Terms of sale

This English translation is provided for convenience only. In the event of any discrepancy, the French version prevails.

Preamble and identity of the seller

These general terms and conditions of sale (hereinafter the “Terms of Sale”) apply to all sales of products concluded on the website atelier189.com (hereinafter the “Site”) between the seller and any natural person acting for purposes outside the scope of their commercial, industrial, craft or professional activity (hereinafter the “Customer” or the “Consumer”).

The products are created and sold under the Atelier 189 brand by Karelle FORESTIER, an entrepreneur supported by the business incubator GEAI under a business project support contract (CAPE). Accordingly, the sale is legally carried out by the incubator:

  • GEAI - groupement d’entrepreneurs (group of entrepreneurs), association loi 1901 (non-profit association under the French law of 1901)
  • Registered office: 36, allée Vivaldi, 75012 Paris - Tel.: 01 43 55 09 48
  • SIRET: 433 545 357 000 33 - NAF code: 9499Z
  • Intra-Community VAT number: FR 40 433 545 357
  • Incubatee number: 4087a 
  • Order and customer service contact: contact@atelier189.com

The Site is hosted by Shopify International Limited. The Atelier 189 brand designs and sells bags, baskets, tote bags, pouches and charms decorated with hand-crocheted elements, as well as personalisable pieces.

Any order placed on the Site implies the Customer’s full, complete and unreserved acceptance of these Terms of Sale, in the version in force on the date of the order.

Article 1 - Purpose and scope

These Terms of Sale govern the rights and obligations of the parties in connection with the distance selling, by electronic means, of the products offered on the Site to consumers. They prevail over any other document. The seller reserves the right to amend them at any time; the applicable Terms of Sale are those in force on the date of the order.

Article 2 - Products

The products offered are hand-crocheted artisan pieces. As each piece is handmade, slight variations in shade, stitches, dimensions or appearance may exist from one piece to another: these are inherent to handmade work and shall not be regarded as defects.

The essential characteristics of each product (materials, indicative dimensions, care, production time) are set out on the corresponding product page. Photographs and visuals are not contractually binding, in particular owing to variations in how colours are displayed on screen and to the unique nature of each piece.

Products are offered while stocks last. As many pieces are one of a kind, their availability is shown on the product page.

Article 3 - Prices

Prices are shown in euros, inclusive of all taxes (TTC), excluding delivery charges. For all deliveries, in France as in the other countries of the European Union, prices include French VAT at the applicable rate. Delivery charges are shown to the Customer before the order is confirmed and are invoiced in addition. The total amount due (products + delivery) is summarised before payment.

Products are invoiced on the basis of the prices in force at the time the order is confirmed. The seller reserves the right to change its prices at any time.

Article 4 - Orders

The Customer selects the products, adds them to their basket, enters their contact details and delivery address, chooses the delivery method, reads and accepts these Terms of Sale, then confirms and pays for their order. Confirmation of the order constitutes acceptance of the Terms of Sale and conclusion of the contract of sale. A confirmation email summarising the order is sent to the Customer.

As many pieces are one of a kind, a piece may no longer be available after the order has been confirmed. In that case, the Customer is informed without delay by email and refunded in full within fourteen (14) days, without any further compensation. The seller also reserves the right to refuse or cancel any order in the event of a previous payment dispute or manifest bad faith. The data recorded by the seller constitutes proof of the transaction.

Article 5 - Personalisation (initials and made-to-order pieces)

Certain pieces may be personalised at the Customer’s request (embroidered initials, made-to-order design via the “Design your piece” form). The Customer is solely responsible for the personalisation details they provide.

In accordance with article L.221-28 3° of the Code de la consommation (French Consumer Code), pieces that are personalised or made to the Customer’s specifications are not covered by the right of withdrawal and can be neither returned nor refunded, except in the event of a lack of conformity. This information is restated on the product page and before the order is confirmed.

Article 6 - Payment

Payment is made online, in full at the time of ordering, by bank card (via the secure Shopify Payments payment solution) or by PayPal. The order is only definitively recorded once authorisation has been confirmed by the payment centres concerned.

Transactions are secure; the seller never has access to the Customer’s bank details, which pass in encrypted form through the payment provider. If payment fails or is refused, the order is automatically cancelled.

Article 7 - Production and delivery

As each piece is hand-crocheted, a production time is stated on the product page (generally around two weeks for a piece made to order; a piece that is available and ready ships within two to three working days). Transit time is added to this production time.

Products are delivered in metropolitan France and in the Member States of the European Union, to the address given by the Customer. Rates and delivery times by destination are set out on the Shipping page. In accordance with article L.216-1 of the Code de la consommation, the seller delivers without undue delay and no later than thirty (30) days after the conclusion of the contract, unless a longer production time is clearly stated and accepted on the product page.

In the event of late delivery beyond the announced time, the Customer may, after having requested the seller to perform within an additional reasonable period and the seller having failed to do so, terminate the contract and obtain a refund (articles L.216-6 et seq. of the Code de la consommation).

In accordance with article L.216-4 of the Code de la consommation, risk passes to the Customer when they take physical possession of the product. On receipt, the Customer is invited to check the condition of the parcel and to report any damage to the seller and to the carrier as soon as possible.

Article 8 - Right of withdrawal

In accordance with articles L.221-18 et seq. of the Code de la consommation, the Customer has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to give reasons for their decision or incur any penalty.

To exercise this right, the Customer notifies their decision by means of an unequivocal statement: via the online form “Withdraw from the contract here”, available at the bottom of every page of the Site, by email to contact@atelier189.com, or using the model form set out in the appendix. The seller sends the Customer an acknowledgement of receipt of their withdrawal by email without delay.

Exceptions (article L.221-28 of the Code de la consommation): the right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalised (pieces embroidered with initials or made to order).

Article 9 - Legal guarantees

Independently of any commercial guarantee, the seller remains bound by the legal guarantee of conformity (articles L.217-3 et seq. of the Code de la consommation) and the guarantee against hidden defects (articles 1641 et seq. of the Code civil, the French Civil Code).

“The consumer has a period of two years from delivery of the goods to take action under the legal guarantee of conformity. The consumer may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L.217-12 of the Code de la consommation. The consumer is exempt from proving the existence of the lack of conformity during the twenty-four months following delivery of the goods. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The consumer may decide to invoke the guarantee against hidden defects in the goods sold within the meaning of article 1641 of the Code civil; in that case, the consumer may choose between cancellation of the sale or a reduction in the price in accordance with article 1644 of the Code civil.”

For your information: the legal guarantee of conformity covers manufacturing defects or lack of conformity of a piece; it does not constitute a right to return a piece because you have changed your mind, which falls solely under the right of withdrawal (article 8). To invoke a legal guarantee, the Customer contacts contact@atelier189.com.

Article 10 - Returns and refunds

This article sets out the practical arrangements applicable to returns, whether they result from the exercise of the right of withdrawal (article 8) or from a claim under a legal guarantee (article 9).

  • How to return: notify your withdrawal within 14 days of receipt (see article 8), stating your order number. The seller will then send you the return address; the piece must be sent back no later than 14 days after your request.
  • Condition of the piece: new, unworn, unwashed, in its original condition, with its packaging and any labels. A piece that has visibly been worn or is damaged will not be accepted for return.
  • Return costs: borne by the Customer, unless the piece is defective or non-conforming, in which case they are borne by the seller.
  • Refund: all sums paid, including the initial delivery charges, no later than 14 days after notification of the withdrawal, using the same means of payment as for the order. The seller may withhold the refund until the piece has been received or proof of its dispatch has been provided.

Reminder: personalised pieces are neither taken back nor refunded, except in the event of a defect (articles 5 and 8).

Article 11 - Care and handmade nature of the pieces

Care instructions are given on each product page. Hand-crocheted pieces are sensitive to water, excessive rubbing and prolonged exposure to sunlight. Following these instructions is essential for the piece to stay in good condition over time.

Article 12 - Personal data

The personal data collected when an order is placed is necessary for processing it, for delivery and for customer service. It is processed in accordance with Regulation (EU) 2016/679 (GDPR) and the loi Informatique et Libertés (French Data Protection Act). The Customer has the right of access, rectification, erasure, objection, restriction and portability, which they may exercise by writing to contact@atelier189.com. Full details are set out in the Site’s Privacy Policy.

Article 13 - Complaints and consumer mediation

Any complaint may be sent to customer service at contact@atelier189.com. The seller endeavours to respond as promptly as possible.

In accordance with the provisions of the Code de la consommation concerning “the consumer dispute mediation process”, after contacting us and in the absence of a satisfactory response, you may have recourse, free of charge, to a consumer mediation procedure with:

Article 14 — Force majeure

The seller shall not be held liable for any non-performance or delay caused by an event of force majeure within the meaning of article 1218 of the Code civil and the case law of the French courts. The obligations affected are suspended for the duration of the event.

Article 15 — Governing law and disputes

These Terms of Sale are governed by French law. In the event of a dispute, and after seeking an amicable solution (complaint followed by mediation), the consumer Customer may bring proceedings before the court of their choice, in particular that of the place where they resided at the time the contract was concluded or the harmful event occurred (article R.631-3 of the Code de la consommation). If the Customer resides in another Member State of the European Union, the choice of French law does not deprive them of the protection afforded to them by the mandatory provisions of the law of their country of residence (article 6 of Regulation (EC) No 593/2008, known as “Rome I”).

Appendix - Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract)

For the attention of Atelier 189 – contact@atelier189.com (the address for returning the piece will be sent to you on receipt of your request):

I hereby give notice that I withdraw from the contract for the sale of the goods below:

- Order no. ………………………. dated ......................................................

- Name of consumer: ......................................................

- Address of consumer: ......................................................

- Date: ......................................................

— Signature (only if this form is notified on paper): ......................................................