Terms and conditions - Workshoptonic

TERMS AND CONDITIONS

PREAMBULE 

Workshoptonic trademark, The Apster Sas, 78 avenue Raymond Poincaré 75116 Paris Siret : 81492434600012 Naf : 7410Z N°CNIL : 1928366 Au capital de 1000 euros 
TVA : FR85814924346 
Téléphone : +33 (0)1 85 08 64 89 Heberger & Server : OVH

These Terms and Conditions set out the rights and obligations of The Apster Sas. and the Customer.


The Terms and Conditions, the Order form and the Order confirmation constitute the sale contract between Workshoptonic and the Website’s Customer upon the sale of the ordered Products. The Customer acknowledges, prior to placing an Order, that he has read and agreed to all the information aforementioned.


Workshoptonic reserves the right to make alterations to these Terms and Conditions.
The Customer agrees to comply with the current version of Terms and Conditions by only ordering and purchasing on Workshoptonic’s Website.


Any Customer who does not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions to any new Order must give notice of this and, from the date on which the new version becomes effective, the Customer must cease to use the Website.

1-PURPOSE

The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in the context of online selling of Products proposed in this e-shop by Workshoptonic. The Customer acknowledges, prior to placing the Order, that he has read and agreed to all information included in these Terms and Conditions.

The Customer declares that he has the legal capacity to enter into this Agreement.

2-OFFER COVERAGE

The geographic area of the offer coverage : Europe, United states, Afrique, Arabie, Asie, Amérique du nord, Amérique du sud, Russie, Océanie.

3-CREATING AN ACCOUNT

To place an Order on the Website, the Customer must create an account by completing a subscription form. The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading or slanderous information is likely to result in immediate closing of the Customer’s account and cancellation of his Order(s) by Workshoptonic. The Customer’s account can be accessed by Him at any time by using his login and password.  The Customer is responsible for all actions conducted on the Website while using his login and password. Any user, having subscribed to the Website, shall be liable for any Order placed while connected with his login and his password.

4-PLACING AN ORDER

A Customer may place an Order, on www.workshoptonic.com once logged with his member account. While browsing through the Website, the Customer may add a Product to his shopping basket by clicking on the ‘Add to basket’ button. At any time and until final Order confirmation, the Customer may change his mind, modify quantities or remove one or more selected Products. Customers may also ask for Product information or place an Order directly by calling our Customer Service at +44 (0)203 445 0522 (UK local rate) or +33 (0)1 85 08 64 89 (France local rate) All communication costs are at the Customer’s charge.

If necessary, the Customer has the right to request access to the personal data which we may hold or process about Him. The Customer has the right to require us to correct any inaccuracies free of charge. Workshoptonic may not be held responsible for any incorrect personal details entered by the Customer nor for the consequences related to any delays during the delivery process. As a result, all return costs would be at the Customer’s charge.

Following validation of the shopping basket, the Customer shall confirm his Order by :

-    Completing all the requested information,

-    Accepting the Terms and Conditions,

-    Validating the payment,

Therefore, by clicking on the ‘Submit’ button, the Order is an offer to Workshoptonic to buy the goods on the Website.

5-CONFIRMATION OF ORDER

Once the Order is confirmed by the Customer, the Customer will receive an acknowledgement of receipt by e-mail to confirm the Order including all elements (such as the list of ordered Products, price, date of delivery, shipping costs…). The contract shall only be effective upon Workshoptonic’s confirmation email and the Order will be established once the corresponding payment will be made by the Customer. The Customer is guaranteed the price posted on the Website at the time of purchase, which is updated daily. The Product offers proposed on the Website shall be valid as long as the Products related thereto are on line. Promotional offers will be mentioned clearly onsite with period of effectiveness. Workshoptonic reserves its right not to confirm the Order for any legitimate reason, in particular for any problem of Products procurement or any problem concerning the received Order.

6-PRICE AND DELIVERY COSTS

Prices are indicated in euros, British Pounds or US Dollars inclusive of VAT. Workshoptonic reserves the right to modify Product’s prices at any time without notice but the applicable price of the Order will be notified in the summary of the Order before payment.  The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the summary of the Order before payment. Delivery costs by country can be looked up in the delivery section of the Website.  For a delivery inside the EU, the prices include the VAT applicable at the date of the Order. Any variation of the VAT applicable rate may affect the sale price of the Products.  In the event of delivery outside the EU, the Customer will have to pay for customs duties or VAT or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.  If the correct price of the goods is higher than the price stated on our Website, we may, if possible, reject the Order in our discretion, in which case we will notify the Customer of such rejection and the correct price for the goods.

7- PAYMENT

The Customer undertakes to pay the total price of the Products and shipping costs as stipulated on the Website and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of Products in the country of delivery, directly to the forwarding or customs agent.  

Payments can be made by one of the following payment methods :

-    Credit Card (MasterCard, Visa, American Express),

-    Paypal,

-    Bank transfer,

-    Bank check ( Only for France)

More information on payment methods is available in our Payment section. When approving the Order form, the Customer warrants Workshoptonic that he has all authority needed and sufficient funds to use such a payment method.While paying by credit/debit card, the payment cannot be cancelled. The payment is irrevocable, without prejudice for the Customer to exercise his rights. The Customer account will be debited the working day following the Order confirmation.

While paying by bank transfer, the bank details will be provided in the Order confirmation email. Failing receipt of the bank transfer within seven (7) days from the Order confirmation by Workshoptonic or in case of rejection by the bank, Workshoptonic is entitled to cancel the Order.

In accordance with existing information protection regulations, Workshoptonic does not store members' bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details. The Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information.

Workshoptonic never has access to any confidential information about the means of payment. Indeed, only CM-CIC, our banking partner, has access to confidential information (card number, validity date) that cannot be accessed by any other third party.

Workshoptonic reserves its right to claim the return of the ordered Products in case of non full payment. Under those circumstances, and upon Workshoptonic’s request, the Customer shall return any Product for which the payment has not been received. The Customer shall pay for any costs in connection therewith.

8-DELIVERY

Products will be delivered to the address indicated by the Customer in the Order form, after confirmation of the Order. An email will be sent to the Customer as soon as the Products are shipped. The area of delivery corresponds to the geographical area covered by the offer that can be looked up in. Information displayed on the Website related to availability is subject to change without notice. Workshoptonic cannot guarantee permanent or continuous availability of all Products on the Website. All Orders are subject to availability at all times. 

Deliveries will be made according to the information on the Product pages after confirmation of the Order. If an Order contains Products deliverable at different dates, the Customer may choose to receive each Product according to the delivery dates stated on the Product pages of each item, by contacting the Customer service. However, this service may involve higher delivery costs to the Customer which will be indicated by the Customer Service. If the Customer chooses to receive his Order in one batch, the longest delivery period indicated on the Product pages shall be the one to refer to.

Delivery shall be deemed to have been made when the Products are delivered to the Customer at  the address indicated in the Order confirmation. The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery.

In case of absence of the Customer during delivery, a notice will be left by the carrier. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to Workshoptonic. Workshoptonic will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.  Transfer of risk intervenes on the delivery, at the address indicated on the Order confirmation or when the Customer collects the Product(s) from the carrier.

The Customer shall check the content, the conformity and the condition of the Product(s) on delivery thereof. 

In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall express all reserves and complaints which would seem justified, even to refuse the parcel. Therefore, Workshoptonic advises the Customer to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel.

If the Customer notes any damage, he shall reject the Products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Products. A copy shall be sent to Workshoptonic.

9-WARRANTY - CANCELLATIONS

The information given on each Product page is as provided to Workshoptonic by the suppliers. This includes in particular pictures, technical specifications and descriptions. In order to avoid any trouble, Products are verified in accordance with their descriptions by Workshoptonic before their shipment. However, due to technical reasons (photographic and IT constraints), the actual Products may differ slightly from pictures provided on the Website. In the event of non-conformity of any Product delivered to the Customer, the latter may return it to Workshoptonic.

Some Products may be subject to an extended warranty provided by the manufacturer. In this case, the procedure and the warranty period are mentioned on the Website’s Product page and detailed in the Product’s manual delivered with the Product. The warranty does not cover damages, breaks or malfunctions from non-respect of precautionary measures. Apart from the exceptions stated below and for the purposes of sales events, all Products sold are subject to the Cancellations clause.  Under Regulation 10 of the Distance Selling Regulations, the Customer has the legal right to cancel his Order within fourteen (14) working days, starting on the day after the day on which the goods are received.

Indeed, with regard to the Sale of Goods Act 1979 and under Regulations 6 and 13 of the Distance Selling Regulations. The Customer returning a Product within this period will obtain a reimbursement of both the amount of the Product and the shipping costs (which do not include the returning costs). Following Workshoptonic’s proposal, the Customer having exercise his Cancellation’s right, may choose for an exchange or a credit of the same amount.

You can exercise your right to cancel by e-mail or another durable medium. In order to process the return as fast as possible and most convenient for you, we would like you to contact our Customer Service :

- by e-mail : via the direct contact form available from our contact page at http://www.workshoptonic.com/gb/contactez-nous - By phone : + 44 (0)203 445 0522 (UK local rate) from 10am to 12am and 2pm to 6pm – Monday to Friday. - by mail to the address Workshoptonic – Customer Service - 78 avenue Raymond Poincaré 75116 Paris – France

Any goods returned without prior notice and accordance by our Customer Service will not be accepted. Any goods returned must be packed in their original packaging. Workshoptonic may claim refund to the Customer in case of damaged products or goods which have been used and sent without applying reasonable care.

The Customer will be refunded within (30) days from the Order is received in our warehouse. Refunds are generally made by bank transfer so Workshoptonic may need the Customer’s bank details.

10-PRODUCT CONDITIONS OF USE

Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications and components of the Products and ensure that they are compatible with his private use. The Customer undertakes to respect instructions of use given by the suppliers and available on the packaging and the Product’s manual before use. For further information on the Product’s specifications, please contact our Customer Service.

11-LIABILITY

Products offered on the Website are compliant with the applicable legislation and standards in France. Workshoptonic undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the Website shall be applied. The Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import, export or use of the Products.

Workshoptonic is solely responsible for the supply of Products in the conditions described in these Terms and Conditions. In no event shall Workshopdesign’s liability be engaged for advices, recommendations and Product conditions of use provided by the Suppliers on Product’s manuals.

Workshoptonic’s liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. Workshopdesign shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products.

Workshoptonic shall not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, or to the act, unforeseeable and unavoidable, of a third-party during the Products delivery, or due to a case of force majeure, unforeseeable, uncontrollable and external.

Workshoptonic shall not be held responsible for (i) content available on other sites or Internet sources accessible through hypertext links inserted on the Website (and in particular owing to advertisements, Products, services or any other information) neither (ii) for any damages of any kind resulting from visiting those sites.

The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, Workshoptonic shall not be held liable for non- availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order. In view of the world-wide nature of the Internet network, the Customer agrees to comply with all rules of public policy concerning behaviour of the users of the Internet network and applicable in the country from which he uses the Website.

12-PRIVACY POLICY

Workshoptonic does not pass on the Customer’s details to any third party unless the Customer has given permission to do so. The personal information requested from and related to the Customer is essential to process and ship his Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires. This information may also be provided to judicial of administrative authority.

Pursuant to Act dated January 6 1978, the Customer may exercise its right of access, correction and deletion of the information related to Him by modifying directly his personal information in his member account page or by writing to, or calling, Workshoptonic, 101 rue de Sèvres, 75006 Paris Phone + 44(0)203 445 0522. All information provided by the Customer will be treated securely and strictly in accordance with the Data Protection Act 1998.

When creating or consulting their online accounts, Customers will have the option of choosing whether to receive from Workshoptonic, and/or partners, commercial or promotional offers by e-mail. Should the Customer wish, for any reason, to not receive such offers, he shall at any time cancel his subscription whether by clicking on the corresponding link in the e-mails or by modifying his details on his online account. Workshoptonic will  store the contract's content and will send you the details of your order as well as the general terms via e-mail. You can find the Terms and Conditions here at all times. The details about your recent orders can be found in your customer account. »

The Website makes use of “cookies”, i.e. fragments of information that may be stored on the user's hard disk. Cookies do not contain any personal data but can simplify the use of the Website. Cookies for instance are used to keep track of the user’s language code, so that on his next visit the user automatically ends up with information in his native language. The use of cookies is generally accepted and virtually all important websites use them.

If the Customer does not wish Workshoptonic to automatically place cookies on his PC's hard disk, he can change his browser settings so that these cookies are automatically rejected, or so that he may be informed of such placement of a cookie. The Customer should bear in mind that if he rejects cookies, certain parts of the Website may not work or may be less accessible.

13-INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are protected by copyright, brand and patent law. They remain the exclusive property of Workshoptonic.

The Workshoptonic’s  trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of Workshoptonic, with exception to visuals, trademarks and logos of suppliers of Products offered on the Website.

Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of Workshoptonic is strictly forbidden.

Any hypertext link to the Website is strictly forbidden without express agreement from Workshoptonic. A Customer willing to place a hypertext link on his personal site directly to the home page of the Website must ask express permission to Workshoptonic.

14-MISCELLANEOUS 

In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective. The acceptance by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document.

The scope of the proof of the information delivered by Workshoptonic’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand. Emails sent between Workshoptonic and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.

The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy.

The fact that Workshoptonic or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.

Workshoptonic shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

15-LAW - DISPUTES

These Terms and Conditions in the English language shall be performed and interpreted in accordance with the legislation of France.

In the event of a dispute, the Customer must first of all contact Workshoptonic in order to attempt to reach a friendly solution. Failing this, the Courts of Paris (France) shall have sole jurisdiction.

The Terms and Conditions also apply for all Website’s users.