Terms and CONDITIONS OF sale atelierunik.com
- company information
The website www.atelierunik.com (hereinafter the “Site”) is offered to the public by [Coqtail BV] ( “Coqtail”). On the Site, works of art such as photo prints (hereinafter “Product(s)”) are offered for sale directly to costumers. The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter “Terms of Sale”). ATELIER UNIK has registered offices in [Koningin Wilhelminaplein 13 toren 1 verdieping 16], VAT registration NL850883465B01, registered under no.56265557 in the company’s register (“Kamer van Koophandel”).
- general provisions
2.1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “Consumer(s)” or “You”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.3 By submitting a purchase order You hereby accept and undertake to observe, in the performance of the contract with ATELIER UNIK, these Terms of Sale.
- ORDER PROCEDURE AND ACCEPTANCE
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price and the available sizes and frame types.
3.2. To purchase a Product, You shall select the Product(s) of interest and, if any, your choice of its options (such as size, material and frame option). The Product(s) selected for purchase will be added to Your shopping cart. The sales procedure will be considered concluded when You submit the purchase order to ATELIER UNIK by clicking the “Purchase” button at the end of the check-out page.
3.4. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific process indicated on the Site.
3.5. After the submission of the order, ATELIER UNIK will send You an email to the address You entered during the purchase procedure, to confirm that ATELIER UNIK has received the order and it is processing it (the “Acknowledgement Receipt”). Consumers’ orders will be stored on ATELIER UNIK’s database located in Amsterdam (BG) for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting the Customer Services.
Please note that the Acknowledgement Receipt does not constitute acceptance by ATELIER UNIK of Your order. The order will be accepted by ATELIER UNIK and Your credit card will be debited only after the Product(s) You ordered are dispatched. At this point ATELIER UNIK will send You another email where it confirms that Your order has been accepted and the Products have been shipped (the “Order Confirmation”). The paper invoice will be included with the Product.
3.6. ATELIER UNIK reserves the right to refuse orders made by Consumers it considers, in its sole discretion, not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. ATELIER UNIK reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4.1. ATELIER UNIK invites You to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by ATELIER UNIK on the Site may be subject to stock limits and ATELIER UNIK does not guarantee that they will always be available.
4.2. In the event of temporary unavailability of the Products You ordered, ATELIER UNIK will inform You within 5 working days (and in any case, within the delivery time limit as specified under section 6.2 below) by sending You an e-mail or by calling You if You have provided Your telephone number during the purchase process registration. If the Product/s is/are not available, no amount will be deducted from Your credit card. If the purchase amount has already been charged, a refund will be issued.
- PRICES AND PAYMENT
5.1. Prices of the Products available for sale on the Site are in Euros and Your purchases on the Site will be made in Euros. ATELIER UNIK will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
5.2 While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that errors may occur. If an error in the price of the Products You ordered is identified after ATELIER UNIK sent You the Acknowledgement Receipt but before the Order Confirmation, ATELIER UNIK will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If ATELIER UNIK is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after ATELIER UNIK sent You the Confirmation Order will not affect Your purchase.
5.3 All prices of the Products are inclusive of VAT but not of shipping costs which will be charged separately. Shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs, as well as any other applicable tax, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4. AtelierUnik only accepts payment by the following online methods: Visa, MasterCard, iDeal
5.5. The purchased Products will only be sent after the Consumer’s credit card data have been verified or only after having received the charging authorization from Your bank. The charge will in any case be made only after dispatch of the Products ordered.
6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, ATELIER UNIK will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2.All purchases will be delivered by ATELIER UNIK’s selected courier service (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability.
Products will be delivered within 10 (ten) business days from the Order Confirmation. In any case, ATELIER UNIK will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
6.3. In the event You do not receive the Products within 10 (ten) business days following receipt of the Order Confirmation, we invite You to contact [Atelier Unik]. Atelier Unik reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.
- CHANGES TO terms, errors in information
7.2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. ATELIER UNIK reserves the right, at any time and without notice to You, to correct such errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.
7.3 In the event that Your credit card is charged for a cancelled order, You will be promptly informed by ATELIER UNIK at the email address provided during the purchase process registration and a refund will be issue to Your credit card within 30 days.
- CONFORMITY OF ORDERS
8.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
8.2 Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing with respect to the Transport Document, non-conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note.
In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.
8.3. In the event that any Defect is identified after delivery, the Consumer may return the Product to ATELIER UNIK following the procedure described under Section 10 below.
- RIGHT OF WITHDRAWAL
9.1. Consumers are entitled to withdraw from the purchase contract concluded with ATELIER UNIK through the Site without the payment of any penalty and without any reasons, within 14 (fourteen) days from the date of receipt of the Products purchased on the Site. When exercising the right of withdrawal Consumers are not allowed to change the purchased Product with another Product.
9.2. In order to exercise the Right of Withdrawal, Consumers are required to send an e-mail to the following addres email@example.com specifying:
(i) their desire to exercise the right of withdrawal;
(ii) the description of the Products for which they wish to exercise the right of withdrawal;
(iii) the identification number of the purchase order communicated by ATELIER UNIK with the Acknowledgement Receipt/Order Confirmation;
and shall follow the procedure described under section 9.6 below.
9.3. A refund will be issued to the purchaser of the Product, provided that Products are returned unused and in the same condition in which they were delivered, and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
9.4 ATELIER UNIK reserves the right to inspect the Products returned and to refuse the return of those Products that do not comply with the requirements specified in 9.3 above
9.5. A full refund, including the original shipping costs, will be issued to the same means of payment used for the purchase as soon as possible and in any case within 30 (thirty) days from the date on which ATELIER UNIK first has knowledge of the exercise of the right of withdrawal by the Consumer, and provided that the conditions described under section 9.3 above have been met.
In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment.
9.6. To return the Products to ATELIER UNIK, Consumers shall follow the procedure described below:
- Check the presence of the commercial documents accompanying the Products within the package;
- Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier;
- Require to the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Atelier Unik will be borne by Atelier Unik.
If the consumer elects not to use the Courier used by ATELIER UNIK, ATELIER UNIK recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by the Consumer and ATELIER UNIK will not be liable for refunding the price of Products sent by the Consumer that have not been received by ATELIER UNIK as a consequence of loss, theft or damage not attributable to ATELIER UNIK.
Products shall be returned to the address: [Coqtail BV– Koningin Wilhelminaplein 13 – Toren 1 verdieping 16 – 1062HH Amsterdam]. You are required to put the entire address on the return item packaging. Without the missing Company information your Product cannot be returned.
- LEGAL WARRANTY FOR NON-CONFORMITY PRODUCTS
10.1 The Products offered for sale on the Site are covered by the two-years legal warranty starting from the date Consumers receives the Products (“Legal Warranty Period”), which covers any defect or non-conformity of the Products. If a Product delivered to a Consumer is found to be faulty or different from the Product ordered (“Defective Product”), Consumers will have the right to return the Defective Product to ATELIER UNIK for a replacement or a full refund at no additional costs. If replacement is not an available remedy, Consumers will be only entitled to claim termination of the purchase contract and obtain a full refund of the Product price, including original shipping costs and costs for returning the Defective Products to ATELIER UNIK. The refund will be issued as soon as possible and in any case within 30 days from the date the Defective Products have been returned to ATELIER UNIK.
10.2 Return of Defective Products for a replacement or full refund must always be made in the following way:
- (a) Consumers will be required to inform ATELIER UNIK of any defect or non-conformity in the Products purchased on the Site within two months from the date the defect or non-conformity is discovered – provided the defect or non-conformity arises within the Legal Warranty Period – by writing to the following e-mail address: [firstname.lastname@example.org], describing the defect and indicating the type of remedy (replacement or refund) required;
- (b) Defective Products shall be returned by Courier that ATELIER UNIK recommends – insuring the Products in the case that the Consumer elects not to use ATELIER UNIK’s Courier – to the following address: [Coqtail BV. – koningin wilhelminaplein 13 – toren 1 verdieping 16 kantoor 8 – 1062 HH Amsterdam]
10.3 If the Consumer elects to use a courier different from the ATELIER UNIK’s Courier, ATELIER UNIK will not be liable for any loss of the Product.
10.4 ATELIER UNIK reserves to check the Products returned to verify the existence of the defect or non-conformity and may return the Product to the Consumer in the event that it assesses that no defect or non-conformity exists.
10.5 Products offered for sale on the Site are supplied “according to availability”. Save for the legal warranty under section 10.1 above, ATELIER UNIK does not provide any guarantee, whether express or implied, that goes beyond the description of the Products included in the purchase order.
- GOVERNING LAW AND JURISDICTION
11.1. These Terms of Sale are governed by the law of the Netherlands without prejudice to any other prevailing mandatory law of the country where the Consumer has its residence. Any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between a Consumer and ATELIER UNIK pursuant to these Terms of Sale, will be submitted to the exclusive jurisdiction of the competent court of the place where the Consumer is domiciled or resident or, at the Consumer’s choice, the court of Amsterdam.
11.2. If any of the provisions contained in these Terms of Sale is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.
12.1. If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact ATELIER UNIK customer service at [email@example.com].