GTC

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

​Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website latelierjolisbijoux.com

Article 3 - Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.

The following information is transmitted to the buyer in a clear and understandable manner:

- the essential characteristics of the product;

- the price of the product

- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;

- in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price;

Article 4 - The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: contact@latelierjolisbijoux.fr

Article 5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

- payment of sums due under the purchase order;

- signature and express acceptance of all operations carried out.

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation, by email.

Article 7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

Article 10 - Method of payment

This is an order with payment obligation, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Payment of the price is made in full on the day of the order, according to the following terms:

- Bank card

-paypal

​Article 11 - Availability of products - Reimbursement - Cancellation

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the deadline is 2 to 3 working days after processing the order (within 48 hours) from the day following that on which the buyer placed his order, according to the following methods: Letter followed .

The responsibility of the seller can not be engaged in case of delay in delivery due to a failure of the Carrier.

For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.

Article 12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession of the product. The products ordered are delivered according to the methods and the deadline specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

Article 13 Right of withdrawal

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. We offer you the reimbursement of your purchase if it does not suit you, within 14 days of receipt of your package, the date indicated by the La Poste tracking number being authentic. The refund is made without the amount of the delivery costs if there were any. Return postage is your responsibility as well.
We also advise you to opt for a return method with tracking, in fact we cannot be held responsible for the loss of your package or its delivery to the wrong address.

We reserve the right to refuse a return if the object and/or the packaging in which it was initially packaged is damaged, used or missing. In this case, we will contact you to inform you and find a solution with you. The refund will be issued as soon as we receive your return and carry out the checks concerning it. A refund confirmation will then be sent to you by email and you will receive the amount of the return within a few days.

The complaint can be made by e-mail to the following address contact@latelierjolisbijoux.fr

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized;

Article 14 - Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code. In the event of implementation of the legal guarantee of conformity, it is recalled that: the buyer has a period of 2 years from the delivery of the goods to act; the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code; the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.

14-2 Legal warranty against hidden defects

In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

Article 15 - Force majeure

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 16 - Intellectual property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 17 - Computing and Freedoms

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the latelierjolisbijoux.com website has been declared to the CNIL.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the site latelierjolisbijoux.com

Article 18 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 19 - Mediation and settlement of disputes

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

Article 20 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court of law.

This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 21 - Protection of personal data

Find the terms of data protection in the privacy and cookies policy tab.

The computerized processing of the personal data collected is intended for the management of orders and possibly the re-use for commercial purposes as regards the Seller only. In the absence of a response, the possible order cannot be processed.

In accordance with the Data Protection Act, the customer has the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning him; the data controller being the customer service, whose contact details appear at the top of these GCS.

If the customer has previously accepted it, he may receive marketing emails or SMS from the Seller, from which he can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each e-mail received and for SMS by clicking on STOP in each SMS received.

If he does not want the contact details concerning him to be reused for commercial purposes, he must inform the department responsible for processing.

The processing of personal data, which is kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL).

The customer is informed that his connection information and in particular the pages consulted and the IP addresses, are kept for the legal period of one year.

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

​ANNEX

Withdrawal form

To the attention of :

The Pretty Jewelry Workshop

located at: 9 bis rue Boileau 75016 Paris

email address: contact@latelierjolisbijoux.fr

I hereby notify you of my withdrawal from the contract........... relating to the product(s)................. ....,

ordered on: .........

First and last name of the consumer: .................

Consumer's address: .................

Date : ..................

Signature of the consumer (only for a paper shipment).

​

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ARTICLES

Consumer Code

Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5: “The good complies with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- 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 has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials that he himself supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice clearly entails a cost disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer.

Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature recognized by law.

Article L. 217-14: "Recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.

Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good or the service any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the product. thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it."

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for restoration 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 request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Civil Code

Article 1641: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it. , or would have paid less, if he had known them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.