General terms of sale

Article 1 · Seller identification

These general terms of sale ("Terms") are offered by:

The "Customer" means any natural or legal person who orders a product or service from the Seller. A "Consumer" is any natural person acting for purposes outside their trade, business, craft, profession or farming activity. A "Professional" is any other Customer.

Article 2 · Scope

2.1. These Terms apply to all sales of products and services by the Workshop: solid wood furniture (tables, desks, consoles, benches, shelves, storage units, etc.), epoxy resin creations (river tables, tops, decorative objects, etc.), wood and resin objects, and lights or luminous objects running on 220-240 V mains power.

2.2. Any order implies unreserved acceptance of these Terms, which prevail over any other document from the Customer, in particular their purchasing conditions, unless the Seller agrees otherwise in writing.

2.3. The Seller may amend these Terms at any time. The applicable Terms are those in force on the date of the order.

Article 3 · Nature of the products

3.1. Standard or in-stock products: pieces made by the Workshop and offered for sale as presented (website, shop, markets, social media).

3.2. Bespoke or personalised products: pieces made to the dimensions, wood species, finishes, resin colours, lighting devices or other specifications requested by the Customer.

3.3. Unique pieces. Wood and resin are natural or craft-processed materials. Every piece is unique. Photographs, samples, plans and renderings are for guidance only and do not commit the Seller to the exact appearance of the final product.

Article 4 · Quote, order and approval

4.1. Every bespoke project is the subject of a free, dated and detailed quote (description, dimensions, wood species, finish, resin colour, electrical characteristics where applicable, price, lead time, delivery conditions). The quote is valid for [30] days from its issue.

4.2. The order becomes firm and final when the Seller receives the quote dated and signed with the words "Bon pour accord" (approved), or the online order confirmation, together with payment of the deposit provided for in article 6.

4.3. For bespoke products, the Customer approves the plans, dimensions, species and finishes in writing (email or signature) before making begins. After approval, any change requested by the Customer may lead to an additional charge and a longer lead time, or may be refused if making has started.

4.4. The Customer is responsible for the accuracy of the information they provide (measurements, access constraints, location, intended use). It is up to them to check that the product can be installed in the intended space and brought in through the access routes (stairs, doors, lift).

Article 5 · Prices

5.1. Prices are stated in euros, without VAT (VAT not applicable, article 293 B of the French Tax Code), for Consumers and Professionals alike, excluding delivery, transport, assembly or installation costs unless otherwise stated.

5.2. Any delivery, fitting or connection costs are specified in the quote or before the order is confirmed.

5.3. The Seller reserves the right to change its prices at any time. Products are invoiced at the price in force on the date the order or accepted quote is confirmed.

Article 6 · Payment terms

6.1. In-stock products: full payment with the order.

6.2. Bespoke products: a deposit of 60% of the price is required with the order; the balance is payable on delivery. No delivery is made until the price has been paid in full.

6.3. Accepted means of payment: bank transfer only, to the account shown on the quote or invoice.

6.4. Late payment (Professional Customers). Any late payment automatically incurs penalties at a rate equal to three times the French statutory interest rate, plus a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code), without prejudice to further compensation on proof.

6.5. Late payment (Consumers). The Seller may suspend making or delivery and, after a formal notice that remains unanswered, terminate the sale.

6.6. If the Customer cancels the order after making has begun, the deposit is retained by the Seller up to the value of materials purchased, work carried out and loss suffered, within the limits provided by law.

Article 7 · Making and delivery times

7.1. Stated lead times are estimates. The making time runs from receipt of the deposit and the Customer's final approval of the plans and finishes.

7.2. Lead times may be extended by wood drying times, resin curing times, supplies of materials or electrical components, or any event of force majeure.

7.3. Consumers: unless otherwise specified, the Seller delivers no later than 30 days after the contract is concluded. If this is exceeded, the Consumer may require the Seller to perform within a reasonable additional period; failing that, they may terminate the contract under articles L216-2 and L216-3 of the French Consumer Code.

7.4. Professionals: late delivery cannot give rise to penalties, damages or cancellation of the order.

Article 8 · Delivery, transport and receipt

8.1. Depending on the quote, the product is either collected from the workshop, delivered to the address given by the Customer, or shipped by a carrier.

8.2. Collection from the workshop: the Customer undertakes to collect the product on the agreed date. Beyond [15] days after notice that it is ready, storage fees of €[amount] per week may be charged.

8.3. Delivery: the Customer ensures the delivery location is accessible. Any extra cost due to an unreported access difficulty (upper floor without a lift, narrow street, carrying) may be charged.

8.4. Receipt and reservations. The Customer checks the condition of the product on delivery, in the presence of the delivery person. Any anomaly, impact or visible damage must be noted on the delivery note or reported in writing within 3 working days (reasoned reservations to the carrier, art. L133-3 of the French Commercial Code) and confirmed by registered letter with photographs. Consumer Customers retain their rights under the legal guarantees.

8.5. Risk passes on delivery or collection of the product. For Professionals, risk passes on handover to the carrier, unless otherwise agreed.

Article 9 · Right of withdrawal (Consumers)

9.1. For distance or off-premises sales, the Consumer has 14 days from receipt of the goods to exercise their right of withdrawal, without giving any reason (article L221-18 of the French Consumer Code), by sending their request to contact@atelierdepi.com or by post to the Seller's address. A model withdrawal form is available on request.

9.2. Exceptions. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the Consumer's specifications or clearly personalised (bespoke furniture, dimensions, species, resin colours, engravings or personalisation specific to the Customer).

9.3. For standard in-stock products sold at a distance, the Consumer returns the product in good condition, clean and in its original packaging, no later than 14 days after communicating their decision. Return costs are borne by the Consumer, as the product is bulky. The refund is made within 14 days of receiving the return, subject to the condition of the goods. Any loss in value resulting from handling beyond what is necessary to establish the nature and proper functioning of the goods is deducted from the refund.

9.4. For a sale concluded in a shop, at a fair, market or in the workshop, there is no legal right of withdrawal, except in specific cases of doorstep selling or fairs/exhibitions under the applicable regulations (pre-contractual information at the point of sale).

Article 10 · Specific characteristics of the materials

The Customer acknowledges having been informed of the characteristics specific to the materials, which are not defects and give rise to no guarantee, replacement or price reduction:

10.1. Solid wood

• variations in colour, figure and grain, knots, natural resin pockets, sapwood, checks or small surface cracks;
• wood is a living material that reacts to humidity and temperature: it may expand, shrink, move or warp slightly depending on the conditions of the room (underfloor heating, air too dry or too humid, direct sunlight, proximity to a radiator or fireplace);
• the colour changes over time (patina, photo-oxidation), differently depending on the species.

10.2. Epoxy resin

• micro-bubbles, slight differences in transparency, colours or pigments, pouring effects, iridescent reflections or colour variations between the piece and the sample or photograph;
• resin may yellow or dull over time, especially under prolonged exposure to UV light;
• epoxy resin is sensitive to high heat, scratches, solvents and thermal shock. It cannot withstand direct contact with very hot objects (dishes, pans, irons, etc.); trivets are essential;
• unless expressly stated otherwise, the pieces are not certified for direct food contact.

10.3. Finishes: oil, wax, varnish or lacquer. The final appearance may vary slightly from one piece to another.

Article 11 · Lighting products and 220 V electrical equipment

11.1. Compliance. The lights and luminous objects made by the Workshop run on 220-240 V AC, 50 Hz mains power. The Seller uses electrical components (cables, lamp holders, drivers, transformers, switches, plugs, bulbs, LEDs) that comply with the applicable standards and, where relevant, bear the CE mark, in particular under the Low Voltage Directive (2014/35/EU), the Electromagnetic Compatibility Directive (2014/30/EU), the RoHS Directive (2011/65/EU) and the regulations on general product safety.

11.2. Use. The product is intended for indoor use in a dry environment, unless expressly stated otherwise with a suitable ingress protection (IP) rating. The Customer must follow the use and safety instructions supplied with the product, in particular: maximum bulb wattage, cap type, ventilation, distance from flammable materials, no contact with water.

11.3. Installation and connection. For any installation requiring a fixed connection to the electrical network (ceiling light, wall light, recessed lighting or lighting built into furniture, pendant), the Customer undertakes to use a qualified electrician. The Seller accepts no liability for damage resulting from a non-compliant installation carried out by the Customer or an unqualified third party, or from a non-compliant power supply (voltage, missing or faulty earthing, insufficient protection). Products are designed for European mains sockets; use in another country (for example with UK sockets) requires a suitable approved adaptor or a connection by a qualified electrician.

11.4. Prohibited modifications. It is forbidden to modify the product, to replace the electrical components with non-compliant parts or to dismantle the device without the Seller's agreement. Any unauthorised intervention releases the Seller from liability for any resulting incident, within the limits provided by law.

11.5. Precautions. Unplug the product before any handling, cleaning or bulb change. Do not use a product whose cable or plug is damaged. Keep small parts out of the reach of children.

11.6. End of life and waste. Electrical and electronic equipment is subject to WEEE regulations. The Customer must not dispose of it with household waste; they can take it to a collection point or, when buying an equivalent product, return it to the Seller or the relevant distributor under the legal provisions. Any eco-contribution due is shown on the quote or invoice.

11.7. Furniture with built-in lighting (table, desk, shelf, headboard, display cabinet, etc.): the electrical device is supplied with instructions. The Customer undertakes not to expose it to moisture or splashes of liquid, unless otherwise stated.

Article 12 · Care and use advice

The Seller provides the Customer with suitable care advice. Failure to follow it may cause premature wear not covered by the guarantee. As a guide:

• clean with a soft, slightly damp cloth and wipe dry immediately; avoid abrasive products, alcohol, solvents and harsh household cleaners;
• do not place hot objects directly on the wood or resin;
• protect the surface with placemats, coasters and trivets;
• avoid prolonged exposure to direct sunlight, heat sources and sudden changes in humidity;
• maintain the wood periodically (care oil or wax) depending on the finish; [recommended frequency: to be completed].

Article 13 · Legal guarantees

13.1. Legal guarantee of conformity (Consumers). The Seller is liable for any lack of conformity existing on delivery of the goods, in accordance with articles L217-3 et seq. of the French Consumer Code. The Consumer has 2 years from delivery of the new goods to act. During this period the defect is presumed to have existed at delivery, without the Consumer having to prove it. In the event of a lack of conformity, the Consumer may choose between repair and replacement of the goods, subject to the cost conditions provided by law; failing that, they may obtain a price reduction or termination of the sale. The Consumer is not required to prove the lack of conformity during this period.

13.2. Legal guarantee against hidden defects. The Seller is bound by the guarantee for hidden defects in the goods sold that make them unfit for their intended use or so reduce that use that the buyer would not have bought them, or would have paid a lower price, in accordance with articles 1641 et seq. of the French Civil Code. The action must be brought within 2 years of discovering the defect. It is open to any buyer, Consumer or Professional.

13.3. Exclusions. The following are not covered: normal wear and tear, damage resulting from improper use, lack of maintenance, impact, exposure to unsuitable conditions (humidity, heat, UV), unauthorised modification or repair, non-compliant electrical installation, or the natural characteristics of the materials described in article 10.

13.4. No commercial guarantee. The Seller grants no commercial guarantee in addition to the legal guarantees described above, which apply in all cases.

13.5. How to make a claim. For any claim, the Customer contacts the Seller in writing with photographs, a description of the problem and proof of purchase. The Seller may ask for the product to be returned or inspected on site.

13.6. Transport and shipping costs. Transport and shipping costs are borne by the Customer, in particular for the initial delivery, returns following withdrawal (article 9.3), any request not covered by a guarantee (article 13.3) and any claim by a Professional Customer. The only exception, imposed by law: when the Consumer obtains repair or replacement of goods under the legal guarantee of conformity, bringing them into conformity is entirely free of charge for them, including shipping and transport costs (article L. 217-11 of the French Consumer Code).

13.7. Professionals. Professional Customers do not benefit from the legal guarantee of conformity under the French Consumer Code. They benefit from the obligation to deliver conforming goods and the legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), to the exclusion of any additional contractual guarantee. Transport, shipping, dismantling and reinstallation costs are borne by them, and the Seller is not liable for indirect losses (operating loss, downtime), within the limits permitted by law.

Article 14 · Liability

14.1. The Seller's liability is limited to direct, foreseeable and proven damage resulting from a breach of its contractual obligations. Except in cases of gross negligence or wilful misconduct, it is capped at the amount paid by the Customer for the order concerned. This limitation does not apply to personal injury or where the law prohibits it, in particular towards Consumers.

14.2. The Seller is not liable for indirect damage (operating loss, loss of opportunity, non-material damage, loss of income), nor for damage resulting from improper use, faulty installation or maintenance, or incorrect information provided by the Customer.

Article 15 · Retention of title

The Seller retains ownership of the products delivered until full payment of the price, including costs and taxes, in accordance with articles 2367 et seq. of the French Civil Code. The Customer nevertheless bears the risks from delivery. In the event of non-payment, the Seller may reclaim the products.

Article 16 · Intellectual property and image rights

16.1. The Workshop's models, designs, plans, photographs, creations and know-how remain its exclusive property. Any reproduction, copy or manufacture based on its creations is prohibited without written permission.

16.2. Unless the Customer objects in writing when ordering, the Seller may photograph or film the pieces made (without identifying the Customer or their home) to present them in its portfolio, on its website and on its social media.

16.3. If the Customer supplies a plan, drawing or idea to be reproduced, they warrant that they hold the necessary rights and indemnify the Seller against any third-party claim.

Article 17 · Force majeure

The Seller is not liable for failure or delay in performing its obligations where this results from force majeure within the meaning of article 1218 of the French Civil Code, in particular: natural disaster, fire, flood, strike, shortage of raw materials, supply disruption, failure of a carrier or supplier, equipment breakdown, epidemic, administrative decision. The Seller will inform the Customer as soon as possible. If the impediment lasts more than [90] days, either party may cancel the order, with the deposit refunded less any costs already incurred.

Article 18 · Personal data

The personal data collected (identity, address, email, phone) is used to process the order, delivery, invoicing and guarantee follow-up and, with the Customer's consent, to send commercial information. It is kept for as long as needed for these purposes and for legal obligations. Under the GDPR and the French Data Protection Act, the Customer has the right to access, rectify, erase, restrict, object to and port their data, which they can exercise by writing to contact@atelierdepi.com. They may lodge a complaint with the CNIL (www.cnil.fr). See also the Personal data section of the legal notice.

Article 19 · Mediation and disputes

19.1. Prior complaint. In the event of a dispute, the Customer first sends a written complaint to the Seller at contact@atelierdepi.com or by post to the Seller's address. The parties will endeavour to reach an amicable solution.

19.2. Consumer mediation. In accordance with articles L611-1 et seq. of the French Consumer Code, the Consumer may use the following consumer mediator free of charge: Confluence Médiations, 9 rue Pierre Ceccaldi, 91410 Dourdan, France, website: confluence-mediations-consommation.fr, after first trying to resolve the dispute directly with the Seller.

19.3. Governing law. These Terms are governed by French law.

19.4. Jurisdiction. In a dispute with a Consumer, the competent courts are those determined by the legal rules (in particular the Consumer's place of residence or the place of delivery). In a dispute with a Professional, and failing an amicable settlement, the Tribunal judiciaire of Le Puy-en-Velay has sole jurisdiction, even in the case of multiple defendants or third-party claims.

Article 20 · General provisions

20.1. Partial invalidity. If any clause of these Terms is held void or unenforceable, the other clauses remain in force.

20.2. No waiver. The Seller's failure to rely on a clause at any given time does not amount to a waiver of the right to rely on it later.

20.3. Language. These Terms are written in French. In the event of translation, only the French version is authoritative.

20.4. Acceptance. The Customer acknowledges having read, understood and accepted these Terms before placing an order.

Customer's date and signature (preceded by the words "Read and approved"):

Name: ______________________ Date: ______________________

Signature: