ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers (“Customers” or “Client”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the site. The Products offered for sale on the site are the following:
JEWELRY (Necklaces, Bracelets, Chains, Pendants, Earrings) and INTERIOR DECORATION OBJECTS
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site which the customer is required to take note of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the site and will prevail over any other document.
The Customer declares that he/she has read and accepted these GTC by checking the box provided for this purpose before the implementation of the online ordering procedure of the site.
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The coordinates of the Salesman are the following ones:
8 rue bergonier
Registration number : 000000000
Email : firstname.lastname@example.org
Phone number : 0631805922
The Products presented on the site are offered for sale internationally
In case of order towards a country other than metropolitan France. the Customer is the importer of the concerned Products.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – PRICE
The Products are supplied at the prices in force appearing on the site, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros including all taxes. The prices take into account possible reductions which would be granted by the Salesman on the site
These prices are firm and non revisable during their period of validity but the Seller reserves the right to modify the prices at any time.
Prices do not include shipping and delivery costs, which are invoiced in addition under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase including these costs. An invoice is established by the Seller and sent by email to the Customer upon delivery of the ordered Products.
ARTICLE 3 — ORDERS
It is up to the Customer to select on the site the Products he/she wishes to order, according to the following modalities:
The Customer chooses a product which he puts in his Basket, he can then modify the contents of his basket, add or remove one or more products. He then validates his cart, for this he must register and provide personal information such as his name, email address and delivery address or connect to his personal space. He will then be redirected to the payment page by credit card or Paypal. Once the payment is made, the order is final.
The offers of Products are valid as long as they are visible on the site within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the site, constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer may follow the progress of his order on the site.
Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space). To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide truthful and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account. To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them. The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: email@example.com. This will be effective within a reasonable time. Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance does not engage the responsibility of the Seller.
The creation of an account implies acceptance of these general conditions of sale.
ARTICLE 4 – TERMS OF PAYMENT
The price is paid by secure payment according to the following methods:
payment by credit card -payment by Paypal – iDEAL – Alipay – or sepa transfer
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider intervening for the banking transactions carried out on the site
Payments made by the Customer shall be considered final only after the Seller has effectively collected the amounts due. The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – SHIPPING
The Products ordered by the Customer will be delivered in Metropolitan France and in the rest of the world.
Deliveries are made within 2 to 15 days (for certain international destinations) to the address indicated by the Customer when ordering on the site.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 15 days after the indicative date of delivery for any other cause than the force majeure or the fact of the Customer the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2. L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract to the exclusion of any compensation or withholding.
Deliveries are made by an independent carrier, La Poste, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer. The Customer is required to check the condition of the products delivered. The Customer has a period of 14 days from the date of delivery to make claims by mail or email, accompanied by all related documents (including photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products travel at the risk of the Seller.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the good(s) purchased shall be effective upon payment in full of the Customer’s order for the Products to the Seller. From then on, the Seller is obliged to deliver the ordered products to the Customer and its responsibility is engaged in case of non reception of the Products by the Customer. The transfer of ownership as well as of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. In the case of a delivery against signature, the obtaining of the signature of the Customer by the Post Office proves that the transfer has been carried out, that the Customer is physically in possession of the Products and protects the Seller against any claim of non-receipt of the Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. “
The right of withdrawal can be exercised online using the attached withdrawal form or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their remarketing in new condition.
Damaged, soiled or incomplete products are not accepted. The cost of return will be charged to the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided in this article.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
The Products supplied by the Seller benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order.
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. “
Article L217-5 of the Consumer Code The good is in conformity with the contract 1° If it is suitable for the use usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative in particular in publicity or labelling
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. “Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “Article 1641 of the Civil Code.
“The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. “
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. “
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the time of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention. “
In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery. The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts. Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and no later than 14 days after receipt of the returned items following the Seller’s determination of the non-conformity or hidden defect. This refund can be made by bank transfer or check. The responsibility of the Salesman could not be committed in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer as well as in case of normal wear and tear of the Product of accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site are the following:
Customer/user account opening: Name, first name, postal address, telephone number and e-mail address.
Within the framework of the payment of the Products offered on the site, this one records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products. The category(ies) of co-contractors is (are): – The transport providers – The payment institution providers
9.3 Data controller The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years. covering the time of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures for digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, the Customers and users of the site have the following rights:
- They can update or delete their data in the following way:
They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller” – If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 “Data controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another service provider
- Finally, they may object to the processing of their data by the Seller. These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to provide his e-mail address in the newsletter registration form, by virtue of which he agrees to receive informative and advertising e-mails from the Vendor. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GTC and the operations resulting from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaint, please contact the customer service department at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC. The Customer is informed that he can in any case resort to a conventional mediation, with the existing authorities of sectorial mediation or with any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute. In this case, the designated mediator is the European Online Dispute Resolution Platform (ODR) ec.europa.eu/consumers/odr
The Customer is also informed that he can, also resort to the platform of Online Dispute Resolution (RLL):https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation will be subjected to the courts of competent jurisdiction under the conditions of common law.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale
To the attention of Romane Fouquet, 8 rue bergonier, 69100 Villeurbanne,
I hereby notify the withdrawal of the contract concerning the good below:
Order of : (indicate the date)
Order number :
Customer’s name :
Customer’s address :
Customer’s signature (only if this form is notified on paper)