signature and acceptance of all operations carried out on the site atelierpetitesformes.com.

4.4 Information provided when ordering

The Customer is responsible for the accuracy and completeness of the information in his/her Customer account and order to ensure that it is processed correctly. Thus, in particular, the address of the Customer and the delivery address of the order is under his full responsibility. Balberg Creation SAS cannot guarantee the consequences or be held responsible for additional delivery times or additional delivery costs. Any costs incurred by Balberg Creation SAS as a result of errors in the information provided by the Customer shall be borne by the Customer, in particular the costs of re-sending the order.

4.5. Confirmation of the order

An e-mail is automatically sent to the Customer to confirm the order, provided that the e-mail address indicated in the registration form is correct.

4.6. Follow-up of the order

The Customer can check the status of his order at any time by consulting the "My account" section on the atelierpetitesformes.com website. This tracking enables the Customer to find out the status of their order, as well as the status of dispatch or delivery of their parcels. This last delivery tracking is carried out in interface with the Internet tracking means of the carriers. Balberg Creation SAS cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. Nevertheless, ATELIER PETITES FORMES endeavours to make this information as clear as possible and to ensure the best possible transport with its carriers. The Customer may at any time contact Balberg Creation SAS customer service in order to be informed of the progress of his order.

4.7. Proof of order

The computerised registers, kept in the computer systems of Balberg Creation SAS under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

ARTICLE 5: PRODUCT INFORMATION

5.1 Product information and characteristics

In accordance with Article L 111-1 of the French Consumer Code, Balberg Creation SAS endeavours to present as accurately as possible, on the product data sheets, the essential characteristics of the products of which the Customer must be aware.
The photographs and graphics presented on the Balberg Creation SAS website or in the e-mails sent by Balberg Creation SAS are given for information only. In particular, Balberg Creation SAS cannot be held responsible for any difference in colour perception between the photographs or graphics presented and the Products.
The company will do its best to ensure that the photographic representation of the products on the website atelierpetitesformes.com is as accurate as possible. Nevertheless, it is possible that the perception of the Product(s) does not completely correspond to the Product(s), as the latter are handmade in the workshop.

5.2. Prices

Prices are expressed in euros. The price guaranteed to the buyer is the one displayed on the site at the time of purchase.
The price fixed at the time of purchase is firm and definitive. It does not include the participation in delivery costs, which are invoiced in addition and which will be indicated in the order confirmation.
For deliveries within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated including VAT.
No other customs duties or VAT will be payable for delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalogue.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs duties of the country of destination.

ARTICLE 6: PAYMENT

The Customer may pay for his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard) using the Stripe solution. The Customer guarantees Balberg Creation SAS that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. Purchases are debited from the customer's account when the order is processed.
Balberg Creation SAS makes every effort to ensure the security and confidentiality of data transmitted online. To this end, the site uses a secure SSL (Secure Socket Layer) payment method which encrypts your bank details when they are transmitted over the network. You can see that the transmission is encrypted by software as soon as the padlock symbol appears in your browser. The transaction is carried out via the Stripe online payment solution, which alone has access to the bank details provided on the site at the time of payment.
Balberg Creation SAS reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment.
In particular, Balberg Creation SAS reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
As part of an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge, the Customer may be asked to send Balberg Creation SAS a copy of an identity document and proof of address by e-mail. The order will only be validated after receipt and verification by our services of the documents sent. If these documents are not received within 15 days of the order being placed, the order will be deemed cancelled automatically.

ARTICLE 7: LIABILITY

Balberg Creation SAS undertakes to describe the products sold on the atelierpetitesformes.com website as accurately as possible.
The new products offered comply with the French legislation in force and the standards applicable in France.
Balberg Creation SAS may not be held liable in the event of failure to comply with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the products he/she intends to order.
Furthermore, Balberg Creation SAS may not be held liable for any inconvenience or damage relating to the use of the Internet network, such as, in particular, a break in service, the presence of computer viruses or external intrusions or, more generally, any event qualified as force majeure by the courts.

ARTICLE 8: DELIVERY

8.1. Delivery areas

Balberg Creation SAS ships to all countries.

Delivery to France is free for orders over €100.

8.2. Means of delivery in Metropolitan France

For deliveries in Metropolitan France and Overseas, the Customer has two types of delivery methods available: La Poste, with tracking (Lettre Suivie, Frequenceo or Colissimo).

• FOLLOW-UP POST
  The parcel is delivered without a signature to the address chosen by the customer, directly to his mailbox. The Customer will be able to follow the routing and delivery of his/her order using the tracking number given to him/her at the time of shipment.
  The indicative deadline is 48 hours.

8.3. Means of delivery outside mainland France

In Europe and abroad, delivery is made via the carrier: La Poste suivi (Delivengo or Colissimo International).
The costs incurred depend on the country of destination, the weight and the total volume of the items selected. The costs and delivery times are indicated to the Customer before the final validation of the order.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the customer/consignee. They are to be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking the importability of the ordered products under the law of the country of delivery. We recommend that you contact the Customs Service for further information.

8.4. Packaging

The products are packaged in such a way as to comply with current transport standards and to ensure optimum protection of the products during delivery. The Customer is asked to respect these same standards when returning a product, whether for after-sales service or for a return for convenience. In the event of a product return, if we find that the product is returned to us damaged due to packaging of insufficient quality, Balberg Creation SAS may decide to refund only part of the product or refuse to refund it if it is impossible to resell it in its original condition.

8.5. Customer's responsibility

Balberg Creation SAS reminds you that it is the Customer's responsibility to inspect his parcel on receipt in the presence of the delivery person and to notify the carrier and Balberg Creation SAS immediately of any anomaly noted (shock, damaged parcel, delivery date not in accordance with the normal delivery service deadlines). In the event that such information has not been noted on the delivery note presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted a posteriori by Balberg Creation SAS.
The products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information he provides to Balberg Creation SAS, which cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of total or partial strike in particular of the postal services and means of transport and/or communications).

8.6. Delays in delivery due to the carrier

In the event of a delay in delivery in relation to the times announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of La Poste, to see if the parcel is not pending. If necessary, the Customer may contact Balberg Creation SAS Customer Service by telephone or e-mail in order to open a dispute or investigation file to search for the parcel.
Sometimes parcels are lost by carriers. The deadlines imposed by the carriers imply that the Customer declares the loss within 10 days of receipt of the dispatch notice from Balberg Creation SAS. Under these conditions, Balberg Creation SAS is responsible for making the necessary claims with the carrier concerned. Once the claim and the opening of an investigation have been carried out, it may take 3 to 4 weeks to receive a return from the carrier.
If the parcel is found, it will be forwarded immediately to the Customer's home address. If the parcel is not found, the Customer may request the return of the same product (within the period of availability), at the expense of Balberg Creation SAS, or a refund of the amount paid. If the product(s) ordered were no longer available at that time, Balberg Creation SAS will refund the amount of the products concerned by the loss of the carrier.

8.7. Damaged parcels

It is the Customer's responsibility to check the condition of the parcel in the presence of the carrier and to make any necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of reservations, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery. The Customer shall inform Balberg Creation SAS by e-mail as soon as possible, so that Balberg Creation SAS can take the necessary measures as soon as possible.

ARTICLE 9: TRANSFER OF RISK

The transfer of risks to the customer occurs as soon as Balberg Creation SAS hands over the products to the carrier. The products travel at the customer's risk. The same applies in the event of shipment or return of products carriage paid.
During the withdrawal period mentioned in Article 11 below, the Customer is responsible for the goods as custodian. In case of damage or destruction of the product during the custody of the customer, the latter shall suffer all consequences.

ARTICLE 10: FORCE MAJEURE

In addition to those usually accepted by the jurisprudence of the French Courts and Tribunals, the following are considered to be cases of force majeure: total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications, including networks and in particular the Internet.
Balberg Creation SAS will do its utmost to inform the customer of the status of the shipment of his parcel, but cannot be held responsible for any delays caused.

ARTICLE 11: RIGHT OF WITHDRAWAL

The customer has the right to return, at his or her own expense, any products that do not suit him or her within 14 working days of delivery of the order, for exchange or reimbursement, in accordance with article L 121-16 of the French Consumer Code.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have it suffered any deterioration, however slight, and it must be in a perfectly clean state.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically requests a credit note, valid for six (6) months from the date of issue. The refund will be made as soon as possible and at the latest within 14 days of the Customer exercising his/her right of withdrawal. This delay can however be extended by L'ATELIER PETITES FORMES until the reception by L'ATELIER PETITES FORMES of the goods returned by the Customer to the address indicated on the return form, or until the reception by L'ATELIER PETITES FORMES of a proof of dispatch of the Articles by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. In accordance with article L.221-23 of the Consumer Code, the right is exercised by returning the Article, with only the carriage costs remaining payable by the Customer.
For orders delivered in France, Customers may benefit from a prepaid returns voucher in accordance with Article 15 hereof, and (2) in the event of non-conformity of the Articles delivered in relation to the Order (in this case, the return costs shall be borne by Balberg Creation SAS).
The right of withdrawal shall be exercised under the same conditions from the time of the Order and before Delivery.
Balberg Creation SAS suggests that the Customer return its products by registered post or with additional insurance, guaranteeing it, where appropriate, compensation for the products up to their real market value in the event of spoliation or loss of these goods. In all cases, the goods are returned at the Customer's risk. It is the Customer's responsibility to retain all proof of return. The cost of the return is borne by the Customer, who is free to choose the method of shipment.

Return address :

ATELIER PETITES FORMES
Balberg Creation SAS
Manon Barbé Alberger
Pentone 20221 Cervione
France

If the deadlines are not met, Balberg Creation SAS will not be able to reimburse the Customer.
Only items returned in their original packaging in perfect condition for resale (cotton bags, etc.) will be accepted. Consequently, returns of washed and/or worn products, as well as damaged packaging will be refused.
Cancellation may never be exercised if the Articles delivered are Articles that have been, even partially, washed, soiled, damaged or used. Likewise, these Articles returned incomplete, damaged or soiled by the Customer will not be returned or exchanged.
The Articles must also be accompanied by the order number.
The Customer shall only be liable in the event of depreciation of the Article resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.
The refund in case of use of the right of withdrawal will be made by the same means of payment as the one used by the Customer for the initial transaction, unless specifically indicated by the Customer.

ARTICLE 12: GUARANTEE

The new products sold on the site atelierpetitesformes.com benefit from the legal guarantee against hidden defects provided by articles 1641 and following of the Civil Code. Any claim must be made in advance by email via the "Customer Service" section of the site.

ARTICLE 13: PERSONAL DATA

Visitors or Customers of the site atelierpetitesformes.com have at any time a right of access, modification, rectification and deletion of data concerning them in accordance with Article 34 of the law "informatique et libertés" of January 6, 1978.
When the Customer registers or places an order, or as part of other specific operations, Balberg Creation SAS offers Visitors or Customers the opportunity to receive its newsletters, promotional offers and/or to register to be informed of its exclusive sales. The Visitor or Customer may modify his subscription at any time through his personal account, or through the hypertext link at the bottom of the newsletters received by e-mail.
Balberg Creation SAS undertakes to take effective account of changes to subscriptions and cancellations of subscriptions to commercial electronic mail sent by Balberg Creation SAS as soon as possible, depending on the processing required.
Balberg Creation SAS may also offer its Visitors or Customers the opportunity to receive promotional offers from its partners. Balberg Creation SAS may for commercial purposes pass on to commercial partners the identity and contact details of its Users or Customers, only insofar as they have agreed to the disclosure of their personal data. Users and Customers may change their choices at any time on the Balberg Creation SAS website.
Balberg Creation SAS uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to signal a previous visit by the user to the site and to link the user to his personal data left on the site, in particular for the identification of the order basket.
Balberg Creation SAS informs its Customers that the processing of this nominative and/or personal information has been declared to the CNIL under number 1309937 dated 31 July 2008.

ARTICLE 14: INTELLECTUAL PROPERTY

The entire content (text, comments, works, illustrations, images, videos, graphics, sound, etc., including the underlying technologies used) displayed on this site is reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code without the prior authorisation of Balberg Creation SAS. Any total or partial reproduction of the Balberg Creation SAS catalogue is strictly forbidden. Any person with a website wishing to place on its site a simple link referring directly to the site atelierpetitesformes.com must request permission from Balberg Creation SAS. An authorisation given by Balberg Creation SAS will not constitute an implicit affiliation agreement and will not be given on a definitive basis. At the request of Balberg Creation SAS, this link must be removed.

ARTICLE 15: COMPLETENESS OF THE CONDITIONS

A change in legislation, regulations or a court decision rendering one or more clauses of these general terms and conditions null and void shall not affect the validity of these general terms and conditions.

Such a change or finding shall in no way allow the customer to disregard these general conditions of sale. If a condition is not explicitly mentioned, it will be considered as governed by the practices in force in the distance selling sector whose companies are based in France.

ARTICLE 16: APPLICABLE LAW

The present general conditions of sale are governed by French law. In case of dispute, only the French courts will be competent. In case of difficulty or complaint, the customer may contact Manon Barbé Alberger, creator of the ATELIER PETITES FORMES, to find an amicable solution.