Conditions d’utilisation

OVERVIEW

This website and online store are operated by Emporia Ventures CommV, trading as Atelier Les Muses.

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Emporia Ventures CommV and Atelier Les Muses.

These Terms of Service govern your access to and use of atelierlesmuses.com, including all information, content, features, tools, products and services made available through the website.

Atelier Les Muses is hosted on Shopify, which provides the e-commerce platform that enables us to offer our products and services to you.

By visiting our website or placing an order, you agree to these Terms of Service together with the policies referred to in them, including our Privacy Policy, Return and Refund Policy and Shipping Policy.

Nothing in these Terms limits or excludes any mandatory rights granted to consumers under applicable Belgian or European law.

These Terms are intended primarily for sales to consumers. Separate written terms may apply to wholesale, professional or other business-to-business orders.

SECTION 1 – BUSINESS INFORMATION

The online store is operated by:

Emporia Ventures CommV
Trading as: Atelier Les Muses

Registered office:
Streeklaan 44
3060 Bertem
Belgium

Enterprise number: 1020.529.872
VAT number: BE 1020.529.872
Register of Legal Entities: RPR Leuven

Email: ingrid@lesmuses.be
Telephone: +32 468 19 57 53

SECTION 2 – ACCESS AND CUSTOMER ACCOUNTS

You must have the legal capacity required under the law applicable to you to place an order through our online store.

When using our website or placing an order, you agree to provide information that is accurate, current and complete.

You are responsible for keeping your customer-account credentials confidential and for activity conducted through your account. Please contact us promptly if you suspect that your account has been accessed without permission.

You may not use another person’s identity, payment information or customer account without their authorisation.

Creating a customer account is not required unless this is expressly indicated during checkout.

SECTION 3 – OUR PRODUCTS

Atelier Les Muses offers handmade jewellery created using materials such as natural gemstones, freshwater pearls and premium gold-plated components.

We make reasonable efforts to describe and display every product accurately. However, the appearance of colours may vary slightly depending on lighting, photography and individual screen settings.

Natural gemstones and freshwater pearls may show variations in colour, shape, size, texture, pattern and surface. Handmade jewellery may also show minor differences between individual pieces. These natural and artisanal variations form part of the character of the product and are not defects, provided that the product remains consistent with its description and the quality a customer may reasonably expect.

Product photographs are illustrative of the design and overall appearance. Where a product contains natural materials, the exact stones or pearls supplied may not be identical to those shown in the photographs.

We may improve, modify or discontinue products that have not yet been ordered. Changes made after an order has been accepted will not affect that order without the customer’s agreement.

Product availability and production times may vary. Any relevant made-to-order or processing information will be stated on the product page.

SECTION 4 – PRODUCT CARE AND MATERIAL INFORMATION

Customers should follow the care instructions supplied on the product page or with the jewellery.

Unless expressly stated otherwise, jewellery should be protected from water, perfume, cosmetics, cleaning products, excessive moisture and prolonged friction. Normal wear, gradual fading of plated surfaces and damage caused by improper use or storage are not manufacturing defects.

Customers with known metal sensitivities or allergies should review the materials listed on the product page and contact us before ordering when additional information is required.

Nothing in this section limits the customer’s statutory rights concerning defective, unsafe or non-conforming products.

SECTION 5 – ORDERS AND CONCLUSION OF THE CONTRACT

Products displayed on the website constitute an invitation to place an order.

Before submitting an order, you will have the opportunity to review and correct the products, quantities, delivery information and payment information entered during checkout.

By clicking the final order button, you place an order with an obligation to pay.

After placing your order, you will receive an electronic order confirmation. The sales contract is concluded when we confirm acceptance of the order.

We may refuse or cancel an order on reasonable grounds, including:

• a product being unavailable;
• payment not being authorised or completed;
• an obvious error in the price or product information;
• suspected fraud, misuse or unauthorised payment;
• the delivery address being outside our available shipping zones;
• an order exceeding an applicable purchase or stock limit;
• a legal or regulatory restriction preventing us from fulfilling the order.

When an order is refused or cancelled after payment has been received, all amounts paid for the cancelled products will be refunded without undue delay using the original payment method.

We will contact you using the email address, telephone number or billing details supplied with the order when additional information is required.

SECTION 6 – ORDER CHANGES AND CANCELLATIONS

Please review your order carefully before submitting it.

You may request a change or cancellation by contacting us at ingrid@lesmuses.be. We will make reasonable efforts to accommodate the request while the order has not yet entered production, processing or fulfilment, but we cannot guarantee that every requested change will still be possible.

The availability of operational cancellation options does not affect your statutory right of withdrawal or any other mandatory consumer rights.

Customised or clearly personalised products may enter production shortly after the order is confirmed. Any applicable exception to the right of withdrawal will be clearly disclosed before purchase and in our Return and Refund Policy.

SECTION 7 – PRICES, TAXES AND PAYMENT

Prices shown to consumers include applicable VAT unless expressly indicated otherwise.

Delivery charges and any other mandatory costs that apply to the order will be displayed before the customer submits the order.

The total amount payable will be shown during checkout and in the order confirmation.

Prices may change at any time, but a price change will not affect an order that has already been accepted.

Promotions, discount codes and special offers may be subject to separate conditions. Unless expressly stated otherwise, promotions cannot be combined.

The payment methods available for a particular customer or country are displayed during checkout. Payment is processed through Shopify Payments, PayPal or another payment provider shown at checkout.

You confirm that you are authorised to use the payment method supplied and that the payment information is correct.

We do not charge additional fees merely because a particular consumer payment method is used, except where a fee is expressly permitted by applicable law and clearly disclosed before the order is placed.

SECTION 8 – SHIPPING AND DELIVERY

Available destinations, delivery charges and free-shipping thresholds are shown in our Shipping Policy and during checkout.

Processing and delivery times are estimates unless a specific delivery date has expressly been agreed.

We will inform you as soon as reasonably possible if we become aware of a material delay.

Unless another delivery period has been agreed, consumer orders will be delivered no later than 30 days after the sales contract is concluded.

An order may be delivered in separate shipments when this is reasonably necessary. You will not be charged additional delivery costs solely because we divide an order into multiple shipments.

For consumer orders delivered by a carrier offered by Atelier Les Muses, the risk of loss or damage remains with us until you, or a third party appointed by you other than the carrier, physically receives the goods.

If you independently appoint a carrier that was not offered by us, the risk may pass when the goods are handed to that carrier, as provided by applicable law.

Please contact us promptly if a package arrives visibly damaged, contains an incorrect item or appears to have been lost.

SECTION 9 – RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS

Consumers purchasing online generally have a statutory right to withdraw from the contract within 14 calendar days after receiving the goods, without providing a reason.

Detailed information about exercising this right, return conditions, return shipping costs, refunds, damaged products and applicable exceptions is contained in our Return and Refund Policy.

The Return and Refund Policy forms part of these Terms of Service.

Nothing in these Terms limits any mandatory right to cancel, withdraw, return a product or receive a refund.

Products made according to a customer’s individual specifications or clearly personalised for that customer may be excluded from the statutory right of withdrawal where permitted by law. This exception does not automatically apply merely because a standard Atelier Les Muses design is assembled or produced after an order is placed.

SECTION 10 – LEGAL GUARANTEE

Consumers benefit from the mandatory legal guarantee of conformity applicable to goods purchased from a professional seller.

For new goods sold to consumers in the European Union, this legal protection applies for a minimum period of two years from delivery, subject to the applicable national rules.

A product may be non-conforming when, among other things, it:

• does not correspond to its description;
• does not possess the qualities or functionality reasonably expected;
• is not fit for its normal purpose;
• does not correspond to an agreed sample or model;
• is defective or unsafe.

Depending on the circumstances and applicable law, the consumer may be entitled to repair, replacement, a proportionate price reduction or termination of the contract and a refund.

Any commercial gesture or additional guarantee offered by Atelier Les Muses does not replace or restrict the legal guarantee.

SECTION 11 – INTELLECTUAL PROPERTY

Unless otherwise stated, the website and its content are owned by or licensed to Emporia Ventures CommV.

This includes, where applicable:

• jewellery designs;
• product photographs and videos;
• texts and product descriptions;
• logos and wordmarks;
• graphics and visual elements;
• website layouts;
• branding and marketing content.

The content may be used only for personal and non-commercial purposes.

You may not reproduce, distribute, publish, sell, modify, commercially exploit or create derivative works from our content without prior written permission, except where such use is permitted by mandatory law.

The name Atelier Les Muses, the Les Muses wordmark and associated branding may not be used in a way that creates confusion, falsely suggests an association or infringes our rights.

Shopify’s names, logos and other protected materials remain the property of Shopify or its licensors.

SECTION 12 – ACCEPTABLE USE

You may use the website only for lawful purposes.

You must not:

• use the website for fraud, identity theft or unlawful activity;
• provide false or misleading information;
• infringe the rights of Atelier Les Muses or another person;
• introduce viruses, malware or harmful code;
• interfere with the security or proper functioning of the website;
• attempt to gain unauthorised access to accounts, systems or data;
• scrape, extract or systematically copy website content without permission;
• use the website to harass, threaten or harm another person;
• place orders using stolen or unauthorised payment details;
• use automated systems in a manner that disrupts or overloads the website.

We may restrict access to the website where reasonably necessary to protect customers, our business, Shopify or the security of the Services.

This does not affect rights arising from an order that has already been validly accepted.

SECTION 13 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

Certain features or payment options may be provided by third parties.

Your use of those features may also be subject to the relevant provider’s terms and privacy information.

We are not responsible for a third-party website or service merely because it is linked from or integrated into our website. However, this does not limit our responsibility for fulfilling our obligations as the seller of products purchased directly from Atelier Les Muses.

Please review the applicable third-party information before using an external service.

SECTION 14 – RELATIONSHIP WITH SHOPIFY

Atelier Les Muses is powered by Shopify, which provides the technical e-commerce platform used to operate the website and online store.

All purchases made from this online store are contracts directly between the customer and Emporia Ventures CommV, trading as Atelier Les Muses.

Shopify is not the seller of Atelier Les Muses products and is not responsible for producing, describing, selling, delivering, returning or refunding those products.

Nothing in this section limits any mandatory legal rights or any responsibility that cannot lawfully be excluded.

SECTION 15 – PRIVACY AND PERSONAL DATA

Personal information collected through the website is processed in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify processes certain personal information to provide, secure and improve the e-commerce services used by the store.

Other service providers, including payment, delivery, analytics and communication providers, may process information where necessary to provide their services.

Please consult our Privacy Policy for information about:

• the categories of personal information processed;
• the purposes and legal bases of processing;
• service providers and international transfers;
• retention periods;
• cookies and consent preferences;
• your data-protection rights;
• how to contact us about privacy.

SECTION 16 – REVIEWS, PHOTOGRAPHS AND FEEDBACK

When you voluntarily submit a product review, photograph, comment or other feedback, you confirm that:

• the content is based on your genuine experience;
• you have the right to submit it;
• it does not infringe another person’s rights;
• it is not unlawful, fraudulent, defamatory or misleading.

You grant us a non-exclusive, worldwide and royalty-free right to reproduce, display and use the submitted content for operating and promoting Atelier Les Muses.

You retain ownership of your original content.

We may remove content that is unlawful, misleading, unrelated, offensive or infringes another person’s rights. We will not suppress a genuine negative review merely because it is critical.

Any compensation or incentive connected with a review must be disclosed.

SECTION 17 – ERRORS AND AVAILABILITY

We make reasonable efforts to keep product descriptions, prices, stock information, delivery details and other website content accurate.

Occasional technical, typographical or administrative errors may occur.

We may correct an error and update information when necessary. If a material error affects an order that has already been placed, we will contact the customer before proceeding wherever reasonably possible.

We will not unilaterally increase the agreed price after an order has been accepted.

In the event of an obvious pricing or product error that makes fulfilment unreasonable, we may cancel the affected order and refund all amounts paid, subject to applicable law.

SECTION 18 – WEBSITE AVAILABILITY AND LIABILITY

We aim to keep the website secure and available but cannot guarantee that it will operate continuously or without technical interruption.

We are not responsible for temporary interruptions caused by maintenance, internet failures, hosting issues, cyber incidents or events outside our reasonable control, except where and to the extent responsibility cannot legally be excluded.

Nothing in these Terms excludes or limits liability for:

• fraud or intentional misconduct;
• death or personal injury where liability cannot be excluded;
• gross negligence where liability cannot be excluded;
• defective products under mandatory product-liability law;
• failure to fulfil mandatory consumer obligations;
• any other liability that applicable law does not permit us to exclude or limit.

We are responsible for foreseeable loss directly caused by our failure to comply with the contract or applicable law.

We are not responsible for loss caused by the customer’s misuse of a product, failure to follow reasonable care instructions or use contrary to the product’s intended purpose, except where the product itself was defective or the instructions were inadequate.

SECTION 19 – EVENTS OUTSIDE OUR REASONABLE CONTROL

We are not responsible for a delay caused by an event genuinely outside our reasonable control, such as severe transport disruption, natural disaster, fire, widespread telecommunications failure, government restriction or comparable event.

We will take reasonable steps to limit the consequences and will inform affected customers when a significant delay occurs.

This section does not remove a consumer’s right to cancel the contract or receive a refund where that right arises under applicable law.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply only to the maximum extent permitted by law.

The remaining provisions will continue to apply where they can reasonably remain in effect without the invalid provision.

An unfair or unenforceable provision is not binding on a consumer.

SECTION 21 – ENTIRE AGREEMENT

These Terms, together with the policies expressly referred to in them and the information confirmed with the order, form the agreement between the customer and Atelier Les Muses concerning the online purchase.

They do not override individual commitments expressly agreed with the customer.

Where a provision is unclear, it will be interpreted in accordance with applicable consumer law and, where required, in the consumer’s favour.

SECTION 22 – GOVERNING LAW AND DISPUTES

These Terms and contracts concluded through the website are governed by Belgian law.

For consumers residing in another country, this choice of law does not deprive them of mandatory consumer protections granted by the law of their country of habitual residence.

Disputes will be submitted to the courts having jurisdiction under applicable Belgian and European law. Nothing in these Terms restricts a consumer’s right to bring proceedings before another court where that right is granted by mandatory law.

Customers are invited to contact us first at ingrid@lesmuses.be so that we can attempt to resolve any complaint directly.

Information about available consumer-mediation procedures is included in our Legal Notice.

SECTION 23 – CHANGES TO THESE TERMS

We may update these Terms when reasonably necessary because of changes to:

• our business or Services;
• Shopify functionality;
• payment or delivery methods;
• applicable legislation or regulatory guidance;
• security or technical requirements.

The version applicable to an order is the version made available when that order was placed.

Changes will not retroactively alter an already accepted order without the customer’s agreement, unless required by law.

The latest version will be published on this page together with its revision date.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Emporia Ventures CommV
Trading as: Atelier Les Muses

Streeklaan 44
3060 Bertem
Belgium

Enterprise number: 1020.529.872
VAT number: BE 1020.529.872
Register of Legal Entities: RPR Leuven

Email: ingrid@lesmuses.be
Telephone: +32 468 19 57 53