1. Product Delivery
1.1 Address: Product Delivery must be sent to the address you specified in your Order, unless otherwise agreed.
1.2 Shipping & Packing Fee: The shipping and packing costs follow as stated in the valid contractual letter and agreed between Atelli and Customer.
1.3 Tracking: You can track delivery status by contacting Atelli directly or via a third party delivery (ex: JNE).
1.4 Delivery period: Product delivery depends on the availability of the product. Atelli will make every reasonable effort to provide the Product to you within the delivery period indicated on the contract page used, but you hereby acknowledge that there is a possibility that a Product will become unavailable by the time the Platform is updated or updates to Orders or Products. The given delivery period is approximate and delays may occur. If your Product shipment is delayed due to Product availability, Atelli notifies you by e-mail or other media and Your Product will be shipped as soon as it becomes available. The delivery period is not a reality.
1.5 Acceptance: Product Delivery is done by a courier / delivery service company designated by Atelli or conducted by Atelli himself. Atelli is responsible for facilitating reports / complaints from Customer if Customer has not received the Product within the estimated timeframe. In the event that Customer has not received the Product within the estimated timeframe, Customer must notify the Atelli (contact number) provided through the said Platform since the date of estimation The Product shall be received within a reasonable period of time. Atelli will further forward the Customer's objection to the courier / shipping company concerned to find the best solution for Atelli and Customer. For the avoidance of doubt, the responsibility is limited to Atelli's services if Customer fails to make a notice within the reasonable time period referred to above, Atelli considers that Customer has received the Product properly.
1.6 Product ship failure: If Atelli fails to deliver the Product; and / or courier fail to deliver the Product; and / or lost items at the time of delivery, and / or Customer fails to receive the Products due to errors and / or negligence of its own (other than for any reason beyond the reasonable control of Customer or by reason of Atelli's error) without prejudice to Atelli's right to resend or other remedial action, Atelli may decide to terminate or cancel the Customer Orders or Contracts. If in this case, Customer has paid payment for the Product then Atelli will refund the Order to Customer.
2. Product Price
2.1 Registered List: Price to be paid by Customer is the Price shown when Customer Confirms Payment of Orders on Platform. Product prices offered and listed on the Platform may change from time to time depending on the Atelli policy. Atelli reserves the right to change Product Price and the Price change will appear on the related Product's offer page so that Customer can know the updated Product Price before making the payment.
2.2 Taxes: In general the price of Products sold through the Platform includes tax.
3.1 General: You may pay for the Product using one of the payment methods specified by Atelli. All payments must be made to Atelli, you acknowledge that Atelli is entitled to collect payments from you. Upon each payment method including but not limited to bank transfer, Subscriber is subject to the provisions of Atelli and or Atelli may decide to terminate or cancel the Order or Customer Contract if Customer or Customer's payment fails to comply with the conditions at Atelli
3.2 Additional requirements: To ensure security in transactions, for the benefit of Customer, Atelli reserves the right to request additional information to Customer to verify payment of the ordered Product.
3.3 Payment methods: Customers must follow the applicable provisions of the payment method. Atelli may modify, add or discontinue, temporarily or permanently any payment method. Prior to entry, Atelli will contact you first.
3.4 Invoices: Atelli may charge you on the due date of payment under the Contract Customer.
3.5 Payment failure: If Customer fails to make payment in accordance with the terms and conditions of the selected payment method referred to in; and / or payment not made or canceled by Customer; and / or payments not verified by the payment system or bank, without prejudice to the rights or remedies available, on behalf of Atelli are entitled to cancel the Customer Contract or suspend the delivery of the Product until payment of the Verified and / or Paid Products.
4. Refund / Repair / Replacement
4.1 All returns must be made in accordance with the instructions specified in the Return Policy. Atelli is under no obligation to approve a refund unless all instructions are followed. If Atelli agrees to return, Atelli will provide product replacement to your address.
4.2 Permitted return: within 14 days from the date of shipping the product, you may return the Product if:
a) to receive products that are fundamentally different from Products stipulated in the Contract of the Customer; or
b) receiving a Product that is defective or false.
If Customer receives the wrong product, Atelli's liability is limited to the correct product redemption.
c) Risk of loss or damage: When the Product has changed hands from the courier to Customer or any other person representing Customer, or the person to whom the Customer is designated or authorized to receive goods in the office or occupancy, the risk of damage or loss of the Product is to Customer. We are required to ensure courier to always get the clear name of the recipient of the goods and the time (date / month / year) of receipt of the Goods by the recipient of the Goods.
5. Questions and complaints
If you have any questions or concerns, please contact Atelli Interior & Furniture via https://www.atellidesign.co.id/contact/, or by contacting us on live chat available.
6.1 Cancellation by You: You may cancel the Customer Contract before Atelli sends the Product under the Customer Contract by contacting Atelli. If the Product has been shipped, you can not cancel the Customer Contract but may only return the Product in accordance with Article 4.
6.2 Cancellation by Atelli: Without prejudice to any other rights set forth in these Terms & Conditions of Sale, Atelli, may cancel or suspend the delivery of the Product immediately upon written notice and / or orally to Customer in the event of any of the following events:
a) The Product Stock is depleted or unavailable;
b) Customer violates obligations under Customer Contract, Terms & Conditions of Use, Terms & Conditions of Sale, or any other terms applicable on the Platform;
c) The customer is declared bankrupt by the court or the authorized body;
d) Suspicion of fraud or fraud in any form under Atelli's policy or investigation;
6.3 The Contracting Parties agree to the exclusion of Section 1266 of the Indonesian Civil Code so that any termination of the Customer Contract either by You or Atelli will be made without the need for approval or judgment of a court or other institution within the territory of the Republic of Indonesia.
7. Risk and Goods Ownership
7.1 Product Ownership shall not be transferred to Customer until the payment of the Product is received by Atelli in full at the price of the Product.
7.2 Before the Product repayment obligation is met, Customer acts only as an Atelli (or Bailee) fiduciary agent not the owner of the Product.
7.3 In the circumstances referred to in Clause 7.2, Atelli reserves the right to require Customer to deliver goods to Atelli and in the event of non-compliance, Atelli has the right to take legal action against Customer to retrieve the Product or the Goods, and also has the right to hold liability for all losses and other costs including but not limited to the costs of remedies.
7.4 Customer shall not be entitled to transfer, transfer, release, pledge or otherwise incur any Items or Products that are still unpaid, which is the property of Atelli, if Customer breaks so that any outstanding debt or outstanding repayment or payment of Goods or Products becomes due and may billed.
7.5 If the provisions of Clause 7 are ineffective in accordance with the laws of the country in which the Goods are located, then Customer shall take all necessary measures to effect the same effect as those in this Clause 7.
7.6 Customer hereby relieves Atelli, all officers, employees, directors, agents, contractors, of all damages, damages, costs, expenses and legal fees incurred by Customer in connection with the statement and enforcement of Atelli's rights under these Terms & Conditions of Sale.
8. Limitations of Liability
8.1 Remedies: Remedies provided for in article 4 are Remedies for non-conformities or defects in the sole and exclusive product.
8.2 Maximum Responsibility: Atelli's maximum liability to you for any loss arising out of or related to the sale of products in any customer contract, shall not exceed the amount you pay in the customer's contract.
8.3 Exclusion of Liability: Atelli is not liable to you for any loss whatsoever or for any reason arising directly or indirectly related to: (i) other user's receivables in the platform relating to the purchase of any product; (ii) any defect arising from wear and tear, intentional damage, misuse, negligence, accidents, abnormal storage and or conditions of use, alteration or modification of products or failure to comply with Atelli instructions (or instructions in product descriptions or manuals of product use spoken or written).
9.1 Cumulative and remedial rights: Except as otherwise provided in these Terms of Service, these Terms & Conditions of Sale clauses and our rights and remedies under these Terms & Conditions of Sale, are cumulative and without prejudice as well as any right or remedy we may have under law or justice, and no provision shall prevent or impede our rights and remedies or remedies under any applicable law.
9.2 No Waiver: The Seller's failure to enforce these Terms & Conditions of Sale shall not be construed as being omitted from these terms, and such failure shall not affect our subsequent right to enforce these Terms of Service. The Seller will still be entitled to exercise rights and remedies / remedies in any other condition in which you violate these Terms of Sale Terms.
9.3 Severability: If at any time there is any provision of these Terms & Conditions of Sale that become illegal, unlawful or unenforceable in any way, then the legality, validity and applicability of the other provisions of these Terms & Conditions of Sale shall not be affected or reduced thereby, and will continue to apply.
9.4 Third Party Rights: Any person or party who is not a party to this Terms of Service is not entitled under any law and jurisdiction to perform the terms of these Terms & Conditions of Sale. For the avoidance of doubt, nothing in this Clause shall affect the rights of any authorized redirects to these Terms of Service.
9.5 Applicable Law: Terms and Conditions of Sale shall be governed and construed in accordance with Indonesian law and you hereby submit to the exclusive jurisdiction of the Central Jakarta District Court.
9.6 Except as provided for in Clause 9.5, any dispute, dispute or claim arising out of or in connection with this contract, or any breach, cessation or disablement thereof shall be settled by arbitration in accordance with the Arbitration Rules of the Indonesian National Council of Arbitration (National Indonesian arbitration body - "BANI" ). The arbitral tribunal shall consist of a single arbitrator, designated by the Chairman of BANI. The arbitration place is Jakarta. Any decision by the arbitral tribunal shall be final and binding on the parties.
9.7 Legal Assistance: We may seek or use immediate legal efforts / assistance on the basis of good faith to deal with infringement or non-compliance with these Terms of Service.
9.9 Correction of error: Any typographical, administrative or other errors or omissions in acceptance, invoices or other documents occurring on our side shall be our repairs made by us.
9.10 Currency: Currency relating to these Terms & Conditions of Sale is in Indonesian Rupiah (Rp) and US Dollar (USD).
9.11 Entire Agreement: Terms and Conditions of Sale shall be the entire agreement between you and us in relation to the subject matter of the agreement and supersedes and replaces fully any prior understanding, communication and agreement with respect to the subject matter of the agreement.
9.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations in connection with the Service, if any) maintained by us or our service providers dealing with or in connection with the Platform and the Services are binding and conclusive to you for any purpose and shall be evidence of any information and / or data transmitted between us and you. You agree that all such records are accepted as evidence and that you will not challenge or deny the receipt, reliability, accuracy or authenticity of the records by reason of the records in electronic form or the output of the computer system.
9.13 Sub-contractors and delegates: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and / or Services and shall have the right to use the service provider, subcontractor and / or agent on such terms as we deem appropriate.
9.14 Redirections: You may not transfer your rights and obligations to the Terms of Service on Sale without our prior written permission.
9.15 Force Majeure: We are disconnected from liability for default, errors, interruptions or delays in performance of obligations or for any inaccuracies, or inconsistencies in the Platform and / or the content of the Service, if they are caused, in whole or in part, directly or indirectly, by an event or failure caused by Force Majeur or Force Condition.
Appendix 1 Definitions and Interpretations
1.1 "Business Day" means days (excluding Saturdays and Sundays) where commercial banks are open for business in Indonesia.
1.2 "Customer" means the legitimate buyer and / or user of the Platform and / or Services.
1.3 "Intellectual Property" means all copyrights, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, and confidential information, the right to protect goodwill and reputation, and all other similar or related property rights and all similar applications, whether present or made in the future, anywhere in the world, whether registered or not, and all benefits, rights privileges, the right to prosecute, recover damages and obtain any assistance or other solutions to any past, current or future violation, misuse or infringement of any of the foregoing rights.
1.4 "Atelli Interior & Furniture" means Atelli, its affiliates and all its respective officers, employees, directors, agents, contractors and recipients.
1.5 "Atelli", "us", and "we" refer to PT. Atelli Joinerindo Nusantara., A company incorporated under the laws of the Republic of Indonesia and having its registered address at Jalan Pangeran Jayakarta no. 141 N, Central Jakarta, 10730.
1.6 "Registered Price" or "Product Price" shall mean the price of the listed product to be sold to the customer, as stated on the Platform.
1.7 "Loss" means all penalties, losses, settlement amounts, costs (including legal fees and attorneys' fees), costs, expenses, actions, proceedings, claims, claims and other liabilities, which may be suspected or not.
1.8 "Materials" or materials means, collectively, all web pages on the Platform, including information, content, images, links, sounds, video, software, applications and other materials displayed or available on the Platform and the functions or services provided on the Platform .
1.9 "Orders" or "Orders" shall mean your order for products through the Platform in accordance with the Terms & Conditions of Sale.
1.10 "Password" refers to a valid password belonging to the Customer having an Atelli account which may be used with a Username to access the associated Platform and / or Services.
1.11 "Personal Data" means data, whether true or otherwise, which may be used to identify, contact or search for you. Personal data may include your name, e-mail address, billing address, shipping address, phone number and credit card information. "Personal Data" shall be deemed to include any data you provide us when placing an Order.
1.12 "Platform" means: web and / or mobile version of the web that is operated and / or owned by Atelli currently located at the following URL: www.atellidesign.co.id.
1.13 "Product Warrant" means product warranty available for sale to customers on the Platform or contract.
1.14 "Return Policy" means the return policy set by Atelli in clause 4.
1.15 "Services" means the services, information and functions provided by Atelli on the Platform.
1.16 "Terms & Conditions of Sale" means the terms and conditions governing Customer's purchase of Products and set forth at https://www.atellidesign.co.id/termsandcondition/.
1.17 "Terms and Conditions of Use" means terms and conditions governing the use of Platform and / or Service Customers and set forth at https://www.atellidesign.co.id/termsandcondition/
1.18 "Trademark" means trademarks, service marks, trade names and logos used and displayed on the Platform.
1.19 "Username" refers to a unique login identification name or code that identifies a Customer who has an account at Atelli.
1.20 "You" refers to Customers, Purchasers and / or individuals aged above 18 or under 18 but with a representative and / or supervisory parent or legal guardian.
2. Interpretation: Any reference to the Terms & Conditions of Sale for any provision shall be construed as a reference that such provision as already amended, re-enacted or extended at the relevant time. In the Agreement, each time the word "inclusive", "used, shall be regarded as" without limitation. "Unless otherwise specified, all references to the day are calendar days, and" month "or" monthly "refers to the calendar month. interpretation of these Terms & Conditions of Sale, in the event of any conflict or inconsistency between two or more terms of these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflicts or inconsistencies then Atelli shall specify the applicable terms.