Terms of service
1. Subject
These General Terms and Conditions of Sale (GTC) apply to all orders placed on our website, whether by individuals or businesses, residing in Luxembourg or other countries within the European Union. These GTC govern the entire contractual relationship between our company and our customers, covering all aspects of the order, including delivery, payment, warranties, and after-sales service. By using our website, you agree to comply with the terms outlined in this document, ensuring a transparent and secure framework for all parties involved.
This document, along with those referenced herein, defines the rules for using our website as well as the terms for the sale of our products (hereinafter referred to as the "Terms"). We kindly ask you to carefully read these Terms, along with our cookie and privacy policy (the "Data Protection Policies"), before using our website or placing an order. By accessing our website or placing an order, you agree to be bound by these Terms and our Data Protection Policies. If you do not agree to them, we invite you not to use our website.
These Terms may be modified at any time; it is therefore your responsibility to review them regularly, as the terms in effect at the time of your use of the website or placement of an order will be those that apply.
For any questions regarding the Terms or Data Protection Policies, you can contact us through the means indicated in the contact section of our website.
The purchase agreement entered into between us (hereinafter the "Agreement") may be drafted in one of the languages available on our website. Our GTC aim to protect your rights as a customer while ensuring complete transparency and fairness in our interactions.
2. Acceptance of the GTC
Any order placed on our website implies full and unconditional acceptance of these General Terms and Conditions of Sale (GTC). We reserve the right to modify the GTC at any time, with the new GTC applying to orders placed after their publication. It is the customer’s responsibility to review the applicable GTC before confirming an order. In the event of any changes, we commit to informing customers through appropriate means, including an update on our website or direct communication via email. We advise our customers to regularly consult our GTC to stay informed of the latest updates and changes.
3. Your Information and Website Visits
The personal information you provide to us will be processed in accordance with our Data Protection Policies. By using our website, you consent to this processing of your information and guarantee that all data provided is accurate and complete.
4. Use of Our Website
By browsing our website and placing orders, you agree to:
- Use this site solely for the purpose of viewing products or placing legitimate orders.
- Refrain from placing fraudulent orders or providing false information. If we suspect fraudulent activity, we reserve the right to cancel the order and notify the relevant authorities.
- Provide valid information, including an email address, postal address, and other contact details necessary for managing your order. You agree that we may use this information to contact you as needed in relation to your order (as outlined in our Privacy Policy).
You may only complete an order if all required information is accurately provided. By placing an order, you confirm that you are over 18 years old and have the legal capacity to enter into a contract.
5. Products
The products offered include ceramic items such as plates, cups, bowls, dishes, and other utensils intended for everyday or special-occasion use. Each product is accompanied by a detailed description, including its specifications (dimensions, materials, color, etc.), along with illustrative photos to help customers make informed choices. While we strive to present products accurately, colors and details may vary slightly due to the screens and settings of the devices used by customers. However, we ensure that the essential characteristics of each product are clearly and precisely indicated.
Products are available while supplies last, and in case of unavailability, we will inform the customer promptly to offer an alternative solution, such as a refund or exchange. We make every effort to maintain adequate stock levels, though shortages may occur due to high demand.
We reserve the right to withdraw any product from our site at any time or to modify its related information, such as descriptions or prices. While we do our best to honor all orders, exceptional circumstances—such as production issues, availability constraints, or payment problems—may sometimes require us to decline an order even after confirmation has been sent. In such cases, if payment has already been made, we will issue a full refund, including delivery fees, as quickly as possible, using the same payment method as the original transaction. This refund will not incur any additional cost for you.
We disclaim any liability to you or any third party regarding the withdrawal of a product, changes to its details, or refusal to process an order after confirmation.
6. Product Pricing
The prices listed on our website are in euros and include all taxes (VAT included). Delivery fees are specified before order confirmation and are added to the total amount due. We reserve the right to adjust our prices at any time; however, products will be billed according to the prices in effect at the time the order is confirmed. In the event of a promotion, the applicable conditions and the duration of the offer will be clearly indicated on our website. Prices may also vary based on quantities ordered, and discounts may apply for bulk orders, which will be specified at the time of ordering.
The product price will be as displayed on our website, except in cases of obvious error. Although we make every effort to ensure accurate pricing, errors may occur. If a pricing error is detected for one or more items you have ordered, we will notify you promptly and offer the option to confirm your order at the correct price or to cancel the order. If we are unable to reach you, the order will be canceled, and any payment made will be fully refunded. We are not obligated to sell a product at a clearly erroneous price (even after sending you an order confirmation) if the error is obvious and easily recognizable by you.
7. Order
Orders are exclusively placed online. After selecting all the products you wish to purchase, they will be added to your shopping cart. We will then process your order, and you will be prompted to make the payment. To complete this, you must follow the various steps of the purchasing process, providing or verifying the required information at each stage. Throughout this process, you have the option to modify the details of your order before proceeding with payment. The purchasing process is explained in detail on our website.
Additionally, if you are registered as a user, all the data related to the orders you have placed can be accessed in the "My Account" section.
8. Payment
Payment is made securely online by credit card. The amount is debited upon order confirmation. We use encryption technologies to ensure the security of transactions. In the event of a payment issue, the order will not be confirmed, and the customer will be notified by email.
By clicking "Authorize Payment," you confirm that the credit card belongs to you. Credit cards are subject to validity checks and authorization by the issuing institution. If we do not receive the required payment authorization, we will not be held responsible for any delay or failure in the delivery of the products.
An electronic invoice will be made available on our website under the "My Account" section, which you accept.
Once the order is confirmed, a confirmation email will be sent to the customer, including a summary of the ordered products, billing and shipping information, and the total order amount. The customer is encouraged to verify this information and to contact us immediately in case of any errors. We reserve the right to cancel an order in the event of payment issues, product unavailability, or any other legitimate reason. In case of cancellation, the customer will be fully refunded as soon as possible. It is the customer’s responsibility to provide accurate and complete information to ensure proper order fulfillment.
9. Delivery
We deliver to Luxembourg, France, Germany, and Belgium. Delivery times are provided as a guideline in our "Delivery Policy" and may vary depending on the destination, order volume, and exceptional circumstances (such as strikes or adverse weather conditions). In the event of a delay, the customer will be notified and may have the option to cancel the order if the delay is excessive.
Subject to product availability and unless there are exceptional circumstances, we will strive to deliver the product(s) listed in the shipping confirmation before the specified deadline, or, at the latest, within 30 days from the order confirmation date. However, delays may occur due to unforeseen circumstances or reasons related to the delivery location.
Delivery fees are calculated based on the weight of the items, the destination, and the chosen mode of transport. The seller bears the transport risks until delivery to the customer, unless the customer selects their own carrier. In the event of damage upon receipt, the customer must notify the carrier and contact us within 48 hours.
If we are unable to meet the delivery date, we will inform you and offer the option to proceed with the purchase process with a new delivery date or to cancel your order and refund the full amount paid. Please note that home delivery is not available on Saturdays, Sundays, or public holidays.
For the purposes of these terms, "delivery" will be considered to have occurred, or the order will be considered "delivered," when you or a third party designated by you takes physical possession of the products.
If we are unable to deliver your order, we will attempt to find a safe location to leave your package. If no safe location is found, your order will be returned to our warehouse. We will also leave a notice informing you of the package's location and the steps to take for a re-delivery.
If delivery is still not possible for reasons beyond our control after 30 days from the date your order was available for delivery, we will consider that you wish to terminate the contract, and it will be canceled. As a result of the contract termination, we will refund all amounts paid, including delivery fees (except for additional charges for choosing a delivery method other than the standard and least expensive option we offer) as soon as possible, and in any case, within 14 days from the date the contract is considered terminated.
Please note that we may charge you for any additional transportation fees incurred due to the contract cancellation.
Products offered as "Preorder" on our website may have longer delivery times than other items. These specific timelines will be indicated on the site, but we guarantee that the products will be delivered within a maximum of 45 days from the order confirmation date.
For orders containing both standard items and preorder products ("Mixed Orders"), delivery may be made in separate shipments. Once the preorder products are ready, we will send you a shipping notification.
You have the right to withdraw from the contract within 14 days of receiving the physical items, without providing any justification. For mixed orders, this withdrawal period will begin upon receipt of the last product.
10. Right of Withdrawal
In accordance with applicable legislation, individuals have 14 days from the receipt of the products to exercise their right of withdrawal. The withdrawal period is 14 days from the day you, or a third party designated by you (other than the carrier), physically receive the products. For an order containing multiple products delivered separately, the 14-day period begins upon receipt of the last product.
To exercise this right, you must notify us of your decision by email or letter before the expiration of the withdrawal period. The products must be returned in new, unused condition and in their original packaging. Return shipping costs are the responsibility of the customer, unless the product is defective or there has been an error on our part.
Once the products are received and inspected, we will process the refund within 14 days, in the form of a store credit for our shop. Custom-made or personalized products cannot be subject to withdrawal, except in cases of non-conformity.
11. Warranties
Our products are covered by the legal warranty of conformity and the warranty against hidden defects, in accordance with current legal provisions. If a product has a manufacturing defect or a hidden defect, the customer is invited to contact us within 48 hours of receiving the product to assert their rights. Depending on the situation, we may offer a store credit, an exchange, or a refund for the product. For defective items, we will cover the return shipping costs. In the event of a problem with a product, we are committed to finding a quick and satisfactory solution for the customer, in accordance with applicable laws.
To the extent allowed by law, all warranties are excluded, except for the legal warranties provided to consumers, which cannot be legally excluded.
The products we offer, particularly those of artisanal manufacture, often have characteristics specific to the natural materials used, such as variations in fibers, texture, knots, or color. These characteristics should not be considered defects, but rather inherent qualities of the product that should be appreciated.
The provisions of this clause do not affect the consumer's rights or their right to terminate the contract.
12. Liabilities
We cannot be held responsible for any indirect damages that may arise from the purchase of products. Our liability is limited to the amount of the order, including in cases of non-delivery, delivery errors, or defective products. Under no circumstances can we be held liable for loss of profits, income, or data, or for damages resulting from the incorrect use of products purchased on our site. The customer is responsible for ensuring that the products are used in accordance with their intended purpose and the instructions provided.
Our liability will not be engaged if the non-performance of our obligations results from a third party, your own fault, or a case of force majeure, as defined by Article 1218 of the Luxembourg Civil Code and related case law.
However, our liability cannot be limited or excluded in the following cases:
- Death or personal injury caused by our negligence;
- Fraud or willful misconduct; or
- In any case where it would be illegal or against the law to exclude, limit, or attempt to exclude or limit our liability.
Due to the open nature of this website and the risks of errors in the storage and transmission of digital data, we do not guarantee the accuracy or security of the information transmitted or received via this site, unless explicitly stated otherwise.
13. Mediation
In case of a dispute related to the sale of items on our website, the consumer has the option to use a consumer mediator free of charge to find an amicable solution. In accordance with Articles L.411-1 to L.411-3 of the Luxembourg Consumer Code, the consumer can send their complaint by email or postal mail. Additionally, if you believe your rights have been violated, you can contact us at contact@atelierluxera.com to attempt to resolve the dispute amicably. Furthermore, in accordance with European Regulation No. 524/2013, you have the right to submit your dispute through the online dispute resolution platform for consumer disputes, available at: http://ec.europa.eu/consumers/odr/. For any previous unresolved claims submitted to our customer service within the past year, you may also resort to the competent mediation service.
To facilitate the mediation process, you can directly contact the National Consumer Mediator Service in Luxembourg:
National Consumer Mediator Service
Address: Ancien Hôtel de la Monnaie, 6, rue du Palais de Justice, L-1841 Luxembourg
Phone: (+352) 46 13 11
Fax: (+352) 46 36 03
Email: info@mediateurconsommation.lu
Website: https://www.mediateurconsommation.lu/
Public opening hours: Monday to Friday, from 9:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM.
Service Desk
This neutral and independent service will assist you in resolving your consumer dispute in an amicable and confidential manner.
14. Personal Data
The information collected during the order process is necessary for processing and delivery. These data are treated confidentially and will not be shared with third parties, except when necessary for order fulfillment (for example, sharing information with the carrier). In accordance with data protection regulations, the customer has the right to access, correct, and delete their personal data. To exercise this right, simply contact us by email. We are committed to retaining the data only for the duration necessary to achieve the purposes for which it was collected, unless otherwise required by law.
You acknowledge that all intellectual property rights, including copyrights and registered trademarks, related to the contents and information on this website are our property or that of our licensors. Any use of this information is only permitted if explicitly authorized by us or the license holders. This does not prevent the use of the site to copy essential information related to the order or your personal identifiers.
15. Viruses, Hacking, and Other Cyber Offenses
We implement all necessary measures to ensure the security of our website and your personal information. However, we cannot guarantee that the site is free from viruses, malware, or hacking activities. By using this site, you acknowledge that the internet carries inherent risks, including hacking attempts or virus propagation, and you agree to use your own security software to protect yourself.
We disclaim any responsibility for damages or losses resulting from viruses, hacking, or other cyberattacks. Any attempt to gain unauthorized access to our site, modify its content, or fraudulently use our services may lead to legal action. If you suspect a security issue, we recommend that you notify us immediately.
You must not misuse the site by intentionally introducing viruses, Trojan horses, worms, logic bombs, or other technology-related harmful elements. Any attempt to gain unauthorized access to the site, the server on which it is hosted, or any related database will be considered an offense and reported to the relevant authorities. You also agree not to attack this site with a denial of service, whether individually or through a distributed attack.
In the event of non-compliance with these rules, you will immediately lose the right to use this site. We reserve the right to inform the authorities and cooperate with them to identify the perpetrator of the violations. We disclaim any responsibility for losses or damages caused by a denial of service attack, viruses, or any other malicious device affecting your equipment, data, or information as a result of using this site or downloading content.
If our site contains links to external sites, these links are provided solely for informational purposes. We have no control over the content of these sites and disclaim any responsibility for losses or damages resulting from their use.
16. Transfer of Rights and Obligations
All rights and obligations arising from these Terms and Conditions, as well as any contract concluded between you and us, are binding on both parties, their successors, assignees, and legal representatives. You are not authorized to transfer, assign, encumber, or otherwise transfer a contract or any of the rights or obligations arising from it without our prior written consent.
However, we reserve the right to transfer, assign, encumber, subcontract, or otherwise transfer any contract or any rights and obligations arising from it at any time during the term of the contract. These transfers will not affect the rights guaranteed to you as a consumer and will not impose any limitation or restriction on the warranties we have provided, whether explicit or implied.
