General terms and conditions of sale
1. For the site www.nuatelier.com
This Site is published by NU ATELIER, a simplified corporation with a sole shareholder and a capital of 10,000 Euros, registered in the Romans Trade and Companies Register under number 851 080 333, EU VAT number FR27851080333, headquartered at 49 rue des Alpes 26000 Valence (France) and represented by its President, Mrs Claire Roche (« NU ATELIER»).
The general terms and conditions of sale (T&Cs) apply to any use of the Site and any Order placed through the Site. They are provided to Customers when placing an Order and are available for Users at any time on the Site.
Users acknowledge that they have read and understood the T&Cs and hereby agree to be bound by them. The T&Cs take precedence over any other contractual documents issued by Users.
NU ATELIER reserves the right to modify, at its sole discretion, the T&Cs at any time by publishing the new version on the Site. Users are responsible for reviewing the amended T&Cs and should familiarise themselves with these changes. Any visit to or Order from the Site following such modifications of the T&Cs shall constitute the User’s acceptance of the new T&Cs.
Customer means any natural or legal person placing one or more Orders on the Site;
Order means the Customer’s firm order for the purchase of one or more Products available on the Site. The creation of an account is not necessary for placing an order;
Content means the content (text, sounds, photographs, videos) posted online on the Site by NU ATELIER and belonging to it;
Personal Data means any personal data relating to a natural person which could allow them to be identified, directly or indirectly;
Products mean jewelry items and, more generally, the products offered for sale by NU ATELIER through the Site. All of the Products offered for sale on the Site are new. They are subject to copyright and may also be subject to design registration. As such, these intellectual property rights are and remain the full property of NU ATELIER and Mrs Claire Roche. The purchase of these Products does not constitute any transfer of these rights under any circumstances;
Site means the NU ATELIER e-shop, which can be found at www.nuatelier.com, where Users can place an Order;
User means any person, whether they are a Customer or not, who visits the Site;
Seller means the company NU ATELIER.
For any enquiries, NU ATELIER can be contacted:
- by email: email@example.com
- by post: NU ATELIER, 49 rue des Alpes 26000 Valence (France)
4. Pre-contractual information
The Customer acknowledges that they have been informed, prior to placing their Order and entering into the contract, in a clear and understandable manner, of these general terms and conditions of sale and the information listed in Article L.221-5 of the Consumer Code, namely:
- the essential characteristics of the Product;
- the price of the Product;
- any additional transport, delivery or postage costs and any other fees;
- when NU ATELIER undertakes to deliver the Product, regardless of price;
- information regarding the identity of the Seller, the company name, their postal and electronic contact details, and the geographical address of their establishment;
- the terms of payment, delivery and execution of the contract, as well as the terms and conditions set out by NU ATELIER for the processing of returns and the right of withdrawal;
- information relating to the features of digital content, the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code and the warranty against hidden defects provided for in articles 1641 et seq. of the Civil Code;
- the duration of the contract, where it is concluded for a fixed period, or the conditions of termination in the case of an open-ended contract.
5. Placing an Order
Orders are placed through the Site.
5.1 Selecting Products and adding Products to the Customer’s basket
The Customer can select the Products of their choice provided that they are available for sale online and in the desired quantity, subject to the acceptance of NU ATELIER.
The prices of Products on the Site are displayed in Euros, all taxes included. The Customer can view the delivery costs, delivery times and return policy in the “Support” menu.
To add a Product to their basket, the Customer must:
- click on the “add” button;
- choose the desired size if necessary;
The Customer may complete the Order by proceeding to payment or continue to make purchases through the Site.
5.2 Payment to complete the Order
Before finalising the Order and making payment, the Customer is directed to a page of the Site where they can view the details of the Products they have selected and make changes.
To proceed to payment, the Customer must fill in the delivery information (PO boxes are not accepted), after which the delivery costs will be displayed, and then select their payment method and enter their billing information.
In order to confirm the Order and pay, the Customer must verify the information provided, read these T&Cs and accept them without reservation.
The online provision of the Customer's bank card details and the final confirmation of the Order shall be deemed proof of the Customer’s agreement:
- payment of the sums due on the purchase order;
- signature and express acceptance of all of the operations.
In the event of fraudulent use of the bank card, the Customer is requested to inform NU ATELIER via the following address: firstname.lastname@example.org as soon as the fraudulent use is confirmed.
The Customer will be informed of the estimated delivery time of the Products.
Payment for the Products can be made by any method of payment offered through the Site, including bank card and PayPal.
The payment made by the Customer will be considered as final by NU ATELIER only after the actual receipt of the sums due.
The sale will only be considered as final and the Order will only be processed after the confirmation of acceptance of the Order by NU ATELIER has been sent to the Customer by email and after the entire payment has been received by NU ATELIER.
5.3 Acknowledgment of receipt of the Order and confirmation of the Order by NU ATELIER
After placing the Order, the Customer will receive an email confirming the Order.
5.4 Proof of the transaction
Digital records stored on the Seller's computer systems under reasonable security conditions shall be considered as proof of communications, Orders and payments between the Parties. Purchase orders and invoices are filed in a reliable and durable format that can be produced as evidence.
6. Conditions of purchase and Customer guarantees
To place an Order, the Customer, if they are a natural person, must be an adult (or, failing that, place the order with their legal guardians) and be legally capable of entering into a contract.
If the Order is placed on behalf of a legal entity, the Customer declares and guarantees that they have the authority to place the Order on behalf of the latter.
The Customer guarantees that the Products will not be delivered, sold and distributed for commercial purposes.
Any Order that is placed which is in violation of this article shall be null and void.
By confirming an Order, the Customer submits an offer to NU ATELIER to purchase the Products placed in their basket. NU ATELIER reserves the right to refuse, cancel and rescind Orders at any time if the circumstances justify it, especially if these T&Cs are violated or in the event of attempted fraud.
7. Information on Products & availability of Products offered on the Site
The Products offered for sale are those which appear in the collections available on the Site and which can be ordered, except in the unusual case of unavailability.
NU ATELIER reserves the right to occasionally limit the quantity of Products that can be ordered by a Customer in a single Order.
Photographs of the Products are provided for illustrative purposes and are not contractual.
The User is invited to read the description of each Product in order to find out about its key features. The Products bear the various hallmarks used to certify the quality of the metals as well as the maker's stamp of the manufacturer’s workshop. The Products also have a unique serial number.
In the unusual event that a Product ordered is unavailable, NU ATELIER shall inform the Customer promptly and the Customer may change their chosen Products or cancel the Order. In all cases, NU ATELIER will offer the Customer a Product of equivalent price and quality.
8. Products Prices & Delivery Charges
8.1 Product Prices
Products are invoiced based on the price in effect at the time of confirming the Order.
The prices, which are non-negotiable, are:
- in Euros, net, all taxes included, based on the prices communicated to Users (for France and Europe)
- in Euros, excluding tax, based on the prices communicated to Users (for the rest of the world)
Under no circumstances shall the prices appearing on the Site when placing an Order place NU ATELIER under any obligation for future Orders. Product prices may be modified at any time by NU ATELIER without notice and excluding Orders in progress.
Placing a Product in the basket does not guarantee the Client that the price will remain the same as the price displayed when the Product was placed in the basket.
If the prices displayed on the Site are incorrect due to internal errors, NU ATELIER will not be able to honour the Order; the Customer will then be contacted to cancel the Order and they may place a new Order on the Site if they wish.
8.2 Delivery charges
The shipping charges, which Users can find on the “Making & shipping” page of the Site, will be borne by the Customer and will be communicated to them before the Order is confirmed. Unless otherwise stated on the Site, for each Order they will amount to:
- ten (10) Euros for metropolitan France (including Corsica);
- fifteen (15) Euros for the countries of the European Union;
- twenty-five (25) Euros for other areas that NU ATELIER delivers to.
For Orders over six hundred (600) Euros, NU ATELIER offers free delivery.
The shipment is insured up to the declared value of the Products.
In the event of a delivery outside the European Union, customs duties or other local taxes may be payable; these are the sole responsibility of the Customer, including the declaration and the payment. The Customer is encouraged to check with their local authorities prior to placing an Order.
9. Payment for Products & Invoicing
9.1 Payment for Products
The Customer must pay for their Order in full by bank card, PayPal, or by any other means that will be offered and accepted by NU ATELIER.
To make a payment by bank card, the Customer will fill in their payment details via Stripe, the technical service provider in charge of processing online payments. Stripe is a level 1 PCI/DSS-certified payment solution (the highest level of security for online payments.) The banking data you enter on the Site is encrypted and will never circulate unencrypted on the Internet. In addition, the data will only be processed by Stripe and is never in the possession of NU ATELIER.
In the event that payment authorisation is refused, the Customer must contact the issuer of the payment card responsible for this refusal.
All invoices are dated the day the Order is dispatched and are sent by email to the Customer.
10. Making, shipping and delivery of the Order
Products are made to order and require an average manufacturing time of four (4) weeks. NU ATELIER will endeavour to shorter this period where possible.
Once the manufacturing process has been completed, the Customer will receive a shipping confirmation for the Order by email, from NU ATELIER and the courier.
The Products will be delivered to the delivery address specified by the Client when they placed their Order. NU ATELIER reserves the right to choose the courier.
Unless otherwise stated on the Site, NU ATELIER can ship Products to metropolitan France (including Corsica), countries of the European Union and some other areas which are stated on the “Making & shipping” page: Australia, Canada, South Korea, Hong Kong, Israel, Japan, Norway, Singapore, Switzerland, Taiwan and USA.
The Customer is invited to track their Order on the courier’s website, which is indicated in the order dispatch confirmation email from the courier.
Average shipping times are displayed on the Site and, unless otherwise stated, vary:
- between one (1) and two (2) working days for France and the rest of the European Union
- etween two (2) and five (5) working days for areas that NU ATELIER delivers to that are outside the European Union
The overall delivery time (making and shipping included) therefore varies between four (4) and five (5) weeks.
If longer manufacturing or shipping times are needed, the Customer will be informed by NU ATELIER.
Delivery will be deemed to be complete upon receipt of the Order by the Customer or the recipient of their choice.
It is their duty to open the package and check upon receipt that the Products have not been damaged during transport. At the time of delivery, if the Customer notices that the Products are damaged, it is their responsibility to refuse the package, indicating their grounds for the refusal on the slip issued by the courier, and inform NU ATELIER immediately.
The Customer already accepts that the delivery person’s and/or courier’s documents shall be regarded as proof of the delivery of the Orders.
NU ATELIER will be exempt from all or part of its responsibility for any delay or failure by proving that it is attributable to either the Customer, to a third party to the contract (unforeseeable and unavoidable), or an instance of force majeure, as provided for in article L. 121-19-4 of the Consumer Code.
In the event of non-compliance with the agreed delivery date or time, the Customer must, before rescinding the contract, order NU ATELIER to execute it within a reasonable grace period.
If the contract is not executed upon expiry of the new deadline, the Customer may freely terminate the contract.
The Customer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract shall be considered terminated upon the receipt by NU ATELIER of the letter or written notification informing it of said termination, unless NU ATELIER has executed it in the meantime.
In this case, when the contract is terminated, the Seller must reimburse the Customer the full amount paid within 14 days of the contract being terminated.
In the event that the Product ordered is unavailable, the Customer will be informed as soon as possible and will have the option to cancel their Order. The Customer can then request that the amount paid be reimbursed within 30 days of them making their payment.
In the event that:
- the package is returned to NU ATELIER by the courier because the address was incorrect or the Customer did not claim it within the deadline,
- and the Customer has subsequently failed to respond to requests from NU ATELIER for three (3) months from the date that the package was shipped,
ownership of the Products is returned to NU ATELIER, who are then free to dispose of it as they wish and retain payment for the Products.
11. Returns, exchanges and right of withdrawal for consumer and non-professional Customers
11.1 Returns process
The Customer has the option to return the Products ordered for a refund up to thirty (30) days after the delivery date.
To do so, the Customer must notify NU ATELIER by emailing email@example.com before returning the products, stating the reason for return. The return request is only effective from the moment when NU ATELIER acknowledges receipt of the return request by email and informs the Customer of the returns process.
For the return fees and insurance to be covered by NU ATELIER, the package must be addressed to: NU ATELIER, 49 rue des Alpes 26000 Valence (France), using the prepaid label provided by NU ATELIER from one of the following countries: countries of the European Union, Australia, Canada, South Korea, Hong Kong, Israel, Japan, Norway, Singapore, Switzerland, Taiwan, USA.
Any customs fees that may be applied are payable by the Customer, as stated in paragraph 8.2.
NU ATELIER then checks that the Products are in perfect condition and acknowledges receipt of the jewelry.
11.2 Conditions for accepting returns
Returns will only be accepted and refunded if:
- the returns process outlined in 10.1 has been respected;
- the Products are returned in perfect condition (any jewelry that has been worn or is incomplete, scratched, distorted, damaged, dirty or defective will not be taken back);
- the NU ATELIER ribbon attached to the piece of jewelry is in perfect condition and has not been removed (if applicable);
- the Products have been returned in their complete original packaging in perfect condition (box, pouch, cloth, certificate of authenticity) along with a copy of the invoice.
11.3 Refund conditions
If the return is accepted after NU ATELIER has checked the condition of the Products, the cost of the returned Products less any delivery costs shall by refunded by NU ATELIER via the payment method used for the initial Order.
If the Customer wishes to make an exchange, they are invited to place another Order on the Site for their chosen Product.
11.5 Right of withdrawal
In accordance with the legal provisions in force, non-professional European Consumer have a right of withdrawal which they can exercise without having to provide a reason within fourteen (14) days of receiving the Products, unless they have been customised at the Customer’s request.
If the Order includes several Products, the withdrawal period begins from the date of receipt of the final Product.
To exercise their right of withdrawal, the Customer must return the withdrawal form reproduced below, or a written statement clearly stating their wish to withdraw, to NU ATELIER at the following address: NU ATELIER 49, rue des Alpes 26000 Valence (France).
The Products must be returned by the Customer within fourteen (14) days of them notifying NU ATELIER of their decision to withdraw.
In case of exercise of the right of withdrawal within the abovementioned time period, and in accordance with Article L121-20-1 of the Consumer Code, the amount of the Order less any delivery charges will be refunded to the Customer.
For the return fees and insurance to be covered by NU ATELIER, the package must be addressed to: NU ATELIER, 49 rue des Alpes 26000 Valence (France), along with the prepaid label provided by NU ATELIER from one of the countries of the European Union.
The Products must be in perfect condition for resale (any jewelry that has been worn or is incomplete, scratched, distorted, damaged, dirty or defective will not be taken back), in their complete original packaging in perfect condition (box, pouch, cloth, certificate of authenticity) and sent along with a copy of the invoice. The NU ATELIER ribbon attached to the piece of jewelry must be in perfect condition and must not have been removed (if applicable).
If the return is accepted after the condition of the Products has been checked, NU ATELIER will refund the Customer via the means of payment used to pay for the initial Order, no later than fourteen (14) days following the receipt of the Product(s) by NU ATELIER or the sending of proof of postage for the Product(s).
Template withdrawal form to be returned by registered letter with acknowledgment of receipt :
For the attention of NU ATELIER 49 rue des Alpes 26000 Valence (France) firstname.lastname@example.org :
I ____________ hereby notify you of my withdrawal from the contract for the sale of the item ____________ below:
12. Lack of conformity and hidden defects in Products
The provisions of this article shall not prejudice the right of withdrawal under Article 11.5.
In accordance with the legal provisions in force, Products benefit from the legal guarantees of conformity provided for in Articles L 217-4 et seq. of the Consumer Code and the hidden defects provided for in Articles 1641 et seq. of the Civil Code.
The legal guarantee of conformity lasts for a period of two (2) years from the date that the Products were delivered to the Customer, and the Customer has two (2) years from the discovery of the defect to make a claim in relation to the guarantee against hidden defects.
The Products shall be return in accordance with the return procedure outlined in Articles 11.1 and 11.2.
If the return is accepted, the Customer may request that the Product be repaired or replaced, or, if this is not possible, that the sale is cancelled or the sale price of the Products with hidden defects is reduced.
Damage caused by external forces, impacts or mishandling is not covered by this warranty. If the Customer requires a repair, a quote will be provided which, if accepted by the Customer, will then give rise to an invoice by NU ATELIER.
13. Responsibilities & guarantees
The Customer is fully responsible for any payment issues. The Customer guarantees NU ATELIER that they are fully entitled to pay for any Order they place, which they are committed to honouring in full.
NU ATELIER shall not be responsible for:
- any stock shortage that could occur during an Order;
- the partial or full failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, unavoidable and external events or if this failure or improper execution is due to Users or if it is unpredictably and insurmountably due to a third party;
- difficulties related to the Internet and difficulties related to hosting and more generally any technical disruption that may occur on the Site.
- the content, advertising, products or services available on or from sites linked to its Site.
The Site may be interrupted for technical reasons without NU ATELIER being held responsible in this regard.
The jewelry offered on this Site is in conformity with current French legislation. It is the Customer’s responsibility to find out from their local authorities the terms and conditions for importing the jewelry that they wish to order and to respect these terms conditions. NU ATELIER cannot be held responsible in the event of non-compliance with the legislation of the country which the jewelry is delivered to.
If NU ATELIER's liability were to be incurred for any reason whatsoever, the maximum amount that NU ATELIER could be ordered to pay can under no circumstances exceed the amount of the Order.
14. Intellectual Property
The Site, which is the exclusive property of the company NU ATELIER, is an intellectual work which is protected by intellectual property law.
Any reproduction or representation of all or part of the Site, or any part thereof, on any medium whatsoever, for any purpose, including commercial, is expressly prohibited.
The Products sold by NU ATELIER are intellectual works that are protected by intellectual property law. The acquisition of a Product does not give the Customer the right to transfer or assign intellectual property rights. Any total or partial reproduction of the work of NU ATELIER is strictly prohibited and may constitute copyright infringement.
15. Force Majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their duties are considered as reasons for exemption from the Parties' obligations and lead to their suspension.
The party invoking the abovementioned circumstances must immediately notify the other party as soon as it becomes aware of their occurrence as well as their disappearance.
Force majeure shall mean any fact or circumstance that is external to the parties and is unforeseeable, unstoppable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts. In addition to the cases usually retained in the case law of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: blocked means of transportation or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract shall be continued. If the force majeure circumstances last for more than three months, these T&Cs may be terminated by the affected party.
16. Personal data
Any personal data submitted to NU ATELIER via the website www.nuatelier.com is used for managing the sale of the Products. The entity responsible for handling the data is the company NU ATELIER, registered in the Romans Trade and Companies Register under number 851 080 333 and headquartered at 49 rue des Alpes 26000 Valence (France). Data will be stored and used for a period consistent with the legislation in force.
16.1 Collection of Personal Data
The following Personal Data is collected on the Site:
- First name
- Posta address
- Email address
- Telephone number
Cookies are used in connection with the use of the Site. The User may disable cookies from their browser settings.
16.2 Use of Personal Data
Personal data collected from Users is used for the following:
- the sale and delivery of Products purchased;
- the organisation of the conditions of use of the payment services;
- the verification, identification and authentication of data conveyed by the Customer;
- The management of any disputes with the Customer.
16.3 The sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
- when the Customer uses payment services: for the operation of these services, the Site will be in contact with third-party banking and financial companies with which it has entered into contracts (Stripe, PayPal);
- if legally required, the Site may transfer data to respond to claims made against the platform, and to comply with administrative and legal proceedings;
- if the Site is involved in a merger, acquisition, asset transfer or insolvency proceedings, it may be required to assign or share all or part of its assets, including personal data. In this case, Customers shall be informed before the personal data is transferred to a third party.
16.4 Security and confidentiality
The Site implements organisational, technical, software and physical digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission of or the storage of information on the Internet.
16.5 Implementation of Customer rights
In accordance with the regulations applying to Personal Data, the Customer can write to email@example.com for the following purposes:
- to exercise their right of access and find out the personal data relating to them. In this case, before the implementation of this right, the Site may ask the Customer for proof of their identity in order to confirm that it is correct;
- if the Personal Data held by the NU ATELIER is inaccurate, the Customer can request that the information be updated;
- the Customer may request the deletion of their personal data in accordance with the applicable data protection legislation.
17. Final provisions
The non-assertion by NU ATELIER of one of the provisions in the T&Cs cannot be deemed or construed as renunciation of its entitlement.
If one or more provisions of the T&Cs are declared invalid, the others shall retain their full force and scope. In this case, the parties shall, if possible, replace the cancelled provision with a valid provision that corresponds to the spirit and purpose of the T&Cs.
The T&Cs are governed by French law. The French version of the T&Cs shall take precedence over any other version.
In the event of a dispute, the consumer or non-professional Customer has the option of using mediation or any other alternative method of dispute resolution.
WITHIN THE LIMITS PRESCRIBED BY THE LAW IN FORCE, ANY DISPUTE CONCERNING THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE T&Cs SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL DE GRANDE INSTANCE DE PARIS [High Court of Paris], INCLUDING IN THE EVENT OF A GUARANTEE CLAIM OR MULTIPLE DEFENDANTS.
Article L217-4 of the Consumer Code
The seller must deliver goods in accordance with the contract and is liable for any lack of conformity found at the time of delivery.
The seller shall also be liable for any lack of compliance in packaging, assembly instructions or installation when it has been entrusted with these things under the contract or when these things have been carried out under its responsibility.
Article L217-5 of the Consumer Code
The product is in accordance with the contract:
- if it is fit for the purpose usually associated with such a product and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;
- or if it has the characteristics defined by mutual agreement by the parties or is suitable for any particular purpose sought by the buyer, brought to the knowledge of the seller and accepted by the seller.
Article L217-12 of the Consumer Code
Any legal actions prompted by a lack of conformity shall lapse two years after the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee against hidden defects in the object sold which render it unfit for the use for which it was intended, or that diminish this use to the point that the buyer would not have acquired it or would have paid a lower price if they had known of the existence of these defects.
Article 1648 of the Civil Code
Any legal action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.
In the event provided for in article 1642-1, the action must be brought, under penalty of lapse of rights, within one year of the date on which the seller may be discharged for any apparent defects or lack of conformity.