Terms of sale
1. Scope of application
These general terms and conditions of sale apply, without restriction or reservation, to all sales made by Atiha (“the Seller”), whose full contact details are given in article 8 below, to consumers and non-professional buyers (“the Customer”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the website https://atihabrand.com/ (“the Website”).
The general terms and conditions of sale govern the entire relationship between the Vendor and the Customer and prevail over any other agreement. In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in boutiques or through other distribution and marketing channels.
They are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website, and accepted by the Customer, on the date the order is placed.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the website from the date they are posted online, and cannot be applied to transactions concluded previously. For this reason, the Vendor invites the Customer to read the General Terms and Conditions of Sale carefully before each order.
Any order implies prior consultation and acceptance of the General Terms and Conditions of Sale by means of a checkbox provided for this purpose.
The Customer acknowledges and declares that the purchase of Products is strictly limited to personal use.
He also declares that he is of legal age and/or legally capable at the time of the transaction.
We remind you that you can contact the Vendor by e-mail at firstname.lastname@example.org.
The Products offered for sale on the website are those shown on the website on the day the Customer consults the website. The products offered for sale are described below.
Purchase of jewelry
Atiha proposes the purchase of jewelry. Each piece of jewelry is hand-crafted by Atiha’s designer. Each model is unique or made in limited quantities.
The photographs of the Products on the website are presented as faithfully as possible, but are not contractually binding on the seller.
The customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
Contractual information is presented in French and English, and is confirmed when the customer confirms his/her order.
The Products presented on the website are offered for sale in the countries listed in section 8.
In the event of an order to a country other than France, the Customer is the importer of the Product(s) concerned.
The Product ordered may be subject to import charges, customs duties or other local taxes applied when the product reaches its final destination. In such cases, the Customer acts as the importer and assumes responsibility for these costs.
3. Product offer validity period
Product offers and prices are valid as long as they are mentioned on the website. Information on the availability of Products is provided to the Customer on the day the order is placed. In the event that Products ordered and paid for are exceptionally no longer available, Customer Service will contact the Customer as soon as possible to inform him/her of this and proceed with a full refund of the sums paid by the Customer. The Vendor reserves the right to withdraw Products from sale at any time.
4. Seller’s contact details
Atiha is registered as GILLES-COMPAGNON Louise under Tahiti number D37599 in French Polynesia, whose registered office is Atiha – Legende résidence villa 31 9828 Papetoai – Moorea – French Polynesia.
Email address: email@example.com
5. Order process
The ordering process is described below:
Fill in the virtual basket by clicking on the “Add to my order” button and indicating the Products selected and the quantities required.
Check the shopping cart and modify its contents if necessary.
Click on the “Confirm order” button.
Fill in the delivery information (complete identity, e-mail address, telephone number, delivery address).
Fill in the billing address if different from the shipping address.
This information is entered under the sole responsibility of the Customer and will be deemed authentic in the event of a dispute.
At the end of the order process, the Customer is invited to choose his/her method of payment. Payment by credit card is available.
For payment by credit card, the customer must enter the details of the credit card used – Carte Bleue, Visa or Mastercard – (cardholder’s name, card number, expiry date, cvv) and is invited to consult these General Terms and Conditions of Sale, which must then be accepted by ticking the box “I have read and accept the General Terms and Conditions of Sale” in order to finalize the order.
Please refer to the Payment Conditions article for further information.
The registration of an order on the website is completed when the Customer accepts the General Sales Conditions by ticking the appropriate box, validates and pays for the order.
The Vendor will send you, without delay, by e-mail, an acknowledgement of receipt of the order, containing a summary of the information already contained in the order form (General Sales Conditions, information relating to the essential characteristics of the product, detailed indication of the price, means of payment, existence of the right of withdrawal and delivery times and costs).
After receipt of the confirmation e-mail, the order may not be modified or cancelled, except in the event of the exercise of the right of withdrawal or in cases of force majeure.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
Each delivery is made by tracked parcel service. The customer will therefore be notified by email as soon as the order has been handed over to the partner carrier, and will be able to track the progress of the order using the shipment number indicated in the email.
In accordance with the provisions of article L.121-11 of the French Consumer Code, the Vendor reserves the right to refuse or cancel an order for legitimate reasons (for example, an abnormal order quantity, an order placed in bad faith, or an order from a customer with whom there is a dispute relating to a previous order).
Products are supplied at the current prices shown on the website at the time the order is registered by the Vendor.
Prices are in Euros and include VAT, whatever the country of delivery.
Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of Atiha. They are the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities of the country concerned.
Prices take into account any discounts granted by the Seller on the website.
The Seller may reserve the right to offer promotional codes. These promotional codes may only be issued by the Seller. The Vendor cannot be held responsible for any promotional codes disclosed on the forums other than those issued by the Vendor and to which it has not consented.
These prices are firm and non-revisable during their period of validity, as indicated on the website. The Vendor reserves the right, outside this period of validity, to modify prices at any time.
The price displayed does not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the order is validated by the Customer, are entirely at the Customer’s expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The products remain the property of Atiha until full payment of the price, regardless of the date of transfer of risk.
7. Terms of payment
For payment of the price of the Products and shipping and delivery charges, the Customer may follow the procedures indicated on the order form.
The price is payable in cash, in full, on the day the order is dispatched to the Customer by the Vendor, by means of secure payment by bank card: Carte Bancaire, Visa or Mastercard.
In the event of payment by credit/debit card, financial information (e.g. credit/debit card number or expiry date) will be transferred, by means of an encrypted protocol, to Stripe, the Seller’s partner in the provision of remote electronic payment services, without third parties having access to it under any circumstances.
If payment is made via PayPal, PayPal manages all the customer’s financial information directly.
The Seller will never have any knowledge of the financial information. The Seller will liaise with Stripe or PayPal for procedures related to the purchase or to issue refunds in the event of the return of Products in accordance with the right of withdrawal, or in the event that it is necessary to prevent or report to the competent authorities the occurrence of fraud.
8. Product delivery
Products ordered by the Customer can be delivered to any country in the world. Average delivery times are 3 to 5 working days in France and 15 to 20 working days internationally.
The delivery times announced on the site are purely indicative and depend on the destination and availability of the Product ordered. Exceeding this deadline may not give rise to any cancellation of the order, any reduction in the price paid by the Customer, or any payment of damages.
However, in accordance with the provisions of article L.121-20-3 of the French Consumer Code, if the Product has not been delivered within thirty days of the day following the date on which the Customer placed the order, the Customer may cancel the order at no charge. The sums paid will then be refunded.
If possible, Atiha reserves the right to offer the Customer a product of equivalent quality and price to the initial product.
Atiha cannot be held responsible for any additional delays caused by the non-issuance of a bank authorization or an incomplete or incorrectly filled out order form.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy the situation or refund the Customer, as indicated in Article 12 – “Legal Warranty”.
9. Receipt of products and complaints
Atiha strongly advises the Customer to check the apparent condition of the products upon delivery. In the event of any anomaly (missing or damaged products) the customer :
- make any necessary reservations on the delivery receipt,
- within 48 hours of delivery, send a declaration of reserves to the carrier by
- registered mail with acknowledgement of receipt,
- send a copy of this letter to Customer Service.
Atiha – Legende résidence villa 31 9828 Papetoai – Moorea – French Polynesia.
In case of doubt, the customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product.
If this is not the case, the customer will not be able to file a claim with Atiha Vendor.
10. Right of withdrawal
The Customer has a period of 14 days to exercise his right of withdrawal on the Product. Within 14 days of receipt of the goods ordered, the Customer may therefore request an exchange or refund of the item(s) purchased.
After the 14-day period, Atiha is free to refuse the exchange, credit note or refund.
The exchange or refund procedure is as follows:
The Customer may write to firstname.lastname@example.org specifying his order number, the date of receipt of his order, his first and last name, his e-mail address, the reasons for his withdrawal and his wish.
Atiha will send an email acknowledging receipt of the withdrawal as soon as it is informed.
The Customer returns the product(s) by registered or tracked parcel post to the following address: Service Client Atiha – Legende résidence villa 31 9828 Papetoai – Moorea – French Polynesia within 14 days of informing Atiha of his or her wish to withdraw.
Atiha does not bear the cost of returning goods in the event of retraction.
Atiha does not accept exchanges. All Products are non-exchangeable and non-refundable. With the exception of the use of the right of withdrawal and defects of conformity as provided below.
12. Legal warranty and after-sales service
The products sold are covered by the legal guarantee of conformity (articles 211-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). These warranties cover both hidden and visible defects from the date of delivery. The only obligation incumbent on Atiha under this warranty is, at its option, the free replacement or repair of products recognized as defective without any other service or compensation.
Visibly defective Products must be returned to the Seller within 30 days of receipt at the latest.
This warranty does not cover damage resulting from misuse of the product, normal wear and tear due to its use, or failure to follow washing and maintenance instructions.
In order to benefit from the product warranty, it is essential to retain the product purchase invoice and the delivery note.
All nominative information collected from the customer is necessary for the processing and delivery of the order, and for the preparation of the invoice.
This information may be passed on by Atiha to its contractual partners as part of the order process, in particular to ensure the transport of the products ordered.
Customers have the right to access, modify, rectify and delete their personal data. In this case, customers may consult and modify their personal information by sending an e-mail to email@example.com.
Atiha cannot be held liable for any events, inconveniences or damage inherent in the use of the Internet network, in particular in the event of service disruption, external intrusion or the presence of computer viruses.
Furthermore, Atiha shall not be held liable for non-performance of the contract entered into in the event of unforeseen circumstances, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood or fire.
Atiha shall not be held liable for any indirect damage, operating loss, loss of profit, damages or expenses that may arise as a result of the present contract.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in the General Terms and Conditions of Sale, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
These terms and conditions of sale are governed by French law. Any dispute that cannot be settled amicably will be submitted to the exclusive jurisdiction of the competent courts of Papeete, notwithstanding multiple defendants and/or third-party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
16. Customer service and after-sales service
You can contact Customer Service free of charge by e-mail for any question relating to your order, its shipment and tracking:
By e-mail to: firstname.lastname@example.org
By post: Atiha – Legende résidence villa 31 9828 Papetoai – Moorea – French Polynesia
17. Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Atiha.
No transfer of intellectual property rights is made through these GTC, or through the sale of Products.
Any total or partial reproduction, modification or use of elements protected by these rights is strictly forbidden.
18. Applicable law – Language
The General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.