TERMS OF SALES
PREAMBLE
The Seller works in e-business and offers an on-fine sales service on the website www.bijouterie-jouveau.fr. The following terms exclusively apply to non-professional consumers.
ARTICLE 1 - Definitions
The terms must be understood as follows:
Buyer: person buying from the site
Order : purchase order put in by the buyer for one or several items and accepted by the seller according to the terms of sales
Cookie : a small file or part of a file stored on a World Wide Web user's computer, created and subsequently read by a Web site server, and containing personal information
E-mail : message sent and received electronically through an e-mail system
Hypertext : a database format in which information related to that on a display can be accessed directly from the display
Internet : World Wide Web
Party : Buyer and/or Seller
Product : item on sale on the site
Site : website that can be accessed at http://www.bijouterie-jouveau.fr on which the seller offers products for sale
Seller :
BIJOUTERIE ALAIN JOUVEAU ou société ARCOR - ATELIER DE REPARATION ET CREATION DE L'OR
43 Rue St Catherine
Bergerac 24100 - Tel: +33 553 271 002 -
contact@bijouterie-jouveau.fr -
SIRET 32850782700025 -
RCS Bergerac B 328 507 827 -
Capital social 15.000,00 euros,
offering Products for sale through the Site.
ARTICLE 2 - Object
The terms are meant to define the rights and duties of both the Seller and the Buyer concerning sales via the site.
ARTICLE 3 -Field of application
The terms are valid for all on-site sales.
Orders will be received by the Seller on the condition the terms are accepted by the Buyer.
ARTICLE 4 - Order
The Buyer orders via the Site.
Contractual information is given in French and will be confirmed on delivery at the latest.
The Buyer declares him/herself well informed of the terms previous to placing the order and understands that accepting them is conditional to making the order valid.
Moreover, the Buyer acknowledges that the Terms were made available in such a way that they could be kept and duplicated as per art. 1369-4 of the French Common Law.
Offers made by the Seller on site are valid for the period indicated on the website.
To place an order, the Buyer must give the Seller the requested personal data and fill in the on-line form. The sales contract is finalized when the Buyer clicks on the VALID button to confirm the order.
Until this final step, the Buyer will be able to come back to the preceding pages to modify the order or any information previously given.
A confirmation e-mail acknowledging receipt of the order with a copy of the details will then be sent to the Buyer asap.
The Buyer must therefore quote an e-mail address when the personal data boxes.
In case an item ordered by the Buyer were not available, the Seller will notify the Buyer by e-mail asap.
The Seller will then offer the Buyer to send, in exchange, an item of equivalent quality and price.
The cost of return will be charged to the Seller.
ARTICLE 5 - Payment
Prices quoted on-site are inclusive of taxes but not of delivery and charges.
The weight of gold and silver may differ slightly depending on the size of a finger or the size of the jewel.
Prices may be adjusted depending on the price of gold.
The Seller is free to fix the prices of the items on display on the site.
However, the items will be charged to the buyer as quoted at the time of the order. Payment will be made by the banking system of secure online payment at the time of order.
A credit card payment cannot be cancelled, without prejudice to the Buyer's right to retract or to cancel the order.
THE TRANSFER OF PROPERTY TO THE BUYER WILL OCCUR WHEN THE SELLER HAS CASHED IN.
ARTICLE 6 - Delivery
The item will be delivered at the address quoted by the Buyer in the order form.
No jewelry was in stock except in specific cases, it takes a period of approximately 3 weeks for manufacturing jewelry. The Seller undertakes to deliver within 30 days following the day after the order is taken.
In case the item cannot be delivered in time , the Seller will notify the Buyer by e-mail, and the latter may cancel the order, and if payment has been made, will be refunded.
In case of late delivery, the buyer may also cancel the order and will be refunded, return charge included.
If the item is delivered after the order has been cancelled, refund will follow receipt of the item -in its original state- by the Seller.
Return of the item and refund of the Buyer will take place following the provisions set out below in art.7 "Cancelling-Retracting-Refunding"
ARTICLE 6.1 – FRAIS D'EXPEDITION
Tous les frais d'expédition sont uniquement valables pour un colis d'un poids inférieur à un kilogramme.
Les frais d'expédition sont offerts pour toutes expéditions en france métropolitaine.
Une participation aux frais d'expédition de 15,00Euros est facturée pour tout envoi vers les DOM-TOM.
Le transporteur choisit par le Vendeur est La Poste en Colissimo. Le vendeur se réserve le droit de choisir un autre moyen de transport sans faire supporter de frais supplémentaires à l'Acheteur.
Le barème de transport est le suivant :
- Zone 1 / 16,00 Euros : Union Européenne, Suisse et Norvège
- Zone 2 / 19,00 Euros : Pays de l’Europe de l’Est (hors Union Européenne), Maghreb
- Zone 3 / 22,00 Euros : Pays d’Afrique hors Maghreb, Canada, Etats-Unis, Proche et Moyen Orient
- Zone 4 / 25,00 Euros : Autres destinations
ARTICLE 7 - Cancelling-Retracting-Refunding
The buyer may retract within the 7 days following receipt of the item, without giving any justification, and return the item.
In that case, the Seller undertakes to refund the Buyer asap and within the 30 following days at the latest. The return charge will be to the Buyer.
To exert that right, the Buyer on Site, section (Contact) and fill in the appropriate form.
An e-mail acknowledging receipt will be sent back.
ARTICLE 8 - Warranty
Without prejudice to the above- mentioned right to retract , the Buyer benefits from a hidden defect warranty as listed in art. 1641 of the French Common Law.
Moreover, if the item delivered to the Buyer differs from the product quoted in the order, this product will be exchanged or repaired, in accordance with the Buyer's demand, unless it implies a disproportionate cost with the alternative.
If the Buyer's demand cannot be met within a month, or if repairs or replacement are impossible, the Buyer may either return the item and be refunded , or keep the item and be refunded in part.
ARTICLE 9 - Liability
The Seller can only be held liable for direct and predictable damage resulting from the use of the Site or the Item by the Buyer.
The Seller cannot be held liable if the Buyer is responsible for the trouble, or if it is due to the unpredictable and insurmountable act of a third party, or in case of force majeure.
The Seller cannot be held accountable for any damage resulting from misuse of the products by the buyer.
ARTICLE 10 - Intellectual Property
All the elements displayed on site, such as sounds, pictures, photos, videos, written documents, animations, programmes, graphs, utilities, data bases, software, are protected under the Code of Intellectual Property and are the property of the Seller.
The Buyer will in no case infringe those rights, and in particular copy, show, alter, translate, quote or use a substantial portion of the above, other than is deemed necessary.
The seller forbids any adjunction of a deep hypertext link to the Site or any hypertext link using a transclusion technique.
ARTICLE 11 - Personal Data
The Buyer must be aware that while surfing or ordering, personal data will be collected and processed by the Seller.
The "Commission Nationale Informatique et Liberté » will be notified as required by law (n° 78-17 jan 6 1978)
The Buyer is informed that this data:
-is legally collected
-is collected for determined, explicit and justifiable ends
-will not be used later for other ends
-is adequate, pertinent and sensible given the ends to which it is collected and its further use
-is exact and exhaustive
-is kept in a way that guaranties the identification of those concerned for a length of time that does not exceed the end to which it is collected and processed.
Moreover, the Seller undertakes to take all necessary precautions to ensure this data is safe, is not altered damaged or accessed by unauthorized third parties.
This data is necessary to process the order as well as improve and personalize service.
It will not be transferred to third parties.
The Seller wishes to place a cookie in the Buyer's computer.
A cookie is not a means of identification. Generally speaking, it contains information relative to the navigation of the Buyer's computer on the Site (pages read, date and time... ) to be read on further visits.
Namely, it contains information given by the Buyer. The Buyer will therefore not need, on a further visit, to fill in the form displayed. This information will be stored in the Seller's computer for 1 I hours and 40 minutes.
The Buyer is informed that cookies can be blocked by the navigator:
For Mozilla Firefox:
Open " tools" then "options"
Click on "private"
Look for "cookie" and select the appropriate options.
For Microsoft Internet Explorer 6.0:
Select "tools" then "Internet options", then click on "Confidentiality" and select the level with the cursor.
For Microsoft Internet Explorer 5:
Select "tools" then "Internet options", click on "confidentiality", personalize with the cursor.
For Netscape 6.X and 7.X: Select "edit" > "preferences" Confidentiality and safety Cookies
For Opera 6.0 and up: Select "file">"preferences" Private
The Buyer may forbid that personal data should be processed and that this data be used for marketing purposes.
The Buyer may ask the Seller whether this personal data is or is not processed, or about information relative to the ends of such a process, about the types of personal data processed and the addressees of such, the communication of personal data as well as any information leading to the source.
The Buyer may as well demand that personal data be corrected, upgraded, blocked or erased, if wrong, partial, equivocal, outdated, or forbidden to collection, use, communication or storage.
To exert this right, the Seller will e-mail the Buyer as responsible for the process, at contact@bijouterie-jouveau.fr
ARTICLE 12 - Clause of Proof
It is agreed that both Parties may communicate by e-mail for the Terms, given that the necessary safety precautions are taken.
Both Parties agree that the exchanged e-mail are valid proof of their exchanges, and consequently of the terms
reached, in particular concerning orders.
ARTICLE 16 - Partial Invalidity
If one or several items of the terms were considered unlawful or null , this nullity would not entail the nullity of
other provisions, except if these provisions could not be treated separately.
ARTICLE 17 - Law of Reference
The Terms are under French Law.
ARTICLE 18 - Litigation
Both parties agree that in case of litigation concerning the respect or interpretation of the Terms, they will try to solve the matter.
If they failed to do so, the case would be taken to the competent Court of Justice.
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