General Terms and Conditions
Date of last update: January 10, 2020
Article 1 - PARTIES
Between Mellerio International SA, a company with capital of 1,909,680 euros, registered with the RCS of Paris under the number 352 187 611, intra-community VAT number [FR45352187611 ] whose head office is located at 9 rue de la Paix, 75002 PARIS represented by [Laure-Isabelle Mellerio] duly authorized,
(hereinafter referred to as the " Company"),
And the natural person purchasing products from the Company
(hereinafter referred to as the “ Customer”),
It has been stated and agreed as follows:
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the “General Conditions of Sale”, or the “GTC”) are applicable exclusively to the online sale of products offered by the Company on its website www.mellerio.fr (the“Site”).
The GTC are made available to customers on the Site where they can be viewed directly and can also be communicated to them on request by any means.
The GTC are enforceable against the Customer who acknowledges, by checking the box or clicking on the button provided for this purpose, to have read and accepted them before placing an order. The Company ensures the conservation of said GTC.
The use of the distance selling process described in these T & Cs is reserved for consumers only, within the meaning of the introductory article of the Consumer Code.
Article 3 - DESCRIPTION OF THE PRODUCTS
The Site is an online jewelry sales site (hereinafter the “Product (s)”) open to any natural or legal person using the Site.
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appears on the Site or is sent at the latest on delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
Article 4 - ACCURACY OF THE INFORMATION PROVIDED BY THE CUSTOMER
The Customer undertakes to provide real, exact information up to date when it is entered in the order form, and in particular not to use false names or addresses, or even names or addresses without being authorized to do so.
Article 5 - ORDERS
The Company strives to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of the Company, a Product turns out to be unavailable after the Customer's order, the Company will inform the Customer by email as soon as possible and the Customer will have the choice between:
• delivery of a Product of a quality and price equivalent to that initially ordered, or
• reimbursement of the price of the Product ordered.
With the exception of any indication to the contrary appearing in these General Conditions of Sale and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, that is to say that after having selected Products added to the basket in the desired quantities, the Customer must check and possibly correct the details of his order (identification, quantity of products selected, price, terms and delivery costs) before confirming it by clicking on "I confirm my order", then he provides his bank details and, after having read them, acknowledges accept these T & Cs by checking the box for this purpose before clicking on the "Buy" button. The "double click" constitutes acceptance without restriction or reservation of the order by the Customer. The contract between the Company and the Client is then formed.
A copy of these General Conditions of Sale as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his order so that the latter can refer to them.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail. The Company strongly advises the Customer to print and / or archive on a reliable and durable medium this order confirmation as proof. A digital invoice is also sent to the Customer by email. The Company also advises the Customer to print and / or archive this invoice on a reliable and durable medium as proof.
The Company archives product sales contracts in accordance with applicable legislation. The archiving of communications, contracts, orders and invoices is provided by the Company on a reliable and durable medium so as to constitute a faithful and durable copy. By making a request to the following address email@example.com, the Company will provide the Customer with a copy of the contract that is the subject of the request. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Company on the Internet or by telephone constitute proof of all transactions between the Company and its Customers.
Any email that will be sent to the Customer as part of an order will be sent to the email address provided by the Customer when ordering.
The Company reserves the right not to validate the Customer's order when:
• The Customer does not comply with the General Conditions of Sale in force at the time of his order;
• The Customer's order history shows that sums remain due for previous orders;
• One of the Customer's previous orders is the subject of a dispute being processed;
• The Customer did not respond to a request for confirmation of his order that the Company sent him.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Company.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Company can in no way be sought in the event that an error when placing the order would prevent or delay delivery / delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions of Sale.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
• delivery of a Product that does not conform to the declared characteristics of the Product;
• delivery exceeding the deadline set in the order confirmation or, failing such a date, within thirty (30) days of the conclusion of the contract, after the Company has been ordered, under the same terms and without result , to make the delivery within a reasonable additional time;
• a price increase which is not justified by a technical modification of the product imposed by the public authorities.
The order can be canceled by the Company in the event of:
• the buyer's refusal to take delivery;
• non-payment of the price (or the balance of the price) at the time of delivery.
Article 6 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any event, the Company reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
The Company uses the Stripe online payment solution.
The Company only accepts payment by credit card.
Payment is made through the online payment solution, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The commitment to pay given by card is irrevocable. The Customer's account will be debited with the corresponding amount only when (i) the data of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the sums due will result in the immediate nullity of the sale.
The bank card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
Where applicable, the order validated by the Customer will not be considered effective until the debit has been accepted by the bank that issued the credit card.
As part of the control procedures, the Company may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any other purpose than these.
Article 7 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) including delivery and transport costs. Prices include discounts and reductions granted by the Company, where applicable. In the event of a promotion, the Company undertakes to apply the promotional price to any order placed during the period specified in the advertisement made for the promotion.
The price is payable in euros (€) exclusively. The price is payable in full immediately upon ordering.
The total amount owed by the Customer and its details are indicated before the stage of placing the order.
In the event of an entry, printing or calculation error showing a price significantly lower than the price normally charged, the Customer will be applied the lowest price unless this price is clearly derisory, that is to say without in relation to the actual value of the product ordered. In this case the order, even if it has been the subject of an automatic confirmation by the Company, will be canceled. The Customer will be informed as soon as possible so that he can, if he wishes, place an order again at the price normally charged.
Article 8 - RESERVE OF OWNERSHIP
The Company remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 9 - SHIPPING AND DELIVERY
The online sales offers presented on the site are applicable worldwide.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Company offers the following delivery or delivery methods:
• Express delivery by the Fedex service
The shipping costs are those specified when the order is finalized and are accepted by the order validation.
The Company undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order. If it is a bespoke order, the delivery can take up to 8 weeks.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the deadline provided by the carrier.
The Company undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that payment for the order has not been refused.
However, if one or more Products could not be delivered within the period initially announced, the Company will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address contains no errors. The Company cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, you will be asked to sign a receipt.
No delivery will be made to a PO box.
On delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip. The Customer must indicate on the delivery slip any complaint concerning the quantity or the condition of the Product.
Article 10 - RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Company. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. Of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form].
The Company will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If applicable, the Customer may exercise his right of withdrawal by notifying the Company of the following information:
• name, geographic address, telephone number and e-mail address;
• withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form, but this is not mandatory.
Return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Company will recover the Product at its expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
• for the supply of goods made to the consumer's specifications or clearly personalized.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Company will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt by the Company of the Product and of all the elements allowing the reimbursement of the Customer to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the will of the Company.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 11 - CUSTOMER SERVICE
The Customer can contact the Company:
• at the following number 0142615753 on the following day and opening hours from 10:30 am to 7 pm.
• by email by contacting firstname.lastname@example.org indicating his name, telephone number, the subject of his request and the number of the order concerned.
• by mail to the following address 9 rue de la Paix 75002 Paris indicating his name, telephone number, the subject of his request and the number of the order concerned.
ARTICLE 12 - RESPONSIBILITY AND GUARANTEE
The Company cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party. present.
The characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Company does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates or technical improvements, or to change the content and / or their presentation.
The Company cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of these General Conditions of Sale and for the direct or indirect damage that this use could cause to a Customer or to a third party. . In particular, the Company cannot be held responsible for false declarations made by a Client and for his behavior towards third parties.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:goodsliable for
“The seller deliversin conformity with the contract and isany lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. »
Art. L.217-5 of the Consumer Code:
"The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good 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 attention of the seller and which the latter has accepted. »
Art. L.217-7 of the Consumer Code:Lacksof the goods
"of conformity which appear within twenty-four months from the deliveryare presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L.217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ”.
Art. L.217-12 of the Consumer Code:lapsesof the goods
“The action resulting from the lack of conformitytwo years after delivery. »
Art. 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them. »
Art. 1644 of the Civil Code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned. »
Art. 1648 paragraph 1 of the civil code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »
It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 13 - PERSONAL DATA
ARTICLE 14 - GENERAL PROVISION
INTEGRALITY OF THE AGREEMENT OF THE PARTIES
These General Conditions of Sale constitute a contract governing the relations between the Customer and the Company. They constitute all the rights and obligations of the Client and of the Company relating to their subject. If one or more stipulations of these General Conditions were declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope. In addition, the fact that one of the parties to these General Conditions of Sale does not invoke a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver of its share to avail itself in the future of such a failure.
MODIFICATIONS OF CONDITIONS
The General Conditions of Sale applicable to the Customer are those available on the date of the order, a copy of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions of Sale that would be made by the Company will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.
The Company advises the Customer to save and / or print these General Conditions of Sale for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINTS - MEDIATION
In the event of a dispute, you must first contact the Company's customer service at the following coordinates: email@example.com 0142615753
In the event of failure of the complaint request to customer service or in the absence of response from this service within ten (10) days, the Customer may submit the dispute relating to an order or to these GTCS opposing it to the Company to the following mediator: https://www.mediateurfevad.fr/
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
APPLICABLE LAW AND COMPETENT COURTS
These General Conditions are governed, interpreted and applied in accordance with French law. In the event of a dispute, the French courts will have sole jurisdiction.