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General Conditions of Sale

PLEASE CHOOSE YOUR DELIVERY COUNTRY, TO KNOW WHICH GTC APPLIES TO YOUR ORDER

Application of these Terms and Conditions​

Please note that certain provisions of these Terms and Conditions will apply differently depending on the country of the delivery address. We have stated the complete terms and conditions that will apply to you according to your country of residence. Please refer to the countries listed below.  
You can contact our Customer Services team regarding any queries relating to these Terms and Conditions and orders you place using the following contact details:

Phone: +33 3 66 74 02 39

Email us via our Customer Services form

Our Customer services team provides support 5 days a week, 9am - 5pm (GMT+1)



1. Delivery to Spain - Envío a España
2. Delivery to Luxembourg - Livraison à Luxembourg
3. Delivery to France - Livraison à la France
4. Delivery to all other countries - Livraison vers tous les autres pays - Entrega en todos los demás países - Lieferung in alle anderen Länder - Consegna in tutti gli altri Paesi - Entrega a todos os outros países




Delivery to all other countries - Livraison vers tous les autres pays - Entrega en todos los demás países - Lieferung in alle anderen Länder - Consegna in tutti gli altri Paesi - Entrega a todos os outros países

Delivery to all other countries - Livraison vers tous les autres pays - Entrega en todos los demás países - Lieferung in alle anderen Länder - Consegna in tutti gli altri Paesi - Entrega a todos os outros países

PREAMBLE
These General Conditions of Sale (referred to below as ‘GCS’) are concluded exclusively between (1) any person effectuating a purchase on the www.atmosphera.com website (referred to below as ‘the Customer’) and (2) Dépôt Bingo S.A.S., with a capital of €300,000, registered on the Beauvais Trade and Companies Register (R.C.S.) under the number 491 127 254, the registered office of which is Parc d’Activité de la Belle Assise, 60480 Oursel-Maison, VAT: FR80491127254, beneficiary of a Web user licence for the brand ‘Atmosphera créateur d’intérieur’ [Atmosphera interior designer], referred to below as ‘Atmosphera’, and the domain name ‘Atmosphera.com’ that is owned by the company JJA.

The Customer hereby formally declares that he or she is a private individual, non-professional, non-trader, of legal age or holder of a parental authorization and that he or she has full legal capacity to contract and place an online order on the website www.atmosphera.com (referred to below as ‘the Atmosphera website’).

Consequently, the creation of a Customer account is reserved to any private individual aged at least 18 years old, acting for purposes that do not fall within the context of his or her commercial, industrial, artisanal, self-employed or agricultural activity. All legal entities and, generally, any person making purchases for professional purposes are, therefore, excluded.

The Customer and Atmosphera agree that their relationship is exclusively governed by these GCS to the exclusion of all other conditions of sale, in particular those of the stores that market Atmosphera products via other distribution channels. As such, the Customer acknowledges to have read the GCS in full and unreservedly accepts its terms.

The Customer acknowledges that any order validated by ‘double click’ implies irrevocable compliance with these GCS. Such validation constitutes the manifestation of the unequivocal will of the Parties, who are deemed to be signatories of the sale-at-a-distance document.
Atmosphera reserves the right to at any time adapt or modify these GCS. Each order will be considered as concluded according to the terms of the GCS that are applicable on the day the order is placed on the Atmosphera website, the date of the online publication of the GCS being considered as the date of their application.
ARTICLE 1. SCOPE OF APPLICATION
The purpose of these GCS is to govern any sale contract concluded on the Atmosphera website between Atmosphera and a Customer having his or her residence in metropolitan France or Corsica relating to products marketed under the ‘Atmosphera créateur d’intérieur’ brand.

The contract is governed by the GCS that are applicable on the date of the order. Atmosphera reserves the right to modify its GCS.
ARTICLE 2. VALIDATION OF THE ORDER ON THE ATMOSPHERA WEBSITE
In order to place an order on the Atmosphera website, the Customer will be guided through the following steps:
  • Selection of products offered on the site in the ‘Shopping Basket’,
  • Choice, when it is proposed, of the method of delivery of the products displayed in the ‘basket’,
  • Presentation of the summary of the order, which can be modified, and its total price,
  • Choice of payment method,
  • Sending of an email to the Customer confirming the order after acceptance of payment.

The email validating the order that is sent to the Customer confirms the acceptance by Atmosphera of the Customer’s order and confirms the formation of the sale contract between the Parties.

Consequently, subject to the right to cancel exercised under the conditions provided for in Arts. L.221-18 and following of the (French) Consumer Code, the Customer is informed that he or she cannot cancel an order that has already been confirmed.

Unless proven otherwise, the information recorded on the computer server of Atmosphera during the placing of the order constitutes the proof of the formation of the at-a-distance contract between the Parties.
ARTICLE 3. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS
The products displayed on the Atmosphera website at any given time are, in principle, considered to be available in stock at such time, except for a limited time offer under a particular operation specifically referred to as such on the product page.

This a priori availability is monitored after the order has been accepted for payment and is confirmed by the sending of the shipment email by Atmosphera.

In the event of the unavailability of one or more products, Atmosphera undertakes to either offer the Customer a new delivery date for the ordered product or products or reimburse them by re-crediting the payment method used during the purchase within 14 calendar days of the order payment. If a technical event prevents the re-crediting of the payment method used, Atmosphera will offer to issue a bank cheque to the Customer in his or her name and send it by letter to the billing address indicated.

The offers of products and prices are deemed to be those displayed at the checkout that is represented by the ‘Basket’ page on the Atmosphera website. Thus, only the price stated on that page, corresponding to that invoiced to the Customer at the time of his or her order, is authentic and commits Atmosphera from a contractual point of view. Therefore, Atmosphera will not be liable in the event of any typographical error on any other page that might occur in relation to graphic and/or promotional elements on the website.


3.1 PRICE
The prices displayed on the Atmosphera website are expressed in euros (€). They are public prices and include all charges that might be applicable in France as at the date of consultation of the said offers. The VAT applied is the VAT that is applicable on the date of the placing of the order. The specific taxes, apart from VAT, that might apply according to any regulations (such as, for example, the furniture eco-tax or the participation eco-tax), are indicated only on the product sheet and the basket page, which is the only page that can be relied on, as stated in the last paragraph of Article 2 above.

All of the prices of the products are displayed on the Atmosphera website exclusive of shipping or assembly costs or any other accessory service. They include only the price of the product itself, as it is described, and its packaging.

Atmosphera reserves the right to modify its prices at any time but commits itself to applying the prices displayed at the moment of the order, subject to availability at such date.

The products remain the property of Atmosphera until full payment of the price.
ARTICLE 4. PAYMENT
4.1 TERMS OF PAYMENT
Whatever the method of payment chosen from among those accepted on our website, the orders will be considered as registered only after validation or reception of the payment.
Therefore, until the payment has been validated by the intermediary chosen by the consumer, the order will not be prepared by Atmosphera services.
 
4.1.1 CASH PAYMENT BY CREDIT CARD
Payment can be made using the following credit cards: Carte Bleue, Visa, Mastercard and Maestro.

The Customer is able to consult the General Conditions of Sale and Use for each of these bank cards on the websites of our partners.

The choice of any of these payment cards implies tacit acceptance of the General Conditions of Sale and Use of such partners.

We invite our customers to refer to them, as Atmosphera cannot be held liable for the conditions defined by these independent partners.
The online payment by credit card is perfectly secure and allows the card’s number, expiry date and security code to be entered, in full confidence, in the spaces provided for that purpose. The credit card details are encrypted by the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted on the network. The payment is made directly with the bank. Atmosphera has no access to such information and cannot keep it on its servers, which is why they are requested again for each new transaction on our website.
 
4.1.2 CASH PAYMENT BY PAYPAL
Payments by Paypal payment cards are allowed on the Atmosphera website, which are made via the partners in question and according to their own general conditions of sale and use of their services.

The choice of any of these payment cards implies tacit acceptance of the general conditions of sale and use of such Partners.

We invite our customers to refer to them, as Atmosphera cannot be held responsible for the conditions set by such independent partners.
Paypal’s general conditions of sale and use.
 
4.1.3. PAYMENT BY BANK TRANSFER ABOVE €500, VAT INCL.
Payment of an order by bank transfer is allowed on the Atmosphera website above a minimum amount of €500, VAT incl. (five hundred euros, VAT included).

If the Customer chooses this method of payment, Atmosphera’s bank account details (IBAN numbers) are sent to the Customer in order to allow him or her to proceed with the transfer.

The acceptance of the payment is, in this situation, subject to the actual reception of the payment in Atmosphera’s bank account.

Atmosphera declines any responsibility for the methods of use of such service, which are exclusively governed by the relationship between the Customer and his or her bank, which the Customer should refer to.
 
4.1.4. PAYMENT BY CHEQUE
Orders on the Atmosphera website cannot be paid for by cheque.
 
4.1.5. PAYMENT IN SEVERAL INSTALMENTS: CETELEM IN 3 INSTALMENTS ABOVE €300, VAT INCL.
Our partner Cetelem offers payment in three instalments.
The use of this instalment payment service is reserved for orders above a minimum amount of €300, VAT incl. (three hundred euros, VAT included) up to a maximum of €3,000 VAT incl. (three thousand euros, VAT included), excluding shipping costs.
The choice of any of these payment cards implies tacit acceptance of their general conditions of sale and use.
We invite our customers to refer to them, as Atmosphera cannot be held responsible for the conditions set by these independent partners.
4.2 PREVENTING FRAUD
Atmosphera reserves the right to verify the validity of the payment before the order is sent by all means that it considers necessary (in particular identity papers, proof of residence, etc).
4.3 PAYMENT INCIDENT
Atmosphera reserves the right to refuse to carry out a delivery or carry out an order that is the subject of a contentious payment.
In the event of fraud, Atmosphera reserves the right to remove any member without any notice or compensation.
ARTICLE 5. DELIVERY
5.1 ORDER PREPARATION TIMES
Atmosphera reserves the right to subcontract all or part of the preparation and shipment of the order to a third party mandated for the performing of such service.

All of the products sold by Atmosphera are deemed to be available in stock. The orders are prepared within 48 working hours from the first working day following the registration of the order as defined in these GCS. Orders that are registered on a Saturday, Sunday or holiday will, therefore, be processed on the next working day.

This time period does not include the time required to organize a rendez-vous with the carrier or the carrier’s delivery time.

All of the time periods referred to on the Atmosphera’s website are 24-hour periods.

The ordered product is delivered to the address contained in the order form that is registered as the ‘delivery’ address.

In the event of an entry error, in particular an erroneous or incomplete delivery address, Atmosphera cannot be held liable for the consequences in terms of delay or the impossibility of delivery. All expenses linked to the reshipment of the products following an entry error by the Customer will be at the exclusive charge of the latter.
 
5.2 DELIVERY TIMES FOR ORDERS
Atmosphera reserves the right to choose the most adequate method of transport according to the nature of the product, its weight and volume, which the Customer declares he or she is aware of and accepts.

The delivery times cannot exceed 30 working days from the date of validation of the payment by the Customer (date of registration of the order).
Delivery times cannot be guaranteed if a force majeure event, as defined by law and case law, occurs. The delivery times do not take into account any procedures verifying the payment by the Customer that might delay the forwarding of his or her order (see Article 4.2).

The announced delivery times start from the moment the order is registered. The expected delivery date is stated at the time of the order and on each of our product sheets. This time period is an average time period that corresponds to the service used for a delivery in continental France. If the Customer is absent, he or she will be responsible for collecting the product from the relevant services.

Where the product is to be sent by carrier to the delivery address indicated by the Customer, the latter indicates when he or she is available to receive the order. The carrier will then contact the Customer as soon as possible to fix a delivery date. Atmosphera cannot be liable for any delays in delivery due to the Customer being unavailable.
 
5.3 DELIVERY TRACKING
The Customer can at any time follow his or her order in his or her ‘My Account’ space on the Atmosphera website using the order number that is sent in the email formally registering the order.

That space allows a precise tracking for each method of transport, the order and its status, in particular in relation to sending or delivery.

It should be noted that as all communications between the Customer and the Atmosphera website are essentially made by exchanging emails, it is essential that the Customer sends Atmosphera a valid and regularly updated email address. Otherwise, Atmosphera cannot be liable for any consequences resulting from the provision of an erroneous or out-of-date email address.

Deliveries are made only in metropolitan France, Corsica, Belgium, Monaco and Spain.
 
5.5 TERMS OF DELIVERY
The deliveries of the Atmosphera products are made according to the Customer’s choice of home delivery or store delivery.

After the validation of the method of transport and before payment of the order, the Atmosphera website will display a summary of the order with the method of transport that the products in question are eligible for and which option was chosen by the Customer.

The cost of the possible or chosen transport methods will then be displayed before payment of the order.

When the order has been duly prepared and is ready for shipment, the Customer will receive an email relating to the shipment of each part of his or her order per the agreed method of transport.

  ⇒ Store delivery

The names and addresses of the professionals offering these services will be provided to the Customer. The Customer will then be able to consult the opening hours for the chosen Store.

For deliveries to a Store, the Customer is responsible for loading the packages into his or her vehicle, which is carried out under the full liability of the Customer. Atmosphera invites the Customer to make sure beforehand that his or her vehicle is able to transport the order. No help or equipment will be provided by the Store, unless a particular Store offers to help loading the goods.
Once the order has been received by the Store, the Customer has 14 calendar days in which to pick up his or her packages. If the Customer fails to do so, the order will be sent back to Atmosphera, which will contact the Customer by email to re-send the order at the Customer’s expense. If the Customer does not reply within seven days of the sending of that email, Atmosphera will consider that the Customer has exercised his or her right of return and will process a reimbursement under the conditions provided for the exercising of the right to cancel (see Article 6-1 of these GCS).

  ⇒ Home delivery

Home delivery is always understood not to include assembly outside the building.

The Customer’s attention is drawn to the fact that Atmosphera products can be bulky. It is therefore important that the Customer who intends to install the Atmosphera products is aware, before the validation of the purchase on the Atmosphera website, of the accessibility of his or her garden, doors, windows, terraces, balcony or any other access or even specific requirements provided for in his or her co-ownership rules.
When the order is registered, the delivery person will contact the Customer to agree on a delivery date. Deliveries are made within 72 hours for deliveries to the outside of the building. This period is counted in working days from the date of the rendez-vous from Monday to Friday 9 a.m. to 5 p.m., with half-day attendance slots.

If the Customer is not present within the time frame agreed with the delivery company, the latter will contact the Customer again to arrange a second delivery time.

If, at the end of this second rendez-vous, the products could not be delivered, they will be returned to Atmosphera. Atmosphera will then send a reminder by email to the Customer for the re-sending of the order at his or her expense. If the Customer does not reply within seven days of the sending of the reminder email, Atmosphera will consider that the Customer has exercised his or her right of return and will process the reimbursement under the conditions provided for the exercising of the right to cancel (see Article 6-1 of these GCS).
In the event of any anomalies at the time of delivery, the Customer is invited to write down all of his or her reservations on the delivery note provided by the carrier. It should be noted that the reservations expressed by the Customer are intended to note the existence and extent of damage at the time or during delivery. In order to be accepted, the Customer must indicate his or her reservations in the form of handwritten, detailed, dated, explicit observations accompanied by his or her signature on the delivery slip.

These anomalies might be, for example:
  • Damaged product: scratches, dents, shocks...
  • Product not in conformity in nature (reference, colour error, etc) or quantity.
 
5.6 DELIVERY RATES
The invoicing of the transport applies a rule of calculation that takes into account, on the one hand, the destination and, on the other hand, the weight of the package.

The prices stated are all in euros (€) and include all taxes and charges, including the VAT rate applicable on the day of delivery.

The amount of the charges is automatically calculated once a product is added to the basket on the basis of a delivery in metropolitan France. The Customer can freely consult the invoicing and the carrier associated with his or her products.

The final calculation of shipping costs for other destinations is made once the post code is entered in the delivery address and before the validation of the order by the Customer.
Specific offers of free shipping are valid only for shipments in continental France, unless specifically stated otherwise.
For any orders for more than €50, the delivery is free only in partner stores identified by the pictogram ‘Comptoir Atmo’ offering this service.
For any orders for less than €50, the delivery will be invoiced at a fixed rate of €5.
 
 
 
 
 
 
 
 
 
 
 
 
 
ARTICLE 6. RIGHT TO CANCEL
6.1. CONDITIONS FOR EXERCISING THE RIGHT TO CANCEL
⇒ Time limit

In accordance with the provisions of Art. L.221-18 of the Consumer Code, the Customer has a period of 14 calendar days in to exercise his or right to cancel, without needing to provide any reason. This period starts the day after the order is received.

For orders for several goods delivered separately or goods comprising multiple lots or parts the delivery of which is staggered over a period of time, the period runs from the receipt of the last item or lot or part.

For contracts with regular deliveries of goods over a defined period of time, the period runs from receipt of the first item.

  ⇒ Exercising the right to cancel

In order to exercise his or her right to cancel, the Customer must inform Atmosphera of his or her decision by sending it, before the expiration of the period of 14 days referred to above, the standard cancellation form provided for such purpose that will have been sent to the Customer with the email validating his or her order (and reproduced in an annex to these GCS) or any other unambiguous statement expressing his or her wish to cancel.

Atmosphera also gives the customer to option of cancelling online by going to his or her personal space, in the section ‘My account’.

  ⇒ Right to cancel exclusions

In application of Art. L.221-28 of the Consumer Code, it is noted that the right to cancel cannot be applied to contracts:
  • 1. for the supply of services fully performed before the end of the cancellation period, the performing of which started after the consumer’s prior express agreement and express waiver of his right to cancel;
  • 2. for the supply of goods or services the price of which depends on fluctuations in the financial market that are beyond the control of the trader and that may occur during the cancellation period
  • 3. for the supply of goods made to the consumer’s specifications or clearly personalized;
  • 4. for the supply of goods that are likely to rapidly deteriorate or expire;
  • 5. for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health reasons;
  • 6. for the supply of goods that, after delivery and due to their nature, are inseparably mixed with other items;
  • 7. for the supply of alcoholic beverages the delivery of which is postponed for more than thirty days and for which the value agreed on at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
  • 8. for maintenance or repair work to be carried out urgently at the consumer’s home and specifically requested by him or her, within the limits of the spare parts and work strictly necessary to meet the emergency;
  • 9. for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
  • 10. for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
  • 11. concluded at a public auction;
  • 12. for the provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that must be provided on a specific date or for a specific period;
  • 13. for the supply of digital content not provided in a physical medium, the performance of which has begun after the consumer has given his or her specific prior consent and has specifically waived his or her right to cancel.
 
⇒ Condition relative to the state of the product

For the exercising of the right to cancel, the returned product must be returned in a state that allows its immediate resale. The product must, therefore, be returned new, with all of the instructions and various accessories that it was delivered with and in its original packaging. Atmosphera reserves the right to refuse to refund the product if all of these conditions are not met.

  ⇒ Refund terms

If the right to cancel is exercised within the period referred to above and in accordance with the provisions in Art. L.221-24 of the Consumer Code, Atmosphera will reimburse to the Customer the price of the returned product or products and the shipping costs for the product or products in question within a period of 14 calendar days of the date on which it has been informed of the Customer’s decision to cancel.

Atmosphera nonetheless reserves the right to postpone the refund until the goods are returned or until the Customer has provided proof of the shipment of the goods, the date applied being the first of these two acts.

The reimbursement will always be made on the basis of the amounts actually paid by the Customer, as stated in his or her invoice. However, Atmosphera reserves the right to refuse to reimburse any additional delivery costs generated by a more expensive delivery method specifically chosen by the Customer where Atmosphera had proposed a standard delivery method.

The shipping costs to be reimbursed will be determined as if the Customer had never purchased the returned product or products.

Lastly, as a matter of principle and unless otherwise requested by the Customer, Atmosphera will process the Customer’s refund by re-crediting the means of payment used for the payment. If it is materially impossible to use such procedure, Atmosphera will issuing a bank cheque to the Customer in his or her name for the amount due and send it by post.

  ⇒ Return shipping costs

As for the return shipping costs, they are specifically payable by the Customer, who acknowledges and accepts this by agreeing with these General Conditions of Sale.

However, as an exception to this principle, Atmosphera will take charge of returns of products deposited by the Customer at a Delivery Point or sent by Colissimo according to the terms stated below.
 
6.2. TERMS FOR RETURNING PRODUCTS
Following the cancellation, the Customer must return his or her product or products to Atmosphera without excessive delay and at the latest within 14 days following the communication of his or her decision to cancel. In order to do so, the Customer should go to his or her personal space, under the heading ‘My Account’, in order to obtain a return number.

This number (‘RET no.: XXXXXXXX’) must then be carefully noted and must be quoted at the time of any return of product for any reason whatsoever. It is specifically noted that the number must not be affixed to the product or its packaging so as not to render the product unmarketable.

In order to ensure proper reception and accelerate the processing of any return, the Customer is invited to respect the following procedure:
  • 1.  Go to the customer area ‘My Account’ and log in.
  • 2.  Contact the customer service via the contact form.
  • 3.  Select the ‘Shipping Department’ section.
  • 4.  Select ‘I wish to request the return of my order’.

The physical return of the products takes place in the same way as the outbound shipment:
  • At the Delivery Point or Colissimo for small products: in the ‘My Account’ section, the Customer has the option of printing the prepaid labels to be affixed to the packages;
  • For returns by carrier, Atmosphera provides the Customer with its network of carriers in order to organize the return of a bulky product. Atmosphera will contact the carrier on behalf of the Customer when the request is received via the form dedicated to such service.

Where the Customer is solely responsible for paying the costs of returning the goods (for example, where the right to cancel is exercised), the carrier will be paid by the Customer by cheque or cash when the goods are collected.
ARTICLE 7. LEGAL WARRANTIES - AFTER-SALES SERVICE
7.1 LEGAL WARRANTIES
In the event of a lack of conformity, the Customer has a period of two years from the delivery of the goods in which to act by choosing between repairing or replacing the goods. However, Atmosphera cannot apply the choice of the buyer if the choice involves a cost that is clearly disproportionate to the other choice, taking into account the value of the goods or the extent of the defect. In such situation and unless it is impossible, it will apply the method not chosen by the Customer.

Defects in conformity that appear within twenty-four months of the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

Where the Customer decides to implement the warranty relating to defects in the item sold in application of Arts. 1641 and following of the Civil Code, as a remedy he or she can choose between the cancellation of the sale or a reduction of the sale price pursuant to Art. 1644 of the Civil Code.

For defects in the delivered product during use, all Atmosphera products benefit from a legal warranty of conformity (pursuant to Arts. L.217-4, L.217-5, L.217-7, L.217-9 and L.217-12 of the Consumer Code) and the legal warranty relating to defects in the item sold (Arts. 1641 to 1648 of the Civil Code) under the conditions provided by law.

 
 
Article L.217-4 of the Consumer Code

The item is in conformity with the contract if it meets the following criteria, as applicable:
1. It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2. It is fit for any specific purpose sought by the consumer, brought to the seller’s attention no later than at the time of the conclusion of the contract and which the latter has accepted;
3. It is delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4. It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code

I - In addition to the criteria of conformity to the contract, the item conforms if it meets the following criteria:

1. It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector in question;

2. Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model prior to the conclusion of the contract;

3. Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5. Where applicable, it is supplied with the updates that the consumer legitimately expects, in accordance with the provisions of Art. L.217-19;

6. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, any person upstream in the chain of transactions or any person acting on their behalf, including in advertising or on the label.

II - However, the seller is not bound by any of the public statements referred to in the preceding paragraph if it proves that:

1. it did not know them and was not legitimately able to know them;

2. at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements; or

3. the public statements could not have influenced the decision to purchase.

III - The consumer cannot contest the conformity by invoking a defect in one or more particular characteristics of the goods that he or she was specifically informed of and that deviated from the criteria of conformity stated in this Article, a deviation to which he or she specifically and separately consented to at the time of the conclusion of the contract.

Article L.217-7 of the Consumer Code

Defects of conformity that appear within a period of twenty-four months of the delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the goods or the claimed defect.

For second-hand goods, the period is twelve months.

Where the contract of sale of an item with digital elements provides for the continuous supply of digital content or a digital service, defects in conformity that appear:

1. During a period of two years of the delivery of the item, where the contract provides for such supply for a period less than or equal to two years or where the contract does not determine the duration of supply;

2. During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period longer than two years.

Article L.217-9 of the Consumer Code

The consumer is entitled to demand that the goods comply with the criteria stated in sub-section 1 of this section.

The consumer requests the seller to bring the item up to conformity, choosing between repair and replacement. The consumer provides the goods to the seller for such purpose.

Article L.217-12 of the Consumer Code

The seller cannot apply the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular:

1. the value that the item would have in the absence of the lack of conformity;

2. the extent of the lack of conformity; and

3. the possibility of choosing the other option without major inconvenience to the consumer.

The seller may refuse to bring the goods up to conformity if it is impossible or would entail disproportionate costs, particularly with regard to 1 and 2.

Where these conditions are not respected, the consumer can, after a default notice, pursue the forced execution of the solution initially requested, in accordance with Arts. 1221 and following of the Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or bring the goods up to conformity is accompanied by reasons in writing or on a durable medium.

Article L.217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in Arts. 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the purpose for which it was intended or which so diminish such use that the buyer would not have acquired it or would only have paid a lower price if he or she had known about them.

Article 1644 of the Civil Code

Pursuant to Art. 1641 and 1643, the buyer has the choice of returning the item and having the price reimbursed or keeping the item and having part of the price reimbursed.

Article 1648, paragraph 1, of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
 
7.2 APPLICATION OF THE WARRANTY
The Customer must contact Atmosphera Customer Services by mail or by telephone, as stated below in Article 7.3, which undertakes to remedy the problem as soon as possible.

In order to benefit from any of these warranties, it is imperative that the purchase invoice for the product and all accessories delivered with the product must be kept.

⇒ Warranty exclusions

When selling a display model, it is agreed that the consumer specifically accepts the product as is with any apparent defects.

Consequently, the consumer cannot obtain any refund or replacement of the said product by invoking the benefit of any warranty with respect to such defects.

Any exhibition model is, therefore, excluded from the scope of application of the legal warranty. Atmosphera remains, however, bound by the legal conformity and defects warranties for the item sold for any defect other than those deemed to have been accepted in the exhibition model.


It should be noted that the warranties do not apply where the damage is linked to one of the following causes:
  • all minor defects that do not make the product unfit for use,
  • any unforeseeable or inappropriate use,
  • any use for professional purposes,
  • any outdoor use of the products, with the exception of certain products for which outdoor use is specifically indicated on the product;
  • discoloration due to light, especially in all fabric products, except when the product is deemed ‘UV resistant’ in its product description,
  • apparent defects that the customer was able to ascertain,
  • apparent defects relating to exhibition models sold as is,
  • wear and tear and the natural aging of Products,
  • the use of abrasive or unsuitable maintenance or cleaning products,
  • failure to comply with the precautions, advice and instructions for use, assembly, maintenance, storage, preservation or protection of the products,
  • shocks or falls of any kind of the Products,
  • all defects or faults resulting from lightning, flooding, fire, torrential rain, storms, hurricanes, floods, hail or any other force majeure event as so assessed by the case law,
  • the addition or replacement of parts that do not comply with those recommended by Atmosphera
  • the modification of the structure of the product itself.
  • intervention or repairs performed on Atmosphera products other than within the scope of the warranty,

Depending on the product and at JJA’s sole discretion, the warranty covers the right to repair, replace or refund the guaranteed product.
 
7.3 ATMOSPHERA CUSTOMER SERVICES
For any information or question, the Customer can contact Atmosphera Customer Services:
  • by phone at 03 65 97 32 50 from Monday to Friday from 9 a.m. to 5 p.m. without interruption.
  • electronically through the contact form after logging into the ‘My Account’ area.

    For all subsequent electronic correspondence and in order to facilitate and accelerate the processing of requests, it is advisable to use the email address used for the Customer account.
  • lastly, by letter to the following address: Atmosphera, Customer Services, ZAC de la Belle Assise, 60480 Ourcel-Maison, France
ARTICLE 8. LIABILITY
For all of the stages in accessing the website, processing the order, delivery, customer service or subsequent services, Atmosphera has an obligation of means only. Consequently, Atmosphera cannot be held liable for any inconveniences or damages inherent in the use of the Internet network, notably any interruption of service, external intrusion or the presence of computer viruses or any force majeure event as defined by the case law.

Moreover, Atmosphera cannot be held liable if the order is not completed or if it is prevented from complying with any of its obligations where a force majeure event, as defined by the case law, occurs and, in particular, in the event of bad weather preventing the delivery of the order.
ARTICLE 9. COMPLETENESS
If any of the clauses of this contract is declared null and void by a change in legislation, regulations or court decision, this will not, under any circumstances, affect the validity of and compliance with all of the other provisions of these GCS.
ARTICLE 10. DURATION
These GCS are applicable for the full duration of the online services and products offered by Atmosphera.
ARTICLE 11. PROOF
The computerized registers that are kept in the computer systems of Atmosphera and its partners in reasonable security conditions will be considered as proof of the communications, orders and payments made between the Parties.
ARTICLE 12. KEEPING AND ARCHIVING TRANSACTIONS
The archiving of purchase orders and invoices is carried out on a reliable and durable support and corresponds to a faithful and durable copy in accordance with Art. 1360 of the Civil Code.
ARTICLE 13. DISPUTES
These conditions are subject to French law.

In the event of a dispute, the Customer and Atmosphera must initially attempt to resolve it amicably. In that fails, the Customer will have the right to resort to mediation with the Mediation and Arbitration Centre of the Paris Chamber of Commerce and Industry (CMAP) either by letter to 39 Avenue Franklin Roosevelt, Paris 75008, or via the URL address: www.cmap.fr.

In all other situations, only the French courts will have jurisdiction.
 
APPENDIX: SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
 
To the attention of ATMOSPHERA - CUSTOMER SERVICE - ZAC de la Belle Assise - 60480 OURCEL-MAISON - France
 
I/We (*) hereby notify my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
- Name of the good :
- Reference of the good :
- Order number :
- Ordered on(*)/ Received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- E-mail address used for the customer account of the consumer(s) :
- Signature of consumer(s) (only if notifying this form on paper)
- Date
 
 
 
 
 
 
 
 
 
 
 
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