TERMS OF SALES
The purpose of these terms and conditions is to set out the terms and conditions under which this site sells its solid silver jewelry creations (hereinafter referred to as "the goods") to its customers through the arametricus.com website (this "Site").
this site is an e-commerce site hosted by Wix.com; Email: (hereinafter "@guewen").
Acceptance of these general terms and conditions of sale ("GTC") implies full and unreserved acceptance by the Customer.
All orders on the Site are subject to these GCS. These are subject to modification and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
These GCS exclusively govern the sales made by this site of products offered to buyers having the status of consumers (hereinafter the "Customer(s)") on the Site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.
The GCS are opposable to the Customer who declares to have read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before the implementation of the online ordering procedure.
The Customer of the Site must be a consumer, an adult and legally capable natural person. The Customer must, at the time of his first order on the Site, open a customer account. For each order, the Customer must fill out an order form specifying certain mandatory fields so that his order of Products can be taken into account by this site.
The information communicated to this site within the framework of the opening of its customer account and at the time of each of its orders will have to be complete, exact and up to date.
This site reserves the right not to proceed with an order if it does not come from a customer meeting the criteria set out above.
The essential characteristics of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, he may contact this Site by email at: firstname.lastname@example.org.
4. ORDERING PROCESS
To place an order, the following steps must be followed:
The Customer walks on the Site and adds the Product in his basket, specifying the quantity;
the Customer checks the nature of the Products added to the basket;
to delete an item, the Customer must click on "Delete" and to change the number of items, modify the quantity and click on "Refresh";
the Customer can then finalize his order or choose to continue shopping;
To conclude the purchase contract and finalize the order, the Customer must fill in the order form and provide the personal data necessary for the order;
the Customer does not choose the delivery method;
the Customer must choose his method of payment ;
it is up to the Customer to check the details of the order and in particular the total price of his order taking into account the price of the Products, the delivery terms and costs, the VAT, the Product in particular in terms of quantity ;
the Customer must read and accept the GCS;
The Customer proceeds to payment.
The prices of the Products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.
It is the Customer's responsibility to verify the accuracy of the information he provides.
Ve site reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
This site will also be entitled to refuse any order placed by a Customer with whom there is a dispute over the payment of a previous order and any order that does not comply with these Terms and Conditions of Sale.
In these hypotheses, this site will inform the Customer by telephone or e-mail.
In the event that the Products presented on the Site are no longer available or on sale at the time your order is sent, this site must inform you promptly, and in any case, before thirty working days from the day following your order, of the possible unavailability of the products ordered. In the event of payment of the price, this site will reimburse you for all sums advanced for the unavailable Products.The contract is deemed concluded upon receipt by This site of the order after verification by This site of the accuracy of the data relating to the order.
After validation of your order, an acknowledgement of receipt will be sent by e-mail to the Customer, containing a summary of the information of the order (essential characteristics of the product, price, means of payment, right of retraction, delivery times and costs).
The Site offers payment by credit card. When the order is finalized, this site confirms the payment by sending the Customer a summary email.
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). The costs of packaging, order processing and shipping are indicated before validation of the order.
This site can modify the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. The Products are invoiced on the basis of the rate in force when the Customer places an order.
The Products remain the full and entire property of the company This site until the complete collection of the price of each order by This site.
The payment of the purchases is carried out via the secure platform of our partner.
For a delivery outside the European Union, the Customer will have to pay the customs duties, or other taxes due at the time of the importation of the products in the country of the place of delivery. The formalities relating thereto are also the exclusive responsibility of the Customer. The Customer is solely responsible for verifying the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.
The Products are delivered to the delivery address indicated on the order form.
The package is delivered according to the shipping method chosen by the Customer and is given to the recipient against signature of a delivery slip (depending on the delivery method).
The products are delivered worldwide. No delivery can be made to a hotel address or a post office box.
This site undertakes to ship all orders placed.
From the time the order is shipped, the average delivery times are as follows:
5 to 10 working days by international Colissimo.
It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.
In the event that this site is unable to deliver on the date indicated or within the period indicated at the time of the order, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in Article L 216-2 of the Consumer Code, i.e. by registered letter with acknowledgement of receipt, after having enjoined this site to carry out the delivery within a reasonable period of time by registered letter with acknowledgement of receipt, without this site having carried out the order.
7. RECEPTION OF THE PRODUCTS
Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the Product delivered.
If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item... This check is deemed to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.
The Customer must then confirm his reservations to the carrier by registered mail at the latest within three days, not including public holidays, following receipt of the Products and send a copy of this mail to this site.
Failure to comply with the said deadline does not hinder the recourse that the Customer may have against This site to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of delivery. Likewise, the Customer always benefits from his right of retraction under the conditions of article 9 above.
For any request relating to commercial and legal guarantees, please contact email@example.com.
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8.1 Commercial Warranty
In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee of satisfied or reimbursed customers.
This commercial guarantee does not apply:
the nonconforming uses as well as the defects of use;
deterioration due to a handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
in the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene;
in case of natural wear and tear;
interventions carried out on the jewelry by any person not authorized by the Customer Service as well as deteriorations resulting from such an intervention.
Article L 217-16 of the Consumer Code: When the purchaser asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
8.2. Legal warranties
Unless it is a legal entity or a natural person acting for purposes falling within the scope of its commercial, industrial, craft or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which it can act. This site is thus held liable for defects of conformity and latent defects under the conditions provided respectively by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.
Article L 217-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility.
Article L 217-5 of the French Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the use usually expected of a similar good and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L 217-7 of the Consumer Code: Defects of conformity that appear within twenty-four months from the delivery of the goods are 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 may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The application of the provisions of articles L 217-9 and L 217-10 is free of charge for the buyer. These same provisions do not prevent the allocation of damages.Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred two years after delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the warranty on account of 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 a lower price for it, if he had known about them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving the price back, or keeping the item and receiving part of the price back.
Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
When acting as a legal guarantee of conformity, the Customer :
has a period of 2 years from the delivery of the good to act;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted by this site.
When acting as a legal guarantee for hidden defects, the Customer may choose between the resolution of the sale or the reduction of the sale price in accordance with Article 1644 of the Civil Code.
9. CUSTOMER'S RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L 221-18 and following of the Consumer Code, the Customer may cancel his order at his discretion without giving any reason. To do so, the Customer has the right to retract his order. He may exercise it (or a third party designated by him, with the exception of the carrier) within 14 days from receipt of the Product.
Before the expiration of this 14-day period, the Customer must inform this site of his decision to withdraw either by sending him the withdrawal form at the bottom of the GCS by cutting it out or in your package, after having duly completed it, or by sending him an e-mail clearly and unambiguously expressing this decision and mentioning the number of his order at: firstname.lastname@example.org.
The Customer must return the Product, at his own expense (unless the product does not conform or has a manufacturing defect), to this site, to the address indicated on the withdrawal form, within 14 days of communication of his decision to withdraw.
This site strongly advises its Customers to return the products by Colissimo or Lettre Max. The Customer also has the possibility to choose the carrier of his choice. It is therefore recommended to take care of the proof of this return, which supposes that the Products are returned with parcel tracking, or by any other means giving a certain date.
This site must reimburse the Customer, including delivery costs, at the latest within 14 days from the date on which this site has effectively recovered the Product or from the date on which the Customer has provided it with proof of the dispatch of the Product.
Reimbursement will be made by bank transfer to the card used to pay the initial invoice.
It is not possible to replace or exchange returned Products. It will be necessary to place a new order online.
For returns of personalized products : Article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).
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10. EFFECT OF THE CONTRACT
The contract produces all its effects as soon as it is concluded and may not be unilaterally terminated by either party, unless the Customer uses his right of withdrawal under the conditions set out in Articles L 221-18 et seq. of the French Consumer Code.
11. INTELLECTUAL PROPERTY
The Customer acknowledges that the Products of this site and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of this site, in particular as intellectual property, for the entire duration of the protection of these rights and for the entire world.
Certain Products have been registered as designs and models and are automatically protected by copyright.
The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how used by this site, as well as any act tending to the appropriation of these elements, whether or not they are protected by this site by a trademark, a design and model or copyright.
Consequently, any reproduction not authorized by this site will be subject to infringement liable to prosecution.
12. PROCESSING OF PERSONAL DATA
13. DISPUTE RESOLUTION
In the event of a dispute, the Customer must first contact email@example.com. In the absence of a solution within 21 days following his request, the Customer may refer the matter to the Joint Mediation Commission for Direct Sales, 100 avenue du Président Kennedy, 75016 Paris, Tel: 01 42 15 30 00, E-mail: , website which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising between this site and the Customer.
14. APPLICABLE LAW AND JURISDICTION
The GCS are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GCS could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of competence of common law.
Withdrawal form (to be cut out)
(Please complete and return this form by email to only if you wish to use your right of withdrawal regarding an order)
I hereby notify you of my withdrawal from the contract for the sale of the Product below: ...................................................................
Ordered on(*)/received on(*): ..................................................................
Client's name: ........................................................................................................................................
Customer Address: ......................................................................................................................
Customer's signature (only in case of notification of this form on paper) :