Conditions d’utilisation

OVERVIEW

Welcome to Atelier Poche.

These Terms of Service ("Terms") apply to your use of the Atelier Poche online store and website, including all related information, content, features, tools, products and services (collectively, the "Services").

Atelier Poche is an independent creative brand operated by an individual seller. Shopify provides the technology and platform that enables us to operate our online store.

By visiting, interacting with, or using our Services, or by placing an order through our store, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services or placing an order. If you do not agree with these Terms or our Privacy Policy, please do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your place of residence, or that you have the necessary consent of a parent or legal guardian where applicable.

To use certain features of our Services or place an order, you may be asked to provide information such as your name, email address, billing information, payment information, shipping address and telephone number.

You agree that all information you provide is accurate, current and complete, and that you have the right to provide such information.

You are responsible for maintaining the security of your account credentials and for all activity associated with your account.

You may not transfer, sell, assign, or otherwise provide your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately display our products, including their colors, appearance, dimensions and details.

However, the appearance of colors may vary depending on your device, screen settings and other technical factors.

Because our products may be individually inspected, packaged, assembled, or produced according to our production process, minor variations may occur.

Such variations do not necessarily constitute a defect.

Product descriptions, photographs, specifications, availability and prices may be updated or changed from time to time without notice.

We reserve the right to discontinue products or limit quantities available for purchase, subject to applicable law.

SECTION 3 — ORDERS AND CANCELLATIONS

When you place an order through our store, you are submitting an offer to purchase the products in your order.

An order is not considered accepted until payment has been successfully received and the order has been accepted or processed by Atelier Poche.

Please review your order carefully before submitting it.

Order Cancellation

You may request cancellation of an order within one (1) hour of placing the order.

After this one-hour period, cancellation may no longer be possible, particularly if the order has already entered processing, preparation, production, packaging or fulfillment.

To request a cancellation, please contact us as soon as possible using the contact information provided on our website.

Cancellation requests are subject to our Refund Policy and applicable consumer protection laws.

If you provide an incorrect shipping address and the carrier requires an address correction, redirection, re-delivery, or other additional service, any additional shipping or carrier charges may be charged to the customer to the extent permitted by applicable law.

SECTION 4 — PRICES, TAXES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged for a product will be the price displayed at the time your order is placed, as confirmed in your order confirmation.

Unless otherwise stated, displayed product prices may not include applicable taxes, customs duties, import charges, or other fees.

Where taxes are included in the displayed price, this will be indicated through the relevant product page, checkout, or other applicable notice.

International customers may be responsible for customs duties, import taxes, VAT, GST, brokerage fees or other charges imposed by their country or local authorities, unless otherwise stated at checkout.

These charges are determined by the destination country and are outside Atelier Poche's control.

You agree to provide accurate and complete billing, payment and shipping information.

We reserve the right to correct pricing, product information, promotional errors or other inaccuracies and, where permitted by applicable law, to cancel or modify an order affected by such an error.

SECTION 5 — SHIPPING AND DELIVERY

We ship orders using third-party shipping carriers and logistics providers.

Shipping times shown on our website are estimates and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, weather, transportation disruptions, incorrect or incomplete addresses, or other circumstances beyond our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered because of an incorrect or incomplete address supplied by the customer, the customer may be responsible for additional shipping, redirection, address correction, or re-delivery charges, to the extent permitted by applicable law.

For international shipments, the customer may be responsible for customs clearance and any applicable import duties, taxes or fees.

Nothing in these Terms is intended to exclude or limit any mandatory consumer rights that cannot legally be excluded or limited in the customer's jurisdiction.

SECTION 6 — INTELLECTUAL PROPERTY

All content and materials available through our Services, including but not limited to our trademarks, logos, product names, text, photographs, graphics, videos, artwork, illustrations, patterns, product designs, product concepts and other original creative works, are owned by Atelier Poche or are used by us with appropriate rights and are protected by applicable copyright, trademark and other intellectual property laws.

Our original product designs, including but not limited to umbrella designs, artwork, illustrations, patterns, graphics, bookmark designs, product concepts and other original creative works, are the intellectual property of Atelier Poche unless otherwise stated.

Purchasing a Product Does Not Transfer Intellectual Property Rights

Purchasing a product from Atelier Poche does not transfer ownership of, or grant any license or other rights to, the underlying intellectual property.

Unless we provide prior written permission, purchasing a physical product does not give you the right to:

• reproduce or copy our designs;
• manufacture products based on our designs;
• modify our designs for commercial purposes;
• create derivative works based on our designs;
• distribute or commercially exploit our designs;
• use our designs to create competing products;
• reproduce our artwork or illustrations;
• reproduce or commercially use our product photographs or other creative materials.

Use of Images and Creative Materials

You may not reproduce, copy, modify, distribute, publicly display, commercially exploit, or create derivative works from our photographs, artwork, product designs, illustrations, graphics, videos or other creative materials without our prior written permission.

AI-Generated Content and Automated Processes

Without our prior written permission, you may not use our product photographs, artwork, illustrations, product designs or other creative materials as input for AI-generated content, image generation, model training, automated design systems, or other automated processes for the purpose of reproducing, imitating, modifying, or creating derivative works based on our designs.

Changing colors, shapes, proportions, backgrounds, details, styles, or other elements of an original design does not automatically grant permission to commercially reproduce or exploit the underlying design.

All rights not expressly granted in these Terms are reserved by Atelier Poche.

We reserve the right to take appropriate action against unauthorized use of our intellectual property, including submitting intellectual property infringement complaints, requesting removal of infringing content, and pursuing other remedies available under applicable law.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

Our Services may provide access to tools or services offered by third parties.

We do not necessarily monitor or control these third-party tools and provide access to them on an "as available" basis.

Your use of third-party tools is subject to the applicable terms and policies of those third parties.

We are not responsible for losses or damages arising from your use of third-party tools, except where liability cannot legally be excluded.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, services or resources operated by third parties.

We are not responsible for the content, accuracy, availability, privacy practices, products or services provided by third-party websites.

If you choose to access a third-party website, you do so at your own risk.

Any transaction you make with a third party is between you and that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Atelier Poche uses Shopify to operate and provide the technology infrastructure for our online store.

However, purchases made through our store are transactions between you and Atelier Poche.

Shopify is not the seller of the products offered by Atelier Poche and is not responsible for the products, fulfillment, shipping, returns, refunds, or other aspects of transactions between you and Atelier Poche, except where otherwise required by applicable law.

SECTION 10 — PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

By using our Services, you acknowledge that you have reviewed our Privacy Policy.

Because our store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers as necessary to operate the store, process payments, fulfill orders, provide customer support, prevent fraud, and otherwise provide the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used and shared.

SECTION 11 — CUSTOMER FEEDBACK

If you voluntarily submit reviews, comments, suggestions, ideas, photographs, or other feedback to Atelier Poche, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display and distribute such feedback for purposes related to operating, improving and promoting our Services, subject to applicable law.

You represent that you have the necessary rights to submit the feedback and that your submission does not infringe the rights of any third party.

We reserve the right, but are not obligated, to remove feedback that we believe is unlawful, defamatory, abusive, misleading, infringing, or otherwise inappropriate.

SECTION 12 — ERRORS AND INACCURACIES

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, availability or other information.

We reserve the right to correct such errors and update information at any time.

Where permitted by applicable law, we may cancel or modify an order if it was placed based on a material error in product information, pricing or availability.

If an order is cancelled for this reason after payment has been received, we will provide an appropriate refund.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use our Services:

• for any unlawful or fraudulent purpose;
• to infringe our intellectual property rights or the rights of others;
• to submit false or misleading information;
• to interfere with the operation or security of our website;
• to attempt to gain unauthorized access to our systems;
• to distribute malware or malicious code;
• to scrape, copy or systematically reproduce our website content or product information for commercial purposes without our permission;
• to impersonate another person or entity;
• to engage in conduct that may harm Atelier Poche, our customers, our website or our service providers.

We reserve the right to restrict or terminate access to our Services where we reasonably believe that these Terms have been violated, subject to applicable law.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

Automated systems, bots, crawlers, scraping tools or other automated technologies must not access, copy, extract or reproduce content from our Services in a manner that violates these Terms or any applicable technical restrictions.

Nothing in this section is intended to restrict lawful search engine indexing or other automated access that we expressly permit.

We reserve the right to implement technical measures to protect our website, content and intellectual property from unauthorized automated access.

SECTION 15 — TERMINATION

We may restrict or terminate your access to our Services if you violate these Terms or engage in conduct that may harm our Services, customers, intellectual property or systems, subject to applicable law.

Termination does not affect any rights or obligations that arose before termination.

Sections relating to intellectual property, payments, liability, indemnification, governing law, privacy and any provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, our Services are provided on an "as available" basis.

We do not guarantee that the website or Services will always be uninterrupted, timely, secure or error-free.

We do not guarantee that information provided through the Services will always be complete or accurate.

Nothing in these Terms excludes or limits any warranty, guarantee or consumer right that cannot legally be excluded or limited under applicable law.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Atelier Poche will not be liable for indirect, incidental, special, punitive or consequential losses arising from your use of our Services or products.

This may include, where legally permitted, loss of profits, loss of revenue, loss of data or other indirect losses.

However, nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, intentional misconduct, or mandatory consumer rights applicable to you.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Atelier Poche from claims, losses, damages, liabilities and reasonable expenses arising from your unlawful use of our Services, your violation of these Terms, or your violation of the rights of a third party.

This section does not apply to the extent that the claim or loss resulted from our own unlawful conduct or from rights that cannot legally be waived.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in effect.

SECTION 20 — ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Atelier Poche concerning your use of our Services.

If a specific promotion or policy contains terms that conflict with these Terms, the specific promotion or policy will apply to that particular matter.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may transfer or assign our rights and obligations where permitted by law.

SECTION 22 — GOVERNING LAW AND CONSUMER RIGHTS

These Terms are intended to be governed by the laws applicable to Atelier Poche.

Where applicable, the laws of Singapore will govern these Terms, without limiting any mandatory consumer protection rights that may apply to customers under the laws of their country or place of residence.

Nothing in these Terms is intended to deprive consumers of mandatory rights that cannot legally be excluded or limited under applicable law.

SECTION 23 — HEADINGS

The headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning of any provision.

SECTION 24 — CHANGES TO THESE TERMS

We may update or change these Terms from time to time by posting an updated version on our website.

The updated Terms will become effective on the date stated in the updated version, unless otherwise required by applicable law.

Your continued use of our Services after the updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Atelier Poche
Email: phello@atelier-poche.com

If certain registration or tax identification numbers are not legally applicable to Atelier Poche, they should not be inserted or fabricated.

For legal notices or intellectual property concerns, please contact us using the email address above.