General terms and conditions of sale
Last update: 30 June 2022
This website is published by the company L'Atelier d'Amaya E-commerce, whose head office is located at 44-50 Boulevard George V, 33000 BORDEAUX (France), registered at the Bordeaux Trade and Companies Register under number RCS Bordeaux 898 870 738
The conditions set out below define the rights and obligations of the company L'Atelier d'Amaya E-commerce and of the buyer, hereafter referred to as "Customer". Only non-commercial private individuals are considered buyers. The Customer declares that they have the legal capacity to enter into this contract, i.e. that they have reached the age of majority and that they have not been placed under a legal or conventional protection regime, in accordance with article 1146 of the Civil Code.
The website www.atelier-amaya.com reserves the right to change these terms and conditions at any time without notice. However, any changes will be mentioned in these general conditions of sale. The conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
ARTICLE 1 : CONTRACT OF SALE
The contract of sale between L’Atelier d’Amaya and the Customer is established when the order is confirmed. This order confirmation summarizes the details of the order and is the contract between the Customer, L’Atelier d’Amaya E-commerce, and the website of L’Atelier d’Amaya www.atelier-amaya.com.
All products listed on the L'Atelier d'Amaya website are available for delivery* to all the countries listed below:
- Metropolitan France, Corsica, Monaco, Andorra
- Europe :Germany, Luxembourg, Netherlands, Austria, Ireland, Italy, Portugal, Spain, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Greece, Finland, Croatia, Bulgaria, Cyprus, Malta, Romania
- International :United Kingdom, Iceland, Norway, Algeria, Bosnia Herzegovina, Tunisia, Georgia, Moldova, Serbia, Vatican, St. Martin, Liechtenstein, Canada, USA, Mauritius, South Africa, United Arab Emirates, Qatar, Senegal, Argentina, Hong Kong, Japan
- Overseas 1 :Guadeloupe, Martinique, Mayotte, Reunion, Guyana
- Overseas 2 :French Polynesia, New Caledonia, Wallis and Futuna
*Excluding products that are greyed out on the website, which are out of stock.
Deliveries to Switzerland are temporarily suspended.
ARTICLE 2 : ORDERING TERMS AND CONDITIONS
2-1) Online sales :
The website www.atelier-amaya.com allows you to order from the company L’Atelier d’Amaya E-commerce a selection of L’Atelier d’Amaya brand products available directly online via the internet for delivery to all countries listed in article 1.
The ordering process is established as follows: the Customer may at any time add a product to the basket by clicking on "Add to basket" via the product page. The product is then added to the basket and the Customer can continue their visit on the website to add other products. The Customer has visibility of the basket contents, with prices and product characteristics, by clicking on " Go to basket ". The Customer can then finalise their order by clicking on " Validate your purchase ". For an order to be fully validated, the Customer must clearly identify themselves by creating a customer account where they must enter their surname, first name and e-mail address, which remain strictly personal.
[The Customer may also place an order as a "Guest" Customer only by entering their e-mail address. The "Guest" Customer will not have a customer account and will not be able to retrace their order online. The "Guest" Customer can later on create a customer account on the order confirmation page].
To finalise the order, the Customer must give their billing and delivery details; they must choose the method of delivery for their order; they must select their method of payment; they must validate the general conditions of sale by ticking the box provided for this purpose; They must then validate the order by clicking on "Pay my order". The order is validated once all the fields have been completed by the Customer.
In order to avoid any errors, L’Atelier d’Amaya recommends its Customers to carefully check the content of their order (product(s), price(s), option(s)) before confirming it. The Customer will be able to repeat this verification process upon receipt of the e-mail validating the order. The Customer will have access to their order via their personal space on the website in the "My Orders" tab.
[Please note that a Customer who has placed an order as a "Guest" without creating a customer account after the order confirmation page will not have a dedicated customer area on the website. They will only be able to consult their order information via the order confirmation email].
L’Atelier d’Amaya reserves the right to refuse, cancel and terminate orders at any time for lawful and valid reasons. For example, if there is an ongoing dispute regarding the payment of a previous order, or if L’Atelier d’Amaya suspects a violation of the general terms and conditions of sale or any attempt at fraud.
2-2) Order cancellation :
The Customer has one hour after the confirmation of the order to cancel the order via the "My account" tab in the "My orders" section by clicking on the "Cancel my order" button. After this period, no cancellation or modification can be made. The Customer will have to wait for the reception of their product to make a return request. Please note that engraved products cannot be returned or exchanged. Any order including a gift card cannot be cancelled (order with a gift card only or order including gift card + products).
2-3) Orders by phone :
The Customer can also order by phone using the following number: +33 (0)5 56 81 57 71, from Monday to Saturday (except 1 May, 25 December and 1 January), from 9.30 am to 6 pm. The list of L’Atelier d’Amaya products offered by phone order are visible to the Customer via the website www.atelier-amaya.com. Articles L.111-1, L.113-3, L.121-17-1, L.111-4-1, L.111-6 and seq. of the French Consumer Code.
For all exceptional orders, please contact L'Atelier.
ARTICLE 3 : PRODUCTS OR SERVICES
All orders placed via the website or by phone are shipped depending on product availability. L’Atelier d’Amaya makes every effort to ensure that the products offered on the website are available when ordered. For technical reasons, the products chosen by the Customer may no longer be available from L’Atelier d’Amaya at the time of order confirmation. In this case, the Customer will be contacted by our Customer Service to find a suitable solution.
The essential characteristics of the products are presented on our website in each of the product pages under the headings "description" and "characteristics". Please note that the images used are not contractual, some differences may be present between the photographs and the real object. This is because a photograph is an optical and technical process that can present variations and defects in appearance between the actual product and the rendering of the photograph. We also cannot guarantee that your devices will always display colours accurately.
To find out more about various sizes, or sizes equivalencies, we advise Customers to refer to the size guide in each product page, or to go to our FAQ article "Size Guide".
ARTICLE 4 : GIFT CARDS & DISCOUNT VOUCHERS
4.1) Gift cards
The L’Atelier d’Amaya gift card cannot be returned, exchanged or refunded for any reason whatsoever (including theft, loss or damage). Products purchased using the L’Atelier d’Amaya gift card are subject to the same warranty policy as products paid for by other means of payment.
The L’Atelier d’Amaya gift card can be used as many times as you like until the initially activated credit is used up. If the amount of a purchase is greater than the available balance, the difference can be paid by any means of payment accepted by the website L’Atelier d’Amaya. The gift card is valid for 1 year on the L’Atelier d’Amaya website or in our shops.
The company L’Atelier d’Amaya reserves the right to modify the conditions of use of the L’Atelier d’Amaya gift card at any time and without prior notice, and will inform the Customers through its website.
When a gift card is purchased, the Customer receives an email containing a gift card code at the email address provided on the "gift card" product page. A gift card bought in one of our shops can also be used on the website, the code can be found on the receipt given to you at the time of your purchase in the shop.
In order to use the gift card during a purchase, you must enter the code in the dedicated space "Redeem your credit or gift card" at the shopping basket step. Once the code has been applied, the amount will automatically be included in the order and deducted from the total balance shown in the basket. If this does not work or the manipulation does not deliver the discount, we recommend that our Customers contact our Customer Service team for further assistance.
It is possible to exchange a product purchased with a gift card within 30 days, but the item cannot be refunded.
4.2) Discount vouchers
Discount vouchers issued by one of our shops can be used in all the shops of the Amaya Group and on the website of L’Atelier d’Amaya.
Discount vouchers issued by the Amaya website can be used in all Amaya Group shops and on the website of L’Atelier d’Amaya.
Discount vouchers are valid for 6 months.
ARTICLE 5 : PRICES
The prices indicated on the website are given by default in euros, inclusive of all French taxes (TTC), on the basis of the French value added tax (VAT) at 20%, excluding shipping costs. L’Atelier d’Amaya reserves the right to change prices without notice. The products remain the property of L’Atelier d’Amaya until full payment of the purchase price. The total amount due by the Customer is the amount indicated on the order confirmation. The total amount of the basket in step 1 includes only the price of the item(s) including VAT. A new total amount will be displayed on the order when the delivery method at the "Delivery Address" step has been indicated. The "Payment" step allows the Customer to choose their desired method of payment. The amount indicated at this step is the total amount of the order including shipping costs. Upon receipt of an order confirmation by the Customer, an order invoice will be available in the "my account" page summarising the transaction details, products and total amount paid and debited.
[Please note that the "Guest" Customer does not have a customer account, they can find their order summary in the order confirmation email].
[Attention, le Client « Guest » ne dispose pas d’espace client, il pourra retrouver son récapitulatif de commande dans l’email de confirmation de commande uniquement.]
ARTICLE 6 : PAYMENT
Any item purchased on the website www.atelier-amaya.com can be paid for by debit or credit card, by Paypal or using a bank check. In the case of payment by bank check, the order will only be shipped after the check has been received and cashed. In the case of payment by debit or credit card, the amount is charged at the time of validation of the order, after confirmation by the bank issuing the card. In accordance with the recommendation of the CNIL, payments are protected by highly secure encryptions of your data: card number, expiry date and visual cryptogram (PCI DSS standard). The security platforms in charge encrypt and transmit payment data to your bank, ensuring confidentiality and inaccessibility to any third party.
If the payment is declined by the bank, the order will automatically be cancelled. At no time are the Customer's bank details communicated to L’Atelier d’Amaya.
For phone orders, L’Atelier d’Amaya customer care team will send a secure payment link by email.
ARTICLE 7 : DELIVERY & SHIPPING
L’Atelier d’Amaya delivers the ordered product(s) to the delivery address indicated by the Customer in the "Delivery address" step of the order. It is imperative for the Customer to check the accuracy of this information. Any re-shipment due to an inaccurate address will be charged to the Customer.
Delivery costs are calculated according to the delivery method chosen by the Customer at the "Delivery Method" step of the order.
All orders are processed by L’Atelier d’Amaya within 1 to 2 working days. These time limits may be extended during periods of high activity or in the event of a pandemic. When the order is shipped, the Customer receives an email containing the order tracking number, allowing the Customer to locate their package and follow its progress via the carrier's website.
The delivery times given are indicative.
- In metropolitan France, the delivery time may not exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 1 to 6 working days. However, L’Atelier d’Amaya cannot be held responsible for delays caused by the carrier.
- For international deliveries, the delivery time may not exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 3 to 8 working days for Europe and 5 to 14 working days for the rest of the world. However, L’Atelier d’Amaya cannot be held responsible for delays caused by the carrier.
At the "Delivery method" step of the order, the Customer can choose to collect their order from a L’Atelier d’Amaya shop as a delivery option. This service is free. The pick-up time for the Customer's order is indicated for each shop at the "Delivery method" step. For logistical reasons, the Customer is not informed by e-mail of the availability of their order in the shop. We invite the Customer to call the shop in question. The Customer can collect their order during the opening hours of the shops without any time limit. To retrieve their order, the Customer must present an identity document and the order confirmation email.
ARTICLE 8 : WITHDRAWAL POLICY
In accordance with the provisions of articles L.121-21, L.121-21-1, L.121-21-2 of the French Consumer Code, the Customer who is not satisfied with their order has a withdrawal period of 14 days after reception of the product to request a refund, and 30 days to exchange it.
Before this 14-day period expires, the "Guest" Customer must inform L’Atelier d’Amaya of their decision to withdraw by sending an email clearly and unambiguously expressing this decision, and mentioning their order number, to: email@example.com
The Customer will be reimbursed the order amount for the returned product, as well as the initial delivery costs, i.e. standard delivery (tracked parcel: 5 euros), in accordance with the Hamon law in force since June 2014,"The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by the professional", no later than 14 days after the exercise of the right of withdrawal.
The refund will be made by bank transfer to the card used to pay the original invoice.
L’Atelier d’Amaya will not refund or exchange jewellery that has been engraved or personalised, in accordance with article L121-20-2 of the French Consumer Code, which allows e-merchants to exclude from the scope of right of withdrawal contracts relating to the "supply of goods (...) clearly personalised".
The Customer does not have to provide any particular reason for exercising his right of withdrawal.
ARTICLE 9 : RETURNED PRODUCTS
If the Customer has a customer account, they must make their return request directly from the "My Account" page.
After agreement between the two parties, the Customer must return the Product, at their own expense (except if the product is not in conformity with the product description or has a manufacturing defect), to L’Atelier d’Amaya at the following address: L’Atelier d’Amaya – 44 boulevard George V, 33000 Bordeaux. L’Atelier d’Amaya recommends that returns be made by tracked delivery. The Customer may choose the carrier of their choice, but they must ensure that they have a tracking number and proof of shipment of their product.
[To return a product, the "Guest" Customer who does not have a customer account must complete the return form, which will have been sent to them after contacting our customer service by email firstname.lastname@example.org or by phone at the following number: +33 (0) 5 56 81 57 71. The return form must be completed with the name, first name, address, order number, as well as with the exact list of products to be returned, and a complete and detailed explanation of the return.
This form must be enclosed in the parcel that the Customer will be returning with the product(s)].
If the Customer decides to return several items from the same order, it is imperative that all products are returned together.
The cost of returning the products shall be covered by the Customer.
Any returned product must be in its original packaging, unworn and undamaged. If the returned product is damaged, it will be returned to the Customer at their expense. In the event of a request for a full refund of the order, the Customer must enclose the entire contents of the parcel received, i.e. the product(s), packaging, and goodies if there is an ongoing special offer (e.g.: tote bag, cotton pouch, etc.) In case of an incomplete return, L’Atelier d’Amaya will not be able to refund the order.
In accordance with article L121-20-2 of the French Consumer Code, L’Atelier d’Amaya will not refund or exchange jewellery that has been engraved or personalised.
Please note that items purchased online via the website can be dropped off at one of our shops for a refund, which may take up to 14 business days following the drop-off. Refunds will be made to the original payment method. No cash refunds will be made.
If the return is due to an error on the part of L'Atelier d'Amaya (reference, size, hidden defect...), L'Atelier d'Amaya agrees to reimburse the standard delivery costs and to reship a new product at its own expense. The Customer can also request a full refund of the product and delivery costs.
Subject to the agreement of L'Atelier d'Amaya, the Customer may choose between an exchange or a refund; the exchange may be on the same product or on a different product.
If there is a price difference between the two products, either the Customer will have to pay the difference or L'Atelier d'Amaya will issue a discount voucher for the difference.
The Customer will be reimbursed the order amount for the returned product as well as the initial delivery costs, i.e. standard delivery (tracked parcel: 5 euros), in accordance with the Hamon law in force since June 2014,"The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by the professional", no later than 14 days after the exercise of the right of withdrawal.
The refund will be made by bank transfer to the card used to pay the original invoice.
In case of an exchange, L’Atelier d’Amaya will generate a discount voucher code that you will receive by email. This code can be used on the website and in our shops. The discount voucher is valid for 6 months, and can be used in several instalments or fully.
ARTICLE 10 : DISCLAIMER OF WARRANTIES
Duration of the warranty : L’Atelier d’Amaya offers a 1-year commercial guarantee on all jewellery. The jewellery is guaranteed against all manufacturing defects for a period of 1 year from the date of purchase. This guarantee is valid subject to normal conditions of "wear and tear" of the product, and under presentation of a proof of purchase (sales receipt, order reference, customer account).
Exceptions: 3 month guarantee for coloured tassels, cords ,and liberty, if manufacturing quality is a concern.
Conditions of application of the warranty: The guarantee applies under normal conditions of use and does not cover: defects resulting from accidents, improper or abusive handling or use (such as shocks, marks from blows, crushing, exposure to corrosive agents), theft, loss, as well as the results of excessive wear and tear and the normal ageing of the jewel. However, all parts that are defective due to a manufacturing defect duly noted by our Customer Service will be repaired or replaced. In order for the Customer's product to be covered by the guarantee, it is necessary for them to have the jewel's purchase invoice.
If the Customer encounters a problem during this warranty period, the Customer should contact our customer service at the following address: email@example.com or by phone at the following number +33 (0) 5 56 81 57 71, to find out how to return their jewellery with a suitable solution. The Customer can also make a return request via their online customer account by clicking the "Jewellery care" tab.
Upon returning the product, the Customer should wrap it carefully to protect it, and send it back in the same parcel it was received in to the following address: 44 boulevard George V, 33000 Bordeaux. The invoice should be included.
Non-warranty after sales service:
It is possible to have your jewellery repaired after the warranty period. We will make an appraisal at L'Atelier d’Amaya, and if the Customer accepts the invoice proposition, we will repair the piece of jewellery and send it back to them as soon as possible. The repair will be carried out once the Customer's payment for the repair has been validated.
Non-warranty repair rates :
Soldering rates without warranty :
Only available on silver
ARTICLE 11 : LIABILITY
The company L’Atelier d’Amaya cannot be held responsible for events which could prevent the proper execution of the contract, and which are attributable to the Customer, to a third party to the contract, or to a force majeure event.
In addition, the information on the website may contain technical inaccuracies, or errors in translation or typography for which www.atelier-amaya.com cannot be held responsible. The company L’Atelier d’Amaya E-commerce is not responsible for the use of other websites that customers may access via links on www.atelier-amaya.com.
If a term or condition is found to be illegal or invalid, this shall not invalidate the other terms and conditions.
ARTICLE 12 :GOVERNING LAW
Sales concluded with L’Atelier d’Amaya via the website www.atelier-amaya.com are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which the present contract could give rise, concerning its validity, interpretation, execution, termination, their consequences and their outcomes will be submitted to the competent court under French jurisdiction, in accordance with the rules of competence of the common law.
ARTICLE 13 : INTELLECTUAL PROPERTY RIGHTS
The company L’Atelier d’Amaya owns the website www.atelier-amaya.com. In addition, the graphics, texts and, more generally, everything that makes up the website www.atelier-amaya.com are the property of L'Atelier d'Amaya Holding or its suppliers.
All other graphics appearing on the jewellery and the website www.atelier-amaya.com belong to L'Atelier d'Amaya Holding and cannot be reproduced. Photographs and illustrations of products may not be reproduced. All names, logos, trademarks and titles used on this website are trademarks or registered trademarks of their owners.
Please note that all drawings, models and blueprints belong to L'Atelier d'Amaya Holding, which has an artistic property right on all its products.
The Customer acknowledges that any infringement of the trademark, designs or other graphics may be subject to criminal and/or civil penalties at the discretion of L'Atelier d'Amaya.
ARTICLE 14 : PROCESSING OF PERSONAL DATA
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
ARTICLE 15 : CUSTOMS
Any order placed on the website and delivered outside Metropolitan France may be subject to possible import taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible associated delivery taxes are the responsibility of the Customer. L'Atelier d'Amaya is under no obligation to check and inform its customers about applicable customs duties and taxes. To find out about them, it is up to the Customer to check with the relevant authorities in their country.
The language of these general terms and conditions of sale is French. The present contract is subject to French law. In the event of a dispute with a Customer, the French courts shall have exclusive jurisdiction.
ARTICLE 16 : LOYALTY PROGRAM
In order to benefit from the AMAYA loyalty programme, the Customer must register, i.e. create a customer account if they do not have one. Membership of the loyalty programme is free, and the loyalty programme is international.
Every purchase made in our shops and on our website generates loyalty points:
1€ = 1 point
À l’exception :
- service purchases such as postage, cord replacements, after-sales service fees, etc...
- gift card purchases
- purchases paid with a "loyalty gift voucher"
- purchases made by "employee" customers
- - purchases made with a discount voucher
Loyalty points are valid for 1 year (e.g.: purchase of 120€ worth of jewellery on 5 November, 2022 entitles you to 120 loyalty points which will expire on 4 November, 2023 at midnight).
As soon as 200 loyalty points are reached (cumulative points from website and/or shop purchases), a 15€ "loyalty gift voucher" is issued and sent by email to the Customer who has signed up to receive our communications/newsletter by email. The Customer can then use it on their next purchase in our shops or on the website. 24 hours after its issuance, the loyalty gift voucher is valid for 3 months. Loyalty gift vouchers cannot be split, and no cash or credit balance will be returned for the amount not spent (e.g. it is possible to make a purchase worth 10€ with a loyalty gift voucher but the Customer will "lose" 5€).
Loyalty gift vouchers are personal (associated with a customer account) and can be cumulated up to a maximum of 5 loyalty gift vouchers per sales receipt (i.e. 1000 points).
You can find all your points in the "Loyalty Program" section of your customer account. If you have not received your loyalty gift voucher by email because you have not signed up to receive our newsletters, please contact our customer care team.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. They shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter was made their responsibility by the contract, or was carried out under their responsibility.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the goods must :
- Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer, or their representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed to two years from the delivery of the goods.
Article L211-16 of the Consumer Code
When, during the course of the commercial guarantee that was granted to them at the time of the acquisition or repair of a movable good, the buyer asks the seller for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remains to be covered. This period shall run from the date of the buyer's request for intervention, or from the time the good in question is made available for repair, if this is later than the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for any hidden defects of the good sold that make it unsuitable for the use it was intended for, or that reduce this use so much that the buyer would not have acquired it, or would only have given a lower price for it, if they had known about those defects.
Article 1648 paragraph 1 of the Civil Code
The action resulting from critical defect(s) must be brought forward by the purchaser within two years of the discovery of the defect(s).