General Conditions of Sale - Consumer - Marketplace
ATLASFORMEN, a legal person duly constituted under the Code de commerce (France), having its head office at 87-89 rue La Boétie, 75008 Paris, France, herein acting through and represented by Mr. Marc DELAMARRE, its President, duly authorized as he so declares (hereinafter “Atlas For Men”), hosts on its website http://www.atlasformen.ca (hereinafter the “Site”) a marketplace (hereinafter the “Marketplace”) that puts individuals acting as consumers into contact with professional vendors working in partnership with Atlas For Men (hereinafter the “Vendors”) for the purposes of purchasing from them products that are new and of merchantable quality (hereinafter the “Products”).
These General Conditions of Sale (hereinafter the “General Conditions of Sale”) apply to all sales made on the Marketplace between the Vendors and any consumer within the meaning of the provisions of the consumer protection act of the relevant Canadian province or territory (hereinafter the “Customer”) when an order is placed through the Site.
These General Conditions of Sale supplement the general conditions of sale of each Vendor for sales transactions between Vendors and Customers on the Marketplace.
Atlas For Men acts as an intermediary to connect Customers with Vendors. In this regard, it hosts the offers of Vendors, receives orders from Customers that it then transmits to Vendors, who should be solely responsible for the completeness of Product descriptions and the availability of Products being offered. Atlas For Men cannot be responsible for or accept any obligations for Vendors and therefore does not have authority to confirm on their behalf the acceptance of an order, the availability of Products or delivery times.
Likewise, except as provided by applicable laws, Atlas For Men will at no time intervene in the fulfilment of orders or the implementation of the warranty and assumes no liability in that capacity. Atlas For Men will under no circumstances be a reseller of the Products offered by Vendors on the Marketplace and in no way guarantees the fulfilment of Vendor obligations should Vendors default on their obligations. The Vendor’s identity for each Product offered on the Marketplace is clearly indicated on the Product card by the phrase “Sold and shipped by [...]”.
Atlas For Men reserves the right to add to, modify, correct or delete whole or part of these General Conditions of Sale at any time. As provided by applicable laws and subject to Atlas For Men’s obligation to inform Customers, updates apply on the date they are published.
Any order transmitted through the Site constitutes acceptance of the price as well as the version of these General Conditions of Sale and the Atlas For Men Personal Data Policy in effect when the contract is formed (i.e., when the Customer confirms his/her shopping cart).
02. Essential Features of the Products - Validity of Offers
The Products offered for sale are described in the Product descriptions on each Product card. Offers are filled by the Vendors and are presented “as is” on the Marketplace. Vendors are solely responsible for the completeness of Product descriptions, the compliance of the Products with their respective descriptions and availability of the Products at the time an order is placed.
The photographs provide a comprehensive and faithful view of each item, however, colours may vary due to different computer support or hardware.
Vendors undertake to sell Products on the Marketplace that are new, of merchantable quality and in compliance with regulations in force at that time.
The time period during which the Vendor is expected to be able to supply the Customer with detachable parts required for the use of the Products ordered depends on the availability of those parts from the Vendors’ suppliers and on the information those suppliers provide to the Vendors. When such information is available, the Vendor shall inform the Customer (in the Product description).
From time to time, the Vendors may offer temporary promotions on their Products, subject to item availability and in compliance with regulations in force at that time.
Promotions on products sold and shipped by Atlas For Men are not applicable to Products on the Marketplace.
03. Order Validation
Customers in Canada may place orders for delivery to Canada solely through the Site.
Offers remain valid as long as they are offered on the Marketplace.
The contract is concluded between a Vendor and a Customer when the Customer clicks on the order button after confirming the contents of the shopping cart and the total price of the order and after reading and accepting the General Conditions of Sale made available through a link on the shopping cart confirmation page by checking the box “By checking this box, I have read and accept the Atlas For Men Marketplace General Conditions of Sale” on the shopping cart confirmation form.
The sale concluded between the Customer and the Vendor is subject to the resolutory condition that the Vendor confirms Product availability and accepts the order after verifying its details. The Customer is informed of the availability of the Product and the acceptance by the Vendor of the order in an order confirmation email. The Vendor shall systematically confirm the receipt and acceptance to each Customer of his/her order by email. This confirmation email shall include, without limiting the generality of the foregoing: 1. a summary of the main features of the contract, including the Products ordered, their prices, the delivery fees and the delivery and billing addresses; 2. a link to the General Conditions of Sale in effect when the contract was entered into; 3. the period during which or the date when detachable parts for the Products ordered will be available, if applicable; 4. all information required under applicable laws, including consumer protection laws. Once receipt of the order has been confirmed, the details of the order will remain available in the “My orders” section of the Site.
The contract of sale between the Vendor and the Customer is considered final when the Vendor confirms Product availability. Upon the Vendor’s confirmation, Customer’s credit card shall be debited for the price of available Products and it shall not be debited for the price of Products indicated as unavailable by Vendor. By confirming Product availability, the Vendor undertakes to ship and deliver the Products to the Customer in the agreed upon timeframe and to confirm by email to the Customer once the Products have been shipped.
If no response on Product availability is received within two (2) business days after Atlas For Men transmits the order to the Vendor, the order will be automatically cancelled and the Customer’s credit card will not be debited for the price of the Products ordered. The Vendor is solely liable if a Product is unavailable.
Atlas For Men reserves the right to refuse to transmit an order to the Vendor from a Customer who has not paid, in whole or in part, a previous order or with whom, more generally, it has a current payment dispute.
The Customer is invited to leave feedback on the Vendor’s service via his Customer account after placing an order on the Marketplace.
04. Pricing - Payment
The prices of the Products are the prices shown on the Marketplace at the time of the order. Prices include all taxes and exclude shipping fees. Vendors are free to set the price of their Products and, therefore, are solely responsible for compliance with regulations in force at that time.
If applicable, any shipping fees are added to the price of the Product prior to the Customer’s final order confirmation.
Shipping fees payable by the Customer are shown on the Site and may vary based on the Canadian province or territory of delivery and the shipping method.
The available shipping methods for Product delivery on the Marketplace are shown during the order validation process. The Customer may choose one of the following shipping methods:
- Standard home delivery;
- Express home delivery;
- Home delivery by courier.
The Site displays the payment terms available to the Customer: orders can only be paid by credit cards accepted on the Site.
Payment for orders placed on the Marketplace is made to Atlas For Men, which deposits the funds on behalf of the Vendor. The financial information of Customers is considered strictly confidential and will only be used to process Customer payments and refunds.
The Vendor may refuse any order placed by a Customer who has not paid, in whole or in part, a previous order or with whom, more generally, it has a current payment dispute.
05. Delivery - Claims
Products are shipped exclusively to Canada.
The shipping methods are shown during the ordering process.
The shipping cost is shown on the order confirmation page.
The standard delivery times shown on the Site are the usual average times to process, ship and deliver an order. They are provided for information purposes only.
Delivery shall be deemed to have been made as soon as the Product is made available to the Customer by the courier at the address provided by the Customer.
Except as provided by applicable laws, as an intermediary between the Customer and the Vendor on the Marketplace (see Section 08 below of the General Conditions of Sale), Atlas For Men will not be liable for any claim by a Customer regarding an order made for Products sold by Vendors, for any reason or cause whatsoever.
For any claim, the Customer must contact the Vendor of the Product on its personal space within the “Discussions and Disputes” section. Except as provided by applicable laws, the Vendor is solely responsible for providing customer service and handling claims relating to the Products it sells through the Marketplace on the Site.
06. Exchange, Cancellation and Refund
Except as provided by applicable laws, including consumer protection laws, there will be no possibility for the Customer, once his/her order is placed and validated on the Site, to cancel the order, request a refund of amounts paid, including one-way shipping costs (standard rate), or exchange any Product in the order.
- Legal warranties
For Québec :
Products are covered by legal warranties, including warranties with respect to the quality of the goods, the durability of the goods, the compliance of the goods, the safety of the goods and hidden defects, which are provided for under the Consumer Protection Act (Québec) and the Civil Code of Québec.
For Ontario :
Products are covered by legal warranties, including warranties with respect to quality and that the goods are free from any claims, provided for under Consumer Protection Act (Ontario) and Sale of Goods Act (Ontario).
- Commercial warranties
In addition to the legal warranty, some Products may be covered by an additional warranty, the terms of which are set by each Vendor. In that case, it will be clearly stated in the Product description, and the conditions of this warranty will be communicated to the Customer no later than when the Product is delivered.
To exercise this warranty entitlement, the Customer must contact the Vendor.
Warranties (legal or commercial) do not apply to ordinary wear and tear of goods or in cases of improper usage or maintenance.
It is expressly stipulated that any commercial warranties listed in the descriptions of products sold by Atlas For Men apply only to products sold by Atlas For Men on the Site but outside the Marketplace and under no circumstances to Products sold by Vendors on the Marketplace.
08. Role of Atlas For Men on the Marketplace
Atlas For Men acts as a simple intermediary for the purposes of connecting Vendors and Customers, receiving orders and transmitting them between Vendors and Customers on the Marketplace, and hosting Vendor offers. Except as provided by applicable laws, Atlas For Men is not a reseller and does not guarantee the fulfilment of the Vendors’ obligations with respect to the Products offered on the Marketplace (Products which are clearly identified to that effect on the Site).
In this regard, Atlas For Men is not liable for content made available on the Site by Vendors (including prices, Product descriptions and Product images) or by Customers (including ratings of Vendors by Customers), except as provided by applicable laws and unless Atlas For Men does not promptly make it unavailable upon notice of its unlawfulness.
Atlas For Men will act as an agent on behalf of and on the instructions of Vendors for depositing and, in the event of cancellations and refunds under the conditions set forth in Section 06 above, refunding the price of the Products.
Subject to the foregoing and except as provided by applicable laws, Atlas For Men has no role in the conclusion or execution of the sale or in the implementation of the warranty. Atlas For Men is not liable for the sale of Products on the Marketplace, which is a transaction solely between the Vendor and the Customer.
Therefore, as stipulated in Section 05 above, any claim must be addressed by the Customers directly to the Vendor.
09. Liability of Atlas For Men
Despite taking all possible care in developing and updating the Site, errors, bugs, inaccuracies and omissions may occur and require regular maintenance of the Site. Atlas For Men will use its best efforts to ensure the Marketplace is accessible to Customers. However, Atlas For Men is not liable in any way for software or hardware malfunction or malicious acts affecting Site connectivity, order transmission, the destruction or alteration of information provided by Customers or for Internet connectivity disruptions.
Except as provided by applicable laws, Atlas For Men therefore disclaims any and all liability for any resulting direct or indirect damage that may result.
Hyperlinks may connect users to other sites. Atlas For Men cannot be held liable for the content of any linked sites over which it has no control.
10. Intellectual Property and Related Rights
The Site and all of its constituent elements, including its content (such as photos, text, presentations, logo, distinguishing guise, model, trade name, legal name, trademarks and designs…) and associated software are protected by intellectual property and related rights reserved only for the holders of such rights.
By accepting these General Conditions of Sale, the Customer declares and acknowledges that placing an order on the Site does not authorize the Customer, in any event, to use, reproduce or distribute protected content and software without the express written authorization of the rights holder, with the exception of reproductions without modifications or alterations made for the sole purpose of personal and private copying in accordance with Canadian intellectual property legislation.
Any use, reproduction, representation or distribution of these elements, in whole or in part, is therefore strictly prohibited.
Atlas For Men, which hosts Vendor offers, will not be liable in the event of a claim by a third party concerning any infringement of its intellectual property rights.
11. Personal Data
Atlas For Men is responsible for the processing of personal data of the Customers.
To order Products on the Marketplace, Customers must enter the information required for receipt and processing of the order. The personal data likely to be collected directly or indirectly from the Customer include:
- Identifying data: Last name, first name, user name;
- Personal characteristics: Birth date, nationality;
- Contact data: Mailing address, email, telephone number;
- Financial data: Payment methods, payment history;
- Data on connections, service usage and interactions;
- Profiles and ratings used for customer segmentation.
Among this information, and for the purpose of the order on the Marketplace, Atlas For Men will transmit to the Vendor the following personal data: Last name, first name, mailing address and telephone number.
These data are collected and stored by the Vendor for the purpose of order and customer relationship management
The Vendor undertakes not to use such data for commercial prospecting purposes.
Upon the expiry of one (1) year following the delivery of the Product(s) ordered by the Customer, the Vendor undertakes to destroy all Customer personal data.
Among this information, only the data required to process orders will be, if necessary, communicated to the Vendors, to the courier or to Atlas For Men’s payment service provider.
The Vendor undertakes to comply with all Canadian regulations governing personal data and the personal data legislation of the Canadian province or territory where the Vendor does business.
Therefore, the Vendor undertakes to respond to all Customer requests relating to their personal data in compliance with the applicable regulations.
The personal data provided by the Customer are collected, processed and used in accordance with Atlas For Men Personal Data Policy available here.
12. Environment - Sustainable Development
Customers are reminded that waste electrical and electronic equipment must not be disposed of with unsorted municipal waste. Such equipment contains hazardous substances that can have a negative effect on the environment and on human health.
For your information, there are appropriate collection points for the treatment, recovery and recycling of this waste.
Under the laws, standards and regulations of Canada and those of the applicable Canadian province or territory, merchants collect recycling fees (or “eco-fees”) at the time of sale of certain electrical and electronic devices. These fees are included in the selling price.
When purchasing a Product, Customers may return their used electrical or electronic device to the Vendor and they should contact the Vendor for further information on how collection and recycling will be implemented for their Products.
The shipping costs of the Products are to be paid by the Customer.
By doing so, Customers contribute to the preservation of natural resources and the protection of human health.
13. Litigation - Governing Law
These General Conditions of Sale are subject to the laws of the residence of the Customer.
For any claim, the Customer must contact the Vendor of the Product(s) in question on its personal space within the “Discussions and Disputes” section. As a reminder, except as provided by applicable laws, the Vendor is solely responsible for providing customer service and handling claims relating to the Products it sells through the Marketplace on the Site.
In the event of a claim or dispute, the Vendor and the Customer shall attempt to come to an out-of-court settlement before taking any legal action, it being specified that this process will not interrupt any limitation period to act.
For any dispute not resolved in accordance with the preceding paragraph, the court having jurisdiction is the court of the domicile or residence of the Customer, whether that person is the plaintiff or the defendant.