Company name: L’Atelier du Cadeau
Company address: Korte Leidsedwarsstraat 12-16, 1017 RC, Amsterdam
E-mail address: info@atelier-cadeau.com
Chamber of Commerce number: 72755121
VAT identification number: NL002021469B75
1. APPLICABILITY
These terms and conditions apply to orders placed on www.atelier-cadeau.com (the “Website”) by consumers. Please ensure that you carefully read these terms and conditions. It is important that you regularly check for updates. We reserve the right to update these terms and conditions from time to time.
2. ORDERS ON UBER EATS
Orders made via the Uber Eats app are subject to the Terms & Conditions of Uber Eats. For more information please check the Terms & Conditions of Uber Eats here.
3. ORDERS ON THE WEBSITE
3.1 Who can order
To place an order on the Website, you must be: at least 18 years old, a consumer and not a professional reseller. You may be asked for your ID upon delivery of an alcoholic gift.
3.2 How to order
We require you to provide us with an e-mail address to place an order. You may need to set your browser to accept cookies and pop-ups in order to be able to use all the functionalities of the Website such as adding items to your shopping cart and submitting your order. For more information we refer to our Privacy and Cookie Policy. When you submit an order we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these terms and conditions, comes into existence and is binding between you and us (the “Contract”). We recommend you to print or download a copy of these terms and conditions and the Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you in writing and will not process the order.
3.3 Our right to reject your order or cancel a Contract
Fulfillment of an order through the Website is subject to availability of the Product or Service. We expressly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the canceled order.
Example of reason to cancel an order: The product is not available or not in stock; your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within 12 calendar days after acceptance of your order; we have reason to believe you are under 18; we have reason to believe that you are a reseller; there was an error in the price displayed on the Website; we could not deliver to the address provided by you; due to an Event Outside Our Control; or in the event of misspelling, pricing or other errors or mistakes in the Website information.
4. PRICE/PAYMENT
4.1 Payment methods
Please check the available payment methods in the check-out section of the Website. We do not accept any method of payment other than those listed. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
4.2 Payment processing
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be canceled. Payments can only be processed if the billing information can be verified. We retain title in any product(s) until we have received full payment for such product(s).
4.3 Prices and currency
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. Prices are quoted in Euro. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing and/or VAT.
4.4 Total price
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control..
4.5 Price changes
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
5. SHIPPING & DELIVERY
5.1 Delivery – where and when
In the Netherlands and other countries we deliver products from Monday to Friday. We do not ship on certain public holidays.
5.2 Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
6. SHIPPING RATES
6.1 Shipping
Shipping rates are always visible in the check-out section of the website.
7. RETURNS & CANCELLATIONS
7.1 Canceling order before delivery
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact our Customer Service (see footer of the Website). Our customer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
7.2 Returning orders after delivery – defectives
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Returns section of the Website.
7.3 Right of withdrawal
If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 14 calendar days after the product is delivered, without giving us any reason, as long as: the products are unopened and not used in any way; the product is complete and you return in or together with the original packaging, the product is not tampered with or otherwise changed.
For information on refunds, see below. For practical information on how to return, see the Returns section of the Website. If you inform us that you wish to return a product, we shall reimburse to you all payments received and in any event not later than 14 days from the day on which we are informed about your decision to return the products.
7.4 Product exchange
Product exchanges are currently not possible, but you do have the option of returning your product(s). For information on refunds, see below. In order to get another product, you will have to place a new order on the Website.
7.5 Refund information
Refunds will be issued within 14 days after receipt by L’Atelier du Cadeau of the returned product, based on the original form of payment. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. For practical information on how to return and for refund timelines, see the Returns section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
7.6 Risk of return shipment
If you return a product, you are responsible for shipping the product to our distribution center. In case we do not receive the product, we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the company used for shipping.
8. LIABILITY
8.1
If L’Atelier du Cadeau fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
8.2
Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
8.3
In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to: damage to the L’Atelier du Cadeau products or to other materials; reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a); reasonable and demonstrable costs incurred by you to prevent or reduce the damage.
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
8.4
We shall not be liable for damage incurred by a third party resulting from the use of any of the products purchased on our Website. We shall not be liable for damage incurred by you as a result of your improper use of any of the products purchased on our Website.
8.5
Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
8.6
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.
8.7
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. INTELLECTUAL PROPERTY RIGHTS
9.1
L’Atelier du Cadeau owns all intellectual property rights of the Website and in the material published on it. Those works are protected by copyright, design and trademark laws around the world. All such rights are reserved.
9.2
You may print off one copy, and may download extracts of any page(s) from the Website only for using the Website as a shopping resource.
9.3
You can not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you can not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4
L’Atelier du Cadeau’s position as the owner of content on the Website must always be acknowledged.
9.5
You can not use any part of the content on the Website for commercial purposes without obtaining a license to do so from L’Atelier du Cadeau.
9.6
If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. USER GENERATED CONTENT
10.1
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or User Generated Content, on the Website or our Social Media Channels (Instagram, Facebook, TikTok, Pinterest), or if you send such User Generated Content through the Website to L’Atelier du Cadeau, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to L’Atelier du Cadeau. To the extent such transfer is not valid, you grant to L’Atelier du Cadeau, by submitting the User Generated Content to L’Atelier du Cadeau, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
10.2
You warrant that any User Generated Content or other information which you send to the Website or our Social Media Channels is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
10.3
L’Atelier du Cadeau does not, and you agree that L’Atelier du Cadeau has no obligation to review the User Generated Content, that L’Atelier du Cadeau is not in any manner responsible for User Generated Content.
10.4
You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website or Social Media Channels, L’Atelier du Cadeau is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
10.5
Notwithstanding the foregoing, you acknowledge and agree that L’Atelier du Cadeau has the absolute right to monitor User Generated Content posted to the Website and her Social Media Channels in its sole discretion.
10.6
You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify L’Atelier du Cadeau in writing of any objectionable content appearing on the Website or on our Social Media Channels as mentioned before.
10.7
Any use of any content on the Website and our Social Media Channels, including, without limitation, User Generated Content, will be at your own risk.
11. APPLICABLE LAW
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Dutch law. Any dispute shall be submitted to the relevant Court in Amsterdam, The Netherlands.
12. AVAILABILITY ON THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
13. YOUR ACCOUNT AND PASSWORD
13.1
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.
13.2
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
13.3
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Consumer Services at L’Atelier du Cadeau at info@atelier-cadeau.com.
14. LINKED SITES
The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.
15. UPDATE OF GENERAL CONDITIONS
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.
Whenever we revise these general conditions we will keep you informed by mentioning the date of the last update at the end of this page.
16. OTHER TERMS
16.1
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
16.2
You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
16.3
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.4
If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5
We will not file a copy of the contract between us.
17. EVENTS OUTSIDE OUR CONTROL
17.1
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-downs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.2
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
We will contact you as soon as reasonably possible to notify you; and our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.3
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks, in accordance with our cancellation rights.
17.4
Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it, may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.
Last updated on 1 December 2022
