PLEASE CHOOSE YOUR DELIVERY COUNTRY, TO KNOW WHICH GTC APPLIES TO YOUR ORDER
Application of these Terms and ConditionsPlease 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.