Conditions générales

ENGLISH

PART I

1. GENERAL TERMS

The Website accessible at https://www.atelierfh.com is a platform specialized in “second hand” and “vintage” shoes.

These Terms and Conditions of Sale (hereinafter referred to as “T&C”) define the terms of the purchase and offer for sale on the https://www.atelierfh.com

The Website offers the following functionalities:

Filing of offers for sale of Products online by internet users (hereinafter, the “Vendors”);
Search and purchase of “second hand ” shoes online by internet users (hereinafter, the “Purchasers”).
For the purposes herein, the Purchasers and Vendors are jointly called the “Clients”.

Simple Website access and/or navigation and/or consultation of the various pages of the Website necessarily involve the immediate and unreserved acceptance by the internet user of these Terms and Conditions of Sale.

Furthermore, by purchasing and/or making a Product available on the Website, the Client acknowledges that he or she has read these Terms and Conditions of Sale and has accepted them without restriction or reservation.

At the time that an offer of sale is placed online on the Website, the Vendor acknowledges that he or she has read the Special Conditions of Sale accessible at www.atelierfh.com/terms-conditions and has accepted them without limitation or reservation.

Given the electronic nature of the contract made by the Client and AtelierFH, this acceptance is not in any way subject to a handwritten signature by the Client.

Any written document contained in particular in the documents issued by the Client (including the order) may not prevail over these Terms and Conditions of Sale without the prior express written agreement of AtelierFH.

It is specified, where necessary, that the Client may save or print these Terms and Conditions of Sale, on the condition nonetheless that they are not modified.

The version of the Terms and Conditions of Sale available online on the Website shall prevail.

2. MEMBERSHIP AND REGISTRATION

Navigation of the Website is free and does not require the creation of a Client Account.

Nonetheless, to be able to access certain services, each Client must create an account and provide the Website with an identifier (valid e-mail address) and choose a password.

The Client is informed of the need to communicate a valid e-mail address to receive a confirmation e-mail that this Account has been created, as well as subsequent promotions from the Website.

The set of information provided constitutes their « Identifier Codes”.

Each Client acknowledges his or her full liability for the use that will be made of the identifier Codes on the Website.

The Client undertakes not to choose an identifier that may breach the rights of a third party and is consequently not allowed to use an identifier that breaches an intellectual property right, a trademark that has been filed, a company name or a surname, without this list being exhaustive.

If forgotten, or in the case of misuse or unauthorized use of his or her identifying Codes, AtelierFH may not in any case be held liable and the Client must inform AtelierFH immediately of this situation, by e-mail to hello@atelierfh.com and by post to the following address: 105 zollikerstrasse 8032 Zollikon.

The Client has the right to access, modify, correct and delete the data that concerns them.

3. PRODUCTS

3.1 Description of Products

AtelierFH offers on the Website second hand shoes as well as their detailed descriptions thus allowing Purchasers to know, before the final approval of their order, the essential characteristics of the Products they wish to purchase.

AtelierFH shall also do its best to ensure that the color and pattern of the Products whose photos are displayed on the Website are faithful to the original Products.

Nonetheless, given the method of presentation of products on the Internet, it is possible that the impression the Purchaser has of the photographic representation of the products does not correspond exactly to the product itself.

3.2 Prices of Products

The prices applicable are those mentioned on the Website at the time that the Purchaser confirms his or her order.

Prices are mentioned in SWISS FRANCS and are understood to include all taxes.

The Purchaser is informed that the cost of delivery shall be invoiced in addition to the price of the Products, and that to this end they shall be mentioned specifically on the order summary and the order confirmation e-mail and added to the total price of the order. However from 220 CHF the delivery is free in Switzerland.

Furthermore, the Purchaser formally acknowledges having been informed that the prices mentioned on the Website do not in any case include possible customs taxes and/or duties which the Purchaser may be liable for at the time of delivery and of which he or she is the sole debtor if delivered outside Switzerland.

At any time and without notice, AtelierFH reserves the right to modify the prices displayed. These modifications shall not, nonetheless, have an effect on orders AtelierFH has accepted before these modifications come into force.

4. ACCEPTANCE OF THE OFFER AND PRODUCT ORDER

4.1 Ordering a Product (second hand shoes)

By browsing the Website, the Purchaser has the possibility of reading freely about the various Products offered for sale on the day the Website is visited.

To order one or more of these Products, the Purchaser shall click on the icon provided for this purpose and provided alongside each photo of the Products.

At any time during browsing, the Purchaser can secure the Products chosen under the “Shopping Bag” heading.

The Purchaser is able, at any time during the order process, until actual payment thereof to return to this order to complete, modify or cancel it.

Once the Product selection is complete, the Purchaser shall be invited by a new web page to give his or her contact details by accurately giving information on the form provided.

In particular, he or she shall provide an address at which delivery can be made during working hours from Monday to Saturday as well as the surname(s), first name(s) and e-mail address.

Once the form has been fully completed, an order summary listing all the information relating to this order, in particular the nature, quantity and price of Products, the total amount (including transport costs) of the order, the Purchaser’s contact details, the delivery address and billing address will appear on the screen.

After having read the statement of his or her order, the Purchaser will be invited:

To click on “proceed to check Out” to proceed to payment of his or her order;
Or to click on “Edit » to modify the order and/or information about his or her personal contact details;
By clicking on “Check Out” during the order process, the Purchaser must compulsorily first read these general conditions of sale and then tick a square opposite the message “I have read and accept the General Conditions of Sale”.

4.2 The Purchaser warrants that he or she is fully authorised to use the bank card provided for the payment of his or her Order.

4.3 By clicking on “Check Out » during the Order process, and after having confirmed in his or her “Shopping Bag » the content of the Order and, where applicable, having modified it, the Purchaser declares that it fully and without reservation accepts all of these General Conditions of Sale. 
After having confirmed the content of his or her Order, the Purchaser will confirm it finally through payment.

4.4 The Order will only be final upon payment of the corresponding price.

AtelierFH will automatically confirm the order of each Purchaser and its dispatch by e-mail.

4.5 The price inclusive of all taxes for each Product is mentioned on the corresponding Product sheet. The Purchaser’s order dispatch charges will be mentioned to him or her before the final confirmation of the order.

Nonetheless, in accordance with clause 4.2 above, the Purchaser formally acknowledges that he or she has been informed by AtelierFH that the prices mentioned on the Website do not in any case include possible customs taxes and/or duties which the Purchaser may be liable for at the time of delivery (and particularly in the case of delivery outside SWITZERLAND) and for which he or she remains the sole debtor.

Once these General Conditions of Sale have been accepted and the order confirmed, a web page especially for the payment of the order will open.

The Purchaser must then make payment of his or her order.

The data registered by AtelierFH constitute proof of all the transactions made by AtelierFH and the Client.

5 PAYMENT

5.1 Payment of the order is carried out on the Internet and must be concomitant to the order, following the instructions given to this end during the process of confirming the order. Payment shall be made in CHF using the electronic payment system Stripe.

AtelierFH uses the secure payment tool provided by Stripe and guarantees the Purchaser that it never has access to confidential information concerning the method of payment used by the Purchaser to pay for his or her order.

To make the payment owed, the Purchaser will be invited either to provide a bank card number, the date of expiration of this card accompanied, where necessary, by the security code.

To this end, the Client guarantees AtelierFH that he or she has the authorization that is possibly necessary to use the method of payment chosen when the order is confirmed. If the bank refuses, the order will be automatically cancelled and the Purchaser informed thereof by e-mail.

Once the payment of an order has been made, a printable and recordable summary of the Purchaser’s order will be displayed and will specifically mention the order references.

5.2 Order confirmation by AtelierFH

The order shall only be considered final and fixed once it is confirmed to the Purchaser by AtelierFH.

AtelierFH reserves the right to reject any order or delivery if there is a dispute with the Purchaser particularly following the Purchaser’s non-compliance with the obligations provided in these General Conditions of Sale, in particular concerning any default in the payment of the order price, likely to lead to suspension of access to the AtelierFH Website, or termination of his or her Client Account, without prejudice to any damages AtelierFH may seek.

Following payment of the order, AtelierFH ‘s confirmation will be made as soon as possible by e-mail.

This order confirmation e-mail sent by AtelierFH shall include the following information:

The order number given by AtelierFH during confirmation by the Purchaser;
Summary of the order (description of Product(s) ordered, quantity, price);
Total order amount, inclusive of all taxes;
Postal charges;
Confirmation of payment;
The terms related to the delivery of the Products ordered (expected delivery date – 30 days maximum as of confirmation of the order).

6. DELIVERY & RECEIPT OF ORDER

A/ Availability of Products

The Products distributed online on the Website by AtelierFH are those available in stock on the day the Website is viewed by the Purchaser.

The Purchaser is informed that the Products presented online on the Website are by definition rare and unique given their “vintage” / “second hand” specifications.

B/ Cancellation of an order

AtelierFH may accept a cancellation of an order only within 12 hours upon confirmation of the order. Once the payment is confirmed, the payment is considered as finalised, and will apply strictly to AtelierFH Return policy. Cancellation of the order are subject to transaction fee.

AtelierFH maintains ownership of the Products ordered until full payment is made of the order price, including postal charges, if owed.

C/DELIVERY TO THE PURCHASER

The Product(s) shall be delivered to the postal address provided by the Purchaser when making his or her order and which will be mentioned on the delivery slip.

For all deliveries, the order will be sent to the Purchaser by Swisspost for Switzerland.

Outside Switzerland and in the UE, a provider will be chosen accordingly: this shall be agreed by AtelierFH and the purchaser beforehand.

As the delivery is provided by third party service providers, the Purchaser is informed that AtelierFH cannot in any way be held liable if non-performance or poor performance of this obligation is imputable to the Purchaser or the unforeseeable or insurmountable action of a third party to the contract or in a case of force majeure.

D/ Time periods for the delivery of Products

The delivery shall be made at the latest within thirty days of the order, except otherwise provided, which the Purchaser shall be informed of before making his or her order, mentioning an average delivery time period.

Any delay in delivery must be reported by the Purchaser as soon as possible to AtelierFH which will carry out an inquiry with the carriers concerned.

The Purchaser will have the option of cancelling the order if it is not made at the latest fourteen days after the delivery date mentioned, unless this delay is due to a case of force majeure.

E/ Receipt of Products by the Purchaser

Each delivery is considered to be completed once the Products are made available to the Purchaser by the carrier, confirmed by the monitoring system used by the carrier.

It is up to the Purchaser to check immediately upon receipt of the Product that the dispatched Products are compliant and complete.

Any reservation must be notified to AtelierFH customer care within 2 working days after the delievery. A copy of the claim sent to the carrier must be enclosed.

RETURNS

It is expressly specified that the provisions of this clause are only applicable in the case of a sale that takes place in SWITZERLAND.

The Purchaser has a cooling-off period of seven 4 working days as of the delivery date of the order, to return, at his or her expense, the Product delivered that he or she is not satisfied with.

Return Fees: 7 CHF

Clients in the Zurich area are invited to return or drop off the pieces to us directly with no charge.

The Product must necessarily be returned whole, in a perfect state and in its original packaging accompanied by the delivery slip, the invoice.

How to Return an item:

– Email hello@atelierfh.com within 4 days of receiving your order. Please state order number in the subject and the reason for return.

-AtelierFH will send a pre-paid shipping voucher for the return. The client will have 3 working days to return the product (s)

– Once received and inspected the client will receive a return in the item amount, minus above-noted return fees, within 15 days.

Time frame on Returns must be respected in order for us to accept the return.

WORN ITEMS

If AtelierFH suspects that an item has been worn and/or tampered with by Purchaser, AtelierFH reserves the right to refuse the return. In an item is not accepted for return the Purchaser must assume all Shipping Costs, both return shipping incurred by AtelierFH to bring item back and the shipping cost should the purchaser wish to recuperate the item. If after 30 days of return Purchaser has not paid shipping fees for worn/tampered item, AtelierFH reserves the right to keep item and handle accordingly, including placing item back for sale.

7. CONFORMITY AND GUARANTEE

The Vendor warrants that the Products are compliant with their intended usage, and do not have any faults or inherent defects that make them dangerous or unsuitable for their normal use other than those mentioned in the Product Sheet.

8 LIABILITY

8.1 AtelierFH may not be held liable for any disadvantages or damage inherent in the use of the Internet, particularly a disruption to the service, an external interference or the presence of a computer virus.

AtelierFH is not liable in the case of a breach of its obligations, such as are defined herein resulting from a case of force majeure.

8.2 AtelierFH’s exclusion of liability – Fight against counterfeiting

AtelierFH undertakes all efforts to fight against the counterfeiting of Products and sets up numerous checks.

To this end, Atelier requires the Vendor to provide proof of the authenticity of the Product he or she sells. This proof may be provided through any means.

Nonetheless,  AtelierFH is not in any case liable, vis-à-vis the Purchaser or a third party in the case of the sale of a counterfeit Product.

8.3 Disclaimer of Warranties on the Origin of Products – Fight against Handling of Stolen Goods

AtelierFH is not able to guarantee the origin of Products and cannot be held liable if the sale of the Product offered by the Vendor constitutes the handling of stolen goods.

DISCLAIMER – REMINDER

It is strictly recalled to the Purchaser that all the Products published online on the AtelierFH Website are second-hand, used Products and thus are not new by definition.

Thus, the Products cannot offer the same features and the same guarantees on working conditions that a new product can offer.

To this end, the Purchaser formally acknowledges that he or she has been informed of the « second-hand » nature of the Products placed online on the Website and their working condition and use and shall never contest this point.

PART II SELLING AN ITEM TO ATELIERFH

A/ The client, the “seller” can propose items on line or make an appointment.

After proposing his/her items, AtelierFH will get back to the “seller” with an estimated proposal for his/her review if AtelierFH decides to buy the “seller” item(s).

The final price will be determined upon receipt of the item and AtelierFH reserves the right to modify based on its judgement. AtelierFH reserves the right to reject the pieces.

AtelierFH will send a delivery note so the client, here referred as the “ seller”, can send the shoes to AtelierFH.

B/ Payment

Once AtelierFH selects the shoes and they are checked, the client here referred as the “seller” will receive the payment, via bank transfer or, for Switzerland only via Twint 2 weeks after reception.

All photos are the property of AtelierFH and cannot be used by the Seller on any other retail site or other mediums without express written consent from AtelierFH. This includes using AtelierFH photos on other re-sale sites or platforms.

DATA PROTECTION

1. Providing personal information and collecting it is part of distance selling.

This information is necessary for the processing and delivery of orders as well as  invoicing.

A lack of information leads to the automatic rejection of the order.

2 Use and Transmission of your Personal Data

In order to ensure the processing, monitoring and archiving of Purchaser orders on the Website, AtelierFH must necessarily process the Client’s personal data. The data processed is sent to AtelierFH, and where applicable to partners concerned, according to the terms and for the following objectives:

Order management by AtelierFH
The provision of personal data collected for the purposes of distance selling is obligatory for the confirmation and approval of any order as well as its monitoring and dispatch. In their absence, an order cannot be processed.

This data may be transmitted to AtelierFH’s technical service providers, with the sole objective of the correct performance of orders, or to draw up statistics.

3 Right to access, modify, oppose and remove

YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information.

The client can contact us to hello@atelierfh.com mentioning his or her surname, first name, e-mail and address with a copy of the identity and the request must be signed.

AtelierFH will answer back within a period of 2 months following receipt of the request.

4 Cookies

When visiting the website, information on the Client’s browsing of the Website may be stored in “cookies” installed in the computer or the Client’s mobile termination, depending on the choices expressed concerning cookies which can be modified at any time.

Cookies are used by AtelierFH to optimise and improve the use of the Website by the Client by providing content that is more specifically adapted to his or her needs.

No personal data is collected as part of this activity. Only statistical data is collected and analysed for the purpose of optimising the Website.
Some cookies are installed until the Client closes the browser; others are kept for longer. Cookies are kept for a maximum duration of 15 days.

Only the issuer of a cookie may read or modify the information it contains.

Several possibilities are offered to the Client to manage cookies. Any Client configuration on the use of cookies may modify his or her Internet browser and the conditions of access to certain services requiring the use of cookies.

DATA SECURITY AND ENCRYPTION

AtelierFH website has a security systems to provide the most efficiently possible protection for all sensitive data.

The Purchaser is reminded that AtelierFH never has access to confidential information about the method of payment.

Only Stripe has the confidential information (card number, validity date) which is inaccessible to third parties.

INTELLECTUAL PROPERTY

AtelierFH is the exclusive holder of intellectual rights to the Website.

These creations are the full and entire property of AtelierFH.

A Clients has no right to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the AtelierFH website. If a client has a request, he/she can write to hello@atelierfh.

Any form of full or partial copy, aspiration or reproduction of the database produced and used by AtelierFH is formally prohibited without its prior written agreement.

 THE GENERAL BEHAVIOUR OF CLIENTS

When signing up to these Terms and Condition, and later when using the Website, Clients are not allowed to transmit:

Information for registration that is incorrect or false;
Any personal information (name, telephone number, e-mail address, etc.);
Information concerning the Product he or she wishes to sell which is incorrect or false and/or has the purpose of deceiving the Purchaser and/or AtelierFH concerning its substantive elements such as its origin or its non-counterfeit nature;
Offers of sale of Products that constitute the handling of stolen goods

They must ensure that any information communicated later remains correct and they are not allowed to create or use, without permission, other accounts on the Website other than their own under their own identity and/or that of a third party.

GENERAL TERMS

Update of the General Conditions of Sale

These Terms and Conditions of Sale may be modified at any time at AtelierFH’s initiative. Any modification of these General Conditions of Sale as well as the documents it refers to shall be communicated to the Client at the time of the first use of the website following this modification by sending a PDF file.

Entirety of the contract

These Terms and Conditions of Sale, the order summary transmitted to the Purchaser and, where applicable, the Special Conditions of Sale form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In general, it is expressly agreed between AtelierFH and the Client that e-mails shall provide evidence between them as well as automatic registration systems used on the Website, particularly concerning the nature and date of the order.

Applicable law – Disputes

The law applicable to these general conditions of sale and related orders is Swiss law.

The courts of Zurich, Switzerland shall have exclusive jurisdiction with respect to any disputes arising out of or in connection with this Purchase Agreement.