Terms & Conditions
These terms and conditions (together with the information and policies contained on the website and any other documents referred in these terms and conditions) set out the legal terms that apply to your use of the website https://www.atelierderive.com, the purchase of your products from Atelier Derive (registered company number KVK 83594876, VAT number NL862928953B01 whose registered office is at 3512 GV, Utrecht) and the services that are provided.
Your use of the Website, including the purchase of any of the products offered by us on the Site (“Products”) is subject to these Terms and Conditions and, by using the Website, you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change these terms and conditions from time to time by changing them on the site, although no such change will affect any order you have already placed with us.
Acces to the site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the site and is compatible with the site.
We may, from time to time, restrict access to certain features, parts or content of the site, or the entire site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
The Products are owned and sold on the website by Atelier Dérive. Atelier Dérive attempts to be as accurate as possible in the description of the products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Atelier Dérive has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the pay button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the pay button, you enter into an obligation to pay for the product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the product has been despatched. The contract between you and us in relation to the product(s) ordered will only be formed when we send you the despatch confirmation. After entering into the contract, we will be under a legal duty to supply you with goods that are in conformity with the contract.
The contract will relate only to the product(s) whose despatch we have confirmed in the despatch confirmation. We will not be obliged to supply any other product(s) which may have been part of your order until the despatch of such product(s) has been confirmed in a separate despatch confirmation.
Whilst we have taken reasonable steps to depict products as accurately as possible through the photographs and other images featured on the site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a product when you receive it.
Any information on the site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order.
What you are allowed to do?
You may only use the site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do?
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
‘Scrape’ content or store content of the site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the site;
Remove or change any content of the site or attempt to circumvent security or interfere with the proper working of the site or the servers on which it is hosted; or create links to the site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the site and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the site and anything available from the site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Atelier Dérive or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the site. In the event you print off, copy or store pages from the site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the site from time to time. You agree that your use of the site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the site or relying on any of its content.
We cannot and do not guarantee that any content of the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
The site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of our association with their operators or promoters.
Nothing in these terms and conditions shall limit or exclude our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation;
- For breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
- Under Part I of the Consumer Protection Act 1987; or
- For any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to firstname.lastname@example.org.