GENERAL CONDITIONS OF SALE


These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website https://www.rosecherieparis.com (hereinafter the “SITE”) with Stella Alessandra, registered in the directory of companies and establishments under the number 808 350 169 00013 , having its registered office at 39 rue Mozart 94400 Vitry, France, email: contact@rosecherieparis.com (hereinafter the "SELLER").

IMPORTANT

Any order placed on the Site necessarily implies the CUSTOMER’s unreserved acceptance of these terms and conditions

You can register for free on the BLOCTEL opposition list ( www.bloctel.gouv.fr ) so that you will no longer be contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 on consumption. Any consumer can register for free on this list at https://conso.bloctel.fr/index.php/inscription.php .



ARTICLE 1. DEFINITIONS


The following terms have the following meanings in these Terms and Conditions:

«CUSTOMER»: means the co-contracting party of the SELLER, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
«DELIVERY»: means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
“PRODUCTS” means all products available on the SITE.
“TERRITORY”: means metropolitan FRANCE (excluding DOM/TOM).

ARTICLE 2. SUBJECT MATTER


These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.

The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual conditions.


ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS


The CUSTOMER agrees to read these General Terms and Conditions carefully and accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Terms and Conditions and keep a copy of them.

The SELLER advises the CUSTOMER to read the General Conditions on each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

 

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE


To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The CUSTOMER will be asked to provide information enabling it to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed in order for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. Tracking of DELIVERIES can, if necessary, be done using the online tracking tools of some carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail at sav@opale-bijoux.com to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.


ARTICLE 5. ORDERS


Article 5.1 Characteristics of products

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.

The CUSTOMER undertakes to read this information carefully before placing an order on the WEBSITE.

Unless expressly stated otherwise on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

Article 5.2. Ordering procedure

Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note that depending on the CUSTOMER’s start page, the steps may differ slightly).

5.2.1. PRODUCT Selection and Call Options

The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER basket. The latter can then add as many PRODUCTS as he wishes to his cart.

 

5.2.2. Controls

Once the PRODUCTS have been selected and placed in their shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of their order are correct. If the CUSTOMER has not yet done so, they will then be asked to identify themselves or register.

Once the CUSTOMER has validated the contents of the shopping cart and has identified himself/ registered, will be displayed to his attention an online form completed automatically and summarizing the price, the applicable taxes and, if applicable, the shipping costs.

The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.

The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary for the correct processing of the order.

The CUSTOMER must also select the delivery method chosen.

5.2.3. Acknowledgement of Receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct.

The SELLER does not send an order confirmation by mail or fax.

5.2.4. Billing

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER’s order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any access code to the DELIVERY address.

The CUSTOMER must also specify the payment method chosen.

Neither the purchase order which the CUSTOMER establishes online, nor the acknowledgement of receipt of the order which the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original of the invoice at the DELIVERY of the PRODUCTS, inside the package.

 

5.3. Order Date

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The periods indicated on the SITE do not start to run until this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transport chosen).

The prices include in particular value added tax (VAT) at the rate prevailing on the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER’s suppliers are subject to change. Accordingly, the prices indicated on the SITE may change. They can also be modified in case of special offers or sales.

The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the WEBSITE on the date on which the order is placed by the CUSTOMER.

 

5.5. Availability of PRODUCTS

The professional undertakes to deliver the PRODUCT on the date or within the time indicated to the CUSTOMER, unless the parties have agreed otherwise.

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his order of UNAVAILABLE PRODUCTS, he will obtain a refund of all sums paid for the UNAVAILABLE PRODUCTS at the latest within thirty (30) days of payment.

 

ARTICLE 6. RIGHT OF RETRACTION


The terms of the right of withdrawal are provided for in the «Withdrawal Policy», policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hyperlink.


ARTICLE 7. PAYMENT


7.1. Means of payment

The CUSTOMER may pay for its PRODUCTS online on the WEBSITE according to the means offered by the SELLER.

The CUSTOMER warrants to the SELLER that he holds all the authorizations required to use the chosen means of payment.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.

It is hereby specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE bank and is not processed on the WEBSITE.

7.2. Payment Date

In case of single payment by credit card, the CUSTOMER’s account will be debited as soon as the order of PRODUCTS placed on the SITE.

In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first parcel is shipped. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

 

7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service Department in order to pay the order by any other valid means of payment.

In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow due by the CUSTOMER would prove impossible, the order would be cancelled and the sale automatically terminated.


ARTICLE 8. PROOF AND ARCHIVING


Any contract concluded with the CUSTOMER corresponding to an order in excess of 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.

In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

 

ARTICLE 9. TRANSFER OF PROPERTY
The SELLER remains the owner of the delivered PRODUCTS until their complete payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation of title, and the risk of damage they may cause.

ARTICLE 10. DELIVERY
The terms and conditions of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 11. PACKAGING

The PRODUCTS will be packaged in accordance with the applicable transport standards, to ensure maximum protection for the PRODUCTS during delivery. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy.

 

ARTICLE 12. GUARANTEES


Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, any Customer benefits from «legal» guarantees, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the French Consumer Code

 

Article 12.1. Guarantee of conformity

Article L.217-4 of the French Consumer Code: The seller delivers a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility».

Article L.217-5 of the French Consumer Code: "The good conforms to the contract: 1° If it is suitable for the usual use of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model; - if it presents the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted».

 

The SELLER may be liable for defects of conformity existing at the time of issue and for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been put at its expense or has been carried out under its responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the issue of the PRODUCT (Article L.217-12 of the French Consumer Code)

In the event of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER’s choice is clearly disproportionate in relation to the alternative option, given the value of the PRODUCT or the magnitude of the default, the SELLER may proceed with a refund, without following the option chosen by the Customer.

In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 39 rue Mozart 94400 Vitry.

Finally, the CUSTOMER is exempted from reporting proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the issue of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the French Consumer Code).

It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, on the PRODUCTS.

 

Article 12.2. Guarantee of hidden defects

The SELLER is bound by the guarantee on account of the hidden defects of the PRODUCT sold which render it unfit for the use for which it is intended, or which so reduce this use that the CUSTOMER would not have acquired it, or would have given only a lower price, if he had known them. (Article 1641 of the Civil Code)

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of part of its price, if the PRODUCT is not returned.

In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 39 rue Mozart 94400 Vitry. The action resulting from the deleterious defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)

 

ARTICLE 13. LIABILITY
The SELLER may not be held liable under any circumstances in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER shall not be held liable, or considered as having failed hereunder, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts.

It is further specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. It therefore excludes any liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

 

ARTICLE 14. FORCE MAJEURE

The SELLER’s liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTCS results from a case of force majeure.

Force majeure in contractual matters occurs when an event beyond the control of the obligor, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.

If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this regard, the SELLER may not be held liable in particular in the event of attacks by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in case of occurrence of any circumstance or event outside the will of the SELLER intervening after the conclusion of the GTCS and preventing the performance under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any indemnity and cannot bring any action against the SELLER.

In the event of the occurrence of any of the aforementioned events, the SELLER shall endeavour to inform the CUSTOMER as soon as possible.

 

ARTICLE 15. PERSONAL DATA
The SELLER collects personal data concerning its CUSTOMERS on the WEBSITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER are used to process the orders placed on the WEBSITE, to manage the CUSTOMER’s account, to analyze the orders and, if the CUSTOMER has expressly chosen this option, to send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER’s data are kept confidential by the SELLER for the purposes of the contract, its performance and in compliance with the law, for a period of 3 years from the end of the business relationship if you are a customer or from your last contact if you are not yet a customer.

Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided below each offer received by e-mail.

The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have expressly given their prior agreement when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

 

In accordance with Law No. 78-17 of 6 January 1978 on Data Processing, Files and Freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of data subjects.

It is recalled that the CUSTOMER whose personal data are processed benefits from the rights of access, rectification, updating, portability and erasure of the information concerning him, and a right to limitation of processing in accordance with Articles 49,50,51,53 and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him, without reason and without charge.

The CUSTOMER may also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.

The CUSTOMER may exercise these rights by sending an e-mail to: contact@rosecherieparis.com or by sending a mail to 39 rue Mozart 94400 Vitry

Finally, the CUSTOMER may also lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/en/plaintes).

 

ARTICLE 16. CLAIMS
The SELLER makes available to the CUSTOMER a "Customer Service" at the following email: rosecherieparis@gmail.com. Any written complaint of the CUSTOMER must be sent to the following address: 39 rue Mozart 94400 Vitry.

 

ARTICLE 17. INTELLECTUAL PROPERTY


All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who edits a website and wishes to create a direct hyperlink to the WEBSITE must request the SELLER’s authorization in writing.

This authorization from the SELLER will in no case be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing (framing) or hypertext linking (in-line linking) are strictly prohibited.

Any representation or reproduction, total or partial, of the SITE and its contents, by whatever process, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement sanctioned by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.

Acceptance of these Terms and Conditions constitutes recognition by the CUSTOMER of the SELLER’s intellectual property rights and an undertaking to respect them.

 

ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS


Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision does not allow CUSTOMERS to disregard these General Conditions.

Any conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.



Article 19. MODIFICATION OF GENERAL CONDITIONS


These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.

Changes to the General Conditions will not apply to PRODUCTS already purchased.

 

Article 20. JURISDICTION AND APPLICABLE LAW


THESE GENERAL CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW

IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.

However, prior to any appeal to the arbitral or state judge, the Customer is invited to contact the SELLER’s complaint department.

If no agreement is reached or if the CUSTOMER justifies having attempted, in advance, to resolve his dispute directly with the SELLER by a written claim, then an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

To initiate this mediation, the CUSTOMER can contact the mediator of the SELLER: Rose Chérie Paris, whose contact details are: and who can be entered via this link:

The party wishing to implement the mediation process must inform the other party beforehand by registered letter with acknowledgement of receipt indicating the elements of the conflict

Since mediation is not mandatory, the CUSTOMER or SELLER may withdraw from the process at any time

IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION SHALL BE ENTRUSTED TO THE COMPETENT COURT DESIGNATED ABOVE.

 

ANNEX 1

RETRACTATION POLICY


Principle of withdrawal

The CUSTOMER has the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving any reason.

For this, the PRODUCT must be returned or returned no later than fourteen (14) days following the communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT itself.

Withdrawal period

The withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the property.

If the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last property.

In the event of delivery of the PRODUCT in several batches of parts, the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or part.

Notification of right of withdrawal

To exercise his right of withdrawal and in accordance with article L.221-21 of the French Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by mail, fax or e-mail) to: 39 rue Mozart 94400 Vitry or contact@rosecherieparis.com

They can also use the form below:

RETRACTION FORM
Attn: Stella Alessandra

Telephone number of the SELLER:
Fax number of the SELLER:
SELLER’s email address*: rosecherieparis@gmail.com

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:

PRODUCT Reference
No. of the invoice:
Purchase Order Number:
- Commandé le [________________]/reçu le [________________]
- Means of payment used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- Address of the CUSTOMER:
- Delivery address:

- Signature of the CUSTOMER (except in the case of transmission by e-mail)

- Date

 

In order for the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs (with the exception of any additional costs resulting from the choice by the CUSTOMER of a delivery method other than the standard delivery method proposed by the SELLER) from the date on which it is informed of the CUSTOMER’s decision to withdraw.(Article L.221-24 of the French Consumer Code).

Unless the SELLER proposes to recover the PRODUCTS himself, the SELLER may postpone the refund until the PRODUCTS are recovered or until the CUSTOMER has provided proof of the shipment of the PRODUCTS, the date chosen being that of the first of these facts.

The SELLER shall make the refund using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to use another means of payment and to the extent that the refund will not incur any costs for the CUSTOMER.

 

Return Terms and Conditions

In any event, the CUSTOMER must, no later than fourteen (14) days after the communication of its decision to withdraw from this contract, return the property to: 39 rue Mozart 94400 Vitry

This period shall be deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.

Return Fee

The CUSTOMER shall bear the direct costs of returning the goods.

In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER shall bear the direct costs of returning the goods.

Condition of returned property

The PRODUCT must be returned according to the instructions of the SELLER and include in particular all the delivered accessories.

The CUSTOMER is liable only for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those that are necessary.

 

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

- Provision of services fully performed before the end of the withdrawal period and the performance of which began after the prior express consent of the consumer and express renunciation of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made up according to the CUSTOMER’s specifications or clearly personalized
- Supply of goods liable to deteriorate or rapidly perish
- Provision of audio or video recordings or sealed software that has been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential, goods transport, car rental, catering or leisure activities if the offer provides for a specific execution date or period
- Supply of goods which by their nature are inseparably mixed with other articles
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY

 

ANNEX 2

DELIVERY POLICY


Delivery area

The proposed PRODUCTS can only be delivered in the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(s) indicated by the CUSTOMER during the order process.

Shipping time

The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are understood outside weekends or holidays.

An electronic message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.

 

Deadlines & Delivery Costs

During the ordering process, the SELLER shall inform the CUSTOMER of the possible shipping times and forms for the PRODUCTS purchased.

Shipping costs are calculated based on the mode of delivery.
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.

The details of delivery times and costs are detailed on the SITE.

In the absence of an indication or agreement as to the date of delivery, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).

Terms of DELIVERY

The parcel will be delivered to the CUSTOMER against signature and on presentation of an ID.

In case of absence, a notice of passage will be left to the CUSTOMER, to allow him to pick up his parcel in his post office.

DELIVERY issues

The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering process, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in the event of failure to deliver within that time, he may terminate the contract.

The SELLER shall refund to the CUSTOMER, without undue delay from the date of receipt of the termination letter, the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same method of payment used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the damage or partial losses found during the delivery.