Terms and conditions of sale

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (the “T&Cs”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (the “Customers” or the “Customer”) wishing to purchase the products offered for sale (the “Products”) by the Seller on the website www.bijouxdailleurs.com. The Products offered for sale on the website are the following:

Jewellery items

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website www.bijouxdailleurs.com. The Customer must read them before ordering.

The choice and purchase of a Product are the Customer’s sole responsibility.

Product offers are subject to available stock, as specified when the order is placed.

These T&Cs are accessible at any time on the website www.bijouxdailleurs.com and prevail over any other document.

The Customer declares that they have read these T&Cs and accepted them by ticking the box provided for this purpose before starting the online ordering process on the website www.bijouxdailleurs.com.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

Maud Dubuc

9 RUE DE MARSANEIX, 22220 TREDARZEC, France

SIRET 92366813100017

Email: maud-dubuc@hotmail.fr

ARTICLE 2 – Prices

The Products are supplied at the prices in force on the website www.bijouxdailleurs.com when the Seller registers the order.

Prices are expressed in Euros, including tax.

The prices take into account any discounts the Seller may grant on the website www.bijouxdailleurs.com.

These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right to change them at any time outside that period.

Prices do not include handling, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website 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 issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is up to the Customer to select, on the website www.bijouxdailleurs.com, the Products they wish to order, as follows:

The Customer chooses a Product and adds it to their cart. They may remove or change it before confirming their order and accepting these general terms and conditions of sale. They then enter their details or log in to their account and choose the delivery method. Once the information has been confirmed, the order is considered final and requires payment by the Customer in accordance with the methods provided.

Product offers are valid as long as they are visible on the website, while stocks last.

The sale is only considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any error immediately.

Any order placed on the website www.bijouxdailleurs.com constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order.

The Customer can follow the progress of their order on the website.

Any cancellation of the order by the Customer is only possible before the Products are delivered (without prejudice to the provisions on whether or not the statutory right of withdrawal applies).

ARTICLE 4 – Payment terms

The price is paid by secure payment, as follows:

payment by bank card
SumUp service

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted form using the protocol defined by the approved payment provider handling the banking transactions made on the website www.bijouxdailleurs.com.

Payments made by the Customer will only be considered final once the Seller has actually received the sums due.

The Seller is not obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered within metropolitan France.

Deliveries are made within 1 to 4 weeks to the address given by the Customer when ordering on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered all at once.

The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the timeframes stated above.

If the ordered Products have not been delivered within 2 weeks after the indicative delivery date, for any reason other than force majeure or the Customer’s own act, the sale may be terminated at the Customer’s written request under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days after the date the contract is terminated, with no compensation or deduction.

If the Customer makes a special request regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be invoiced separately, on the basis of a quote previously accepted in writing by the Customer.

The Customer must check the condition of the delivered products. They have 14 days from the day of delivery to submit any complaints by email: maud-dubuc@hotmail.fr, together with all supporting documents (photos in particular). After this period, and if these formalities have not been followed, the Products will be deemed compliant and free of any apparent defect, and no complaint may validly be accepted by the Seller.

The Seller will refund or replace, as quickly as possible and at their own expense, delivered Products whose non-conformity 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 T&Cs.

The transfer of the risks of loss and damage to the Products takes place only when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier themselves. In that case, risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 – Transfer of ownership

Ownership of the Products is transferred from the Seller to the Customer only after the Customer has paid the price in full, regardless of the delivery date of the said Products.

ARTICLE 7 – Right of withdrawal

Under Article L221-18 of the French Consumer Code: “For contracts providing for the regular delivery of goods over a defined period, the withdrawal period runs from the receipt of the first item.”

The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the website, or by any other unambiguous statement expressing the wish to withdraw, in particular by post addressed to the Seller at the postal address or email given in ARTICLE 1 of the T&Cs.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), so that they can be resold as new, together with the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

Return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer under the conditions set out 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 non-conforming Products or Products that do not match the order,
the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code

“The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

Article L217-5 of the French Consumer Code

“The goods conform to the contract:

1° If they are fit for the use normally expected of similar goods and, where applicable:

– if they match the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;

– if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;

2° Or if they have the characteristics agreed by the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the latter.”

Article L217-12 of the French Consumer Code

“Any action arising from a lack of conformity is time-barred two years after delivery of the goods.”

Article 1641 of the French Civil Code.

“The seller is bound by the guarantee against hidden defects in the thing sold which make it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price, had they known of them.”

Article 1648, first paragraph, of the French Civil Code

“An action arising from redhibitory defects must be brought by the buyer within two years of discovering the defect.”

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the commercial guarantee granted at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer’s request for intervention or from the making available of the good in question for repair, if the latter is later than the request for intervention.”

In order to assert their rights, the Customer must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will refund, replace or repair the Products or parts under warranty found to be non-conforming or defective.

Shipping costs will be refunded on the basis of the rate invoiced, and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as quickly as possible and no later than 1 to 4 weeks after the Seller has established the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Seller’s liability cannot be engaged in the following cases:

failure to comply with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure,
the photographs and graphics shown on the website are not contractual and cannot engage the Seller’s liability.

The Seller’s warranty is in any event limited to the replacement or refund of Products that are non-conforming or affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products and for their delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data

The personal data collected on the website www.bijouxdailleurs.com is as follows:

Ordering Products:

When the Customer orders Products:

Surname, first name, postal address, telephone number and email address.

Payment

As part of the payment for Products offered on the website www.bijouxdailleurs.com, the website records financial data relating to the Customer’s / user’s bank account or credit card.

9.2 Recipients of personal data

Personal data is for the sole use of the Seller and their employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act (Informatique et Libertés) and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data collected for a period of 5 years, covering the limitation period for the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, 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 Exercising Customers’ and users’ rights

Under the applicable personal data regulations, Customers and users of the website www.bijouxdailleurs.com have the following rights:

They may update or delete the data concerning them by simple request to maud-dubuc@hotmail.fr.
They may delete their account by writing to the email address given in article 9.3 “Data controller”.
They may exercise their right of access to find out what personal data concerns them by writing to the address given in article 9.3 “Data controller”.
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address given 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 given in article 9.3 “Data controller”.
They may also request the portability of the data held by the Seller to another provider.
Finally, they may object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the data controller, whose contact details are given above.

The data controller must respond within a maximum of one month.

Any refusal to grant the Customer’s request must be justified.

The Customer is informed that, in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring the matter before a judicial authority.

The Customer may be invited to tick a box by which they agree to receive informational and promotional emails from the Seller. They will always be able to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the website www.bijouxdailleurs.com is the property of the Seller, Maud Dubuc, and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.

ARTICLE 11 – Applicable law – Language

These T&Cs and the transactions arising from them are governed by and subject to French law.

These T&Cs are drafted in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact customer service at the Seller’s postal address or email given in ARTICLE 1 of these T&Cs.

The Customer is informed that they may in any event have recourse to conventional mediation, through existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes relating to purchase and sale transactions concluded under these T&Cs that have not been settled amicably between the seller or through mediation shall be submitted to the competent courts under the conditions of ordinary law.