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Terms of Sales

Atelier MAUSI makes the site available to Internet userswww.ateliermausi.com, hereafter “Website”, with the purpose of e-commerce and the sale of ceramic pieces on the Website.

 

Atelier MAUSI, registered with Banque Carrefour de Entreprises under number 0790.338.479, and represented by Loana Schmit, hereinafter the “Seller” on the one hand, and

 

the natural or legal person purchasing products or services from Atelier MAUSI, hereinafter, “the Buyer”, or “the Customer” on the other hand,

 

it was stated and agreed as follows:

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Introduction

The seller creates ceramic pieces for consumers, marketed through the ateliermausi.com website. The list and description of the goods offered by the Seller can be consulted on the aforementioned site.

These T&Cs have been drawn up in accordance with the provisions of the Consumer Code and the Civil Code.
 

Article 1: object

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of creations offered by the Seller Atelier MAUSI.
 

Article 2: General provisions

These General Terms and Conditions of Sale (GTC) govern the sale of creations, made through the ateliermausi.com website, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing the order. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Seller's Website at the following address: ateliermausi.com. By purchasing, the Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to an achievement or a service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under Belgian law or to validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
 

Article 3: Price

The prices of the products sold through the ateliermausi.com site are indicated in Euros and precisely determined on the Product description pages. They are indicated in euros all taxes included (VAT + other possible taxes) on the product order page (in the "basket"), and excluding specific shipping costs. For all products shipped outside the European Union, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Seller reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Seller's Websites are the responsibility of the Customer. Where applicable also the delivery costs.

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Article 4: Products

The essential characteristics of the goods and their respective prices are made available to the buyer on the Seller's Website ateliermausi.com. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products offer as well as their prices is specified on the ateliermausi.com websites. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

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Section 5: Compliance

The information concerning the achievements offered for sale and the price lists are communicated on the Website to the Buyer, subject to subsequent modifications which may be made without notice.

 

Due to the nature of the creations (pieces made entirely by hand, each creation has variations), the photos are not contractual.

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Article 6: Retention of title clause

The achievements remain the property of the Seller until full payment of the price and delivery.

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Article 7: Method of delivery

The achievements are delivered to the delivery address which was indicated during the order and within the time indicated. These deadlines do not take into account the time taken to prepare the order. In the event of a delay in dispatch, the customer will be informed by email of the delay. In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to the reimbursement of the achievements and the "one way" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the product delivered.

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The deadlines are indicated on the Website in working days, excluding postal delivery problems.

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Article 8: Availability and presentation

In case of unavailability of an achievement, you will be immediately informed of the foreseeable delivery times and the order of this article can be canceled on simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.

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Article 9: Payment

Payment is due immediately upon ordering, including for pre-order creations. The Customer can pay by credit card. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.

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Article 10: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the Seller using the following contact details: contact@ateliermausi.com, or via the contact form on the Website. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to reconcile the parties in with a view to obtaining an amicable solution.

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Article 11: Termination of the contract

The order can be resolved by the Buyer by email in the following cases:

  • delivery of a product that does not conform to the characteristics of the order;

  • delivery exceeding the deadline fixed at the time of the order or, in the absence of a date, within sixty days of payment;

  • unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

 

Article 12: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

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Article 13: Force majeure

The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

 

Article 14: Nullity and modification of the contract

If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

 

Article 15: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data which has the purpose of purpose the sale and delivery of confections and services defined in this contract. The Buyer is informed of the following:

  • the identity and contact details of the controller and, where applicable, of the controller's representative: the Seller, as indicated at the top of these GCS;

  • the contact details of the data protection officer:

  • the legal basis of the processing: contractual performance

  • the recipients or categories of recipients of the personal data, if they exist  : the data controller, its departments in charge of marketing, the departments in charge of IT security, the service in charge of the sale, delivery and order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question

  • no transfer outside the EU is planned

  • the data retention period: the time of the commercial prescription

  • the data subject has the right to request from the data controller access to personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to oppose to processing and the right to data portability

  • The data subject has the right to lodge a complaint with a supervisory authority

  • the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision making or profiling is implemented through the ordering process.

 

Article 16: Applicable law and clauses

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to Belgian law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

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