TERMS OF SERVICE B2C

The following Terms and Conditions apply to all orders placed with Atelier 13 SA

1 - General
The following Terms and Conditions apply to all orders placed with Atelier 13 SA (c/o Arifida SA, Via Motta 18, 6830 Chiasso, Switzerland), trading as AMG Performance Wear.
The Terms and Conditions apply as soon as an order is placed over the Internet. By placing an order with us, you accept the Terms and Conditions set out below. These Terms and Conditions do not affect your statutory rights. If you have any queries, please contact us. All references to the "company", "us", "our", or "we" refer to Atelier 13 SA. Any reference to "customer", "you" "client" or "buyer" refers to the person or organization placing the order.

2 - Execution of the Agreement

2.1
Your order represents an offer to execute a Purchase Agreement. When you send us an order, we will send you an e-mail to confirm receipt of your order and explain all relevant details (Order Confirmation). Your Order Confirmation does not represent acceptance of the Agreement. Instead, it confirms the receipt of your order. It becomes a Purchase Agreement only when we send the ordered goods to you by the means of a delivery notification from our warehouse that the goods have been dispatched.
If a product in the same order, for which you have received Delivery Confirmation, is not shown in the Delivery Notification e-mail, no Purchase Agreement will take place for that product.
During the purchasing process, the buyer accepts our General Terms and Conditions of Sale, as set out on this page.
2.2
Our ability to fulfill orders is conditional on us too being correctly supplied, within the correct time frame, which is usually displayed on our website. If any goods ordered are not available, we reserve the right to terminate the Agreement. You will be informed immediately if goods that you have ordered cannot be delivered. If the sum due has already been paid, we will return it immediately to you. We accept no responsibility for damages due to late delivery, unless there is certified negligence on our part.
2.3
We will notify you if an item shown on the website is no longer available, available in a different time frame or if its price has changed.

3 - Price
All prices are shown in EUR (Euro).
Shipping costs may be added to these prices. Shipping costs information are displayed on our website, and can be checked at the time of ordering. Prices at the time of order are correct, errors and omissions excepted.

4 - Delivery and shipping costs
4.1
A Purchase Agreement will be finalized only when we have sent the ordered goods and when you have received delivery notification from our warehouse, confirming that the goods have been dispatched.
If a product in the same order, for which you have received Delivery Confirmation, is not shown in the Delivery Notification e-mail, no Purchase Agreement will take place for that product.
During the purchasing process, the buyer accepts our General Terms and Conditions of Sale, as set out on this page.
4.2
Shipping charges: Please refer to the SHIPPING COST section.
PLEASE NOTICE Shipments sent outside the European Union might be subject to import duties and or other local taxes imposed by your country. These costs are at your expense and in addition to what has been charge in your invoice. Please contact your local customs office for details.

5 - Payment
Payment for purchases and shipping can be made by credit card or PayPal. If goods ordered are not available, and payment has been made, said payment will be credited to your bank or PayPal account.
5.1 Credit Or PayPal Payments
We accept payment using VISA, Mastercard, American Express and PayPal.
Security of your card and data is very important to us. All financial information relating to your transaction is forwarded using an encrypted automatic protocol, which neither Atelier 13 SA nor independent third parties has access to. This information will be utilized only in the case of a refund. Therefore, for security reasons, every time you place an order with us, you will be asked for your card number.
5.2 Security
To ensure the security of your data, we use SSL software security (Secure Socket Layer). With this system, your data, name, address and card number are coded and transmitted safely via the Internet. During transfer, no external party can read your data.

6 - Due Dates and payment, delays, transfer of title
Any goods ordered and delivered remain property of Atelier 13 SA until full payment of all amounts due, under the Agreement relating to client. Should for any reason come to a delay in payment, we will charge 5(five)% interest until receipt of the payment in full.

7 - Shipping damages
Important: Notwithstanding all precautions, packages and/or their contents sometimes get damaged in transit. If this should happen, please follow the following procedure: breakages should initially be announced and registered with the courier, at once upon receipt of the goods. You should then inform us immediately thereafter. If you intend to return damaged goods, please inform us in advance via e-mail.

8 - Returns and exchanges
Please refer to the RETURNS & EXCHANGE section.

9 - Accurancy of informations
Descriptions of the products, instructions, drawings, illustrations, data, as well as descriptions of weight, size and usage or performance, which are included in our brochures, catalogues, circulars, newsletters, advertisements and price lists, are of a purely informative nature. Public announcements, praise or manufacturer advertisements do not represent a contractual condition as regards the goods. We give no guarantee as to the accuracy of this information.

10 - Conditions Of Warranty
We offer a guarantee of twelve (12) months on all products, limited to defects in the material or manufacture; this does not apply to wear and tear or for improper usage or storage.
You need to contact us via email before sending us back any product. As soon as we receive your product(s), we will inspect it and confirm you the eligibility for a warranty.

11 - Responsibility
During the period of guarantee coverage, if a defect covered by the guarantee is reported, we will, at our discretion, either repair the defect or replace the defective item. Any other request by the buyer with regard to defective items, in particular to any request for damages or the termination of the Agreement are excluded.
The payment of damages due and/or arising from a defect are excluded in all cases. With regard to other cases the following limitations apply:
For other damages, which may give rise to vital injuries of the body or health we are responsible only if they are the direct result of criminal intent, gross fault, or gross or premeditated negligence of the essential contractual obligations on our part, or on the part of those working on our behalf (e.g. a transporter).
The statuary laws governing guarantees relating to products remain unaltered.
We cannot guarantee that communication of data via the Internet, bearing in mind current technology, is free from errors and always available.
We do not therefore guarantee constant and uninterrupted availability of our on-line shop during the order process, in the case of technical or electronic errors over which we have no direct control, with particular regard to delays in the processing and acceptance of offers. We are not responsible for any links to other web pages or sources, which may be created, and we do not guarantee their availability.
We give no guarantee as regards the content of said links, even in the case in which there is no evidence of an illicit nature of their content.

12 - Important notices
The products offered are posted on the Internet site as clearly as possible. We have attempted to portray the colours of our products in a realistic manner, however we cannot guarantee that the colours as seen on your computer match those of the real products, due to the individual nature of your screen graphics or printer.

13 - Information relating to privacy
Client data will be collected and used by Atelier 13 SA only for the analysis, approval and execution of the Agreement and for the care and management of the relative relationship with the client, the recovery of outstanding payments and fight against fraud and abuse. Data obtained by Atelier 13 SA may be used for marketing purposes (for example, Newsletters), if the client has no objection.
Your personal data may be used as mentioned above only by Atelier 13 SA. However, in order to execute your order, we will have to give your personal data to other companies, such as our couriers responsible for logistics and our financial services partners for credit card transactions. Said data may be used by those receiving it, exclusively for the purposes relating to their services. We do not give your personal data to any other organization or company.
Further information relating to the type, reach, location and objectives of the collection, transformation and use of personal data can be found in the section titled Privacy Policy
The client must agree explicitly to the collection and use of their personal data.
The client has the right, at any time, to revoke consent for future use of data by informing your distributor
If this is the case, we promise to immediately delete the client's personal data, unless an order is being processed.
We are very happy to provide any information relating to your registered data at any time.
For further information, please contact:
Email: service@amg-performance-wearcom.

14 - Final Provisions
14.1 Governing Law and Competent Jurisdiction
Swiss Law governs on an exclusive basis all contractual conditions between Atelier 13 SA and the client. Commercial UN law is not applicable.
For all controversies, deriving from the business relationship between the client and Atelier 13 SA the competent jurisdiction is that of Lugano, Switzerland. However, we reserve the right to summon the client to any other competent court.
14.2 Severance Clause
In the case in which a clause of these Conditions Of Sale were to be null or should become so in the future, the validity of all other Conditions or Agreements will not be affected.