Terms and Conditions of Use

Commercial conditions

Last revision: 23.11.2023

These conditions

This website (the “Site”) and/or the services, including any mobile applications connected thereto (collectively the “Services”) and any offer or sale of products (the “Products”) through the Site, are owned and operated by Louise Ploderer (hereinafter also referred to as “we”, “us” or “our”). These Terms of Business (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products.
By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any Services. Read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms you will find out who we are, how we sell our Products to you, how you can cancel the purchase contract and what you can do if something goes wrong.
You declare that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are not an adult, you may only use the Services or purchase Products with the consent of your parent or legal guardian.

[For professional users]

4. This site is published by Louise Ploderer, Rue du Couvent 3, 1050 Ixelles, +32 (0) 488 / 796 251, atelier.des.aureoles@gmail.com operating through a SMART activity.

The publishing director is Louise Ploderer.

You can contact us by e-mail: atelier.des.aureoles@gmail.com

This site is hosted by Wix.com

These Conditions are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail.

To use our Site and/or benefit from our Services, you must be at least 18 years old, or the legal age of majority in your country, and possess the legal authority, right and power to enter into these Terms as a binding agreement. You are not authorised to use this Site and/or benefit from our Services if it is prohibited in your country, or by a law or regulation applicable to you.

Additionally, before placing and confirming an order, you must read and agree to these Terms.

You may copy and print these Terms.

Product Description

You need to carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. Photographs, drawings and descriptions of the Products and/or Services are provided for purely indicative purposes and do not bind us.
We invite you to refer to the information and instructions for use which appear on the packaging, labels and accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these instructions for use of the Products and/or Services provided on our website.

Purchase of Products

Any purchase of Products is subject to the Conditions applicable at the time of this purchase.
When purchasing a Product: (i) it is your responsibility to read the full listing of items before committing to purchase them; and (ii) placing an order on the Site (by completing the payment process by pressing the “Buy” button or similar button) may result in a legally binding contract for the purchase of the relevant Product, unless otherwise indicated otherwise in these Terms.
You can choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur, at any time. These changes do not affect the price of Products that you have already purchased before. During checkout, you will be presented with a summary of all the Products you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all of the products, the applicable value added tax (VAT) and shipping costs, as applicable. The checkout page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or change quantities. If necessary, you can also identify and correct input errors using the edit function before making your order permanently binding. Any delivery time stated shall apply from receipt of your payment of the purchase price. By pressing the “Buy” button, you place a binding order to purchase the advertised Products at the price and shipping costs indicated. To complete the order process by clicking on the “Buy” button, you must first accept these Terms as legally binding on your order by checking the corresponding box.
We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarised again and which you can print or save using the corresponding function. Please note that this is an automatic message and only documents that we have received your order. It does not indicate that we accept your order.
The legally binding contract for the purchase of the Products is only formed when we send you notice of acceptance by email or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submitting your order (e.g. money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the order process, as described above, by pressing the "Buy" button.
You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable standards in our industry (e.g. PCI DSS). You will be able to identify your card stored in this way by its last four digits.

Delivery of Products

We can deliver our products worldwide.

Prices and delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen:

Delivery rates comply with bpost rates and adapt according to the different weights and destinations of the products.

The applicable prices and delivery times will be communicated to you before confirming your order.

Coupons, Gift Cards and Other Offers

We may from time to time offer coupons, gift cards or discounts and other offers (the “Offers”) with respect to our Products. These Offers are only valid for the duration that may be indicated therein. The Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Refund and Return Policy

You have the right to withdraw without giving reason for 14 days from receipt of the Product or the date on which you signed the service contract.

To exercise your right of withdrawal, you must notify us of your decision by e-mail at atelier.des.aureoles@gmail.com within the allotted time frame. If you can describe as precisely as possible the reason for your withdrawal, this greatly helps us avoid this type of inconvenience in the future. If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

You must return the Products as quickly as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will issue a full refund within 14 days, with the exception of return costs, which will remain your responsibility.

In addition, please note that the following Products cannot be returned: custom-painted candles and any other products manufactured and personalised for you and at your request. Products that have traces of use (for example postcards that have already been written on or Advent calendars whose small doors have been partially opened).

Product Warranty

If the Product is affected by a hidden defect, you are entitled to act on the basis of the guarantee provided for by articles 1641 et seq. of the civil code for two years from the discovery of the defect. A hidden defect implies that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have purchased it or would have given a lower price if you had been aware of the defect. This also implies that you were not aware that the defect existed at the time you purchased the Product.
As a consumer, you benefit from the legal guarantee of conformity under the conditions of article L. 217-4 et seq. of the Consumer Code. The legal guarantee protects the consumer when he purchases a product which does not conform to its description, or which is not suitable for the normally intended use, due to defects in conformity at the time of delivery. You have two years from delivery of a Product to act on the basis of the legal guarantee of conformity. You can request repair or replacement of the Product, except within the framework of the provisions of article L. 217-9 paragraph 2 of the Consumer Code. If repair or replacement of the Product is impossible, you can promptly return the Product to us for a full refund. During the 24 months following delivery, you do not have to provide proof of the existence of the alleged defect.
Except for cases as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim any other warranties or conditions, whether made orally or in writing, including, but not limited to, regarding accuracy, timeliness, completeness, results, performance, absence of errors or interruption of performance, title, non-infringement, quality, quality of information, peaceful enjoyment, merchantable quality or fitness for a particular purpose (even if we have been informed of such use), as well as all representations, warranties express or implied or other conditions arising from the course of performance, the conduct of the business or commercial usage.

Intellectual property

Our Services and related content (and any derivative works or improvements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music , videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned by us or under our license (collectively, “Our Intellectual Property”), and nothing contained herein grants you any rights in relation to Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
If the Products include digital content such as music or videos, you will be granted the rights indicated for that content on the Site.

Exclusion of warranty for the use of the Site and Services

The Services, Our intellectual property and all materials, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defaults. We do not guarantee that our free Services will be provided uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for Products you have purchased from us, as set out in the “Product Warranty” section above, will not be affected.

Compensation

You agree to defend and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to reasonable attorneys' fees). ) arising from or relating to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault .

Limitation of liability

To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or the results of use of this site, (iii) any websites linked to this Site or the materials on such linked websites.
We cannot be held responsible for a delay or failure to fulfill our obligations arising from these Conditions if this delay or failure results from a cause beyond our control and/or from a case of force majeure within the meaning of of article 1216 of the Civil Code.

Modification of the Conditions or Services; interruption

We reserve the right to modify these Terms from time to time, in our sole discretion. You must therefore consult them regularly. If we materially change these Terms, we will notify you that the material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future versions of the Terms, do not access or use the Site or Service.
We may change the Services, stop providing the Services or any features of the Services we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account when taking such action.

Links to third party sites

The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, any links they contain, or any changes or updates thereto. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for your convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

Applicable law

These Terms shall be governed and construed in accordance with the laws of Belgium, excluding its conflict of law rules.
If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: atelier.des.aureoles@gmail.com

If, after contacting us, you consider that the problem has not been resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. the consumption. To submit your request to the Consumer Ombudsman, complete the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Miscellaneous

No waiver of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default.
The section titles used in these Terms are for convenience only and have no legal substance.
Unless otherwise stated, if any part of these Terms is found to be unlawful or unenforceable for any reason, it is agreed that that part of these Terms will be severed, while the other terms of these Terms will not be affected and will remain in force.
By accepting the Conditions, you undertake not to challenge the probative value of documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered evidence of communications, orders and payments made between us.
Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code.
You may not delegate your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.
The provisions of these Terms, which by their nature should survive any action on our part, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this “Miscellaneous” article.

To contact us, send an e-mail to: atelier.des.aureoles@gmail.com