This website is owned by L'OREAL LUXE USA Inc.
Registered office: 10, Hudson Yard, New York, NY 10001, USA
General terms of sale for the ateliercologne website - United States, 2015.
The purchase of products offered for sale on the ATELIER COLOGNE Website is governed by these general terms of sale ('General Terms of Sale'). These terms shall apply to the exclusion of all other terms, particularly those applicable to sales in stores.
ATELIER COLOGNE may amend or update these General Terms of Sale at any time. You may view the applicable version of the General Terms of Sale by clicking on the 'GTS' link.
1. Ordering terms and procedures
Using the ATELIER COLOGNE website, you may order products of the 'Atelier Cologne' brand online using the link www.ateliercologne.com/us_en/ exclusively for deliveries to United States, hereinafter referred to as the 'Atelier Cologne Website'.
For all exceptional orders, please contact us at [email protected].
The products are described and presented with the greatest possible accuracy, and with statement of their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.
Whenever you make an order on the Atelier Cologne Website, you will be asked to confirm your acceptance of these General Terms of Sale as in force on the date when you make your order. For this purpose, you should check the box provided, otherwise the order cannot be made.
You must ensure that you have made the right selection before confirming your order. You are hereby informed that any order is subject to a payment obligation.
For a gift order, you may include a card with text limited to 200 characters. These characters will be transcribed by hand.
You will be sent confirmation of the order by e-mail; the e-mail contains first, the acknowledgement for registration of your order with the description of the selected Atelier Cologne products, the quantity, price and shipment cost, the associated payment and secondly, the General Terms of Sale in the version accepted by you, all of the foregoing constituting evidence of the order and of the contract entered into between us.
Unless proven otherwise, the data recorded by ATELIER COLOGNE constitutes evidence of all the transactions entered into between ATELIER COLOGNE and its customers.
An order's status can be viewed at any time on your customer account accessible from the Atelier Cologne Website, with access reserved by a customer-chosen password. The information and data supplied by the customer may be modified at any time by the customer, who may also access information concerning any earlier orders.
Product offers remain valid for as long as they are visible on the website, subject to availability of stock. Should a product become unavailable after you make an order, we shall inform you of the fact as soon as possible by e-mail or by telephone, giving you the choice of either ordering another article displayed on the Atelier Cologne Website or cancelling your order. If you decide to cancel your order, you will be refunded immediately if your bank account has been debited.
All orders made on the Atelier Cologne Website are reserved for private individuals and for 'end-purchaser' businesses. The resale or distribution of Atelier Cologne products purchased on the Atelier Cologne Website is strictly prohibited. ATELIER COLOGNE is a retailer, and it is not its business to sell in large quantities the products offered for sale. Consequently, ATELIER COLOGNE reserves the right to limit the quantity of products ordered or to reject orders for large quantities of a given product, pursuant to the provisions applicable in such respect, with particular reference to Article L.122-1 of the French Consumer Code.
ATELIER COLOGNE reserves the right to change, at any time and without notice, the products offered for sale on the Atelier Cologne Website.
The prices of ATELIER COLOGNE products are shown in US dollars of the US shop. Prices shown are excluding tax and excluding handling and shipping costs.
ATELIER COLOGNE reserves the right to change, at any time and without notice, the prices of products offered for sale on the Atelier Cologne Website. Products are invoiced based on the prices shown on the Atelier Cologne Website at the time when you make your order, subject to availability of the products ordered at that time.
ATELIER COLOGNE reserves title to all products until full collection of the price by ATELIER COLOGNE. However, you shall assume all risks (particularly of theft, loss or damage) inherent in the products delivered, as from the effective date of delivery.
Apart from the cases of refund provided hereinafter, ATELIER COLOGNE shall not refund any sales tax charged on purchases made on the Atelier Cologne Website (even where the purchaser, upon receipt, ships the products onwards to a third country outside the European Union).
Any order made on the Atelier Cologne Website must be paid for immediately at the time of placing your order. We accept only payments by credit or debit card.
All orders are payable in US dollars for the US and international online shop.
Your order is shipped only after checking your method of payment and upon receipt of authorization to charge your card.
Your debit or credit card will be charged only at the time when your order is shipped. Where some of the articles ordered are unavailable, only the price and shipment costs of the available products will be charged.
ATELIER COLOGNE uses SSL encryption to protect all personal data and data relating to means of payment. In all secure pages on which the URL begins with 'https://' (where the 's' stands for 'secure'), the data is encrypted and therefore protected before being transferred over the Internet.
For some orders, you may be requested to make an authenticated secure payment using the 3D Secure system (via 'Verified by Visa®' or 'MasterCard® SecureCode'). In this case, you must enter the personal information requested by your bank in order to finalize your payment.
For the US online shop, we accept the following means of payment: Visa, Visa Electron, MasterCard, American Express, Maestro.
5. Fraud prevention
ATELIER COLOGNE reserves the right to cancel or reject an order placed by a customer with whom it is in dispute regarding an earlier order, or if ATELIER COLOGNE reasonably considers such customer to have breached these General Terms or engaged in fraudulent activity, or on any other legitimate grounds. ATELIER COLOGNE reservers the right to cancel or reject an order if it considers there was a fraud tentative in particular whenever vouchers or coupons are used that would not meet the voucher terms and conditions.
We reserve the right to limit the number of orders per account for the same product or the number of products per order for the same account. The product 'Discovery Set' can not be ordered more than 3 times a year per account.
In the event of loss, theft, or any fraudulent use of your password, you undertake to notify [email protected] immediately.
Products purchased on the www.ateliercologne.com/us_en/ Website may be delivered to a mailing address in United States. All orders shipped from ateliercologne.com/us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Deliveries costs are subject to UBS/FEDEX or USPS shipping costs, depending on the carrier elected. Before final confirmation of your order, the amount of shipment costs is clearly stated.
No order can be made for a delivery address lying outside the above-mentioned territories.
The products are shipped to the delivery address indicated by you when ordering.
In the event of more than 7 days' delay, you have the option of cancelling your order, pursuant to the statutory provisions. In this case, if you received the product after having cancelled, we shall refund you for the product and the costs of return shipment, to be effected within fourteen (14) days of our receiving that shipment, complete and in its original condition.
For security and safety reasons among others, ATELIER COLOGNE will process no order for which a general delivery, post-office box, university residence or CEDEX address is supplied.
ATELIER COLOGNE reserves the option of splitting deliveries. The charge to your credit or debit card will be similarly split to correspond to the prices of the products actually delivered. Shipment costs will be invoiced only for a single shipment and in accordance with the indications in your order summary.
7. Problems with delivery
Any failure to deliver or delay in delivering beyond seven (7) days must be reported to our Customer Service Department without delay.
You must check the goods for conformity at the time of delivery and indicate - if possible on the delivery note - in the form of handwritten reservations over your signature any anomalies observed (package open, damaged product, etc.). You should then, within three (3) days from delivery (or ten (10) days from delivery if the carrier cannot provide evidence of having enabled the consumer to check the condition of the products), contact the Customer Service Department by e-mail at [email protected].
8. Cancellation, returns, exchanges, refunds
Once it is complete, your order is forwarded to ATELIER COLOGNE for processing. You may modify or cancel the order by contacting the Customer Service Department by e-mail at [email protected].
Right of withdrawal (Returns, Exchanges, Refunds)
As required by applicable statutory provisions, you have 14 (fourteen) days from receipt of your products in which to exercise your right of withdrawal without having to state reasons, and without penalty. In the event of staggered partly deliveries, the right of withdrawal runs from the last delivery. A standard withdrawal form is set out hereafter. A customer may use the withdrawal form below, or exercise that right using any other medium provided it is exercised unambiguously and unequivocally.
Please note that samples orders are final and cannot be returned
Consumer withdrawal form pursuant to new Article R.121-1 and the Annex to the French Consumer Code
Please complete and return this form only if you wish to withdraw from your Order made on the Atelier Cologne Website - unless exclusions or limits apply to the exercise of the right of withdrawal in accordance with the applicable General Terms of Sale - and return the form directly to [email protected].
I hereby notify to you my withdrawal from the contract relating to the sale of the goods (*) below:
Ordered on ......................................... / Received/withdrawn on ......................................... (*)
Order number: ..................................................................................
Name(s) of consumer(s): ..................................................................................
Address(es) of consumer(s): ..................................................................................
Signature(s) of consumer(s) (only in the event of notification of this form in paper version):
(*) Cross out the items that do not apply.
In the event of the right of withdrawal being exercised within the above-mentioned time limit, the price of the goods purchased and the shipment costs shall be refunded in full; costs of returning the goods remain payable by you. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be re-marketed new, and returns must enclose a copy of the purchase invoice to optimize processing.
Pursuant to applicable regulations, the right of withdrawal cannot be exercised for products unsealed by the customer or products with customized marking added at your request.
You may return any product ordered on the Atelier Cologne Website for an exchange request or for refund on the terms applying to a delay of more than 7 days from the indicative delivery date or for the right of withdrawal. Refunds on returned products are made within fourteen (14) calendar days from the date when we receive the products returned by you.
For a return request, please complete and send the withdrawal form above to [email protected]. This will enable our Customer Service Department to contact you and give you instructions on how to proceed.
Pursuant to statutory provisions, the right of withdrawal does not apply to consumable products that have been opened and/or used, products of which foil or other seals have been opened, or to products or their packaging which are damaged, thus precluding their re-sale.
For legal reasons in connection with transport, the return of these products, which contain alcohol, is subject to a special procedure. The following conditions apply to the return of perfumes:
- The product must not be opened, and must be returned in its original packaging (wrapped in the transparent film).
- In the case of a product returned because it is defective or damaged during outward shipment, the customer must ensure that the bottle is still leak-tight (otherwise, please contact our Customer Service Department).
You may then return your parcel by carrier to the following address: Atelier Cologne - Internet Return, 357 Atlantic Avenue - Brooklyn, NY 11217, United States.
In the case of an exchange (excluding any product received as a gift):
- To exchange an item need to first be issued a refund and then place a separate order for new product. You can only return unused product within 2 weeks of receipt; all samples, treatment, and candle orders should be final sale.
- In the case of an exchange, the shipment costs for the first delivery shall be refunded, but the shipment costs for the second delivery shall be invoiced.
The products must be returned as indicated in the previous paragraph. ATELIER COLOGNE will make the refund within fourteen (14) ordinary working days of receipt of the returned products, by crediting your credit or debit card.
We make no refund, even in part, if you have received the product as a gift.
9. Statutory warranties, exclusions from warranty
Pursuant to the applicable statutory provisions, we will refund you for or exchange products that are defective, non-conforming or do not correspond to your order.
Products sold on the ateliercologne.com website are subject to the statutory warranties under Articles L 211-4, L 211-5 and L 211-12 of the French Civil Code and by Articles 1641 and 1648 of the French Civil Code:
Article 1641 of the Civil Code - The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 of the Civil Code - An action resulting from vitiating defects must be brought by the purchaser within two years of the discovery of such defect. In the case provided in Article 1642-1, the purchaser must bring the action, under penalty of debarment, within the year which follows the date on which the seller can be discharged from visible defects or lack of conformity.
Article L211 -4 of the Consumer Code - The seller is required to deliver a product which conforms to the contract and he is liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility.
Article L211 -5 of the Consumer Code - To conform to the contract, the product must:
- be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the purchaser in the form of a sample or model;
- have the features that a purchaser might reasonably expect it to have in consideration of the public statements made by the seller, the producer or its representative, including advertising and labeling;
- or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code - Action resulting from lack of conformity lapses two years after delivery of the product.
10. Intellectual property
The Atelier Cologne website is protected by copyright. The use of any part or all of the Site, particularly by download, copy, transmission or representation on any media and by any process for any purposes other than the user’s own private use for non-commercial purposes is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Atelier Cologne Website are also protected under trademark law. For any reproduction or representation of any part or all of the aforementioned marks or signs, the prior written permission of ATELIER COLOGNE must be obtained.
Generally, any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audio-visual or photographic works and generally, any item that may be protected by an intellectual property right, that are accessible on the Atelier Cologne Website is prohibited and constitutes infringement under Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively and strictly for the user’s own private use.
11. Limitation of liability
ATELIER COLOGNE shall in no circumstances incur liability for any direct, indirect, consequential, incidental or special damage and particularly, without limitation implied, loss of business, profits or opportunity arising from the use of the Atelier Cologne Website.
ATELIER COLOGNE shall incur no liability under these Terms where failure to fulfill its obligations is attributable to a third party even if foreseeable, to the customer or is due to an occurrence of force majeure as defined by the French courts of law, or is due to any other event that was beyond the reasonable and exclusive control of ATELIER COLOGNE.
The products offered for sale are compliant with applicable French, European and US legislation and with the standards applicable in France, Europe and the United States. ATELIER COLOGNE shall incur no liability in the event of a breach of the legislation of the country where the product is delivered (e.g. in the event of a ban on a product). You must personally contact the authorities locally to ascertain whether and on what conditions the products you intend to order can be imported or used.
Photographs are provided for illustration purposes. ATELIER COLOGNE shall incur no liability for any error or inaccuracy in the photographs or graphic representations of the Atelier Cologne products featured on the Atelier Cologne Website. We advise you to refer to the description of each product to acquaint yourself with its precise characteristics.
If you have any questions regarding the products, please feel free to contact our Customer Service Department by e-mail at the [email protected] address or by calling +1 (718) 260-8008.
Subject to applicable regulations, all texts, photographs, videos, data, notices, logos, brands, trademarks and other elements present on the Sites are supplied 'as-is', and are accessible in accordance with the availability of the Site, without any warranty whether express or implied by ATELIER COLOGNE. The website shall be used at web users' own risk, and on their own entire liability. In particular, the use of hypertext links may lead web users at the Site towards other servers to seek and view information; ATELIER COLOGNE has no control over those other servers and cannot assume liability for any risk inherent in their content.
ATELIER COLOGNE uses its best efforts to ensure the reliability of the information contained on its Sites. However, ATELIER COLOGNE cannot warrant that:
- the Site, the contents and products on offer will fully meet users' expectations;
- the Site will operate without interruption, and will be wholly error-free, or that any such error will be remedied;
- the Site is or will be entirely virus-free.
12. Personal Data - List of subscribers objecting to telephone solicitation
Your personal data is collected by ATELIER COLOGNE. This data is necessary for managing your order and for the commercial relations between us. This data may be transferred to companies which contribute to those relations, such as companies tasked with providing the services and executing the orders for management, performance, processing and payment purposes. This information and data is also retained for security purposes, so as to comply with legal and regulatory obligations, and to enable us to improve and customize the services we offer you, and the information we send you.
As required by the French Data Protection (know as Informatique et libertés) law of January 6, 1978, you have a right of access, rectification and objection exercisable on the personal data concerning you. For this purpose, you may simply write to us on-line at [email protected] or by mail at
ATELIER COLOGNE, 357 Atlantic Avenue - Brooklyn, NY 11217 - USA
indicating to us your last name, first name, e-mail address and mailing address. As required by applicable regulations, your request must be signed and must enclose a photocopy of an identity document bearing your signature, and must also specify the address at which the reply is to be sent to you. A reply shall be sent to you within two months of receipt of your request. Depending on the choices you made when creating or viewing your account, you may receive offers and invitations from our company. If you no longer wish to receive them, you may at any time request their discontinuance by stating your intention in your account space.
If a customer's telephone number is recorded when creating the customer account or the making of an order, we inform the customer that these telephone details will be used only for the proper performance of the customer's orders or to contact him or her to offer new services. Without prejudice to the foregoing, pursuant to statutory provisions, we hereby inform the customer that he or she may opt to be entered on the list of subscribers not wishing to receive marketing calls. A customer may also apply to be included free of charge on that list, which is a requirement for all professionals except those with which the customer has already entered into a contract.
13. Applicable law
These General Terms of Sale shall be governed and interpreted according to the laws of the State of New York. These General Terms of Sale are written in the English language.
We shall do our utmost to resolve amicably any disputes between us and the customer.
For any disputes, the courts of law of New York City, New York, USA, shall have sole jurisdiction.
The customer is hereby informed of the possibility of recourse, in the event of a dispute, to conventional mediation or any other alternative method of dispute settlement.