Terms of Sales
ARTICLE 1 – DEFINITIONS
The company ACTE 1, whose commercial name is ATERA, hereinafter referred to as “ATERA”, a SAS with a capital of Ten thousand euros (10,000€), whose registered office is at 12 rue des Halles, 64200 Biarritz , registered in the Bayonne Trade and Companies Register under the number 822 671 954.
Customer: natural or legal person who buys ATERA brand products
Seller: Act 1 hereinafter referred to as “ATERA”.
Contract: the provisions of this document as well as those of the Website as completed by the Customer
Parties: the Customer and the seller ATERA
ARTICLE 2 – ORDER
2.1. Acceptance of the Contract by the Customer
Any Order placed with our sales representatives requires the Customer’s explicit and prior acceptance of this Contract. The Customer may save or print out the Contract applicable to his/her Order.
2.2. Acceptance of the Order by the Seller
The Seller shall be entitled to accept orders received by e-mail, telephone or any other means of contact from a Customer.
Once the Seller has received the Customer’s order, the Seller shall send the Customer a commercial proposal specifying the amount invoiced (including all taxes, including the applicable VAT), which shall serve as an acknowledgement of receipt of the order.
In all cases, the Customer’s order shall only be validated once ATERA has issued a purchase order. The order form will only be issued upon receipt of the full payment as defined in article 4.2. On receipt of payment, the order will be entered into the production schedule. The delivery period – as stated in the quotation – will begin on this date.
Our delivery times are given as an indication only and are maintained as far as possible. A delay in delivery, even a significant one, shall not constitute an acceptable cause for refusal of delivery, nor for any action for damages of any kind.
ARTICLE 3 – PRICES
3.1. Description of the products
Prior to placing an Order, the User may consult the website to find out the essential characteristics of the product(s) he/she wishes to order. It is also possible to ask questions by telephone on +33(0)22.214.171.124.87 or by e-mail email@example.com
3.2. Applicable prices
Any Order implies acceptance by the Customer of the prices and descriptions of the products and services offered at the date of the request for a quote. The prices mentioned next to each product offered for sale are expressed in Euros (€), including all taxes, but excluding order preparation and delivery costs. The price of the Order includes the value-added tax (VAT) in force on the day of the Order in the Customer’s territory of residence and, where applicable, the costs of preparing and delivering the Order.
ATERA is free to change the selling price of its products and services at any time. If one or more taxes or compulsory contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products on the ATERA website/catalogue.
However, ATERA undertakes to apply to the Customer the rates and taxes indicated at the time of validation of the Order.
3.3 Custom decoration prices
ATERA offers a whole catalogue of customization options. ATERA makes “your” furniture. If you have a decoration project, an estimate will be issued by ATERA after studying the design. ATERA reserves the right to refuse the project if it considers that it would be too risky in the realization or to issue reservations. If, despite the reservations clearly stated by ATERA, the client still wishes to carry out the decoration project, any anomaly will not give rise to any compensation or refund.
ARTICLE 4 – TERMS OF PAYMENT
4.1. Currency of Payment
The currency of the Sales Order is the Euro (€).
4.2 Payment methods
The Client may pay for the Sales Order by bank transfer to the following account IBAN Code: FR76 1690 6000 2287 0136 2829 574 – Number Account : 87013628295 – Code SWIFT : AGRIFRPP869. All applicable taxes and bank charges shall be borne by the Client.
or cheque to the order of : ACTE 1, indicating the order number in the wording.
4.3 Penalties for late payment
Any delay in payment shall automatically result in the application of a late payment penalty calculated at the rate of 3 times the legal interest rate.
The application of these penalties shall not affect ATERA’s right to recover the sums due by any legal means.
Non-payment, even partial, of a single invoice on its due date shall result in the immediate payment of all sums owed by the client, without prejudice to any other action that ATERA may be entitled to take against the client in this respect.
Any invoice recovered by a legal service shall be increased by a non-reducible penalty clause equal to 15% of the sums due, in addition to legal interest and any legal costs.
A fixed indemnity for collection costs of €40 is applicable (in application of decree n°2012-1115) in addition to the increase provided for in point 3.
ARTICLE 5 – DELIVERY & RETURNS
If nothing is specified on the order, the prices are ex-workshop. The customer must collect his order, at his own expense and by his own means, from our workshop in Anglet, 2 allée des artisans, 64600 Anglet.
The customer will have 3 weeks after notification of the availability of his order to collect it. After this period, the customer will have to pay the sum of 5€ per additional day for the storage of his order.
However, ATERA may arrange for delivery by carrier on behalf of the customer. In all cases, the transport costs, customs duties and risks associated with the transport of the goods to their final destination shall be borne by the customer.
ATERA cannot be held responsible for material damage caused by transport. Complaints will only be accepted within 8 days of receipt of the order. In any case, shipping costs are not refundable.
5.2.a Returns are accepted for all chairs whose colour is part of the ATERA collection. The return will be at the customer’s expense. However, ATERA can arrange transport on behalf of the customer.
5.2.b Custom LUPAs, i.e. LUPAs whose colour is not part of the ATERA collection or with a personalized decoration, are neither exchangeable nor refundable.
ARTICLE 6 -SERVICE
ATERA offers a repair/maintenance service to the customer. The price of labour is 70€ HT/Hour excluding the cost of raw materials.
ARTICLE 7: GUARANTEES – LIABILITY
In accordance with the law, all Products sold by ATERA are covered by the legal warranty for hidden defects, in accordance with the terms of articles 1641 and following of the French Civil Code.
7-1 Legal guarantee of conformity
In accordance with the law, all Products sold by ATERA are covered by the legal guarantee of conformity under the terms of articles L. 211-4, L. 211-5, L.211-9, L.211-12 and L.211-16 of the Consumer Code.
7.2. Free ATERA commercial guarantee:
For the sale of ATERA products, they are guaranteed against manufacturing or material defects for a period of 2 years.
All our products are manufactured in our workshops in a traditional way and are therefore unique. Small defects linked to the production method (irregularity of the joint, burrs on the gel coat, etc.) cannot give rise to any compensation.
7-3 Contractual guarantee – Liability
In any event, the warranty only covers the Products themselves and may only give rise, at ATERA’s discretion, to the replacement or repair of Products recognized as defective, to the exclusion of any other form of compensation.
Furthermore, no warranty shall apply in the event of normal wear and tear, negligence, misuse, defect or poor maintenance, faulty assembly, use not in accordance with the original purpose of the Product, or in the event of unauthorized repairs or modifications carried out by the client or by a third party.
ATERA shall not be held responsible for any indirect or immaterial damage that may arise from the purchase of a Product. ATERA shall not be held liable for the total or partial inability to use the Products, notably due to hardware incompatibility, and shall not be liable for any damages or reimbursement.
ATERA shall not accept any warranty claim without having been able to examine the Product in depth (images, video, real examination).
In all cases, ATERA will only provide a warranty service within a 300km radius of its workshops located at 2 allée des artisans, 64600 Anglet.
Beyond this distance, ATERA will choose to take charge of the defective products and the return of the products in question will be at the customer’s expense. ATERA will not be liable to the customer for any incidental, indirect or consequential damages, including loss of time, loss of use, loss of income, travel expenses, transport costs, food or accommodation. In jurisdictions where these exclusions are limited, ATERA expressly limits its liability for damages to the greatest extent permitted by law.
7.4 Force Majeure
Force majeure which releases ATERA from its obligations is any event of force majeure, as recognized by the courts, or any event which cannot be overcome despite reasonable diligence on the part of ATERA or any act of a third party to the contract. In the event of a case of force majeure, ATERA undertakes to inform the client by e-mail within 7 days of its occurrence.
ARTICLE 8 – COMPLAINTS
For any claim relating to a Product purchased from ATERA, the Client must
– Either contact us by email on our support mailbox: firstname.lastname@example.org or by phone at +33 (0)6 60 67 17 87
– Or by private message on our Instagram page @by_atera
ARTICLE 9 – APPLICABLE LAW
The interpretation, validity and execution of this agreement are governed in all respects by French law.
Any claim, dispute, suit, action, controversy or proceeding of any kind whatsoever between or involving the parties, whether or not arising out of this Agreement (“Claim”), shall be handled exclusively as follows:
a) The Claim shall be examined amicably to see if an agreement between the parties is possible.
b) If the dispute is not settled, the dispute shall be finally settled by any competent French court.