Terms and conditions
Preamble
Atelier Bobbie SAS (trading as Recitem), operator of the e-commerce sitewww.wholesale.recitem.fr[TD1] (hereinafter referred to as the "Site"), is a simplified joint-stock company with a capital of 3,000 euros, headquartered at 6 rue d'Armaillé 75017 Paris, registered with the Paris Trade and Companies Register under number 835 285 313, and having the VAT identification number FR49835285313 (hereinafter "Atelier Bobbie SAS").
Atelier Bobbie SAS uses the Site to market goods in the textile and accessories sector (hereinafter referred to as the "Products") in France and abroad. The Site is exclusively intended for professional clients (hereinafter the "Client").
The present General Terms and Conditions of Sale (hereinafter referred to as the "GTC") define the terms and conditions of online sales and product delivery, as well as outline the rights and obligations of the parties in this context.
The acceptance of the GTC by the Client is indicated by checking a box in the order form on the Site. This acceptance can only be full and complete. Any acceptance subject to conditions is considered null and void. The Client who does not accept to be bound by the GTC should not place an order on the Site.
The GTC prevail over any other general or specific conditions not expressly agreed upon by Atelier Bobbie SAS.
They may be supplemented, where applicable, by specific terms of use for certain services and/or products offered on the Site, which complement the GTC and, in the event of a contradiction, prevail over them.
The fact that Atelier Bobbie SAS does not enforce any of the GTC at a given time cannot be interpreted as a waiver of the right to enforce any of these conditions at a later time.
The invalidity of a contractual clause does not invalidate the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the GTC by Atelier Bobbie SAS shall not constitute a waiver on its part of the other clauses of the GTC, which continue to remain in effect.
The GTC, as well as all contractual information mentioned on the website, are written in French. In the event of a translation of the GTC into one or more languages, the French language shall prevail in case of contradiction or dispute over the meaning of a term or provision.
Atelier Bobbie SAS reserves the right to modify its GTC at any time.
These GTC were updated on 21/06/2024.
In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a dated copy of which can be provided to the Client upon request.
Atelier Bobbie SAS can be contacted at the following coordinates, especially for any complaints:
- Mailing address : 6 rue d'Armaillé 75017 Paris
- Email address :antoine@recitem.fr
1. Site Information and Accessibility
The Site and all its functionalities are accessible to any legal entity acting through an individual with legal capacity to contract on behalf and for the account of the legal entity, who has been previously approved by Atelier Bobbie SAS as a reseller.
The Site is accessible to all Internet users 24 hours a day, 7 days a week, except in case of scheduled or unscheduled interruptions by Atelier Bobbie SAS or its service providers, for maintenance, security reasons, or in case of force majeure (as defined below). Atelier Bobbie SAS cannot be held responsible for any damage, of any nature whatsoever, resulting from the unavailability of the Site.
Atelier Bobbie SAS does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that it will operate without failure or interruption. The company reserves the right to determine freely and at its discretion any period of unavailability of the Site or its content. Additionally, Atelier Bobbie SAS cannot be held responsible for data transmission issues, connection problems, or network unavailability.
In a technical or commercial context, Atelier Bobbie SAS reserves the right to make enhancements to the Sites. When these modifications do not substantially and negatively affect the terms of service provision, the Client may be informed of the changes made, without requiring their acceptance.
2. Products
Each Product offered for sale and presented in the catalog published on the Site is accompanied by a detailed description outlining its main characteristics.
The Client is fully informed that the images, photos, and colors of the items for sale may not correspond to the actual colors due to the Internet browser and screen used.
The Products available for sale on the Site are subject to availability while stocks last.
En cas de rupture de stock des Produits commandés ou d’un délai d’expédition des Produits en précommandedépassant les quatre-vingt-dix (90) jours[TD2], nous nous réservons le droit de vous proposer des Produits de remplacement de qualité et de valeur égales ou supérieures, que vous aurez la possibilité de commander. Si vous ne souhaitez pas commander ces Produits de remplacement, nous vous rembourserons intégralement les sommes que vous avez payées.
3. Prices
The Prices of Products sold on the Site are displayed per item and reference, and are expressed in euros. The applicable prices are those displayed on the Site at the time of order placement.
The Prices of Products are those indicated on the Site, regardless of the delivery destination, and are excluding tax (HT), excluding shipping costs, which remain the responsibility of the Client. Shipping costs will be calculated based on the order and indicated at the time of validating your cart, and cannot be subject to a later claim. Any customs duties and other taxes that may apply to the sale are also the responsibility of the Client.
Atelier Bobbie reserves the right to modify its prices at any time while guaranteeing the Client the application of the price in effect on the day of the order.
Promotional codes and gift cards cannot be used for the purchase of gift cards.
4. Access to the catalog
To access the catalog and place an order, the Client must first be authorized to become a reseller by Atelier Bobbie SAS. This requires filling out the designated form and providing all mandatory information. The Client guarantees that all provided information is accurate, up to date, and truthful, without any misleading details. The Client also agrees to regularly update this information by notifying Atelier Bobbie SAS.
The collected information is then submitted to Atelier Bobbie SAS for analysis. Selection is based on objective criteria, such as the revenue generated by the Client or the Client's business location, though this list is not exhaustive. Atelier Bobbie SAS commits to making decisions without any discriminatory criteria.
Once the request is approved, the Client receives an email with their login details to access the catalog and place orders.
Approval of the request automatically results in the creation of an account in the Client's name, providing access to a personal space that allows them to manage their orders in the format and using the technical means that Atelier Bobbie SAS deems most appropriate.
This professional information is secured by a password to ensure that only the Client has access to it.
The Client is informed and agrees that the information entered for the creation or update of their account serves as proof of their identity. The information entered by the Client becomes binding upon validation.
Atelier Bobbie SAS strongly recommends that the Client does not disclose their password to anyone. The Client is also responsible for logging out of their account and closing the browser session after each use to prevent unauthorized access to their personal data. The Client must keep their password confidential and is solely responsible for any fraudulent use of it. The Client must immediately inform Atelier Bobbie SAS if they notice that their account has been used without their knowledge.
In accordance with the law of January 6, 1978, the Client has the right to access professional data concerning them, which they can exercise by contacting Customer Service in writing at antoine@recitem.fr, without prejudice to their right to object, for legitimate reasons, to the processing of this data.
5. Order
To place an order, the Client logs into their professional account, selects the desired products and quantities, and adds them to their virtual cart. The Client then reviews their order by clicking on the cart, proceeds to checkout, and provides the necessary delivery, billing, and payment information..
The registration of an order is completed after accepting the General Terms and Conditions by checking the designated box and after the order is validated by Atelier Bobbie SAS.
The acknowledgment and acceptance of the order are confirmed by sending an email to the address provided by the Client in the order.
The data recorded in our computer system serves as proof of all transactions made with the Client. Atelier Bobbie SAS reserves the right to cancel or refuse any order from a Client with whom there is an existing dispute regarding the payment of a previous order.
It is specified that for an order to be valid, the Client must order a minimum of €500 excluding tax in Products, representing at least three (3) units per reference.
6. Intellectual Property
The "Recitem" brand, its figurative logo(s) representing this brand, and all other brands and logos related to Atelier Bobbie and Recitem, whether registered or not, displayed on the site are the property of Atelier Bobbie SAS. Any use, reproduction, distribution, or representation, whether partial or complete, of these brands and logos without the explicit authorization of Atelier Bobbie SAS is strictly prohibited www.wholesale.recitem.fr, ainsi que le nom de domaine www.wholesale.recitem.fr are the property of Atelier Bobbie SAS
The Site as a whole, as well as its components (including texts, software, animations, photographs, videos, illustrations, logos, and more generally all distinctive signs, etc.), constitute intellectual creations protected by Articles L.111-1 and following of the Intellectual Property Code. The Site and its components are the exclusive property of "Atelier Bobbie SAS," which alone is authorized to use the related intellectual property rights and personality rights, including trademarks, models, copyrights, and image rights, either originally or by license or express authorization.
All models presented on this site featuring original and exclusive illustrations are the property of "Atelier Bobbie SAS," which holds the copyrights. Any partial or complete reproduction, as well as any public or private use on any medium (web, paper, etc.), is strictly prohibited.
The use of all or part of the Site, including downloading, reproduction, transmission, representation, or distribution for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions subjects the author to penalties under the Intellectual Property Code for copyright infringement (Article L.335-3), trademark law (Article L.716-9), and the Civil Code for civil liability (Article 9, Articles 1382 and following).
The creation of any hyperlinks pointing to any web pages or elements of the Site is prohibited, except with prior written authorization from Atelier Bobbie SAS, which can be revoked at any time. The use of all or part of the Site, including downloading, reproduction, transmission, representation, or distribution for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions subjects the author to penalties under the Intellectual Property Code for copyright infringement Article L.335-3, trademark law Article L.716-9, and the Civil Code for civil liability Article 9, Articles 1382 and following.
All websites with a hyperlink directing to the Site or any of its components are not under the control of Atelier Bobbie SAS. Therefore, Atelier Bobbie SAS disclaims all responsibility including editorial regarding access to and content on these sites.
7. Payment Terms
For any first order, the price is payable in full upon receipt of the proforma invoice.
For any restock order, the price is payable in full within 30 calendar days from the invoice issuance date.
It is specified that Atelier Bobbie SAS issues electronic invoices. These serve as original invoices for the application of Articles 286 and 289 of the French General Tax Code. By accepting these General Terms and Conditions, you agree to receive invoices in electronic format.
Payment can only be made by bank transfer, using the bank details provided on your invoice.
Payments made will only be considered final after the actual receipt of the amounts due.
In case of late payment of the amounts due by the Client beyond the fixed deadline, late penalties equivalent to three times the legal interest rate will be automatically and rightfully owed to Atelier Bobbie SAS, without any formalities or prior notice.
In case of non-compliance with the payment conditions mentioned above, Atelier Bobbie SAS also reserves the right to suspend or cancel the Client's ongoing orders or to suspend the fulfillment of its obligations.
Finally, a fixed recovery fee of 40 euros will be due by the Client, automatically and without prior notice, in case of late payment. Atelier Bobbie SAS reserves the right to request additional compensation from the Client if the actual recovery costs exceed this amount, upon presentation of supporting documents.
8. Discounts and rebates
The Client can benefit from discounts and rebates on Atelier Bobbie SAS's prices based on the quantities purchased or delivered in a single transaction and location, as well as the frequency of their orders.
9. Delivery
For any order placed on the Site, and subject to the provisions of Article 1, when all the products in your order are in stock, we commit to preparing your order within 2 to 6 business days (excluding weekends and public holidays), and within a maximum of 10 business days during peak periods (Christmas, sales, etc.).
Atelier Bobbie SAS commits to delivering the Product(s) within a maximum of 90 business days from the order date (excluding custom orders). For custom products, an estimated delivery time is provided to the Client before the order is placed.
Delivery will be made to the address provided by the Client when placing the order.
Atelier Bobbie SAS commits to delivering Products that conform to the order and are packaged adequately to preserve their integrity. Atelier Bobbie SAS reserves the right to make partial and/or early deliveries of the Products.
Shipments will be carried out by external carriers partnered with Atelier Bobbie SAS. Different delivery methods may be available depending on the categories of Products and their weight.
The Client is informed before order confirmation about the possible delivery methods for the ordered Product, as well as the corresponding time frames and costs for each method.
The Client must select the desired delivery method and provide all necessary information for the effective delivery of the Product according to this method.
The countries where the Client can place an order and have it delivered are those listed on the Site.
The delivery charges applicable to the order are those indicated on the site at the time of the order in the FAQ section "Shipping and Returns."
The Client is solely responsible for retrieving the delivered Products within the necessary time frames.
The Client must ensure that the provided information is accurate and remains so until the complete delivery of the ordered Product(s). Therefore, the Client agrees to inform Atelier Bobbie SAS of any changes in billing and/or delivery details between the order and delivery by promptly emailing the customer service address. Otherwise, in case of delay and/or delivery error, the Client cannot hold Atelier Bobbie SAS liable for non-delivery, and the customer service will contact the Client for a second delivery at the Client's expense.
10. Reservations
Upon receipt of the Products, the Client is responsible for verifying the condition of the delivered Products with the carrier. In case of loss or damage noted upon receipt, the Client must make reservations in accordance with the provisions of Articles L. 133-3 and following of the Commercial Code.
The Client has a period of thirty (30) days from the receipt of the Products to submit any claim in writing. No claim will be accepted if these procedures are not followed by the Client.
Atelier Bobbie SAS undertakes to promptly replace, at its own expense, the delivered Products that show a conformity defect, once it is properly proven by the Client.
11. Legal Warranty
All Products available for sale on the Site are covered by the warranty against hidden defects (in accordance with Articles 1641 and following of the Civil Code). This warranty allows the Client to return defective delivered Products at no cost. However, the warranty does not apply to Products that have been modified, repaired, or integrated by the Client.
It does not cover apparent defects that the Client could have noticed or should not have ignored at the time of the order, particularly considering the information provided by Atelier Bobbie SAS.
Furthermore, the warranty does not cover damages occurring after the transfer of risk to the Client, which takes place on the day of delivery of the Products, or damages caused by inappropriate use of the Product.
If the Client discovers a hidden defect as defined in Article 1641 of the Civil Code, they have the option to exercise the legal warranty against hidden defects within two years from the discovery of the defect.
To invoke this warranty, the Client must submit their request to the Customer Relations Service at the address antoine@recitem.fr.
In case of invoking the warranty against hidden defects, Atelier Bobbie SAS commits, after evaluating the defect, either to fully refund the price of the returned Product by issuing a credit note or to replace the returned Product.
12. Retention of Ownership
Atelier Bobbie SAS retains ownership of the Products sold until full payment of the price by the Client. This allows Atelier Bobbie SAS to reclaim possession of the Products. Any advance payment made by the Client will remain with Atelier Bobbie SAS as a lump sum compensation, without prejudice to any other actions it may take against the Client as a result.
However, the risk of loss and deterioration is transferred to the Client upon delivery of the ordered Products.
13. Responsibilities and Obligations
13.1 Customer obligations
Customers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs and constraints prior to purchasing said Products.
It is also the responsibility of Customers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.
13.2 Responsibility of Atelier Bobbie SAS
Atelier Bobbie SAS commits to regularly conducting checks to verify the operation and accessibility of the Site. In this regard, Atelier Bobbie SAS reserves the right to temporarily suspend access to the Site for maintenance reasons. Similarly, Atelier Bobbie SAS cannot be held responsible for temporary difficulties or inability to access the Site that arise from circumstances beyond its control, force majeure, or disruptions in telecommunication networks.
Atelier Bobbie SAS's liability is excluded in case of direct or indirect harm to property or persons, suffered by the Client or a third party, resulting from the following cases:
- Negligence or fault committed by the Client or by a third party
- Any use under conditions clearly not in conformity with the intended use of the Products.
Atelier Bobbie SAS cannot be held liable for non-performance or delay in the execution of orders due to circumstances beyond its control or force majeure, expressly defined as including, in addition to those typically recognized by French jurisprudence: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, telecommunications network breakdowns or blockages, damages caused by viruses that cannot be eradicated by existing market security measures, as well as any legal or regulatory obligation imposed by competent authorities that would substantially modify these Terms and Conditions.
In any case, the liability that Atelier Bobbie SAS may incur under these terms is expressly limited to proven direct damages suffered by the Clients.
Atelier Bobbie SAS uses software to retrieve, compile, and sort raw data provided by third parties. This software generates study reports based on this data. Therefore, Atelier Bobbie SAS cannot guarantee the reliability or accuracy of this information, including the results produced by the study reports, which are the subject of the Products. Atelier Bobbie SAS cannot be held liable in this regard.
Atelier Bobbie SAS cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the Client accesses via hypertext links on the Site.
Atelier Bobbie SAS assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
Atelier Bobbie SAS is also not responsible for transactions between the Client and any advertiser, professional, or merchant (including its potential partners) to whom the Client may be directed via the Site. Atelier Bobbie SAS shall not be party to any disputes with these third parties regarding the delivery of products and/or services, warranties, statements, or any other obligations they may have.
14.Applicable Law, Competent Jurisdiction
These General Terms and Conditions of Sale are governed by French law. Any dispute concerning their validity, interpretation, or execution falls under the exclusive jurisdiction of the courts of Paris, unless otherwise required by mandatory provisions.
All disputes arising from these General Terms and Conditions of Sale and any agreements arising from them, including their validity, interpretation, execution, resolution, consequences, and aftermath, shall be brought before the Commercial Court of Paris.
ANNEXE 1 - LEGAL TEXTS RELATED TO WARRANTIES
Article 1641 of the Civil Code
Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.
Article 1643 of the Civil Cod
Il est tenu des vices cachés, même s'il ne les connaissait pas, à moins que, dans ce cas, il n'ait stipulé qu'il ne sera obligé à aucune garantie.
Article 1644 of the Civil Cod
In the case of Articles 1641 and 1643, the buyer has the option to return the item and receive a refund of the price, or to keep the item and receive a partial refund of the price.
Article 1648 alinéa 1er of the Civil Cod
The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
